These Terms of Service set forth the principles, guidelines, and requirements of the Terms of Service of MODULUS PREMIUM, LDA., governing the use by the CLIENT of our services and products. MODULUS PREMIUM, LDA. retains the right to modify these Terms of Service at any time, and such modifications shall be automatically effective to all CLIENTS when published at www.moduluswebdesign.com

1. Service Provider
MODULUS PREMIUM, LDA., with fiscal number 515 853 305, located at Rua Duarte Pacheco Pereira, 5A, 2795-017, Linda-a-Velha, Portugal, renders the services described at the website https://www.moduluswebdesign.com.


2. Acceptance
With the payment of any deposit, down payment, or advance fee for any service or project to MODULUS PREMIUM, LDA., you as the client are agreeing to and accepting the following terms and conditions:


3. Payments
Any payment due shall be accorded between the client and MODULUS PREMIUM, LDA., and should be paid prior to the start of the project. This non-refundable payment or deposit assures your position in the MODULUS PREMIUM, LDA. work queue. No work will begin until your payment has cleared. All amounts must be in US Dollars (US$), Euro (EU€) or Pounds (GB£) and made through Paypal, Bank Wire, or Multibanco. Any final payment or pending payment must be made prior to the final installation, delivery, and launch of the project.


4. Communication
Once the initial payment has been sent, the client should be fully available through email on a daily basis to answer any questions or complete tasks as soon as possible. All communication is required through email and not by phone, postal mail, fax, or in person. If at anytime MODULUS PREMIUM, LDA. is unable to contact the client for a period of more than two (2) business days, the project will be canceled or rescheduled and all monies paid will be forfeited to MODULUS PREMIUM, LDA.. If the client requests to continue the design process at a later date, payment of any pending monies must be made before restarting the project. In the event that MODULUS PREMIUM, LDA. cancels the project entirely due to lack of communication, ownership of all created or installed artwork, layouts, and coding will remain the absolute property of MODULUS PREMIUM, LDA. and will NOT be transferred to the client. Furthermore, MODULUS PREMIUM, LDA. retains the right to resell the design to recover services rendered and charge an additional cancellation fee which will be paid by the client.


5. Support and Technical Assistance
MODULUS PREMIUM, LDA. offers technical support via the online support desk. All technical support requests are required through the online support desk and not by phone, fax, postal mail, or in person. Paid training, phone assistance, and the owner or employee training are available for purchase at $75 per hour and must be scheduled in advance by MODULUS PREMIUM, LDA. at our availability and convenience.

It is the client’s full responsibility to familiarize themselves with the operation of the admin panel, including but not limited to payment and shipping modules, and all services and functions related to their website. The client is also responsible for opening an account with compatible services. If any specific questions should arise regarding any 3rd party modules, the client should contact the 3rd party service provider directly. MODULUS PREMIUM, LDA. is not responsible for configuring third-party services or modules, opening social media accounts for the client, or performing any type of service that is not specified or agreed upon. If the additional technical services can be installed by MODULUS PREMIUM, LDA., the client will be quoted and rescheduled accordingly.

Technical assistance is not a paid feature in any package price and is not an obligatory service. It is offered free of charge for each package on a case-per-case basis and may be canceled by MODULUS PREMIUM, LDA. at any time. We are not responsible if the client finds the learning process difficult and/or if the client cannot use the website or materials properly despite repeated support requests. Furthermore, MODULUS PREMIUM, LDA. reserves the right to change or cancel email support or phone chat support and/or to cease communications with the client entirely. MODULUS PREMIUM, LDA. does not provide phone calls for technical support. If client emails or phone calls are deemed excessive, repetitive, rude, or time-consuming, MODULUS PREMIUM, LDA. may request for the client to find a 3rd party designer, host, and, or developer for assistance in this case and we claim no responsibility for any expenses that the client incurs, or if we cannot provide the level of technical support that the client needs. In the event that the third-party service that the CLIENT resorted to, creates an issue that forces the intervention of MODULUS PREMIUM, LDA., the CLIENT is responsible for any costs related to that intervention.


6. Authorization
As the client, you authorize MODULUS PREMIUM, LDA. to install any scripts, software, or programs relevant to the project and must provide MODULUS PREMIUM, LDA. with the login information and passwords necessary to access the corresponding accounts.


