Terms of Service

1. Provider and scope

RafaDesigns is the trading name of Rafael Alexandre Vicente Lopes, Self-employed professional, Portuguese tax ID (NIF) 250198983, with professional address at Rua Santo Antonio, são joao da talha lote 1002 bobadela. Contact: contacto.rafadesigns@gmail.com. Website: https://rafadesigns.dev.

RafaDesigns provides website creation, publication, hosting and maintenance, and related digital services, under the accepted plan or proposal.

The standard offer is intended for companies, sole traders, freelancers, self-employed professionals and others contracting in the course of their professional or business activity. These Terms do not displace mandatory consumer rights where they legally apply to a particular situation.

2. Formation of the contract

The contract is concluded when the client selects or accepts a plan or written proposal, is given access to the applicable Terms, expressly accepts them and successfully completes the first required payment. The standard contracting language is Portuguese, unless a proposal expressly uses another language.

RafaDesigns must retain electronic evidence of the accepted plan or proposal, Terms version, acceptance date, price, commercial conditions and payment reference. The client must receive or be able to save and reproduce the applicable Terms and confirmation.

Any future electronic contracting process must allow details to be reviewed and corrected before confirmation and payment, and must obtain express confirmation that the service is contracted in the course of professional or business activity.

Development begins only after the contract is active, the first payment has been completed and RafaDesigns has received the minimum content, information and access required.

3. First payment and taxes

The first payment under the agreed billing arrangement activates the service. If it fails, activation is not completed and development does not begin.

“€0 setup fee” means that Professional Presence and Local Growth have no separate publicly advertised creation or setup charge. It does not mean that the first service period is free.

VAT regime: special exemption regime under article 53 of the Portuguese VAT Code (CIVA). Applicable invoice wording: IVA - regime de isenção. Legally applicable taxes will be stated and charged according to the confirmed tax regime. This information may be updated if the applicable regime changes.

4. Minimum commitment and Pro System

Professional Presence, at €69/month with monthly billing, and Local Growth, at €99/month with monthly billing, offer monthly, quarterly or annual billing, under the commercial conditions accepted before payment.

With monthly billing, the minimum commitment is three monthly payments. The client may request cancellation during that period, but all three payments remain due on their normal monthly dates. There is no automatic acceleration of payments, lump-sum penalty or cancellation fee. After the third required payment, the service renews automatically each month until cancelled.

With quarterly and annual billing, prepayment of the first quarter or year satisfies the minimum commitment. The service renews automatically for periods of three months or one year, respectively, with each period paid in advance, until cancelled. The minimum does not represent development duration, SEO duration or a deadline for results.

Pro System is advertised as “From €199/month” and always requires a scope review. The price, any creation or setup costs, commitment and billing frequency are set in the accepted proposal. The standard plans’ €0 setup fee and minimum commitment do not apply automatically, and there is no generic public checkout.

5. Cancellation and refunds

Cancellation must be requested in writing to contacto.rafadesigns@gmail.com. WhatsApp may be used operationally, but the request is formally recorded only when RafaDesigns confirms it in writing.

For standard plans, subject to the applicable minimum commitment, cancellation requested before renewal takes effect at the end of the period already paid and prevents the next renewal charge, whether monthly, quarterly or annual.

Cancellation does not entitle the client to a pro rata refund of the unused paid period, without prejudice to billing corrections and the mandatory legal rights set out below.

Paid periods that have already begun are normally non-refundable, and a change of mind after activation does not create an automatic refund entitlement. Duplicate, incorrect or post-cancellation charges made after cancellation takes effect are corrected or refunded.

Where RafaDesigns demonstrably cannot provide a paid service for a reason attributable to it, the affected amount may be refunded or otherwise settled proportionately. Mandatory legal rights always prevail.

6. Failed recurring payment

If any recurring payment fails, regardless of the agreed billing frequency, the client is notified on the day of failure. The service remains active during a 14-calendar-day period from the due date to bring payment up to date, during which reminders may be sent. There is no suspension on day seven.

After the 14 days, if payment remains outstanding and clear notice has been given, RafaDesigns may suspend the website, maintenance, support or associated services until payment is brought up to date. After payment, service will be restored within a reasonable operational timeframe.

Suspension does not extinguish overdue amounts or the applicable minimum commitment. Persistent material breach may lead to termination after written notice, without waiving amounts due. Late fees, penalties or collection costs are not applied automatically.

