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Terms of Service

Master Service Agreement — Last Updated 2026-07-30

$ cat msa.txt
TERMS OF SERVICE
Last Updated: July 30, 2026
These Terms of Service ("Terms", "Agreement") govern the contractual relationship between the Client (whether an individual or a legal entity, hereinafter "Client", "User") and the Service Provider registered in Portugal as a Self-Employed Professional (Trabalhador Independente), hereinafter "Contractor", "we", "us", or "our". These Terms apply to your access to and use of this website, as well as any remote information technology (IT) services and deliverables ordered via this website (collectively, the "Services").
By browsing this website, submitting an order, or ticking the "I agree to the Terms of Service" checkbox during the checkout process, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, please do not order any Services through this website.

1. SCOPE OF SERVICES
1.1. The Contractor provides remote IT consulting and technical services to clients globally. The available Services include:
    • Software and web application development, architecture design, and code optimization;
    • Linux and Windows server administration, deployment, maintenance, and monitoring;
    • DevOps engineering, infrastructure automation, and cloud infrastructure setup;
    • System migrations, data replication workflows, and disaster recovery planning;
    • Infrastructure configuration review, system log diagnostics, and technical troubleshooting;
    • Infrastructure security hardening (including firewall setup, access control management, and software updates);
    • Information security consulting and IT best practices advisory services.
1.2. Explicit Exclusions: The Services do not include offensive cybersecurity operations, active penetration testing (pentesting), vulnerability exploitation, red teaming, digital forensics, or any activities requiring specific regulatory legal or financial licensing. The Contractor reserves the right to decline any requested tasks that conflict with this restriction or applicable laws.

2. REMOTE SERVICE DELIVERY & CLIENT COOPERATION
2.1. Remote Provision: All Services are executed strictly in a remote format via electronic communication channels, remote desktop protocols, Secure Shell (SSH), or API access provided by the Client. The Contractor does not perform on-site visits.
2.2. Client Cooperation: The execution of the Services requires the active cooperation of the Client. The Client shall promptly provide the Contractor with accurate project requirements, operational approvals, valid infrastructure credentials, access rights, and necessary third-party software licenses. The Contractor is not liable for any project delays or failures caused by the Client's delay in providing such information or access.
2.3. Data Backups: The Client is solely responsible for maintaining comprehensive, independent, and verified backups of all source code, databases, configuration files, and critical data before the Contractor begins any work. Except in cases of proven gross negligence or willful misconduct, the Contractor is not liable for any data loss, data corruption, or costs related to data reconstruction or system downtime.

3. ORDERING PROCESS & CONTRACT FORMATION
3.1. Placing an Order: To order Services via the website, the Client must follow the online checkout workflow: select the desired Service package or consulting duration, complete the required information fields, and proceed to checkout.
3.2. Contract Formation: Before completing the payment, the Client must explicitly tick the checkbox affirming consent to these Terms of Service. This action establishes a valid, legally enforceable remote service contract between the Contractor and the Client under Portuguese Decree-Law no. 7/2004 (Lei do Comércio Eletrónico), without the need for a separate signed physical agreement.
3.3. Order Acceptance: A contract is considered finalized when the Contractor sends an order confirmation email to the Client or initiates the active performance of the requested Services. The Contractor reserves the right to reject any order before performance begins, in which case a full refund will be issued.

4. FEES, BILLING & CRYPTOCURRENCY PAYMENTS
4.1. Pricing and Taxes: All prices listed on the website are displayed in Euros (EUR) and are exclusive of applicable Value Added Tax (VAT / IVA), customs duties, or regional withholding taxes. VAT will be calculated and applied at checkout based on the Client's legal status (B2B vs. B2C) and geographic location, in accordance with European Union VAT rules and Portuguese tax law.
4.2. Payment Processing: Payments are handled securely through integrated third-party payment gateways (such as Stripe or PayPal). The Client complies with the terms and privacy policies of such third-party providers. The Contractor does not collect or store the Client’s raw credit card details.
4.3. Cryptocurrency Payments via Third-Party Providers:
    • The website may offer the option to settle invoices using digital assets (cryptocurrencies). This settlement is handled exclusively through an independent, licensed third-party crypto-payment gateway provider.
    • The Client acknowledges that cryptocurrency payments are automatically converted at the real-time spot market rate by the provider, resulting in a fixed payout to the Contractor in Euros (EUR).
    • Any additional blockchain network fees (gas fees), exchange spreads, or intermediary processing costs are the sole financial responsibility of the Client.
    • The licensed third-party crypto-payment gateway provider is solely responsible for compliance with Anti-Money Laundering (AML), Know Your Customer (KYC) regulations, and the verification of the origin of funds. The Contractor does not collect, verify, or assume liability for the regulatory screening of cryptocurrency transactions.

