Terms and Conditions

1. Identity and scope

WebCastelo is the trading name under which web and software development services are provided from Portugal to Portuguese and international clients. The legal identity of the provider, its registration details and tax identification number appear in the company identification presented on this page and on the invoices issued.

These terms apply to websites, online stores, booking platforms, web applications, custom software, SEO, advertising support, artificial intelligence and automation features, WebCastelo Care maintenance, support and other recurring services.

This document is contractual information and does not constitute legal advice. We do not represent that it has been reviewed or approved by a lawyer.

2. Definitions

• WebCastelo: the provider of the services, identified on this page.
• Client: the natural or legal person who accepts a proposal or orders a service.
• Proposal: the commercial document describing scope, price, timeline and specific payment terms.
• Contract: the accepted proposal, together with these terms.
• Services: all project work, deliverables, licences, subscriptions and recurring services provided by WebCastelo.
• Deliverables: the client-specific results delivered under a contract.
• Third parties: independent suppliers used in the provision of services, such as hosting, domain registration, payment providers, advertising platforms, email providers, analytics services and artificial intelligence model providers.
• Care: WebCastelo's recurring maintenance and support plans.

3. Applicability of these terms

These terms apply to all proposals, contracts and services, unless otherwise agreed in writing. The client's own general purchase conditions apply only if WebCastelo expressly accepts them in writing.

In the event of a conflict between documents, the accepted proposal prevails as regards scope, price and payment schedule, and these terms prevail as regards all other matters.

If any clause is held invalid, the remaining clauses remain in force and the invalid clause is replaced by a valid provision with equivalent economic effect.

4. Quotes and proposals

Quotes and proposals are prepared on the basis of the information provided by the client. Unless stated otherwise, a proposal is valid for thirty days from its date of issue.

Prices shown on the website and in commercial materials are starting points and do not constitute a binding offer. Online stores, booking platforms, web applications and custom software are quoted on a per-project basis.

Obvious clerical or calculation errors in a proposal or invoice do not bind WebCastelo.

5. Formation of the contract

The contract is formed when the client accepts the proposal electronically, confirms in writing, or makes the agreed initial payment, whichever occurs first.

Electronic acceptance through the client portal or a proposal link has the same value as a written signature. The record of that acceptance, including date, time and user identification, serves as proof that the contract was concluded.

6. Scope of work

The scope is that described in the accepted proposal. Features, pages, integrations, languages, content migrations and services not described are not part of the scope.

When a requirement only becomes clear during development, WebCastelo indicates whether it is covered by the scope or constitutes additional work, before carrying it out.

7. Client responsibilities

A project moves at the pace of collaboration. The client undertakes to:

• designate a point of contact with decision-making authority;
• provide content, access and information required in a timely manner;
• respond to approval requests within the agreed timeframes;
• ensure that legal requirements applicable to its activity are communicated to WebCastelo;
• keep securely any credentials provided to it;
• verify prices, texts, sale conditions and product information before publication.

8. Content and materials provided by the client

The client is responsible for the legality, accuracy and adequacy of all material it provides, including texts, photographs, videos, logos, trademarks, product information, prices, commercial claims, privacy information, customer databases, contact lists and tracking permissions.

The client warrants that it holds all rights and authorisations necessary to use that material and to make it available to WebCastelo.

To the extent permitted by applicable law, WebCastelo is not liable for infringements of copyright, trademark or privacy rights arising exclusively from unlawful material provided by the client.

9. Planning and timelines

The dates indicated are planning estimates and not essential deadlines, unless the proposal expressly qualifies them as such in writing.

Planning assumes that the client delivers content, access and approvals at the agreed times.

10. Delays attributable to the client

If the client fails to provide content, access, decisions or approvals within the agreed timeframe, delivery deadlines are shifted proportionally and WebCastelo may reschedule the project according to team availability.

When a project is stalled for a reason attributable to the client for more than thirty days, WebCastelo may invoice the work already carried out and resume the project when new availability exists.

