Terms and Conditions applicable to all the services contracted with iFlexi.com through the current website
These conditions are applicable to all the contracts to be established between the Client and iFlexi.com Lda (VAT 510420516). These conditions describe the rights and duties of both parties when the Client hires the services provided by iFlexi.com. Since the iFlexi service is in constant evolution and new functionalities, benefits and clients’ suggestions are regularly added, it is necessary for iFlexi.com to update this contract to reflect those evolutions. iFlexi.com can update these conditions at any time, by updating these same document permanently available online in the www.iflexi.pt website. All updates will take effect 30 days after their publication on the website. The Client can review the updates after their publication and revoke the contract for the service in case the Client doesn’t agree with the changes, up to the date the changes take effect.
Once the payment for a service order is received from the Client, iFlexi.com will begin the activation of the service in 24h (business days).
Legal Limitations to the WebSites Content
iFlexi.com does not endorse, suggest, actively censor or assume any responsibility for the content insert by the Client, both in the Customer’s Area, or in the Client’s public website, nor should, from this contract, be presumed that iFlexi.com does even know those contents. It’s the Client’s exclusive responsibility to ensure the adequacy of the content inserted by the Client or anyone else in their website hosted with iFlexi.com. The content (texts, images, videos and other documents) can’t contain, in any shape or form, content or references (links) to other sites, that include or promote: violence; pornography; any kind of sexual, racial or other discrimination; pedophilia or child pornography; the promotion or selling or narcotics, medicine or other chemical products not authorized; computer viruses; software, images, music, movies or other documents that are illegal or in violation of copyright; illegal gambling; any activities or products that are considered illicit or illegal in the Client’s region/country of residence or in the European Union; language or images that are considered offensive or defamatory to the general public or to any individuals, organizations or websites. iFlexi.com reserves the right to, after a complaint and the analysis of the content in question, proceed to the immediate and definitive cancellation of the Client’s service in the eventuality the Client is in breach of contrato regarding the forbidden content, being no place for iFlexi.com to indemnify or reimburse the Client in any way. iFlexi.com also reserves the right to, according to the law, report the situation to the authorities.
The prices presented in this website are updated regularly according to the evolution of the services in the market and to inflation. Such updates in the prices or the characteristics of the services take effect only over future contract renewals and only if the characteristics or prices updates were communicated to the client at least 15 days before the renewal date. The client can, at any moment, renew the service at the current price for extra 1 year periods, up to a maximum of 5 years. This means that the client can use iFlexi.com services for more than 5 years but, at any given moment, can’t have a contract still valid for more than 5 years. The exception are the discontinued services, which can only be renewed until the dates published by iFlexi.com. The base price for each service is permanently published in the www.iflexi.pt website. The Client, however, at subscription time, can benefit from discounts or offers resulting from promotional campaigns properly identified with promo codes provided by iFlexi.com or its Retailers, Agents or Affiliates. From the application of those discounts results the total service cost. To the total cost, the applicable taxes (VAT tax for Portugal) must be added, calculated at the moment of subscription for the client’s country. The prices for iFlexi.com services are presented in Euros. For payments in other currency, exchange or bank commissions may be applied. Depending of the payment method chosen by the client, payment operation commissions may me charged. Future renewals of the services are always priced at the current renewal date’s price, and not necessarily at the price the client payed the service for at the initial contract date.
New services’ payments must be made within 24h after the emission of the payment details. After that time, even if the client makes the payment and the payment is accepted, it’s not guaranteed that iFlexi.com will be able to maintain the price or the characteristics of the ordered service. In the eventuality of not being possible to provide the service in the ordered conditions, the client is informed and can cancel the order, and the payment will be returned, minus payment processing costs. The payments for the renewal of current services must be made up to the dat before the services expiration date, except if agreed otherwise between the two parties. The invoice/receipt of the received payments will be emitted and sent by electronic means.
Extras and Modules
Besides the cost of the base service included in each iFlexi.com plan, other costs may be applicable for the subscription/use of extra services and/or complementary modules, provided by iFlexi.com or by third-parties. The subscription of these services always implies an express and specific contract by the client. Extra services provided by iFlexi.com and subject to specific costs over the base iFlexi.com services costs include the registration of extra domain names, extra disk space, extra monthly traffic, extra email accounts, SMS sending, etc. Extra services provided by third-parties and subject to specific costs over the base iFlexi.com services costs include e-newsletters sending services, payment methods (credit cards, etc), billling systems, online ads, etc. Depending on the integration level of the extra services with the iFlexi.com service, the payment of those extra services may be made to iFlexi.com or to the third-party providing the extra service.