5. ACCEPTANCE OF SERVICES
5.1. Upon delivery of any specific service, software feature, configuration, or milestone, the Client shall promptly review the deliverables.
5.2. The Services and deliverables shall be deemed fully accepted by the Client upon the occurrence of either of the following events, whichever occurs first:
    • The Client does not report any material defects or non-compliance to the Contractor in writing within fourteen (14) calendar days after the deliverables have been made available; or
    • The Client uses, deploys, or integrates the deliverables, results, or software code in its regular business operations, production environments, or live commercial activities (acceptance by use).
5.3. Any requests submitted after acceptance under Section 5.2, including modifications, enhancements, or correction of defects not reported during the acceptance period, shall be treated as new tasks and billed at the regular rates of the Contractor.

6. SUPPORT, MAINTENANCE & SLA
6.1. Support & Maintenance: The scope of any specific order includes only the execution of the requested tasks. Continuous technical support, routine software updates, system maintenance, and post-delivery debugging are not included under these Terms and require a separate written agreement.
6.2. Operating Hours: Regular communications, updates, and best-effort support are handled strictly during the Contractor's ordinary hours of operation, defined as Monday through Friday, from 09:00 to 17:00 WET/WEST, excluding official public holidays in Portugal, unless otherwise agreed upon in writing.
6.3. Response Times (No SLA): Unless explicitly agreed upon in a separate Service Level Agreement (SLA) signed by both Parties, the Contractor does not guarantee specific response times, fixed resolution windows, or on-call availability. Communications and support requests are handled during regular business hours on a best-effort basis.

7. INTELLECTUAL PROPERTY & OPEN SOURCE COMPONENTS
7.1. Client Materials: The Client retains all pre-existing intellectual property rights and ownership over all software code, data, and digital materials supplied to the Contractor for the execution of the project.
7.2. Deliverables Ownership: Subject to receipt of full payment of the corresponding fees by the Contractor, ownership of custom scripts, code adjustments, and technical reports created specifically for the Client shall transfer to the Client.
7.3. Contractor Core IP: The Contractor retains exclusive ownership over all pre-existing tools, generic automation scripts, deployment templates, base configurations, libraries, and technical methodologies used or improved during the provision of the Services. The Contractor grants the Client a non-exclusive, worldwide, royalty-free, perpetual license to use such elements solely as integrated components of the final deliverables.
7.4. Open Source Components: The deliverables may integrate or rely on third-party open-source software packages or libraries. Such open-source components are governed strictly by their respective open-source licenses (e.g., MIT, Apache, GNU GPL). The Contractor is not liable for any restrictions, vulnerabilities, or breaking changes introduced by third-party open-source software.

8. DISCLAIMER & LIMITATION OF LIABILITY
8.1. Obligation of Means: The Contractor performs the Services with professional diligence. The Contractor's commitment constitutes an obligation of means (obrigação de meios), not an obligation of result (obrigação de resultado). The Contractor does not warrant that the Services or deliverables will be entirely error-free, uninterrupted, or compatible with all future third-party software releases.
8.2. No Security Infallibility: While the Contractor provides infrastructure security hardening and configuration reviews, the Client acknowledges that no network environment is entirely immune to cyber threats. The Contractor does not guarantee that the systems will be safe from all zero-day exploits, advanced persistent threats (APTs), or targeted cyberattacks.
8.3. Exclusion of Consequential Damages: Except in cases of proven gross negligence, willful misconduct, or personal injury, the Contractor is not liable to the Client for any indirect, incidental, or consequential damages. This exclusion covers loss of business profits, loss of data, system downtime, business interruption, or reputation damage arising out of the use of the Services.
8.4. Financial Liability Cap: To the maximum extent permitted by applicable Portuguese law, the maximum aggregate financial liability of the Contractor for any verified claims or breaches under these Terms shall be limited to the exact total amount paid by the Client to the Contractor for the specific service order that gave rise to the dispute.

