OUR TERMS AND CONDITIONS OF SALE
1. SERVICE DELIVER
1.1. Mixlife Ltd., a private limited company with tax identification number 507 851 870, registered in the Commercial Register Conservatory Of Viseu under the same number, headquartered at Adelino Azevedo Pinto Street, Lote 29,1º J, 3510-224, Viseu and fully-paid up capital of € 5 000,00 (five thousand euros), provides the CLIENT the Services described on the Website. https://www.mixlife.pt under the trade name “Mixlife”.
1.2. For all purposes of providing services by Mixlife Lda, the CLIENT must provide all requested data (mandatory data) on the ORDER FORM, under penalty of being refused the provision of some or all requestes services as long the necessary informations are not supplied.
2. CONDITIONS OF SERVICE DELIVERY
2.1. Mixlife Ltd. undertakes to make all necessary arrangements to provide the services within the time-frame agreed with the CLIENT, which is identified in the ORDER FORM or the Quote Email sent by Mixlife.
The CLIENT also acknowledges and further accepts that Mixlife Ltd. does not controls the content of the information uploaded or disclosed by the CLIENT through communication networks used, that the deadlines indicated on the quotes sent can be altered due to the complexity of the services hired, by tasks requested during the execution of the service that were not contracted, by delay in sending and making available information necessary for the execution of the service and complex technical situations that may arise. The client acknowledges and accepts that can never claim any kind of compensation by delays in the services provided and that Mixlife is not responsible for any loss of data and service breakdown of clients platform, being the clients responsible for the backup, hosting service, its content, and performance.
2.3. It is the CLIENT’s sole responsibility to ensure that the equipment, web hosting, operating systems or computer programs the client uses are appropriated for the used of the contracted Service, under the terms described on the ORDER FORM or the quote email sent.
The current contractual instrument contains the general conditions for the provision of services practiced by Mixlife Ltd and the CLIENT, in the indicated terms in the ORDER FORM or the quote email, is aware that the provided services are also objected to PARTICULAR CONDITIONS expressed in specific instruments that the client declares to have read and to which agrees and accepts.
3. PERSONAL DATA USE
3.1. Mixlife Ltd. is the entity responsible for the collection and processing of the personal data provided by the CLIENT at the time of signing the current contract, as well as those that Mixlife Ltd. may obtain during the term of the contract.
3.2. Mixlife Ltd. will proceed, under the legal terms, to the collecting and processing of the CLIENT’s personal data that are strictly necessary for the delivery of the service in question, keeping them while the contractual relationship is in force, being definitely erased after the termination of the contract, unless the cases the law expressly foresees the obligation to retain personal data for longer periods or in cases that the National Commission of Data Protection (CNPD) authorizes retention for even longer periods, given the specific purpose of the processing, in which case the CLIENT will be properly informed about that same purpose and period.
In order to properly execute the contract, the CLIENT is forced to provide Mixlife Ltd. truthful, complete and current personal data.
3.3. The CLIENT’s contact data, who is a private individual, may be used by Mixlife Ltd. , if the CLIENT expressly authorizes it, in actions of direct marketing and promotion of available services by Mixlife, in accordance with the terms of Article 13 of Law No. 41/2004, August 14th as emended by the law No. 46/2012, August 29th.
3.4. Present by a instance where the CLIENT, being a business entity, Mixlife Ltd. can send unsolicited communications for direct marketing purposes relating to services and goods provided by Mixlife Ltd. or a company in the same group, expect if the CLIENT expressly refuses to receive such communications in the future and registers on the national list of business entities that expressly object to receive such unsolicited communications for direct marketing purposes that Consumer Directorate is responsible for keeping up to date.
3.5. In any of the above cases, the CLIENT has the right to expressly object, free of charge, via e-mail, to messages sent by Mixlife Ltd. regarding direct marketing communications.
