Terms and Conditions

Last updated: November 15, 2023

Welcome to ConsultPro Portugal. These Terms and Conditions ('Terms') govern your access and use of the website consultpro-portugal.com ('Website') and the consulting services ('Services') offered by ConsultPro Portugal ('we', 'our', 'us', or 'Company').

By accessing our Website or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you may not access the Website or use our Services.

We recommend that you read these Terms carefully and check them regularly to stay informed about any changes.

1. Acceptance of Terms

By accessing and using our Website and Services, you confirm that:

2. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. The most current version of the Terms will always be available on our Website. It is your responsibility to check periodically for changes. Your continued use of the Website or Services after the posting of any changes constitutes your acceptance of those changes.

If you do not agree with the new Terms, you should stop using the Website and Services.

3. Website Access and Account

3.1. Website Access

We strive to ensure that our Website is available 24 hours a day. However, we cannot guarantee that access to the Website will not be interrupted or temporarily unavailable due to technical maintenance, updates, or factors beyond our control.

We reserve the right to modify, suspend, or discontinue any aspect of the Website at any time, with or without prior notice.

3.2. Account Registration

Some of our Services may require you to create an account. By creating an account, you agree to:

We reserve the right to suspend or terminate your account if any information provided during the registration process or subsequently is inaccurate, false, outdated, or incomplete.

4. Consulting Services

4.1. Service Description

ConsultPro Portugal offers business consulting services, including but not limited to:

The detailed description of each service is available on our Website or will be provided upon request.

4.2. Service Contracting

The contracting of our Services occurs when:

By contracting our Services, you agree to the specific terms, including fees, schedule, and scope of work, as detailed in the relevant proposal, contract, or service description.

4.3. Service Delivery

We commit to delivering the contracted Services:

We reserve the right to substitute consultants or subcontract parts of the Services, provided that we maintain overall responsibility for the delivery of the Services.

4.4. Your Obligations

To enable us to provide the Services effectively, you agree to:

4.5. Service Changes

Any changes to the scope, timeline, or other aspects of the Services must be agreed upon in writing between the parties. We reserve the right to adjust fees and timelines if the scope of the Services is changed.

5. Pricing and Payments

5.1. Prices

The prices for our Services are indicated on our Website or will be specified in our proposals or contracts. All prices are presented in Euros (€) and include Value Added Tax (VAT) at the applicable rate, unless otherwise indicated.

We reserve the right to change our prices at any time, but such changes will not affect contracts already entered into.

5.2. Payment Terms

Payment terms will be specified in the relevant proposal, invoice, or contract. Unless otherwise agreed:

5.3. Late Payments

If we do not receive payment within the stipulated period:

5.4. Taxes and Fees

You are responsible for paying all applicable taxes, duties, or charges resulting from your use of our Services, except when the law requires that they be collected and remitted by us.

6. Intellectual Property

6.1. Our Content

The Website and all its content, features, and functionality (including but not limited to text, graphics, logos, icons, images, audio clips, videos, data, and software) are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws.

You do not acquire any intellectual property rights to our content. All rights not expressly granted in these Terms are reserved.

6.2. Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Website and its content solely for informational purposes and to use our Services in accordance with these Terms.

6.3. Use Restrictions

You agree not to:

6.4. Service Results

Unless specifically agreed in writing:

6.5. Feedback

If you provide us with ideas, suggestions, or feedback about our Website or Services, we will have the right to use this information for any purpose, without restrictions or compensation.

7. User Content

7.1. Content Submission

Some parts of our Website may allow you to post, submit, or transmit content, such as comments, reviews, or other materials ('User Content').

7.2. License for User Content

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with our Website, Services, and business activities.

7.3. Representations and Warranties

By submitting User Content, you represent and warrant that:

7.4. Right of Removal

We reserve the right, but not the obligation, to monitor, edit, or remove any User Content that we consider to violate these Terms or to be otherwise inappropriate, without prior notice.

8. User Conduct

When using our Website and Services, you agree not to:

9. Links to Third-Party Websites

Our Website may contain links to third-party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites.

You acknowledge and agree that we are not responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any such websites.

We recommend that you read the terms and privacy policies of each website you visit.

10. Confidentiality

10.1. Confidential Information

'Confidential Information' refers to any non-public information that one party discloses to the other party in connection with the Services, whether verbally, in writing, electronically, or by other means, and that is designated as confidential or that should reasonably be understood to be confidential given the circumstances of disclosure.

