Terms and conditions
· In order to start the work, the customer must send the respective award in writing, specifying the respective budgets. This award can be made by email in response to the proposal, or with a digital or traditional signature in the order issued by LOBA. Whenever the issuance of a requisition/purchase order by the customer is mandatory, LOBA must be informed about this obligation, and the work will only start when it is received. After the award, if the customer cancels the work or if LOBA considers that it was postponed sine die at customer’s initiative (more than 6 months), LOBA will consider the process closed and entitled to invoice the work in full at the end of this 6-month waiting period. LOBA will assume full availability and obligation to continue the work at any time up to a period of twenty-four months, thus fulfilling what was contracted and paid. On the agreed payment dates, the respective invoices will be issued and all payments must be done on the due date and LOBA is entitled to apply interest according to the law in force, in case of delay.
· All content provided by LOBA is protected by general copyright law, so all materials produced will be delivered in a non-editable format. LOBA will always preserve the intellectual property of the contents developed, safeguarding its rights, namely the right to non-derivation (article 15 of the Code of Copyright and Related Rights). Unless there is a written contract stating otherwise, the customer is not allowed to change or derive contents developed by LOBA, so the project design or source code cannot be used in any other communicational support or project, nor can any commercial use thereof. The work created in the scope of branding projects, in which the customer is granted the intellectual property of the developed brand, are excluded from these terms. All information and elements needed for the starting and development of the project, such as texts, images, multimedia elements, must be sent free of charge, namely in relation to copyright and LOBA does not need to validate this property.
· LOBA ensures the proper functioning and visualization in browsers of 95% of Portuguese users, a percentage measured by the SiteCounter website (http://gs.statcounter.com/browser-market-share/all/portugal) on the date of the award of the project. LOBA considers it efficient to have two reference views (breakpoints), “mobile” and “desktop”, to ensure a good customer experience in the responsive platform view. If the customer wishes to implement a responsive solution for a browser/device/resolution version other than the one provided by LOBA, the requested intervention will be commercially framed.
· Digital projects are kept open for minor adjustments up to 30 days after the technical completion/closing communicated to the customer. After this period, a 6-month warranty, or longer when required by law, is given to correct any identified defects. If, during this stage, other interventions (different from the correction of defects) are requested, a new commercial framework will be applied. Graphic projects are understood to be closed with the submission of the final artworks.
· At the beginning of the project, LOBA prepares a work plan, defining schedule and deadlines to the approval, and shares it with the customer. In the stages where customer is in charge, LOBA will suspend the work and resume them on the scheduled date after customer’s feedback. If customer exceeds the planned date for communicating the feedback on the work presented, LOBA commits to resume the work as soon as possible and this period must never exceed two weeks. Any materials produced/printed by LOBA will be made available at LOBA's facilities and the customer is responsible for their collection and transportation in due time.
· Only the services mentioned in the written proposals are included. Thus, and as an example, services such as Uploading, Production, Licensing and Translation of Content (texts, images and videos) are not included, unless explicitly mentioned.
· LOBA and the customer agree on the reciprocal exclusion of liability for loss of profits arising from non-compliance or defective fulfilment of this contract;
· LOBA and the customer agree on the reciprocal limitation of liability arising from non- compliance or defective performance of this contract, in cases of negligence or slight fault of either party, at an amount equal to the one paid at that time for the performance of the contract;
· LOBA and the customer agree that, in any case, the party claiming non-compliance shall be responsible for proving it, as well as the damage and the link between this and the counterparty’s conduct.
· The customer is fully responsible and accountable for the final approval of the project/work and must make sure that it is in accordance with the intended purpose and free from any errors (namely typographic, when the work is intended for printing).
· Version control
· V1.0 - Conditions of Sale in force until 16/11/2017
· V2.0 - Conditions of Sale in force until 19/02/2018
· V3.0 - Conditions of Sale in force until 10/04/2018
· V4.0 - Conditions of Sale in force until 22/01/2019
· V5.0 - Conditions of Sale in force until 06/02/2019
· V6.0 - Conditions of Sale in force until 10/03/2020
· V7.0 - Conditions of Sale in force until 24/11/2020
· V8.0 - Conditions of Sale in force until 14/04/2021
· V9.0 - Conditions of Sale in force until 12/04/2022
· V10.0 - Conditions of Sale in force until 02/05/2023