3.6. Mixlife Ltd. ensures to the CLIENT the right to access to its personal data stored at specific databases, namely for confirmation of its veracity, correction, verification of purposes of the data and of the recipients to whom they are communicated, as well as updating, rectification and removal, through an email request. email@example.com to Mixlife Ltd.
3.7. The CLIENT declares, by the present contract, to be aware that the indication of personal data contained in the ORDER FORM is a mandatory condition to providing services and that the solicitation of disposal from Mixlife database, will result in the technical inviability of such services, and will discharge Mixlife from any responsibility for the termination of the contract by such motives.
4. CLIENT’S OBLIGATIONS REGARDING THE USE OF THE SERVICE
4.1. The CLIENT is obligated to not use, and prevent third parties to use, the services or partly, to store, reproduce, disclosure, communicate, or obtain any material, data, images or information that:
(i) violates any legal or regulatory requirements, code of conduct or conditions of use;
(ii) is abusive, unappropriated, defamatory, obscene, pornographic, threatening, or otherwise offensive; or
(iii) violates any provisions about confidentiality, industrial or intellectual property rights, privacy, or any other rights of third parties, protected by the laws of any State or by any international agreements (any of these situations referred as “Offensive Materials”)
4.2. The CLIENT also agrees that no matter what kind of services provided under the current contract, will not:
(i) violate intellectual property rights of Mixlife or third parties, or any other property rights regarding computer programs, other programs and any other goods provided by Mixlife for the service use:
(ii) use or allow that others use the Service to any unlawful purpose or vulnerable of causing any disturbance, including the sending or transmission of unsolicited electronic mail ( also known as “Spam”);
(iii) fixing, modify, or interfere, as well as upload in any network any kind of programs, data, or other information, which may in any way, affect the service, cause damage to third parties or being seen as unlawful.
4.3. The CLIENT undertakes also to respect the Acceptable Use Policy (PUA) https://www.mixlife.pt/politica-de-utilizacao-aceitavel Established by Mixlife Ltd., which declares to have consulted and to know, as well as all of those that will be communicated while the period of the contract, as long as these last one do not cause any significant changes in the use of the contracted Service; the CLIENT, if the conditions of use that Mixlife communicates cause significant changes in the use of the contracted Service, may terminate the current contract under the general terms of law.
4.4. The CLIENT acknowledges and accepts that must keep, under its exclusive liability, copies of all order forms/ subcription requests for Services made through the website https://www.mixlife.pt or quotation emails sent as well as all documents regarding to billing or payments made to Mixlife Ltd.
5. ELECTRONIC INVOICE
5.1. The CLIENT acknowledges and accepts that Mixlife Ltd. will issue electronic invoices as consideration for the services subscribed to by the CLIENT, which will be sent to the email address given by the CLIENT on its Reserved Area, as well as all accounting documents that are necessary for the correct and valid billing of the services provided to the CLIENT.
5.2. The CLIENT acknowledges and accepts that may choose to receive accounting documents indicated in the previous point via CTT, and for this purpose will have to request Mixlife by email.
6. SUSPENSION OF THE SERVICE AND MAJOR FORCE CASES
6.1. Mixlife Ltd. reserves the right of suspending any of the contracted Services if: (a) the Client breaches any of the obligations of the current Agreement and fails to rectify the breach within 8 (eight) days after the request of Mixlife Ltd, or (b) Mixlife Ltd. receives a complaint of third parties regarding the use, by the CLIENT, of the services to store, keep or disclosure “Offensive Materials”, or even receive communication from a public entity informing that the CLIENT may be using the services in violation of the applicable legal regulations, or if the CLIENT violates by any way the regulations of the Clause 4, in all cases after a written request to the CLIENT, with 8 (eight) days’ notice, to fix the defaulted behavior.
6.2. Mixlife Ltd. even reserves the right to temporarily suspend services, by operating motives, namely for repair, maintenance, or improvement of its network or Datacenter, throrgh prior notice of at least 2 (two) days, to the CLIENT, except if, by emergency motives or cases of major force, such communication is impossible to be deliver.
