Terms & Conditions

By accepting the Terms & Conditions, this “Agreement” is entered into between you, herein referred to as the “Client” and GROWIN PORTUGAL, UNIPESSOAL LDA, a duly incorporated limited liability company with an address for the purposes of this Agreement at Largo Do Sol Posto 1, Faro, Portugal, herein referred to as the “Service Provider”.

(Client and Service Provider also individually referred to as a “Party” and collectively referred to as the “Parties”)

WHEREAS, Client would like to retain Service Provider and enter into this Agreement 

NOW, THEREFORE, in consideration of the foregoing recitals and the terms, conditions, and covenants contained herein, it is hereby agreed as follows: 

DEFINITIONS

In this Agreement, the following terms will have the indicated meaning:

• “Agreement” means this Services and Consulting Agreement
• “Starting Date” means the day of Acceptance of this Agreement
  
  

SCOPE OF THE AGREEMENT

The Initial Scope of the Agreement is for the Service Provider to provide the Client with a set of Consultancy Services, herein referred to as Microservices, namely for the Incubation & Acceleration of its Business in Portugal, as described in details in each of the Services.

OBLIGATIONS OF THE SERVICE PROVIDER

• Service Provider will provide the services (the “Services”) as defined and described in each of the Services.
• Service Provider commits to maintain regular communication with the Client through the Messages Channel in the Platform.
  
  

OBLIGATIONS OF THE CLIENT

• The client commits to avail any required documents, input, and information that is requested by the Service Provider in a timely manner to execute the Services
  
  

DURATION, CHARGES, AND PAYMENT TERMS 

• Agreement Duration: The duration of each Service is explicitly stated on the respective Service Page
• Charges for Services: In consideration of the performance of the Services, the Client will pay to the Service Provider the charges (the “Fees”) set forth in each Service Page that includes all applicable taxes and duties.
• Payment Terms: The client will pay to the Service Provider the charges set forth in each Service Page via electronic payment available against an invoice.          
   

REPRESENTATIONS AND WARRANTIES

Each Party represents and warrants that as of the Effective Date:

• It has all necessary corporate power and authority to enter into this Agreement and to perform its obligations hereunder, and the execution and delivery of this Agreement and the consummation of these transactions contemplated by this Agreement have been duly authorized by all necessary corporate actions on its part;
• This Agreement constitutes a legal, valid, and binding obligation of such Party, enforceable against it in connection with its terms;
• The provision of services by the Second Party will be performed with total functional and hierarchical independence with respect to the First Party.
• Service Provider will comply with all applicable laws, rules, and regulations related to its delivery of the Services and the Client will comply with all applicable laws, rules, and regulations related to its receipt of the Services.
  
  

COMPLIANCE WITH LAWS

The Parties will comply with all compulsorily applicable laws, regulations, and other governmental requirements in performing their obligations under the Agreement. 

CONFIDENTIALITY

Client and Service Provider agree not to disclose to third parties information in connection with costs, expenses, ways of doing business or techniques, nor any other information or document received from the other party identified in writing as confidential or as exclusive property, or otherwise received under circumstances in which the recipient would reasonably apprehend such information to be in which the recipient would reasonably apprehend such information to be confidential, except to persons, attorneys, employees, auditors, consultants, agents, subcontractors or other persons, with whom they have a confidential relationship or agreement (collectively, “Representatives”).

Client and Service Provider shall each be responsible for any breach of the provisions of this Section 8 by any of its respective Representatives. Subject to the preceding, under no circumstances may confidential information or documents be disclosed to a third party, affiliate or person who is or is liable to be a competitor of the other Party. During the term of this Agreement and for a period of two (2) years after the expiry or early termination of this Agreement, each Party shall take all reasonable precautionary measures possible in order to avoid disclosure of said confidential or proprietary information to third parties.

CONTRACT DISPUTES AND APPLICABLE LAW

In the event a dispute should arise between the Parties, the Parties shall attempt to resolve it amicably as soon as possible. 

This Agreement shall be governed exclusively by the laws of Portugal 

All disputes arising out of this Agreement or related to its violation, termination, or nullity including the validity of this clause shall be finally settled under the Rules of the Court for Commercial Arbitration in Faro.