The Terms and Conditions of Service, hereinafter referred to as TCS or Terms, establish the terms on which the Phorland Service is provided by the provider, identified below, and define the rules for the participation of entities registered in this service as users of the services provided by the provider through the electronic sites with the address " phorland.pt , phorland.com , phorland.com.pt " or with domain of the finished address with " phorland.pt ".
If in doubt about the interpretation of these TCS, do not hesitate to contact us by sending an email to [email protected] or by submitting a request for clarification via our contact form Contact form.
This document contains the contractual conditions under which the Phosphorland Lda., hereinafter referred to as Phosphorland, grants the buyer a license to use the phorland platform owned by them, hereinafter referred to as " Software " or phorland and provides the provision of support and maintenance services for the same platform, hereinafter referred to in its "Licensing and Services", under the terms resulting from the provisions of the following numbers. Licensing and Services are intended for natural or legal persons who carry out a commercial, business or professional activity and who intend to use Licensing and Services for professional purposes, within the scope of these same activities, hereinafter referred to as "Client".
The title of Software , manuals and any other material whose use is made available under Licensing and Services (hereinafter " Software and Materials") belongs to Phosphorland, being expressly established that all intellectual property rights in Software and Materials remain in the exclusive sphere of Phosphorland , with no transfer of these rights in favor of the Client. THE Phosphorland grants the Client, non-exclusive and non-transferable demonstration access to use the Software . The access and use of the Software are made available and done remotely, through the Internet network, and the Client is not allowed to obtain an executable version of the Software .
The granting of this license only comprises the Software which is owned by PhosphorlandIn the case of the availability of Phosporlands Software with third-party Software , which can be executed independently or in combination, this will be made available to the Customer under a license agreement to be granted within of right obtained by Phosphorland for its distribution or to enable the Customer to use such Software , whose terms and conditions of use will be made known to the Customer for information and acceptance, prior to use.
This Licensing and Services starts on the date of completion of the Customers registration as stipulated in the first paragraph of point 2 and remains in force for the term of the support and maintenance service subscribed by the Customer with the Phosphorland, pursuant to paragraph 2 D. The conditions applicable to Licensing and Services may be changed or revised by Phosphorland for each new monthly / annual / biannual period that is applicable, by automatic renewal or new subscription by the Customer. In these terms, except when expressly stated otherwise, any changes or revisions made by Phosphorland pending a contractual term that is in progress, it will apply, for the future, from the date on which the renewal of the term of the subscription of Licensing and Services occurs.
To access Licensing and Services, Customer must register as a user of the Software with the Phosphorland, and for that purpose, complete the online registration process available at phorland.pt. Before proceeding with registration, the Client must carefully read this clause as well as all information on the conditions contained therein which is made available by Phosphorland on Licensing and Services, within the scope of the registration process, and may request clarifications that it deems necessary for its proper and effective understanding, with the Phosphorland . The Licensing and Services agreement, which is governed by these conditions, is considered to have been concluded with the conclusion of the registration by the Customer, whereby the Customer expresses its express acceptance of these conditions. The Customer is authorized to use the Software , according to the duly registered identification data, so any update or change of data must be made by the Customer, as soon as it takes place, according to the update or change procedure. online data provided by Phosphorland in phorland.pt, for this effect. In the event that the registration is signed by a representative of the Client without the necessary powers of representation, he is personally obliged by the present TCS, in case the Client calls into question his binding due to insufficient powers of the representative, in this case being understood for all legal and contractual effects, that the references to the Client respect the subscriber (s), without prejudice to the right that, in this case, is conferred to the Phosphorland terminate the contract, with immediate effect. The Client is solely responsible for the veracity, completeness and legality of the data provided to the