10.2. Obligations

Each party agrees to:

10.3. Exclusions

The confidentiality obligations do not apply to information that:

10.4. Duration

The confidentiality obligations will continue in effect during the provision of the Services and for a period of 3 years after completion or termination, unless a longer period is required by law or agreed upon in writing.

11. Disclaimer of Warranties

To the maximum extent permitted by applicable law:

11.1. Website

Our Website is provided 'as is' and 'as available', without warranties of any kind, express or implied. We do not guarantee that the Website will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.

11.2. Services

While we strive to provide high-quality Services, we do not guarantee that the Services will meet your specific needs or produce specific results. The results of the Services may vary depending on various factors, including, but not limited to, the accuracy and completeness of the information you provide us, market conditions, and actions taken based on our recommendations.

11.3. Business Decisions

You acknowledge that you are responsible for evaluating and making business decisions based on the information and recommendations we provide. We are not responsible for any actions you take based on our Services.

12. Limitation of Liability

To the maximum extent permitted by applicable law:

12.1. Exclusion of Damages

In no event will we be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, lost data, loss of use, business interruption, or cost of procuring substitute services, arising out of or relating to these Terms or your use or inability to use the Website or Services.

12.2. Liability Limit

Our total liability to you for all claims arising out of or relating to these Terms, the Website, or the Services, whether in contract, tort, or otherwise, will not exceed the total amount you paid for the Services in the 12 months preceding the claim or €10,000, whichever is less.

12.3. Basis of the Agreement

The limitations of liability in this section apply even if we have been advised of the possibility of such damages and even if any limited remedy fails in its essential purpose.

13. Indemnification

You agree to indemnify, defend, and hold harmless ConsultPro Portugal, its affiliates, directors, employees, agents, and partners from and against all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

14. Termination

14.1. Termination by You

You may stop using our Website at any time. If you have an account, you may close it by following the instructions on the Website or by contacting us.

If you have contracted Services, you may terminate them according to the terms of the relevant contract or proposal. Early termination fees may apply as specified in those documents.

14.2. Termination by Us

We may suspend or terminate your access to the Website or Services, or terminate these Terms, at any time and for any reason, including, but not limited to:

14.3. Effect of Termination

Upon termination:

14.4. Survival

All provisions of these Terms that by their nature should survive termination will survive termination, including, without limitation, provisions regarding ownership, warranties, indemnification, limitations of liability, and dispute resolution.

15. Governing Law and Dispute Resolution

15.1. Governing Law

These Terms will be governed by and construed in accordance with the laws of Portugal, without giving effect to any principles of conflicts of law.

15.2. Amicable Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or the Services, the parties agree to first attempt to resolve the dispute informally by contacting each other.

15.3. Arbitration

If it is not possible to resolve the dispute informally within 30 days, any dispute will be submitted to binding arbitration in Lisbon, Portugal, in accordance with the rules of the Commercial Arbitration Center of the Portuguese Chamber of Commerce and Industry.

15.4. Exceptions

Notwithstanding the above, each party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

16. General Provisions

16.1. Relationship Between the Parties

Nothing in these Terms creates a partnership, joint venture, agency relationship, fiduciary relationship, or employment relationship between you and us. You have no authority to assume or create any obligation on our behalf.

16.2. Assignment

You may not assign or transfer these Terms, or any rights or obligations under these Terms, without our prior written consent. Any attempted assignment or transfer without such consent will be void. We may assign or transfer these Terms, or any rights or obligations under these Terms, without your consent.

16.3. Notices

All notices required or permitted under these Terms will be in writing and will be deemed delivered when received. Notices to ConsultPro Portugal must be sent to the address listed in the "Contact Us" section below. Notices to you may be sent to the email address associated with your account.

16.4. Waiver and Severability

The failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect.

16.5. Entire Agreement

These Terms, together with our Privacy Policy and any specific service contracts or proposals, constitute the entire agreement between you and us regarding your access and use of the Website and Services, and supersede any prior agreements or understandings.

17. Contact Us

If you have questions or concerns about these Terms, please contact us:

ConsultPro Portugal
5 Hunter Trafficway North
Noahburgh WA7 1EN
Portugal

Email: info@consultpro-portugal.com
Phone: +446242857330