Personal Data and Privacy
The Client agrees to provide accurate and real data at the moment of subscription or payment of the services, as well as in every contact with iFlexi.com. iFlexi.com reserves the right to ask for identification documents from the individual or organizational Clients. Refusal to provide such documents in 24h or providing false documents is reason enough for the immediate cancellation of the service. For certain services, it may be necessary the signature of a physical contract with iFlexi.com or one of its partners. The Client’s data (name or denomination, contact details, fiscal identification number or bank or finantial information) are collected and maintained by iFlexi.com exclusively for the provision of its services and communications, not being used for any other purposes or made available to third-parties. Only the data that the Client actively makes public is published in the Client’s website. The website that the client hosts with iFlexi.com may be public on the Internet, and may be included in search engine results and online directories, as well as in iFlexi.com’s clients’ list. According to Domain name registrars terms, Internet domain name registration (.com, .net, .org, .pt, etc) requires the identification of the domain name registrant and their contact details, which will be publicly available on the Internet. If the client doesn’t want that information to be publicy available, the client must give iFlexi.com that express indication when the service subscription is made (domain name registrant privacy may involve extra costs, since it’s a commercial service provided by some registrars). According to the law, the client can ask for the change or elimination of the data provided to iFlexi.com by contacting iFlexi.com from the e-mail associated with their service.
In respect for “Artigo 5º da Lei nº 46/2012”, we inform the current website’s users that this website stores anonymous information in the form of cookies for the sole purpose of improving the website and its user experience, through the use of estimates on numbers and usage patterns in relation to products added to the shopping cart, with no storage of personal sensitive information. The storage information is only used by iFlexi.com and through the Google Analytics services, with exclusively statistical and anonymous purposes, and is never provided to third-parties. Using this website implies the acceptance of this policy.
Access Details and Client Identification
Details necessary to access the contracted service and to the iFlexi customer area are given to the Client at the moment of the service activation. The Client can afterwards change their Username/Email and Password, by validating their email through the link iFlexi.com eventually sends for that purpose. For security reasons, the Client should never give their Password to anyone, not even to iFlexi.com employees. The combination of the Email and Password contitutes proof of identity of the Client with iFlexi.com, therefore being the Client’s exclusive responsibility to keep that combination confidential and current. To unequivocally identify the Client, iFlexi.com automatically generates a unique Client code, available in the customer area, which should be used in all communications by email, chat or phone between the Client and the iFlexi.com team.
iFlexi.com guarantees a minimum service uptime of 99% (calculated annually). iFlexi.com guarantees that, within 24h (business days), will dedicate efforts to the resolution of any technical problem found in its services and identified by the Client through the established official means of communication. In situations of continued or intermittent unavailability of the iFlexi.com services over 72h annually, the Client gets the right to the reimbursement of the payed value corresponding to the period of unavailability. iFlexi.com also guarantees to make continuous efforts to ensure a maximum of reliability and security of its systems, as well as the continuous accessibility to the Client.
Limitations of Warranty
iFlexi.com guarantees access to the service by the Client at the maximum of its abilities, considering the complexity of the services and the involvement of other entities and companies providing services to iFlexi.com (for instance, electricity, bandwidth, etc). Because of that, iFlexi.com cannot, in any circumstance, be responsible or liable for the use or not of the service, nor for the partial or complete unavailability of the services, nor can iFlexi.com be responsible for any eventual material, physical, finantial or other damages suffered by the Client because of the use, although correct, of the iFlexi.com services.
The official Client Support contacts are pemanently published in the www.iflexi.pt website in the «Contacts» section and must be the only ones to be used by the Client. In situations that involve custom personal support, the Client will be informed, from the iFlexi.com official contacts, of the identification and contact details of the employee that will accompany the Client. For security reasons, the Client should never share informations with anyone that contacts them from any other contact besides the official ones. In the webhosting services that include technical support, iFlexi.com only provides support if, at the date of the support request, the customer’s service/files are hosted in iFlexi.com servers and the customer’s contract is active. Any support, commercial or technical, is only provided to a single caller designated by the customer, namely through the email on file associated with the customer.
All communications from iFlexi.com to the Client are made excusively through one of the following means: publication of news or information in iFlexi.com’s public website; publication of news or information in the customer area; email to the email address associated with the client’s record. In exceptional situations, contacts may be made by phone, post mail or other means, therefore being the exclusive responsibility of the client to keep their contact details updated, and to check iFlexi.com’s website and all communication means given to iFlexi.com, namely email, so for that we advise you to add the iflexi.com domain to your email’s «whitelist».