To access Licensing and Services, Customer must register as a user of the Software with the Phosphorland, and for that purpose, complete the online registration process available at phorland.pt. Before proceeding with registration, the Client must carefully read this clause as well as all information on the conditions contained therein which is made available by Phosphorland on Licensing and Services, within the scope of the registration process, and may request clarifications that it deems necessary for its proper and effective understanding, with the Phosphorland . The Licensing and Services agreement, which is governed by these conditions, is considered to have been concluded with the conclusion of the registration by the Customer, whereby the Customer expresses its express acceptance of these conditions. The Customer is authorized to use the Software , according to the duly registered identification data, so any update or change of data must be made by the Customer, as soon as it takes place, according to the update or change procedure. online data provided by Phosphorland in phorland.pt, for this effect. In the event that the registration is signed by a representative of the Client without the necessary powers of representation, he is personally obliged by the present TCS, in case the Client calls into question his binding due to insufficient powers of the representative, in this case being understood for all legal and contractual effects, that the references to the Client respect the subscriber (s), without prejudice to the right that, in this case, is conferred to the Phosphorland terminate the contract, with immediate effect. The Client is solely responsible for the veracity, completeness and legality of the data provided to the Phosphorland. Access to the Software will be done by assigning a user name ( Username ) and a password ( Password ) defined by the Customer in accordance with with the general parameters set by the Phosphorland. The Client is solely responsible for its safekeeping and good use, declining the Phosphorland any responsibility for misuse or loss of password.
The Customer expressly accepts that the notifications to be made by Phosphorland under this contract are made electronically to the email address indicated by the Client in the register. These can also be done internally, through the notification system, being available for consultation at any time by the customer.
Licensing and Services will be made available for the contracted period (monthly, annual, biannual periods for paid versions and lifetime for free versions), counting from the users registration date. After the contracted period has elapsed, the Licensing and Services agreement will remain in force for periods of one (1) month, three (3) months, six (6) months, 1 (one) year or 2 ( two) years, according to the current offer and depending on the option chosen by the Client, automatically and successively renewable for equal periods, with the Client being obliged to pay, at the beginning of each new monthly, annual or biannual period if this has been the Clients option of the monthly, annual or biannual agreement (remuneration), respectively, due for the Licensing and Service you have subscribed to, in accordance with the applicable and current prices.
Either party may prevent the automatic renewal of this agreement to make Licensing and Services available upon notification from the other Party of its willingness not to renew Licensing and Services made at least thirty (30) days in advance of the expiration date of the period of validity of any extensions. Customers notification to the Phosphorland to prevent the renewal of the Licensing and Services term, it must be sent to the email address [email protected] and notification of Phosphorland to the Client for the same purpose should be sent to the email address provided in the registration or any other address that has been provided by the Client in the meantime. Phosphorland.
Whenever the TCS established in this document have been subject to change, under the terms indicated in 2 A, the changed conditions will apply immediately after the change. Phosphorland notify the Customer that the TCS have been subject to review or change by sending a communication to the email address provided in the register or another that has meanwhile been made available by the Customer to Phosphorland and / or by internal message - through the application - the Customer is responsible for consulting the Service Terms and Conditions updated at phorland.pt.
In case of non-renewal of the Licensing and Services at the end of the term of any extensions (monthly, quarterly, semiannual, annual or biannual), access to the Software and the availability of the Service will automatically and unnecessarily cease gives Phosphorland proceed with any prior notice, leaving the Client, from that moment on, to have access to both the Software and the information stored therein, without prejudice to the provisions of point 6.
A Phosphorland you may also suspend the provision of access to Software and Services in the event of a delay or failure to pay for Licensing and Services, Technical Support and / or Training by the Customer.
The prices to be applied will be those in force at the time of each renewal, to which are added any taxes that apply to them, under the legal terms. The current prices can be consulted in our store, 4Store, or made available through a request for quotation through the contact forms in Phosphorland or Phorland. Payment for Licensing and Services is due in advance and must be paid by the Customer within five days of the renewal date, using the means provided by Phosphorland. If the Customer chooses the Direct Debit method, he also expressly authorizes the debit in the bank account indicated to the Phosphorland, of the costs arising from this contract that may be applicable under the price list in force at each moment.