11. Changes and additional work

Changes to the scope are recorded in writing, indicating the impact on price and timeline, and are only carried out once approved.

Urgent requests outside the agreed scope may be carried out at the client's request and invoiced at the rates in force.

12. Prices

Prices are shown in euros and, where applicable, plus VAT at the legal rate in force. The proposal indicates whether the price is fixed, per phase or based on time spent.

Recurring services, such as Care, managed hosting and subscriptions, are invoiced according to the frequency indicated in the proposal.

13. Payments, initial payment and phases

The accepted proposal always determines the payment schedule applicable to the specific project. The usual structures are as follows:

• websites, online stores and booking platforms: an initial payment at the start and the remainder before going live;
• web applications and custom software: phased payments, linked to development milestones;
• recurring services, such as Care and managed services: periodic invoicing from the agreed activation date.

14. Invoicing and payment terms

Invoices are issued electronically and made available by email and through the client portal. Unless stated otherwise on the invoice or in the proposal, the payment term is fourteen days from the date of issue.

Complaints about an invoice must be raised in writing within the payment term. A complaint does not suspend the obligation to pay the undisputed amounts.

15. Late payment

Once the payment term has expired without the amount having been received, the client is in default and late payment interest becomes due at the legal rate applicable to commercial transactions, together with reasonable recovery costs permitted by law.

Payments are applied first to costs and interest and only thereafter to the outstanding principal.

16. Suspension for non-payment

Where amounts are due and unpaid, WebCastelo may, after written notice and a reasonable period to remedy the situation, suspend the services under its management, to the extent technically and legally permissible. Suspension may cover, depending on the case:

• hosting and website availability;
• access to the client portal;
• maintenance and support;
• access to software and web applications managed by WebCastelo;
• managed integrations and automations;
• development work in progress and publishing services;
• other recurring services controlled by WebCastelo.

17. Effects of suspension

Suspension is a temporary credit protection measure and is not the deletion of the client's work. The following rules apply:

• suspension does not cancel or reduce outstanding invoices and amounts due remain payable;
• project deadlines are shifted by the period during which work was suspended;
• WebCastelo is not obliged to continue carrying out unpaid work;
• reasonable reactivation and administrative costs may be charged, where provided for in the contract;
• deletion of data, where ever applicable, follows the contract, the retention periods and applicable law, and never occurs immediately because of an overdue invoice.

18. Reactivation

Services are restored once the outstanding amounts and any agreed reactivation costs have been received. Reinstatement is carried out as promptly as possible, within technical and team availability.

For services managed by WebCastelo, suspension and permanent deletion are distinct situations. Permanent deletion only occurs after the contract has ended and the applicable retention periods have elapsed.

19. Third-party costs

Licences, subscriptions, fonts, images, modules, mapping services, messaging services, artificial intelligence credits, domain registration and similar services are third-party costs. They are invoiced separately, unless the proposal expressly includes them.

Price changes imposed by third parties may be passed on, with reasonable prior notice.

20. Hosting, domains and email

Where WebCastelo handles hosting, the technical limits of the contracted plan apply. Hosting is provided through professional infrastructure providers and is subject to those providers' terms.

Domain names are registered with registrars, in the client's name whenever possible. The rules of the registry authority apply, including renewal and recovery periods.

Email services depend on the provider chosen and correct DNS configuration. Deliverability depends on external factors, such as spam filters and domain reputation, which are not under WebCastelo's control.

21. Software, applications and integrations

Web applications and custom software are developed in accordance with the approved requirements. Unless agreed in writing, error-free operation is not guaranteed.

Integrations with third-party platforms and APIs depend on the availability, rules and versions of those platforms. Changes introduced by the third party may require additional, chargeable work.

22. Payment providers

Where a payment provider, such as Stripe, is integrated, the contractual payment relationship exists between the client and that provider. Account acceptance, identity verification, risk rules, reserve of funds and fees are determined by the provider.

WebCastelo integrates and configures the service but does not decide on approval, suspension or closure of accounts by the provider.