9. CONFIDENTIALITY & DATA PROTECTION (GDPR)
9.1. Confidentiality: Both Parties agree to treat all business data, technical structures, credentials, source code, and internal communications shared during the performance of the Services as strictly confidential. Neither Party shall disclose such data to third parties without prior written consent.
9.2. GDPR Compliance: The Contractor operates in compliance with the European General Data Protection Regulation (GDPR) and the Portuguese Data Protection Law (Lei n.º 58/2019). The Contractor only processes personal data required for billing, client communication, and contract execution (such as name, address, tax ID, and email).
9.3. Data Incidental Access: If the performance of the Services involves incidental access to personal data managed by the Client, the Contractor acts as a Data Processor, and the Client acts as the Data Controller. Temporary system logs or configuration files containing operational information shall be securely destroyed within thirty (30) calendar days from project closure.

10. NO EMPLOYMENT OR PARTNERSHIP RELATIONSHIP
10.1. The Contractor performs the Services strictly as an independent contractor. Nothing in these Terms or any specific order shall be construed as creating an employment relationship, partnership, joint venture, or agency between the Contractor and the Client.
10.2. The Contractor retains full control over working schedules, technical methodology, and the selection of hardware tools, and remains solely responsible for all personal tax and social security obligations (Segurança Social) in Portugal.

11. CANCELLATION, REFUNDS & TERMINATION
11.1. B2B Orders: For legal entities and corporate orders, all sales are final upon the start of service execution. No right of withdrawal applies once engineering hours have been allocated to the project.
11.2. B2C Consumer Right of Withdrawal:
    • Pursuant to Portuguese consumer protection law (Decree-Law no. 24/2014), individual consumers residing within the EU have the right to withdraw from an online order within fourteen (14) calendar days without giving a reason.
    • Waiver: By scheduling immediate service execution or accessing live consultation hours, the consumer explicitly requests the immediate commencement of the Services and acknowledges that they forfeit their right of withdrawal once the Services have been fully performed by the Contractor.
    • If the consumer exercises the right of withdrawal while the service is partially executed, they shall pay the Contractor an amount proportional to the services provided up to the moment of cancellation.
11.3. Termination for Cause: Either Party may terminate an ongoing Service agreement immediately if the other Party commits a material breach of these Terms (such as non-payment by the Client or gross negligence by the Contractor) and fails to remedy such breach within seven (7) business days of written notice.

12. FORCE MAJEURE
12.1. Neither Party shall be held liable for any delay or failure to fulfill its obligations under this Agreement if such failure is caused by a Force Majeure event.
12.2. Force Majeure includes natural disasters, severe weather anomalies, pandemics, war, civil unrest, regional power grid failures, widespread fiber-optic internet backbone blackouts, upstream hosting provider outages, or emergency government regulations beyond the reasonable control of the affected Party.

13. NOTICES
13.1. All official notices, requests, approvals, or communications required under these Terms shall be sent in writing via electronic mail (email).
13.2. Notices to the Contractor must be sent to the email address indicated in the Service Provider Details below. Notices to the Client shall be sent to the email address provided during the ordering or registration process.
13.3. The Client is responsible for maintaining an active, valid, and regularly monitored email address. Any notice sent by the Contractor shall be deemed delivered and legally effective twenty-four (24) hours after transmission, provided no delivery failure notification is generated.

14. GOVERNING LAW AND DISPUTE RESOLUTION
14.1. Governing Law: These Terms of Service, their interpretation, and any contractual or non-contractual disputes arising from them shall be governed exclusively by the laws of the Republic of Portugal.
14.2. Amicable Settlement: In the event of any disagreement, the Parties commit to attempting to resolve the conflict through direct, good-faith negotiations within thirty (30) calendar days from the initial written notification of the dispute.
14.3. Jurisdiction: If an amicable settlement cannot be reached, all disputes shall be submitted to the exclusive jurisdiction of the competent courts of Portugal, unless mandatory consumer protection regulations dictate a different local jurisdiction for individual EU consumers.
14.4. Alternative Consumer Dispute Resolution (ADR): In compliance with Article 18 of Portuguese Law no. 144/2015, individual consumers are informed that they may submit consumer complaints to official Portuguese consumer arbitration centers, such as the Centro de Arbitragem de Conflitos de Consumo de Lisboa
MASTER SERVICE AGREEMENTmsa.txt