Terms of Service

Last Updated: 16/12/2024

These Terms of Service (“Terms”) govern your access to and use of the services, websites, and platforms (collectively referred to as the “Services”) provided by Nexwinds Solutions Lda (“we,” “our,” “us”). By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. Scope of Services

Nexwinds Solutions Lda provides a variety of services, including but not limited to:

  • Website and eCommerce Development
  • Marketing Services (including SEO, Google Ads, and social media management)
  • Custom Software Development
  • IT and Network Services

These Services are available to small and medium-sized businesses, typically with up to 50 employees. The scope of Services provided to you will be detailed in a separate agreement or project scope document.

2. Client Responsibilities

As a client, you agree to:

  • Provide Necessary Information: You must supply accurate and timely information to enable us to perform our services effectively (e.g., materials for website development or marketing campaigns).
  • Cooperate: You agree to cooperate with us by responding to inquiries, approving deliverables, and making timely decisions related to the project.
  • Payment: You will ensure that all payments for services rendered are made in accordance with the payment terms specified in the relevant agreement.

3. Service Fees and Payment Terms

  • Fees: Service fees will be outlined in your individual agreement or project proposal. Fees may include one-time charges, subscription fees, or ongoing service costs.
  • Invoices and Payments: Invoices will be sent periodically as per the terms agreed. Payment must be made within the timeframe specified on the invoice (typically 30 days). Late payments may incur penalties or interest charges as specified.
  • Taxes: All service fees are exclusive of VAT or any other applicable taxes, which will be added as required by law.

4. Term and Termination

  • Agreement Duration: This agreement will remain in effect until the Services are completed or until terminated as described below.
  • Termination by Client: You may terminate the agreement at any time by providing written notice. Cancellation fees may apply depending on the project stage (e.g., higher fees for advanced stages of development).
  • Termination by Nexwinds: We may terminate the agreement if you breach these Terms or fail to cooperate in a timely manner. In such cases, we reserve the right to charge you for work completed up to the termination date.

5. Intellectual Property

  • Ownership of Deliverables: Unless otherwise agreed, all intellectual property created during the project (such as custom websites, software, or marketing materials) will be owned by the client. Nexwinds retains ownership of its proprietary tools, frameworks, and software.
  • License: We grant you a non-exclusive, non-transferable license to use the deliverables for the purposes specified in the project agreement.
  • Proprietary Rights: You acknowledge that Nexwinds retains all rights to its proprietary materials, technologies, and content unless otherwise explicitly agreed.

6. Confidentiality and Non-Disclosure

  • Confidential Information: Both parties agree to keep any confidential information shared during the course of the project confidential. This includes business plans, strategies, and proprietary information.
  • Non-Disclosure Agreement (NDA): A separate NDA may be executed if necessary to protect sensitive information.

7. Service Level Agreement (SLA)

We strive to meet the service standards outlined in our Service Level Agreement (SLA), including:

  • Uptime Guarantee: We commit to a minimum service uptime of 99.9% for hosted services.
  • Response Times: We will respond to non-critical support requests within 24 hours and address critical incidents within 1 hour.

Specific details regarding service levels will be outlined in your SLA document.

8. Limitation of Liability

  • No Liability for Certain Damages: Nexwinds is not responsible for any indirect, incidental, special, or consequential damages arising from the use of our Services, including but not limited to loss of data, profits, or business opportunities.
  • Maximum Liability: Our maximum liability for any claim arising out of or related to this agreement will be limited to the total fees paid by you for the services that gave rise to the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Nexwinds Solutions Lda, its officers, employees, and agents from any claims, losses, liabilities, and expenses (including legal fees) arising out of your use of our Services, your breach of these Terms, or any violation of applicable law.

10. Privacy and Data Protection

We are committed to protecting your privacy and ensuring that your personal data is handled securely. We process personal data in compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR). Please refer to our Privacy Policy for more information on how we collect, use, and protect your personal data.

11. Cookies and Tracking Technologies

Our website uses cookies and other tracking technologies to enhance your user experience and gather data for analytics and marketing purposes. By using our website, you consent to the use of cookies in accordance with our Cookie Policy.

12. Governing Law and Dispute Resolution

  • Governing Law: These Terms will be governed by and construed in accordance with the laws of Portugal.
  • Dispute Resolution: Any disputes arising from or related to these Terms will be resolved through mediation or, if necessary, arbitration. If mediation is unsuccessful, the dispute will be resolved by the courts of Porto, Portugal.

13. Changes to These Terms

We reserve the right to update or modify these Terms at any time. Any changes will be posted on our website, and the updated Terms will take effect as of the date of publication. We recommend reviewing these Terms periodically.

14. Miscellaneous

  • Force Majeure: Neither party will be liable for any failure or delay in performance due to causes beyond their reasonable control, including but not limited to natural disasters, strikes, or acts of government.
  • Entire Agreement: These Terms, along with any associated project agreements or service contracts, constitute the entire agreement between the parties and supersede all prior agreements, whether written or oral.
  • Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

15. Contact Information

For any questions or concerns about these Terms, or to contact us regarding our Services, please use the following contact details:

Nexwinds Solutions Lda
Rua Engenheiro João Tallone, n.º 80
4470-516 Maia, Porto, Portugal
Email: [email protected]

By using our Services, you acknowledge that you have read, understood, and agreed to these Terms of Service.

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