23. Artificial intelligence and automation

Artificial intelligence and automation features produce probabilistic outputs. The client is responsible for reviewing generated content before publishing it or using it in communications with third parties.

WebCastelo does not guarantee the accuracy of generated outputs, nor the continuity, price or policies of the model providers used.

24. SEO, advertising and analytics

SEO, advertising support and conversion optimisation services improve the conditions and opportunities of an online business. They are not sold as a guarantee of rankings, traffic, leads or revenue.

Search engines and advertising platforms change algorithms, policies and formats without notice. Advertising accounts may be reviewed or suspended by the platform itself.

Analytics is only activated in accordance with visitors' consent preferences. Differences between measurement tools are normal and do not constitute a defect.

25. Care, maintenance and support

WebCastelo Care plans cover the technical support described in the contracted plan, such as updates, monitoring, fixes and a defined volume of minor changes.

Support is provided during business hours and in writing, unless otherwise agreed. Work outside the plan is quoted separately.

Recurring plans renew automatically for the agreed period, unless terminated in writing with the notice period indicated in the proposal.

26. Approvals, delivery and acceptance

The client reviews and approves deliverables at the times defined in the project. Written approval, or going live at the client's request, counts as acceptance.

If the client does not respond within the agreed review period, the deliverable is deemed accepted for the purposes of continuing the project.

27. Bugs and new features

A bug is a deviation from the approved scope. Bugs reported within thirty days of delivery are fixed at no additional cost.

Requests that extend the agreed behaviour are new features and are treated as additional work.

28. Browser and device compatibility

Work is tested on current versions of the main browsers and on screen sizes representative of mobile, tablet and desktop devices.

Identical behaviour is not guaranteed on discontinued browsers, on very old devices or in environments with extensions that alter pages.

29. Backups

Where hosting or a Care plan provides for it, backups are performed at the frequency indicated in that plan. Restoration is carried out on request and may involve costs where not included.

Without a plan that includes backups, responsibility for maintaining its own copies lies with the client.

30. Security and credentials

WebCastelo applies appropriate technical and organisational measures, such as access control, encrypted connections, separation of environments and regular updates. No system connected to the internet is entirely immune to incidents.

The client keeps its credentials confidential, uses strong authentication where available and promptly reports any suspicion of unauthorised access.

31. Intellectual property

The following categories are distinguished:

• client-specific deliverables, such as the final visual design, the approved texts and the project-specific configuration;
• WebCastelo's pre-existing technology, including architecture, internal tools, working methods and technical know-how;
• reusable components developed by WebCastelo and used across several projects;
• open-source libraries and frameworks, subject to their respective licences;
• third-party software and licensed content, subject to the licensor's terms.

32. Transfer of rights and licences

Upon payment in full, rights over client-specific deliverables are transferred or licensed on the terms set out in the accepted proposal.

WebCastelo's pre-existing technology, reusable components, internal tools, methods and technical know-how are not transferred. The client receives a non-exclusive licence, for the purpose set out in the contract, to the extent necessary for normal use of the deliverable.

While amounts remain outstanding, no transfer of rights occurs where the contract has made such transfer conditional on payment in full.

33. Portfolio and references

Unless the client objects in writing, WebCastelo may showcase the published work in its portfolio and in communication materials, together with the client's name and logo and images of the public result.

Confidential information, business data and internal screens are never published without written authorisation.

34. Confidentiality

Both parties treat as confidential any non-public information to which they have access during the collaboration and use it only for the performance of the contract.

This obligation continues after the contract ends, for as long as the information retains confidential value.

35. Personal data and processors

Where WebCastelo processes personal data on behalf of the client, it acts as processor and the client as controller. In that case a data processing agreement is entered into where required by applicable law.

The use of sub-processors, such as infrastructure, email or payment providers, is permitted provided they are subject to equivalent data protection obligations.

The processing of data carried out by WebCastelo in its own business relationship with the client is described in the Privacy Policy.

36. Availability of services

WebCastelo seeks to ensure maximum availability of the services it manages, but does not guarantee uninterrupted operation.