7. Web Hosting Services
MODULUS PREMIUM, LDA. provides web hosting. These services are not obligatory and the CLIENT may prefer to another web hosting service. The CLIENT is responsible for using a web hosting provider compatible with the requirements set by the project, and any software in use by the project at any capacity, including from third parties. If the CLIENT decides to use a non-compatible hosting service, MODULUS PREMIUM, LDA. will not be responsible for incompatibility issues, errors, or bugs that may occur. Any debugging or compatibility issues will be billed separately and are not included in the package. If the CLIENT chooses not to switch to a compatible hosting service, the CLIENT agrees to forfeit any payments made if our software or modules cannot be installed or behave properly.


8. Design Process
MODULUS PREMIUM, LDA. will use the answers from the package questionnaire to complete an initial preview and subsequent revisions of your website or design service. Revisions and services purchased do not include the addition of extra elements not included in the initial quote, including but not limited to extra graphics, flash, scripts, forms, custom navigation, debugging, custom module installation and configuration, social media configuration, assistance, technical support and any additional elements that are not included or that require custom coding or attention. Project in which the CLIENT supplies the design, that design will be considered as an indication of the style the CLIENT wishes to pursue, and not as a final, non-flexible representation of the design, MODULUS PREMIUM, LDA. is to develop. MODULUS PREMIUM, LDA. does not guarantee that in the course of the project it won’t be necessary to implement changes to the CLIENT design, including but not limited to changing or removing elements, graphics, scripts, forms, personalized navigation.

Upon the conclusion of the project, and if a payment is pending, MODULUS PREMIUM, LDA. will invoice the CLIENT for the remaining balance and any other fees related to the project that may have been incurred during the revisions process or the purchase of additional services. Payment is required within two (2) business days and cannot be delayed or rescheduled. The final version of the design, development, or other projects will be transferred upon receipt of full payment.

Regarding website projects. After the website project is installed on the CLIENT domain and the CLIENT has been provided with admin login information, the CLIENT assumes all responsibility for the website. Any major revisions, edits, or additions to the project after the website is on the CLIENT domain will require to be scheduled as a new work order and the CLIENT will have to pay any additional fees related to that work order. Minor revisions may be made to the website at any time during the process and after delivery of the website at the sole discretion of MODULUS PREMIUM, LDA..


9. Completion Timeline
As the client commits to work with MODULUS PREMIUM, LDA. in order to complete all services in a timely manner, agreeing to work expeditiously to complete the project by the delivery date or no later than 60 days after the CLIENT submitted all necessary materials. This 60-day limit may be extended by MODULUS PREMIUM, LDA. if the project requires more time from the designer, programmer, or assistant for completion. All revision requests must be submitted by the client within two (2) business days of receiving the initial site preview or subsequently revised previews. All reviews and feedback submissions must be submitted via the feedback tools provided to the CLIENT. MODULUS PREMIUM, LDA., does not recognize any feedback communicated by phone, online meeting, email or letter. The scheduled start date, revision process, or delivery date of the project may not be rescheduled unilaterally by the client. In the event of a lack of communication by the client for a period of up to two (2) business days or more, MODULUS PREMIUM, LDA. reserves the right to reschedule the project or cancel the project completely.


10. Payment Merchant Account & Shipping Services
It is the CLIENT’s responsibility to familiarize itself with the operation of the website, including but not limited to the admin panel, management of catalogs, merchant accounts, payment modules, and shipping modules. The CLIENT is also responsible for opening an account with compatible payment or shipping services. If any specific questions should arise regarding 3rd party modules, the CLIENT must contact the 3rd party service provider directly. MODULUS PREMIUM, LDA. is not responsible for the configuration or successful installation of non-compatible services that are not specifically designed for the project.


11. Database Content
Unless another arrangement has been made, the CLIENT is responsible for the addition of products to the website, including the description of the products, item photographs, options, drop-down boxes, product attributes, and photo editing, optimization, and resizing of all product images. The CLIENT is also responsible for adding optimized content to be used across the website or other materials, all literary and/or informational content and photos for all website pages, including the home page, and for the entry of any, meta descriptions, meta tags, keywords or meta-titles into your products or website content.


12. Security
The administration panel of the website system is not guaranteed secure unless the website is uploaded to a server that fulfills all web security standards and has a corresponding SSL certificate, dedicated IP, and for which there is a Service Agreement celebrated with MODULUS PREMIUM, LDA. that covers such responsibilities.
MODULUS PREMIUM, LDA. is not responsable for an insecure server or the use of an insecure password-protected panel. MODULUS PREMIUM, LDA. does not save or backup any existing design installed on the CLIENT domain. All updated backups, database backups, and secure CLIENT information backup must be made by the CLIENT, the website owner.


