These are the general terms and conditions of service agreement valid for each domain or service purchased from Chrome. Under these conditions, any natural or legal person who orders on the site https://chrome.pt
General Conditions of Service Provision
I – Subject and object:
- The present General Conditions, hereinafter referred as “CG“, together with the terms and conditions contained in the Service Orders, hereinafter referred as “ES“, are intended to legally govern the provision to the Client of the services offered by Chrome 2 – Sistemas de Informação Unipessoal Lda, Collective Person with VAT number 508858976 with head office at Rua Francisco Salgado Zenha, nº 29 – 6B, 2527-548 Mem Martins, with the social capital of 5,000.00.
- The agreements between Chrome and the Customer relating to each Service are deemed to be entered into upon receipt by the Company of proof of payment of the value of such Services.
- Upon confirmation of the subscription form, the Client expressly accepts, without reservations or reservations, all the present clauses, or adjoining clauses referring in particular to the services to be subscribed.
- Payment for subscription of the new service or renewal of an existing service is also considered as acceptance, without reservations or reservations to these clauses, and clauses attached when necessary for the service.
II – Duration and termination:
- These GC have the duration stipulated for each of the contracts related to the Services that the Client subscribes, which will have the duration indicated in the ES created in the Client Area, automatically renewing, unless the Customer expressly and unequivocally wishes to the contrary, disabling the service auto renewal option.
- It is the right of the Client to withdraw from the service and may do so by failing to pay for the renewal of the service.
- In the shared hosting service, ES is considered canceled after 14 days without payment verification, all content being removed from the server. The customer can choose to reactivate it up to 14 days after the removal, but there is a reactivation cost associated with this option.
- The Client acknowledges that the resolution of these GC will determine the resolution of all the ES in force at the time of the communication of the resolution, with the contractual and legal consequences thereof.
- The resolution by the Client of any of the ES in force will only determine the resolution of the present GC if no other service (and its ES) is active.
III – Right to freedom of contract:
- The Client, a natural person, who requests the provision of a service for purposes other than his own professional activity (“Consumer”), shall have the power to resolve freely the present CS and ES associated with them within fourteen business days counting of the date of conclusion of the contract, under the terms and for the purposes of article 6 of Dec. Law nº 63/2001 of April 26, updated with Dec. Law nº 24/2014, of February 14. The termination must be exercised with written communication by registered letter with acknowledgment of receipt accompanied by a copy of the identity card, to be sent to Chrome to the above mentioned address. The communication may also be sent by e-mail, provided it is confirmed within 48 hours by registered letter with acknowledgment of receipt. Upon termination, exercised in accordance with the above, and within 30 days from the date of termination, Chrome will refund the amounts paid by Customer, except for fees already paid for domain registration by Chrome and the amount corresponding to the Activation Fee regardless of whether or not it was charged for the installation of dedicated or private servers.
- The right of withdrawal can not be exercised under the terms indicated above if the start of the service is before the expiry of the said 14 days.
- The Client acknowledges that the termination of these GC will determine the resolution of all the ES in force at the time of the communication of the resolution.
IV – Registration procedures
- In order to carry out the registration operations for the Services, the Client undertakes to follow the instructions on the Chrome website and its “Customer Area” and to complete the forms that will constitute the ES, providing his personal data in a correct and true.
- The Customer acknowledges and accepts that the omission of data, or incorrect and/or incomplete indication, as well as the non-updating thereof, implies the impossibility of providing the service in question by Chrome.
- The Service registration operation is completed exclusively by automated means. The Client will then have access to a web page (Customer Area) where will find the data communicated and entered. It shall be the Customer‘s obligation to verify the data before confirming the registration.
- The Client undertakes to inform Chrome of any change in the data initially communicated, accessing the Customer Area and changing it.
- If Customer chooses to report inaccurate or incomplete data, Chrome will have the option to not activate and/or suspend the service until Customer corrects them.
- Chrome reserves the right to suspend contracted services if the relevant entities (eg banks or credit card holders) contest payments made by Customer.
- On the first request for activation of a Service or Account Creation, Chrome will assign it a Username and a Password, if this is not chosen by the Client, which will become the system of validation of Customer accesses to contracted Services.
- The Client agrees that the “username” and “password” are the only means to identify the Client when accessing the Services. In view of the foregoing, the Client admits that all acts carried out with the use of his “username” and “password” will be binding in relation to himself.