Planned maintenance windows and interruptions necessary for security reasons are permitted, notified in advance whenever possible.

37. Force majeure

Neither party is liable for failure to perform caused by circumstances beyond its reasonable control, such as serious infrastructure failures, cyberattacks, prolonged unavailability of essential suppliers, decisions of authorities, natural disasters or disruptions to power and communications.

If a force majeure situation continues for more than sixty days, either party may terminate the affected part of the contract, with amounts relating to work already carried out remaining due.

38. Termination

Recurring services may be terminated in writing, with the notice period indicated in the proposal or plan. Projects may be terminated by written agreement.

Either party may terminate the contract with immediate effect in the event of a serious breach that is not remedied within the reasonable period set in a written notice, as well as in the event of the other party's insolvency.

39. Effects of termination and refunds

On termination, all work carried out and third-party costs already incurred become due, and access to managed services ceases, in accordance with the applicable retention periods.

Initial payments serve to reserve capacity and cover preparatory work. They are not refundable where the corresponding work has already begun, unless mandatory law provides otherwise.

Where the client has paid for a recurring period not yet provided, the unused part is refunded or credited, as agreed.

On written request, WebCastelo provides a reasonable export of the client's data and cooperates with the transition, with the time spent chargeable at the rates in force.

40. Limitation of liability

WebCastelo's total liability under any contract or service is limited, per twelve-month period, to the amount actually paid by the client under that contract or service in the twelve months preceding the event giving rise to the damage.

To the extent permitted by law, liability for indirect damages is excluded, including loss of profits, loss of revenue, loss of business opportunities, loss of reputation, loss or corruption of data and costs of reconstructing data.

These limitations do not apply in the case of wilful misconduct or gross negligence, nor to any liability that mandatory law does not permit to be limited or excluded, including personal injury and rights held by consumers.

Any claim for damages must be submitted in writing within twelve months from the date the claiming party became aware of the event giving rise to it.

41. No guarantee of results

WebCastelo does not guarantee, in particular:

• specific rankings on Google or other search engines;
• presence on the first page of results;
• a set number of leads, orders or sales;
• a level of revenue, conversion rate or advertising performance;
• uninterrupted operation of third-party services;
• accuracy of outputs produced by artificial intelligence;
• continuity, price or terms of external APIs and platforms;
• acceptance or maintenance of accounts by payment providers;
• stable results in the face of algorithm changes;
• availability of search engines, social networks or messaging platforms.

42. Third-party failures

Services such as Stripe, Google, Meta, WhatsApp, hosting and infrastructure providers, domain registrars, email providers, analytics services, external APIs and artificial intelligence providers operate independently.

To the extent permitted by law, WebCastelo is not liable for unavailability, policy changes, account suspensions, price changes or failures of such third parties that are beyond its reasonable control.

43. Client indemnity

The client indemnifies WebCastelo against third-party claims arising from unlawful material or instructions provided by the client, from misuse of the deliverables or from breach of the obligations set out in these terms, to the extent permitted by applicable law.

44. Changes to recurring services and to these terms

The terms and prices of recurring services may be revised with a minimum of thirty days' notice. If the client does not accept the change, it may terminate the recurring service before the date on which the change takes effect.

These terms may be updated. The version in force at the date of acceptance of the proposal applies to the ongoing relationship, unless a change is required by law.

45. Governing law and disputes

Portuguese law applies to these terms and to all contracts arising from them.

The parties will first seek to resolve any dispute through direct dialogue. Failing agreement, the courts of the district of WebCastelo's registered office have jurisdiction, without prejudice to mandatory rules of jurisdiction, in particular those applicable to consumers.

46. Language version

The Portuguese version of these terms is the reference version. The English, Dutch and Spanish versions are translations provided for convenience.

In the event of a discrepancy in interpretation between versions, the Portuguese version prevails, except where mandatory law applicable to the client requires a different solution.

47. Contacts

Questions about these terms, a proposal or an invoice may be directed to the contact details indicated at the bottom of this page.