13. Electronic Commerce Laws & Taxation
You as the client are solely responsible for complying with any laws and taxes applicable in any way to the web design project and will hold harmless, protect, and defend MODULUS PREMIUM, LDA. and its subcontractors from any claim, lawsuit, penalty, tax, or fine arising from the client’s exercise of Internet electronic commerce.


14. Copyrights and Trademarks
The CLIENT unconditionally guarantees that any and all elements of text, graphics, photos, designs, trademarks, or other artwork furnished to MODULUS PREMIUM, LDA. for inclusion in a project are owned by the CLIENT, or that the CLIENT has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend MODULUS PREMIUM, LDA. from any claim or lawsuit arising from the use of such elements.

The CLIENT agrees not to resell, modify, copy or make a derivative template, website, or graphic based on the design or any one of its elements. The copyright of all software, coding, web and print graphics & art created by or created in partnership with MODULUS PREMIUM, LDA ir owned by MODULUS PREMIUM, LDA. and under the law all copyrights are reserved. The CLIENT logo is copyrighted by the CLIENT and can be used as deemed necessary. All services, design elements, art, and coding may not be used by anyone else but the CLIENT and the domain it was originally designed or developed for. MODULUS PREMIUM, LDA. retains the right to display communications, artwork, and/or any services provided to the client in the MODULUS PREMIUM, LDA. portfolio, testimonials, promotional materials, and advertising materials on the web or in publications.


15. Limitation of Liability and Liability Disclaimer
In no event will MODULUS PREMIUM, LDA. be liable towards the CLIENT or any third party, on any legal theory for any direct, indirect, special, incidental, punitive, exemplary, or consequential damages arising out of the use of any MODULUS PREMIUM, LDA. service, graphic or code, or the use of any hosting service, service provider, telecommunications carrier, internet servers, third party e-commerce programs, or your site visitor’s computer or internet software, including, without limitation, service interruptions caused by Acts of God and/or Nature, or any other circumstances beyond our reasonable control, any lost profits, business interruption, loss of data or otherwise, even if expressly advised of the possibility of such damages. MODULUS PREMIUM, LDA. will make no warranty to cover text-based or old browsers or requested special effects that have been advised to be against your interests. Any service purchased from MODULUS PREMIUM, LDA. is provided ‘as is’ without any kind of warranty. MODULUS PREMIUM, LDA. does not provide any guarantees for web hosting, 3rd party services, or shopping cart functions.

IN NO EVENT SHALL NEW JAMP, LDA. BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, LACK OF SERVICES, USE OF THE MODULUS PREMIUM, LDA. WEBSITE OR USE OF ANY OF MODULUS PREMIUM LDA. PRODUCTS, PACKAGES, OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL MODULUS PREMIUM, LDA. CUMULATIVE LIABILITY EXCEEDS AN AMOUNT GREATER THAN ONE HUNDRED EUROS (€100 EUR EUROS).


16. Duration & Cancellation Policy
The initial term of Your agreement with MODULUS PREMIUM, LDA. shall be set between both parties. After the Initial Term, your agreement with MODULUS PREMIUM, LDA. shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or canceled by either party as provided in this section.
This agreement may be terminated: (i) by the CLIENT by submitting a helpdesk ticket at least thirty (30) working days before the account is due to renew; or (ii) by MODULUS PREMIUM, LDA. at any time, without prior notice, if, in MODULUS PREMIUM, LDA.’s judgment, the CLIENT is in violation of any terms or conditions herein; or (iii) in MODULUS PREMIUM, LDA. ‘s sole judgment, the CLIENT use of the Services places or is likely to place unreasonable demands upon MODULUS PREMIUM, LDA. or could disrupt MODULUS PREMIUM, LDA. ‘s business operations; or (iv) by MODULUS PREMIUM, LDA. if it so determines that there was abusive behavior towards any MODULUS PREMIUM, LDA. associate, or (v) by MODULUS PREMIUM, LDA. if the CLIENT has pending payments for services rendered, or (vi) by MODULUS PREMIUM, LDA. if the CLIENT has pending payments for services to be rendered, or (vii) by MODULUS PREMIUM, LDA. if it so determines that the CLIENT is or is alleged to be violating the terms and conditions of any other agreement entered into by the CLIENT and MODULUS PREMIUM, LDA..

In the event of termination of Services under the above circumstances, the CLIENT agrees (i) that no already paid fees will be refunded to the CLIENT; and (ii) that MODULUS PREMIUM, LDA. may take control of any materials, code, websites or domain name associated with the terminated Services, provided such domain name was registered by or transferred to MODULUS PREMIUM, LDA..

