Política de cancelación
This instrument regulates the agreement established between Rascunho Diligente Ltda – hereinafter AUGE Agency, a company with CPF number 515441295, headquartered at Rua Dr. José Carlos Pereira de Carvalho, Nº 237, R/Chão 3220-203 Miranda do Corvo, and the End Customer who subscribes to one of the technical assistance plans made available by AUGE Agency, whose start date is determined by the schedule to be defined by both parties, based on the objectives and needs identified and the subscribed plan, who, by this act, fully and without reservations accepts the terms and conditions established in this agreement, by which he/she subscribes to the technical assistance plan.
1. Definitions The parties agree that the terms indicated below will have, for the purposes of this agreement, exclusively the meanings transcribed below: a) Technical Assistance Plan: monthly fee that operates through a subscription plan and which concerns technical support, by AUGE Agency, in relation to the client's needs and objectives, in relation to their Shopify online store. The technical assistance plans provided by AUGE Agency are subdivided into three types – Basic, AUGE and Scaler, each of which includes different workloads and services, presented in the item of this policy;
b) End Customer: The holder of the assistance plan and beneficiary of the provision of services associated therewith, under the terms regulated by this agreement;
c) Effective date: Date of approval of the schedule established in a meeting by means of an agreement, on which the validity of this agreement, its amendments and the renewals of its validity period begin;
d) Shopify partner access: Access to the customer's Shopify store granted through the platform's partner program, of which Agência AUGE is a part. This access is a fundamental part of the work to be carried out, so that until it is granted, the start of the work cannot be considered approved.
2. Object 1- The object of this agreement is the provision by AUGE Agency to the End Customer of technical assistance for the online store in Shopify, the specifications of which result from the chosen plan and an initial agreement resulting from a meeting to be held after signing the technical assistance plan. The plans include: a) AUGE: 12h/month bank, in which half of the hours not used in the month are carried over to the next month and these hours cannot be carried over again; store performance analysis with proposed improvements and monthly implementation; implementing new Shopify features as they are released; implementation of new legal requirements; monthly backup of orders, products and store; execution of requested tasks such as error corrections in the store, integration with applications, implementation of new tools, design or programming changes, copy changes, creation of new pages, definition or corrections of markets, insertion of products;
b) Scaler: 6h/month bank, in which half of the hours not used in the month are carried over to the following month and these hours cannot be carried over again; store performance analysis with proposed improvements and quarterly implementation; implementing new Shopify features as they are released; implementation of new legal requirements; monthly backup of orders, products and store; execution of requested tasks such as error corrections in the store, integrations with applications, implementation of new tools, design or programming changes, copy changes, creation of new pages, definition or corrections of markets, insertion of products.
c) Basic: 3h/month bank, in which half of the hours not used in the month are carried over to the following month and these hours cannot be carried over again; execution of requested tasks such as error corrections in the store, integrations with apps, implementation of new tools, design or programming changes, copy changes, creation of new pages, definition or corrections of markets, insertion of products.
2- The technical assistance service requires a subscription for a minimum period of 3 months and the average execution time for the requested tasks varies from 1 to 3 working days.
3. Scope of the subscription and term 1- Technical assistance is granted by AUGE Agency to the End Customer for a minimum period of 3 months, counted from the effective date, as chosen by the End Customer when subscribing, a term that will be renewed automatically and successively for equal periods of time, unless this agreement is terminated by either party by canceling the subscription made online directly on the AUGE Agency website.
2- The technical assistance plan is non-transferable and grants the End Customer the right to benefit from the provision of the services associated with it, which are the object of this agreement.
4. Subscription, acceptance and modification of subscription terms 1- Subscription to AUGE Agency assistance plans, as well as subsequent changes to them, are carried out directly on the AUGE Agency website, in the customer area.
2- By formalizing the subscription to any technical assistance plan, the End Customer expressly accepts the terms of this agreement or its subsequent amendments, which is why it must be carefully read by the End Customer, considering both parties that the subscription or its subsequent amendments are completed on the AUGE Agency website, in the customer area, and that the act of subscription includes the said full and unreserved acceptance of the terms of this agreement by the End Customer.
3- This agreement is perfect and legally valid, fully and will come into effect with the purchase of an assistance plan, the holding of a briefing meeting, scheduling and granting of Shopify partner access.
4- The addition of new services or changes to plans to this agreement depends on the completion of a formality identical to that referred to in the previous numbers of this clause, with the necessary adaptations.
5- If the number of hours or services no longer corresponds to the contracted dimension, namely exceeding them, AUGE Agency will inform the End Client via email, budgeting the additional amount to be charged for the extra hours or services, which will only be applied upon agreement by the End Client. If the client does not agree with the suggested values, AUGE Agency reserves the right to refuse to provide the service or hours that go beyond those contracted.
5. External Applications
1- If, under the technical support plan, it is necessary to install any external application in the End Customer's Shopify store, and if this installation requires, together with the application, the subscription to a paid plan, AUGE Agency will inform the Customer of these conditions and it will be up to the Customer to decide whether or not to proceed with the subscription.
2 – The use of any external application is subject to the conditions and guarantees agreed between the End Customer and the supplier of that application, therefore AUGE Agency does not assume any responsibility or guarantee, nor can it be held liable by the End Customer for any error, data destruction or system downtime generated by external applications.