The Client agrees that all documents issued in relation to the provision of the service are sent to the email that was previously provided, with responsibility for updating it.
Training on the operation of each module can be given, at the clients request, in person or remotely.
For both situations, by accepting the Terms and Conditions, the Customer is accepting that the order for these services be billed in advance and that the respective document for settlement be sent to his email.
The Client is prohibited from proceeding with any reproduction, permanent or transitory, by any process or form, of all or part of the Software , even for purely personal use. The Client is also forbidden to carry out the translation, adaptation, arrangement or any transformation of the Software , as well as any reproduction of a program derived therefrom, and is also prohibited from proceeding with any form of dissemination of the Software or its communication to the public, including its rental or any assignment of its use to third parties. These prohibitions apply both to Software , as well as to the respective technical documentation and any Materials. Any of the indicated acts, or others of a similar nature, performed without express authorization in writing by the Phosphorland, constitutes an infringement of Phosphorland on Software and Materials and may constitute a criminal offense foreseen and punished, namely, under the terms of the Cybercrime Law approved by Law No. 109/2009 of 15 September.
During the term of the Licensing and Services, subject to the payment of the price being duly regularized, the Phosphorland will make available to the Client, for the exclusive benefit of the Client, the provision of the following maintenance and technical support services.
Technical support (includes explanation of features - equivalent to training) may be subject to a cost proportional to the time spent in solving / explaining it, according to the price list in force. The Customer, by accepting the Terms and Conditions, is accepting the billing for these services provided and sending the respective document to your email.
A Phosphorland will develop activity to adapt the Software due to legal changes to the Portuguese tax rules that are mandatory, in order to adjust the functionalities of the Software to the requirements arising from the tax regime in force. Updates resulting from the maintenance services provided will be made available automatically by Phosphorland with Software according to the Software evolution schedule that Phosphorland established at any time, it is not necessary for the Customer to request any intervention to have access to the updated Software as it becomes available, by Phosphorland.
A Phosphorland will provide a technical support service to provide support and respond to requests for clarification regarding the operation and operation of the Software . To this end, the Phosphorland will provide the Customer with a telephone number and an e-mail address through which the Customer may direct his inquiries. The technical support service will operate during the Customer service hours of the Phosphorland in Portugal (which is currently from Monday to Friday from 9:00 am to 1:00 pm and from 2:00 pm to 7:00 pm, except national holidays in Portugal). THE Phosphorland reserves the right to modify the customer service hours, providing information on the schedules in force, at any time, in phorland.pt.
The Software is not designed to satisfy the Customers particular needs, but rather to fulfill a general purpose, and no guarantee is given that the programs functionalities are those that in the Customers opinion should operate, nor of that the Software is suitable for any purpose or to satisfy any particular needs of the same. The provision of Licensing and Services does not cover any guarantee that the Software will function without interruption or that it is free from any error.
A Phosphorland proceed with the interventions in the Software aimed at solving errors or incidents that affect its normal functioning, and the resolution can only be carried out within the scope of the Software updates implemented by Phosphorland (new updates or versions of the Software ) according to the Software evolution schedule that the Phosphorland defined, at each moment.
A Phosphorland will be committed to providing the services that integrate Licensing and Service with the greatest diligence, acting in accordance with the practices generally adopted in the sector. THEPhosphorland cannot be held responsible for any changes or quantity or adjustment of data that may occur in the Customers information systems, or for any damages that may arise from the regular provision of Licensing and Services subject to this agreement.
A Phosphorland also not be liable for any warranty provided by third parties, including distributors designated by Phosphorland, unless it is a guarantee expressly provided by the company itself Phosphorland.