Use of the System
The Client is authorized to use indirectly and reasonably the resources of the iFlexi.com server where their service is hosted in order to publish the website, access files or to use the email service in a non abuse manner. It’s expressly forbidden and will be reason for immediate cancellation of the Client’s service any abusive use of the servers, the website or email, including but not limited to unauthorized mass mailings (spam mail), Denial-Of-Service attacks or other attacks to third-parties, or internal attacks/incursions to the iFlexi.com servers. Regarding email, each client is limited to sen a maximum of 100 email messages per hour and/or 50 receivers per message, in an accumulated maximum of 1000 receivers per day, even if they are legitimate and authorized subscribers. Any messages sent over that limit may not be delivered and could lead to the definitive cancellation of the service. For mass mailings, the client must subscribe to specific services dedicated to the sending of emails/newsletters, contracted with iFlexi.com or with third-parties.
Responsible Usage Policy
iFlexi.com makes every effort to provide the services with a maximum of quality and a minimum of interruptions. For that, and especially in web services (which are, except when stated otherwise, provided in hosting servers shared with other customers), it’s essential that the Client makes a responsible use of the resources attributed to them. Except when stated otherwise, web services provided by iFlexi.com are directed and adjusted for individual clients and small to medium sized companies which need services that require resources considered average in the market. For services considered of high performance and demand, by their access speed requirements, disk space, web traffic, processing or memory capacity, or other requirements, the Client must previously inform iFlexi.com to evaluate the adequacy of the services to the Client’s real needs. Therefore, iFlexi.com is not responsible for the unavailability of the services in case their use reaches or exceeds the resource limits attributed to the Client. Specifically, regarding web traffic associated with the hosting, cloud, etc, services, in the plans where the traffic is unlimited, the Client can transfer, in KB, in each calendar month, considering the sum of the uploads and the downloads, up to 100% do the total disk space included in their plan, without any speed or connections restrictions. Beyond that limit, both the transfer speed and the number of connections are reduced up to 90% until the end of the month in question, time after which the restrictions are lifted. Regarding disk space, if a Client reaches or exceeds the contracted limit, the Client can upgrade to a higher service plan by paying, in that billling cycle, only the difference between the cost of the old and the new plan, calculated at the time of the upgrade. If a Client exceeds in over 50% of the contracted disk space, its account will be automatically suspended, and the suspension can only be raised after the payed manual intervention of an iFlexi technician. Regarding the number of e-mail accounts, the number of databases, the number of subdomains and other features announced as provided in unlimited number, although those components may not be limited by themselves, they are subject to the same limitations of disk space and other resources of the whole account.
The contracted services are provided in accordance to the characteristics and functionalities described for each service/plan in the www.iflexi.pt website. In case the service/plan suffers any commercial or technical changes, such changes apply to future contracts and to current contracts renewals. In the exceptional cases where it’s necessary to change a service during the contractual period, the Client will be informed and will have the opportunity to revoke the contract, and will be reimbursed for the remaining period in which will not use the service. The Client must clarify with iFlexi.com any doubts about the services prior to their subscription, namely, regarding any aspect which may not be present in the technical description of the services in the www.iflexi.pt website. Contracting the services implies the acceptance that the services will be provided according to the publicized characteristics and that, in all absent aspects, iFlexi.com will decide on the best way to provide the services.
Domain Name Registrations
The domain name registration component of the services, both for domains included in the services and for domains registered in a complementary way, is subject to the acceptance of the Client of the specific conditions established by the registrars, which include Name.com (http://www.name.com) and DNS.pt (http://www.dns.pt), among others. By accepting iFlexi.com conditions, the Client agrees that equaly accepts the conditions of the chosen domain registrar. The Client understands and accepts that, between the moment of the payment of the service and the domain name registration, the domain may no longer be available for registration. In that situation, the payed amount will be credited in favor of the Client for use in the registration of a different domain name or for subscription of other iFlexi.com services.
Authorizations and Responsibilities
Whenever the Client asks iFlexi.com for technical support, both in the services hosted in Flexi.com servers, and in the Client’s own equipments, the Client is authorizing iFlexi.com and its technicians to access the Client’s services and data for the analysis and the resolution of the identified situations. That intervention may require changing configurations or data, or even its deletion (as an action or as a consequence). Therefore, by requiring technical support, the Client is authorizing iFlexi.com to perform those actions and exempts iFlexi.com from any responsibility in terms of service unavailability or data loss.