6.3. The party who fails to comply to any of the established obligations on this contract, for reasons beyond its control (“Major Force”), shall not be responsible for the other party for such failure.
If the Major Force situation extends for a period longer than 60 (sixty) days, either party may terminate the contract, by sending a written communication addressed to the other party.
6.4. Starting from the moment of creation of the website, online shop or any other service provided by Mixlife and its availability for the CLIENT, the service provider is no longer responsible for its use, access or disclosure, giving such liability exclusively to the user.
7. LENGTH AND RESOLUTION
7.1. The current General Conditions of Services Providing have the duration stipulated for each contracts regarding to the services that the client subscribes, which will have the duration indicated on the ORDER FORM ou the QUOTATION EMAIL, automatically renewing in the term, except if the client terminates it with a 30 (thirty) days’ notice.
7.2. The CLIENT acknowledges that the resolution or report of the present General Conditions of Services Providing will determine the fully resolution of the PARTICULAR CONDITIONS at the moment of the communication of the termination, with the contractual and legal consequences resulting from there.
7.3. The termination by the CLIENT of any PARTICULAR CONDITIONS only determinate the termination of the current General Condition Service Providing if none other service (and respective PARTICULAR CONDITIONS) is active.
The permanent cancellation of the service determines the permanent loss of the data saved in the server, and the CLIENT is obligated to proceed to safeguard them before the permanent cancellation of the service,if the client intend to keep them.
8. PRICING, INVOICE AND PAYMENT
8.1. The pricing established by providing Services are properly listed on Mixlife Ldt ‘s website mixlife.pt and available for consultation.
8.2. The CLIENT acknowledges and agrees as an essential part of the formation of the Prices of the Service that Mixlife Ltd can proceed to its update and other applicable fees, from the first day (January 1st) of each year, as long as the service has been provided for at least 6 (six) months since the beginning of service delivery and the update does not exceeds the paid price plus the amount of the inflation rate from the previous year, according to the Consumer Price Index published by INE. This update should be announced to the CLIENT by Mixlife Ltd, although, does not requires its permission.
8.3. The CLIENT further understands that Mixlife Ltd can make special updates to the Prices of Service and other applicable fees. This update will be informed to the CLIENT by email with a minimal notice of 30 (thirty) day regarding to the date of its effects. Once this period ends and verified the ongoing use of the Service by the CLIENT in the following 30 (thirty) days, Mixlife Ltd will assume that the new Price of the Service has been accepted unequivocally by the CLIENT who, therefore, renounces the right to terminate the Contract, due to the change in the contracted Price of Service. The resignation by the CLIENT won’t determinate the application of any penalty and will determine the suspension of the service in a period of 30 (thirty) days following the communication of non-acceptance of the new terms.
9.1 Mixlife Ltd can only be held responsible for loss or damages resulting from the inadequate or defective behavior of the current contract that may be attributable to intentional misconducting or negligence, and willl not be liable namely for (i) damage caused by the CLIENT’s fault or third parties, (ii) resulting from the compliance with judicial decisions or administrative authorities, (iii) operating losses or (iv) that result from major force situations, i.e. unpredictable situations, external to Mixlife Ltd and cannot be controlled by the company, such as fires, power-cuts, explosions, wars, riots, civil insurrections, governmental decisions, strikes, earthquakes, floods or other nature cataclysms or uncontrollable situations by Mixlife Ltd. that blocks or harms the fulfillment of the obligations assumed under the current contract.
9.2. The CLIENT expressly acknowledges and accepts that Mixlife Ltd is only restricted to service providing, not being liable for the content of the information or any available or received data through the Internet or network, nor for facts or circumstances that point to the unlawful nature of them .