In the event of termination of this Agreement caused by your default hereunder, the CLIENT shall bear all costs of termination, including any reasonable costs MODULUS PREMIUM, LDA. incurs in closing your account. The CLIENT agrees to pay any and all costs incurred by MODULUS PREMIUM, LDA. in enforcing the compliance with this Section. Upon termination, the CLIENT shall destroy any copy of the materials provided by MODULUS PREMIUM, LDA.. The CLIENT agrees that upon termination or discontinuance for any reason, MODULUS PREMIUM, LDA. may delete all information related to the services, or projects provided to, or developed for the CLIENT up to the terminations of services. The CLIENT agrees that MODULUS PREMIUM, LDA. is not liable for any damage incurred because of the termination of services that are or have been provided by MODULUS PREMIUM, LDA..


17. Suspension of Services
The services may be suspended: (i) by MODULUS PREMIUM, LDA. at any time, without prior notice, if, in MODULUS PREMIUM, LDA.’s judgment, the CLIENT is in violation of any terms or conditions herein; or (ii) in MODULUS PREMIUM, LDA. ‘s sole judgment, the CLIENT use of the Services places or is likely to place unreasonable demands upon MODULUS PREMIUM, LDA. or could disrupt MODULUS PREMIUM, LDA. ‘s business operations; or (iii) by MODULUS PREMIUM, LDA. if it so determines that there was abusive behavior towards any MODULUS PREMIUM, LDA. associate, or (iv) by MODULUS PREMIUM, LDA. if the CLIENT has pending payments for services rendered, or (v) by MODULUS PREMIUM, LDA. if the CLIENT has pending payments for services to be rendered, or (vi) by MODULUS PREMIUM, LDA. if it so determines that the CLIENT is or is alleged to be violating the terms and conditions of any other agreement entered into by the CLIENT and MODULUS PREMIUM, LDA..

In the event of suspension of Services under the above circumstances, the CLIENT agrees (i) that no already paid fees will be refunded to the CLIENT; and (ii) that MODULUS PREMIUM, LDA. may take control of any materials, code, websites or domain name associated with the terminated Services, provided such domain name was registered by or transferred to MODULUS PREMIUM, LDA..

In the event of suspension of this Agreement caused by your default hereunder, the CLIENT shall bear all costs of termination, including any reasonable costs MODULUS PREMIUM, LDA. incurs in suspending the CLIENT account. The CLIENT agrees to pay any and all costs incurred by MODULUS PREMIUM, LDA. in enforcing the compliance with this Section. The CLIENT agrees that upon suspension or discontinuance for any reason, MODULUS PREMIUM, LDA. may delete all information related to the services, or projects provided to, or developed for the CLIENT up to the suspension of services. The CLIENT agrees that MODULUS PREMIUM, LDA. is not liable for any damage incurred because of the suspension of services that are or have been provided by MODULUS PREMIUM, LDA..


18. Dispute and resolution process
The CLIENT agrees to, before initiating any legal challenge, resort to a court of law, or resort to an arbitration center, to attempt to resolve the dispute directly with MODULUS PREMIUM, LDA., by contacting MODULUS PREMIUM, LDA. via email or registered mail, detailing the reason for the dispute.
MODULUS PREMIUM, LDA., commits to appreciating the details of the dispute, and to communicate to the client the conclusions by email or registered mail, within twenty-two (22) business days counting from the reception of the client dispute details.


19. Acceptable Use Policy
The use of graphics and code from any service or project developed by in partnership with MODULUS PREMIUM, LDA., may not be used to display information or sell content that is religiously or politically offensive, or racially insensitive, or pornographic.


20. Privacy
All private information involved in any project or service provided by MODULUS PREMIUM, LDA. will remain private and will never be used, redistributed, or sold to third parties. The client’s private information, name, address, phone number, and email address will not be given as references to potential clients nor will be published in any way or form on the web, in email communications, or in print.


21. Authoritative version of these Terms
These Terms are drawn up and revised in Português. Other language versions of these Terms are provided for information purposes only. In the event of any inconsistency between different linguistic versions, the original version shall always prevail.


22. Governing Law and Jurisdiction for Disputes.
The CLIENT’s rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of Portugal.


23. Final Agreement
These Terms and Conditions supersede all previous representations, understandings, or agreements. The payment of any monies or deposits by the client to MODULUS PREMIUM, LDA. constitutes agreement to and acceptance of these Terms and Conditions.

In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. MODULUS PREMIUM, LDA. will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.