7. Client cooperation and delivery

Estimates depend on delivery of content, photos, files, business information, necessary accounts or access, approvals and reasonably necessary feedback. Delays in these items extend estimates, and RafaDesigns is not responsible for that part of the delay.

After approximately 14 consecutive days waiting for essential items, scheduling or priority may be adjusted. After approximately 30 consecutive days of client inactivity, the project may be paused and resumed subject to availability. This inactivity does not automatically suspend billing or the applicable minimum commitment and does not create an additional financial penalty.

Simple websites can go live from 7 working days after receipt of the required content. This “from” timeline is indicative: complexity, revisions, third parties and client delays may change it. It is not a universally guaranteed deadline, and the applicable minimum commitment does not correspond to development duration.

8. Included changes and additional work

Small changes to existing content may be included according to the plan, such as prices, opening hours, contacts, existing text, existing photos and existing business information. This does not mean unlimited changes.

New pages, features, redesigns, structural changes, integrations, custom automations, custom booking logic, complex payments or software outside the scope are assessed separately. Where there is an additional cost, RafaDesigns communicates the scope and cost and obtains approval before carrying out that work.

9. Third-party services and domain

The monthly fee does not include unlimited third-party costs. Costs for premium domains, external booking platforms, SMS, WhatsApp API, paid APIs, SaaS, premium plugins or licences, transaction fees, external email or marketing and integrations may be separate. Material external costs are communicated before binding the client, where reasonably possible.

RafaDesigns is not responsible for outages, policy changes or failures of independent platforms outside its reasonable control, but will make reasonable efforts to mitigate their impact where it manages the integration.

Where a domain is included or managed, it must be registered in the client’s name where technically and contractually feasible. The client must keep registration details correct. Cancellation does not transfer a client’s domain to RafaDesigns. Premium domains or exceptional costs are separate unless expressly included.

10. Client content and data

The client retains rights and responsibility for the business name and brand, logo, text, images, files, business data and customer data they provide. The client confirms they have the necessary rights and permissions for those materials.

RafaDesigns may refuse or remove manifestly unlawful content or content infringing third-party rights where necessary. It does not acquire ownership of the brand, logo, supplied content or data belonging to the client.

11. Software and intellectual property

The subscription is a managed website or software service. Unless a written proposal states otherwise, the parties expressly agree that RafaDesigns retains, to the extent legally permitted, rights in source code, reusable components, libraries, generic modules, frameworks, templates, utilities, development tools, internal systems, reusable integrations, methods, processes, know-how and technical architecture that do not constitute client content.

This is an express contractual provision concerning commissioned software. While the applicable service is active, the client receives the right to use the delivered website or application in their professional or business activity, subject to these Terms and the proposal. A written proposal may grant broader rights or transfer specific deliverables.

12. Transfer and end of service

Cancellation does not automatically include assignment or transfer of a Git repository, source code, Vercel project, Supabase project, infrastructure, third-party accounts or reusable code. Migration, purchase or handover of code and infrastructure may be requested, technically assessed and agreed separately in writing, with its own price where applicable.

At the end of the paid period following valid termination, hosting or the managed service may be deactivated and maintenance and support end. The domain registered in the client’s name, and content and data belonging to the client, remain theirs and cannot be withheld merely because reusable code is not transferred.

Where technically applicable, reasonable arrangements may be agreed to export the client’s business data. The client should request any necessary export before the service ends wherever possible. RafaDesigns retains data after termination only where required by law or reasonably necessary for legal or contractual obligations.

13. SEO and results

RafaDesigns carries out the agreed SEO and local presence work with reasonable professional care, but does not guarantee Google rankings, specific positions, traffic, enquiries, sales, clients, numbers of reviews, revenue or business results.

14. Liability

RafaDesigns is responsible for performing the agreed services with reasonable professional care. It is not liable for losses or delays caused by client omissions, incorrect information supplied by the client, third-party outages or policies, events outside reasonable control or unauthorised changes by third parties.

The client remains responsible for their business decisions and the content they supply. Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by mandatory law.

15. Changes to the Terms

RafaDesigns may update these Terms because of legal or regulatory changes, security, operational changes or service development. Material changes affecting active clients are communicated on a durable written medium before taking effect, where reasonably required. They do not retrospectively remove rights already acquired in periods already paid.

16. Governing law and disputes

These Terms are governed by Portuguese law. The parties must first seek to resolve any dispute directly and in good faith. If no agreement is reached, the dispute is submitted to the competent Portuguese courts determined by the applicable procedural rules. Mandatory jurisdiction rules always prevail.