6. Confidentiality and Secrecy
1- In the execution of this agreement, AUGE Agency undertakes to maintain strict secrecy and confidentiality regarding the confidential information of the End Customer to which it may have access, with the parties agreeing that all information contained in the online store and databases of the End Customer to which AUGE Agency may have access will be considered confidential for the purposes of this agreement.
2- The End Customer authorizes AUGE Agency to obtain, through partner access to the online store, statistical information on the use of the system, in order to analyze improvements to be made, performance optimizations, errors to be corrected or to produce global information, with full and strict application of the provisions of number one of this clause regarding the duty of secrecy and confidentiality, whereby AUGE Agency expressly guarantees to the End Customer that its origin or any data that allows the identification of the End Customer will not be revealed to third parties under any circumstances.
7. Protection of Personal Data
1- In the context of the execution of this agreement, the parties mutually undertake, where applicable, to scrupulously comply with the legislation in force regarding the protection of personal data, which also refers, under the terms of the law, exclusively to natural persons.
2- The personal data related to this agreement will be collected and processed by AUGE Agency exclusively for the purposes of preparing, formalizing and executing this contractual relationship.
3- All other uses of the aforementioned personal data will be subject to the form of consent by the End Customer that the current law specifically requires.
5- AUGE Agency permanently guarantees the End Customer the full exercise of the rights granted to them by the current legislation on the protection of personal data.
8. Price 1- The price to be paid by the End Customer is that set out in the price list and sales conditions in force on the date of each invoice, and is available for consultation on the AUGE Agency website – www.augeagency.pt.
2- Payment of the agreed price is made directly to AUGE Agency, by means of an electronic invoice and through the electronic payment methods available on the AUGE Agency website, with no other form of payment being accepted.
3- The price of the services subscribed to by the End Customer on the AUGE Agency website will be debited monthly according to the selected plan using the data provided by the Customer using the available electronic payment methods.
9. Guarantees 1- The AUGE Agency guarantees to the End Customer that the service plan will be fulfilled and the services, resources or functions approved by agreement will be executed or implemented.
2- If an error is found to be the responsibility of AUGE Agency, AUGE Agency guarantees that it will make every effort to ensure that it is resolved as quickly as possible.
3- AUGE Agency does not guarantee that the features or applications implemented during the technical assistance plan will remain operational or functional in the future, as the Shopify platform is constantly developing and subject to innovation, which may make some features or applications out of date.
4- The End Customer expressly declares to exempt AUGE Agency, after the effective date, from any liability for damages or losses arising to its economic activity from any intervention carried out by AUGE Agency at the customer's request.
5 – Technical assistance does not exempt the End Customer from fulfilling their legal, fiscal and parafiscal obligations.
10. Suspension and termination of validity
1- The validity of this agreement shall be automatically suspended if the End Customer is in arrears for more than 15 (fifteen) days in relation to the due date for payment of the agreed price.
2- In the event of suspension of the validity of this agreement, the End Customer shall restart the assistance plan within 5 (five) days after the date on which payment of the agreed price is fully regularized.
3- The validity of this agreement shall cease, without prejudice to the application of the general rules of law relating to the resolution, termination and expiry of contracts, as well as the provisions of clause twenty of this agreement, if the End Customer breaches his/her obligations arising therefrom, in which case technical assistance shall be refused.
4- If non-compliance results in non-payment of the agreed price, the validity of this agreement shall automatically cease 90 (ninety) days after the beginning of the delay.
5- Upon termination of this agreement, the technical assistance agreement shall be terminated immediately and without any further formality, without prejudice to the provisions of the following paragraphs.
6- If the End Customer terminates, in any way, the technical assistance plan before the end of the current contractual term, he/she shall remain obliged to pay the full agreed price until said term.
11. Non-compliance
1- Failure to comply with the obligations arising from this agreement shall grant the other party, under the general terms of applicable law, the right to terminate the agreement, as well as to be compensated for any damages resulting from this fact.
2- Failure by the End Customer to comply with its contractual obligations, with the exception of those relating to the payment of the stipulated price, specifically governed by the provisions of clause eleven, implies the automatic termination of the validity of this agreement, with the inherent and immediate deprivation of the right to technical assistance, without prejudice to any civil and criminal liability under the terms of the provisions of current Law.
12. Content and fullness of this agreement 1- This agreement constitutes the sole source of the legal relationship established between AUGE Agency and the End Client, prevailing over that regulated in any other document or communication issued by the parties.
13. Communications 1- Communications between the parties regarding the execution of this agreement will be carried out preferably by email, notably the indication by the Client regarding the tasks to be carried out by the AUGE Agency.
2- For faster and more urgent communication purposes, a WhatsApp group is created that either party can use to quickly communicate urgent interventions or corrections.
3- The Customer has access to an online timer where they can directly monitor the evolution of the number of hours used from the contracted fee.
14. Law and jurisdiction 1- This agreement is governed by the law in force in Portugal.
2- To resolve any issues arising from the interpretation or execution of this agreement, the parties designate the jurisdiction of the District of Lisbon as competent, expressly waiving any other.