Copyright and Use Licenses
In projects with custom development, the source code created by iFlexi.com is its intellectual property, with permission for use by the Client. The Client is therefore not authorized to reuse the source code, created by iFlexi.com, in other projects and/or applications other than its own. In the case of projects that use source code created by third parties, the restrictions and rights of the original licenses for that software apply. In the case of projects originally associated with hosting on iFlexi.com servers, all extra modules developed by iFlexi.com and provided free of charge, may only be used while the project is hosted on iFlexi.com servers.
Validity of the Contract
This contract is valid the moment the Client subscribes and pays for any of the available services and will remain valid for the duration of the contracted period. The contract will be automatically renewed for identical periods, except if any of the parties informs the other party otherwise. For that, iFlexi.com will inform the Client with a 15 to 60 days notice of the duration and renewal conditions of the contract, allowing for the client to renew the service at any time before the expiration date, not having to necessarily wait for the expiration date. If the Client, by expiration date, does not express their interest in renewing the service or does not make the applicable payment, the service will be disabled by then. For the next 7 days after expiration date, the service can be reactivated after renovation payment, plus a reactivation tax of € 5 + taxes. If not reactivated within this period, the service will be uninstalled and a backup copy will be maintained for 30 days, period within which it can be reinstalled after the renovation payment, plus a reinstallation tax of € 29 + taxes. After this period, the service will be permanently deleted, its data and emails are permanently deleted, and the right to renew and own the domain names will be transferred to iFlexi.com. Note that there is no guarantee that the domain name will still be available for renewal/new registration after the service’s expiration date. The contract can be suspended or cancelled at any moment without any indemnity for the Client if the Client has any outstanding debts with iFlexi.com or its partners or providers for a period of over 7 days. In the case of services with creation of customized elements (design, programming, etc.), the cancellation of the contract implies the loss of the Client’s right to the materials produced, even partially. The Client understands and accepts that the contracted service will be provided in a customized, immediate and irrevocable way and, therefore, dispenses the reflexion period fixed in portuguese law for online commerce, as well as any reimbursement of any amount payed, for any reason not foreseen in the current contract. The Client can at any moment stop using the contracted services, not being owed any reimbursement for the services and/or periods not used.
IFlexi.com undertakes to develop the product of the contracted services within the indicated deadlines for each service, after the delivery of all material and content by the Customer.
The Customer must deliver to iFlexi.com all elements and materials necessary to provide the service within 30 days of contracting the service. Other additional elements and materials requested by iFlexi.com in order to be able to provide the contracted service, as well as decision making requested to the Customer, must be delivered by the Customer within 1 week. Any service contracted and not made possible by iFlexi.com due to lack of contact or delivery of materials or decisions by the Customer within 1 year, will result in the permanent termination of the contract and the loss of all rights of the Customer over any material produced by iFlexi.com, even partially, within the scope of this agreement, without prejudice to the Customer’s obligation to pay any outstanding debt arising from the contract.
Applicability and Reproduction of Content of this Agreement
The current contract is personal and O presente contrato é pessoal e non-transferable, is limited to individuals at least 18 years-old and/or organizations legally constituted, and the subscription of iFlexi.com services implies the Client’s acceptance of these conditions at the time of the subscription/renewal of the service. This contract will be irrevocable and none of the parties can transfer their position or give this contract or any of its rights or obligations as warranty. This contract and its clauses is the property of iFlexi.com and can’t be reproduced in part or in total by any means and with any purposes.
Dispute Resolution and Competent Forum
To the present contract is applicable the portuguese law. If any dispute shall arise regarding this contract, and provided that the complaining party notifies the other party in advance of the grounds for the complaint, the contracting parties shall seek to reach agreement through negotiation, conducted by high level representatives of both. The Court of the District of Lisbon, Portugal, shall be competent for the resolution of disputes not settled by negotiation, with both parties expressly renouncing any other court.
Rua da Escola do Exército, 5 – 1º Esq. – 1150-143 Lisboa – Portugal
Date of the latest update of these Terms and Conditions: January, 1st, 2020
Information for the Consumers
In case of dispute, the consumer can appeal to the following entity (Entidade de Resolução Alternativa de Litígios de Consumo):
Centro de Arbitragem de Conflitos de Consumo de Lisboa – Área Metropolitana de Lisboa
Rua dos Douradores, nº 116 – 2º – 1100 – 207 Lisboa
Tel: +351 218 807 000
E-mail: jurí[email protected]
You can also use the European Commission’s Online Dispute Resolution: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PT
Finally, you can also use the Electronic Complaint Book: www.livroreclamacoes.pt
More information on the Consumer Portal: www.consumidor.pt