- The Client agrees to be the sole and exclusive responsible for the acts executed through his “username” and “password” and undertakes to maintain the confidentiality of the set and to keep them with due attention and care. You may make your transfer to a third party, but the consequences of that act will be entirely your responsibility and assumed by you in full.
In all cases, the Customer agrees that the computerized and/or automated registrations made by Chrome and/or its suppliers may be opposed and deducted before any competent Authority for all evidentiary purposes under the terms and for the purposes of these GC and that, in particular, the parties may base appropriate civil evidence on the existence of the relations and/or acts that may be contested.
V – Change in CG or ES:
- Chrome reserves the right to modify, at any time, the current CG as well as the terms and conditions of the ES, with electronic communication to the Customer with notice of at least 30 days.
- If changes cause a significant reduction of the services provided, the Client will have the faculty to resolve a ES or the then applicable GC, sending to Chrome its communication within 20 days.
- Once the period of termination set forth in the previous clause has expired without the Client having exercised such right, the modifications will be considered as accepted by the Client and totally binding on the same.
VI – Use of the Services and Client’s responsibility:
- The Customer agrees to use the Services responsibly in accordance with the rules of use set forth in the Acceptable Use Policy so as not to compromise the stability, security and quality of the Services provided by Chrome in a shared mode.
- If Customer‘s improper use of the Services compromises or may compromise the stability, security, and quality of the Shared Services provided by Chrome, we reserves the right to discontinue the Services immediately and with the subsequent notification by electronic mail.
- The Customer also agree not to use the Services for unlawful purposes and in no way violate applicable national and international standards, even regulatory ones.
- The Client undertakes not to insert, and not to allow third parties to insert content that violates privacy, copyright and intellectual property rights in general, is offensive content, or that may in any way prejudice or endanger the image of third parties or Chrome. The Client also undertakes not to carry out, through its access to the Internet, acts of computer hacking.
- Customer warrants that it will not engage in spamming, that is, the sending by e-mail of unauthorized communications, not required and/or not requested by the recipients. Chrome also warns that it will hold the Customer liable even if the illegal activity of spam is made through e-mail addresses other than those acquired from Chrome and even indirectly implicate a Service provided by the company.
- Chrome reserves the right to suspend the Service if it considers that the Client performs activities that violate, in a gross and patent manner, the obligations set forth in this article or in the general law, or in case of a complaint of violation of rights of third parties, supported or not by ANACOM, and the suspension will last until the Client has eliminated the causes of the dispute or presents to Chrome appropriate documentation capable of attesting that it does not violate the rights of third parties.
- Customer acknowledges that it is solely and exclusively responsible for the activities performed through the Contracted Services, directly or indirectly related thereto, and will be responsible for the contents and communications inserted, published, disseminated and transmitted by or through these Services.
- Chrome will never be responsible in any way for any illegal, criminal, civil and administrative acts committed by you through the Service. The Client undertakes to exempt Chrome from any action, court, claim, costs or expenses, including any legal expenses incurred, arising from any failure by the Customer to comply with the obligations assumed and the guarantees provided with the acceptance of these GC or with a ES and, in any case, linked to the use of the Services by the Customer.
VII – Communications between the parties:
- Unless expressly provided otherwise, the Parties agree to the use of electronic mail as a means of effecting the communications required or to be carried out in accordance with these GC and/or each ES.
- It is the customer’s responsibility to maintain an updated email address in the Customer Area. The Customer acknowledges that it is to the address that indicates there that Chrome will respond to support requests and will send the relevant communications on renewal and payment for the services and acknowledges that failure to meet payment deadlines determines that the automatic management platform suspend the same with the consequences of the ES for the termination of the contract for non-payment.
VIII – Chrome Limitations and Responsibilities
- Chrome commits itself to using the best technology at its fingertips and the best resources at its disposal to provide the Services provided in each ES.
- Customer agrees that Chrome may under no circumstances be held liable for delays or malfunctions in providing the Event Dependent Services beyond reasonable control of Chrome, such as, for example:
a) – events of force majeure;
b) events dependent on third parties, such as, by way of example, the interruption or malfunction of the services of telecommunications operators and/or electric lines;
c) – malfunction of the terminals or other communication systems used by the Customer;
d) – failure of equipment used in the provision of services to the Customer.
- In the event of service interruption, Chrome undertakes to reinstate the Service as soon as possible.
- The Customer also acknowledges that Chrome may not be held responsible for acts or omissions attributable to Customer in violation of the provisions of these GC and/or ES, nor can it be held liable for malfunctions due to defects in the necessary means access, improper use of them and/or access to the service by the Customer or third parties.