The Software is intended to be used by professionals who are responsible for interpreting the data, calculations and results provided by the use of the Software , and cannot Phosphorland be liable for any loss resulting from the use or lack of use of the Software , including interruptions in operation, data loss, economic loss or loss of profits, or for any damages resulting from the unavailability or inability to use the < i> Software whose usage management is the responsibility of the Client. In cases where the Customer has access to Software marketed by Phosphorland that allows the synchronization of the Software with information stored and processed by another application, the Phosphorland cannot be held responsible for the consequences that any data synchronization failures may cause.
Without prejudice to the limitations resulting from the above, the responsibility of the Phosphorland for any damages arising from the breach of this contract attributable to you under the terms of the law is limited to the amounts you have received from the Client for payment of the Licensing and Services.
A Phosphorland seeks that access to Software is available on an ongoing basis, but cannot guarantee that access is permanently available. Access to the Software may not be available, namely, for reasons beyond the control of Phosphorland, for suspensions or interruptions in access or communication networks or in the availability of the services that underlie them, for maintenance tasks or due to interventions to resolve errors or incidents. Whenever possible, the Phosphorland will make the suspensions or interruptions as short as possible and will disclose prior information in case of scheduled or previously known interventions, but cannot be held responsible for the impossibility of accessing the Software due to failures or unavailability of access < i> Web .
A Phosphorland uses Cookies to personalize and facilitate the users navigation through their websites ( Websites ) as much as possible. Cookies are only associated with an anonymous user and his computer and do not provide references that allow the users personal data to be deduced. The user can configure his browser to notify and reject the installation of Cookies sent by Phosphorland, although this circumstance may affect the normal functioning of the Software .
For further clarification, please read the Cookies Policy.
In the provision of services that integrate Licensing and Services, the Phosphorland may have access to personal data included in files for which the Customer is responsible for the processing, both in the scope of the accommodation and in the treatment resulting from the use of the Software as well as in the provision of the technical support service , which can include remote access. THE Phosphorland will not carry out any processing operations of this data on its own account or outside the scope of the instructions for processing that result from the contracting, by the Client, of Licensing and Services, not proceeding, namely, the incorporation of any eventual personal data that may be included in the Customers files in their information systems. As data controller, these data will not be used for any other purpose. Without prejudice to the exclusion of liability for data loss provided for in clauses 4.1 and 4.2, the Phosphorland will implement measures aimed at protecting the personal data that may be contained in the Clients files against accidental or unlawful destruction, accidental loss, alteration, unauthorized dissemination or access and against other forms of unlawful treatment, also taking steps with the entities that may come to subcontract for the provision of data access or hosting services by implementing equal security measures. THE Phosphorland and the Client must comply with the provisions on the protection of personal data, namely the regime provided for in Law No. 67/98 of 26 October (Law on the Protection of Personal Data) to the extent that it is, respectively, applicable. The data incorporated by the Client in the Phorland application will be kept for the duration of the Licensing and Service, and will be blocked with the termination of the Licensing and Services, being kept by Phosphorland during a period of 30 days counting from that termination, in order to allow its recovery, within that period and at the request of the Client. Within thirty (30) days following the termination, for any reason, of the Licensing and Service, the Customer may request the Phosphorland data recovery that you have incorporated into the application Phosphorland . After such period has elapsed without the Client requesting data recovery or once the data has been made available to the Client, they will be destroyed by Phosphorland.
In accordance with article 4 of Decree-Law no. 7/2004, this contract is considered to be concluded in the place of the domicile of the Phosphorland . This contract and any dispute arising from its interpretation or application are governed by Portuguese law. The Portuguese Courts will be the only ones competent to resolve any question regarding the interpretation or execution of this document. For the resolution of any dispute arising from this document, the Phosphorland and the Client will submit to the exclusive jurisdiction of the materially competent court of Braga. THE Phosphorland reserves the right to bring possible legal actions in the courts of the place of domicile or place of residence of the Client which for this purpose will also be competent.