10. COMPLAINT AND OUT-OF-COURT SETTLEMENT OF DISPUTES
10.1. The CLIENT undertakes, before accessing to any court or arbitration, to seek to solve the conflict by informing Mixlife by email or registered mail with the subject of the complaint. On the other side, Mixlife undertakes to deal with the complaint, notifying the CLIENT , in written form, of its conclusions within 8 (eight) working days starting from the day the claim was sent.
11. SPECIFIC RULES TO “CONSUMERS”
11.1. In any case the CLIENT is a “Consumer” as defined in the Decree-Law No. 24/2014, February 14, which rules contracts concluded remotely and out the commercial building, is considered to be informed in any case that has a period of 14 (fourteen) days from the date of the signing of the current contract in case of mere service providing, without payment of compensation nor need of any reason, and in this case, Mixlife Ltd shall refund the CLIENT for the fee of Service Activating, if this has been already paid off.
11.2. According to the terms of the article 18 of Law No. 144/2015, September 8, Mixlife Ltd informs its CLIENTS who are Consumers, according to the definition stated by the same law, that the full list of Entities (RAL) – Entities of Alternative Resolution of Consumer Disputes existing in Portugal is available for consultation on the Consumer Portal accessible by a email address. http://www.consumidor,pt .
11.3. Mixlife Ltd further informs that its Consumer Clients of the existence of an online platform fully dedicated to deal with disputes that can be used when the Parties are out of Portugal and in an U.E State. – RLL Platform reachable through email address. http://ec.europa.eu//consumers/odr/ .
11.4. Mixlife Ltd further informs its Clients, who are consumers in the terms above, that for Alternative Dispute Resolution purposes, the email address firstname.lastname@example.org .
12. CONTRACT CHANGES
12.1. Always necessary, Mixlife Ltd can change the Price of Service as well as add or modify the General ou Particular Conditions which rules the Service Delivery.
12.2. Without any loss from the terms of clause 8.2, the changes or addictions will be valid once 30 (thirty) days have passed after the CLIENT is communicated. The CLIENT may terminate the present contract, with no penalties, by a written communication sent to Mixlife Ltd with a minimum notice period of 15 (fifteen) days counting from the day of reception of the change of the service conditions, in case of unacceptable. However, the contract cannot be ended, under the terms of the current clause, if the changes or addictions to the general conditions are made by law enforcement or regulation. The Service Use by the CLIENT, after the expiration of the period established for the termination of the contract under the current paragraph, will be considered as an acceptance by the CLIENT of the changes to the contract and as a waiver to the right of the termination of the contract that the CLIENT is entitled to. Within the period, the exercise of the right to resign the contract shall determine the suspension of the service on the scheduled date for the proposed changes to take effect.
13.1. The communications and notices made under the current contract will be given, unless otherwise specified, to Mixlife Ltd’s email address on the website of Mixlife Ltd, and the CLIENT’s email address, explicit on the ORDER FORM or the quotation email sent, and Mixlife may also send such communications to the CLIENT’s invoicing address.
13.2. On the 229 article of the Civil Process Code, to purposes of the CLIENT’s summons in legal actions aimed at the fulfillment of the obligations arising from this contract, the Parties set as agreed domicile, the indicated address in the ORDER FORM and the quotation email sent.
13.3. The CLIENT and Mixlife Ltd are obligated to inform each other of any address change indicated on the ORDER FORM or Quote Email sent, within a maximum period of 30 (thirty) days, by registered letter with acknowledgement of receipt, failing which the other Party must be considered served at the address initially indicated.
14. LAW, CONTRACT AND JURISDICTION
14.1 The current contract is governed by the Portuguese law, and the determination of the jurisdiction is subjected to the rules established under the civil procedure law.
15. CLOSING REMARKS
15.1 If any clause of this contract is declared, in full or partial, null or void, the remaining clauses of the contract will be fully valid and effective.
15.2 The CLIENT may not assign its position under the present contract or transfer any rights or obligations without the prior written consent of Mixlife Ltd.
15.3. Any change to the present contract must be in writing and signed by both Parties.