- The Client is aware and is informed that the Services may be interrupted, canceled or transferred at the request of the Authorities to which the Services are subject.
- Customer acknowledges and agrees that Chrome does not in any way back up any data and content that you own and use within the scope of the services provided by the company. The Customer hereby undertakes to continuously back up its data under its own responsibility, incurring in the respective costs, and therefore not responsible for the eventual loss or disposal of Chrome.
IX – Responsibilities:
- Customer understands and accepts:
b) – The impossibility of guaranteeing a continuous use, without interruptions and totally free of unauthorized uses.
c) – It may occur that the server is prevented from working and that this may lead to a service break, loss or damage of contents.
- No liability can be attributed to Chrome for losses (indirect or consequential) or damages arising out of the assistance to which it is obliged, either for the way it was provided or advised, except in cases provided for by law.
- No liability can be attributed to Chrome for any damages, loss or loss of profits that may arise from the defective service, even if it is the responsibility of Chrome.
- No liability can be imputed to Chrome, including, but not limited to, damages caused or allegedly caused by failure of performance, error, malfunction, omission, interruption, defect, delay or failure in network access, theft or destruction of equipment by unauthorized access or any other cause of unspecified action are strictly limited to the amount paid by the customer for the period in question.
- Chrome will not be liable for any litigation that the Customer are a party to and that you oppose to a third party due to the direct or indirect use of the service. In particular, it is not responsible for any irregularity arising from the use of the domain name (s).
X – Resolution for non-compliance:
Chrome may terminate this agreement in the event of a final breach or defective fulfillment of Customer’s obligations set forth in these CG, without prejudice the right to be indemnified for damages and fees owed by Customer.
XI – Electronic Invoice:
- Customer acknowledges and agrees that invoices for the services provided by Chrome are electronically issued, available for viewing, printing and filing by Customer in its reserved area accessed through the Customer Area.
- The Customer hereby acknowledges and accepts that the invoices referred to above will not be issued in duplicate, since the electronic transmission, accepted by it, complies with the provisions of Article 35 (10) of the VAT Code.
XII – Applicable Law and Competent Forum:
- This Agreement is governed by Portuguese Law.
- Chrome is not subject to an obligation to monitor the information that the Customer transmits or stores through it, nor can it be held liable under the terms of Decree-Law nº 7/2004 of 7 January.
- The declaration of nullity, invalidity or ineffectiveness of one of the clauses of these GC by a legally recognized court, does not affect the validity and effectiveness of the remaining and maintenance of the contract.
- For the conflicts arising from the execution of this contract intended to require compliance with obligations, compensation for non-compliance or defective performance and termination of the contract for non-compliance shall be the jurisdiction of the Sintra District Court.
XIII – Alternative Dispute Resolution (ADR):
In accordance with the provisions of article 18 of Law nº 144/2015, September 8, Chrome Lda informs Customers that they are consumers in the definition provided for in said Law, which may consult the complete list of “RAL Entities” – Resolution Entities Consumer Disputes Alternative in Portugal, at the electronic address of the Consumer Directorate-General available at http://www.consumidor.pt.
The provisions of the previous point do not constitute acceptance or attachment by Chrome Lda to any Arbitration Convention or accession to any of the RAL Entities listed in the above list.
Chrome Lda also informs Customers who are consumers of the existence of an online dispute resolution platform that can be used when the parties are domiciled in an EU Member State – “RLL Platform” and that is accessible through the electronic address http://ec.europa.eu/consumers/odr/.
Chrome Lda also informs Customers that they are consumers, that for the purposes of this clause, email address is firstname.lastname@example.org
XIV – Final provisions:
- Under the terms of the Law, I declare to have read carefully and expressly approve the following clauses of GC:
a) – article II, Duration and Termination;
b) – Article V, Amendment of GC or ES;
c) – Article VI, Use of the Services and Customer’s responsibility;
d) – article VII, Communications between the parties;
e) – art. VIII – Limitations and Responsibilities of Chrome;
f) – Article IX Responsibilities;
g) – Article X – Resolution for Non-compliance;
h) – Article 12 Applicable Law and Competent Forum.
- Customer acknowledges that these clauses are in compliance with the general terms and conditions of service provided by Chrome and that these conditions are complemented by specific clauses of the services that have subscribed online in its Customer Area, as well as states that it is aware and accepts that when performing the order request of the service to which the clauses refer, which are also available for consultation on the site chrome.pt.
- The contracted products and services are subject to annual updates of the subscription amounts, which are communicated to the Client 30 days in advance.