General Terms and Conditions (AGB)
dibis-it.consulting
- Scope and Application
These General Terms and Conditions (“Terms”) govern all services provided by dibis-it.consulting (“Company,” “we,” “us,” or “our”) to clients (“Client,” “you,” or “your”). By engaging our services, you agree to be bound by these Terms in accordance with Brazilian law, particularly the Brazilian Civil Code (Law 10.406/2002) and the Consumer Defense Code (Law 8.078/1990) where applicable.
- Services Offered
Our company provides the following categories of services:
2.1 Startup & Corporate Law Services
- Company Formation: Legal assistance for business incorporation and registration
- Commercial & Public Authorization: Obtaining necessary licenses and permits
- Contract & Procedural Law: Contract drafting, review, and legal procedural support
2.2 Data Protection & IT/IP Law Services
- Intellectual Property Law: Patent, trademark, and copyright protection services
- Data Protection: LGPD (Lei Geral de Proteção de Dados) compliance consulting
- IT Law: Technology-related legal consulting and compliance
2.3 Software Development Services
- Web Development: Custom website and web application development
- App Development: Mobile and desktop application development services
2.4 SEO Services
- SEO Audit: Comprehensive website optimization analysis
- Real-Time Data: Performance monitoring and analytics
- Reporting & Analysis: Detailed performance reports and strategic insights
- Pay-Per-Click Strategies: Paid advertising campaign management
2.5 E-Commerce Services
- B2C Shop Development: Business-to-consumer online store creation
- Web Commerce Solutions: E-commerce platform development and integration
- Marketplace Integration: Third-party marketplace setup and management
2.6 Cloud Services
- Email Solutions: Professional email hosting and management
- Virtual Server: Cloud server provisioning and management
- Web Hosting: Website hosting services
- Cloud Backup: Data backup and recovery solutions
- Contract Formation and Acceptance
3.1. Service agreements are formed upon written acceptance of our proposal or commencement of services following your request.
3.2. These Terms supersede all prior negotiations, representations, or agreements relating to the subject matter hereof.
3.3. Any modifications must be agreed upon in writing and signed by both parties.
- Client Obligations
4.1. Information Provision: Client must provide accurate, complete, and timely information necessary for service delivery.
4.2. Cooperation: Client agrees to cooperate fully and provide reasonable assistance in the performance of services.
4.3. Legal Compliance: Client warrants that their business operations comply with applicable Brazilian laws and regulations.
4.4. Content Responsibility: For web development and SEO services, Client is responsible for providing content that does not infringe third-party rights or violate applicable laws.
- Payment Terms
5.1. Currency: All payments shall be made in Brazilian Reais (BRL) unless otherwise agreed.
5.2. Payment Schedule: Payment terms will be specified in individual service agreements, typically requiring 50% upfront and 50% upon completion.
5.3. Late Payment: Late payments will incur interest at the rate of 1% per month, as permitted under Brazilian law.
5.4. Tax Responsibility: Client is responsible for any applicable taxes on services rendered.
- Delivery and Performance
6.1. Timeframes: Service delivery timeframes are estimates and may be subject to adjustment based on project complexity and client cooperation.
6.2. Force Majeure: We shall not be liable for delays caused by circumstances beyond our reasonable control.
6.3. Acceptance: Services are deemed accepted unless Client provides written notice of non-conformity within 15 days of delivery.
- Intellectual Property Rights
7.1. Pre-existing IP: Each party retains ownership of their pre-existing intellectual property.
7.2. Work Product: Unless otherwise agreed, Client owns custom-developed work product upon full payment.
7.3. Third-party Components: Any third-party software or components remain subject to their original license terms.
7.4. Company Tools: We retain ownership of our proprietary methodologies, tools, and general knowledge.
- Data Protection and Privacy
8.1. LGPD Compliance: We process personal data in accordance with the Brazilian General Data Protection Law (LGPD – Law 13.709/2018).
8.2. Data Processing: We act as data processor for Client’s personal data and will process such data only as instructed by Client.
8.3. Security Measures: We implement appropriate technical and organizational measures to protect personal data.
8.4. Data Breach: We will notify Client of any personal data breach within 72 hours of becoming aware of such breach.
- Confidentiality
9.1. Both parties agree to maintain confidentiality of all proprietary and confidential information disclosed during the course of our business relationship.
9.2. This obligation survives termination of our service relationship for a period of 5 years.
9.3. Confidential information does not include information that is publicly available or independently developed.
- Warranties and Disclaimers
10.1. Service Warranty: We warrant that services will be performed in a professional manner consistent with industry standards.
10.2. Legal Advice Limitation: Legal consultation services do not constitute formal legal representation unless specifically agreed upon.
10.3. Technology Disclaimers: Software and cloud services are provided “as is” without warranty regarding uninterrupted operation or compatibility with all systems.
10.4. Third-party Services: We disclaim responsibility for third-party services integrated into our solutions.
- Limitation of Liability
11.1. Liability Cap: Our total liability for any claims arising from services shall not exceed the total amount paid by Client for the specific services giving rise to the claim.
11.2. Consequential Damages: We shall not be liable for indirect, incidental, special, or consequential damages.
11.3. Legal Services: For legal services, liability is limited to professional negligence and shall not exceed our professional liability insurance coverage.
- Termination
12.1. Termination for Convenience: Either party may terminate ongoing services with 30 days written notice.
12.2. Termination for Cause: Either party may immediately terminate for material breach that remains uncured after 15 days written notice.
12.3. Effect of Termination: Upon termination, Client shall pay for all services rendered through the termination date.
12.4. Data Return: We will return or securely delete Client data within 30 days of termination, unless legally required to retain such data.
- Dispute Resolution
13.1. Governing Law: These Terms are governed by Brazilian law.
13.2. Jurisdiction: Any disputes shall be resolved in the competent courts of São Paulo, Brazil.
13.3. Mediation: Prior to litigation, parties agree to attempt resolution through mediation.
13.4. Consumer Rights: Nothing herein shall limit statutory rights of consumers under Brazilian Consumer Defense Code.
- General Provisions
14.1. Entire Agreement: These Terms constitute the entire agreement between the parties regarding the subject matter hereof.
14.2. Severability: If any provision is found unenforceable, the remainder of these Terms shall remain in full force.
14.3. Assignment: Client may not assign rights or obligations without our prior written consent.
14.4. Notices: All notices must be provided in writing to the addresses specified in the service agreement.
14.5. Language: The Portuguese version of these Terms shall prevail in case of any inconsistency with translations.
- Contact Information
For questions regarding these Terms or our services, please contact:
dibis-it.consulting