These terms govern the use of the himuracreativestudio.pt website and set out the general conditions of the services. Every project goes ahead only with a written proposal, with its own scope, price and timeline, which prevails over these terms in case of conflict. The Portuguese version prevails in case of doubt.
1. Who provides the service
The services and the website belong to André Silva, a sole trader (empresário em nome individual), tax number (NIF) 243172869, trading as Himura Creative Studio in Lisbon, Portugal.
Contact: andre@himuracreativestudio.pt and +351 918 522 032. The studio has no shop or office open to the public: email is the address for all communications, including requests, complaints and the exercise of rights.
2. Use of the website
You may browse the website and use its forms for legitimate purposes. You may not attempt to bypass security measures, access restricted areas without authorisation, introduce malicious code, overload the service or collect content automatically in order to reuse it.
The texts, images, code and trademarks on the website belong to the provider or are used with permission. You may quote them with a reference to the source; any other reproduction requires written permission.
3. Demonstrations, reviews and informational content
The demonstrations shown under Work show design and functionality. Names, menus, images, contact details and availability are fictional or illustrative, and a booking made in a demonstration has no effect at a real business. Websites presented as belonging to clients are real and belong to those clients.
The reviews shown on the website come from clients with completed work, who published them on the Himura Creative Studio profile on Google, where they can be checked. The text is reproduced without changes: cuts are marked with […] and translations say so.
The guides and articles are for information only and reflect the date shown in each of them. They do not replace legal, tax or technical advice tailored to your situation.
4. Requests, free review and proposals
Sending a form or asking for a free review creates no obligation to hire. The review is a professional opinion, in writing, on the business online presence.
The proposal sets out the deliverables, pages and languages, integrations, timeline, revision rounds, price, taxes and payment terms, and is valid for the period stated in it.
5. Formation of the contract
The contract is formed when the client accepts the proposal in writing, including by email, and, where applicable, pays the initial amount. In case of conflict, the accepted proposal prevails over these terms.
6. Prices and payment
The prices published on the website are starting prices ("from") for the scope described and may be adjusted after the content and requirements have been reviewed. VAT at the legal rate in force is added to all of them.
For websites, payment is made in two parts: 50% when the project is awarded and 50% at launch. Monthly services are invoiced monthly and can be ended with 30 days notice. Payments are due within the period stated on the invoice.
If a payment is late, the provider may suspend the work or services in progress after notifying the client, and late payment interest at the legal rate is due.
Domain, hosting, licences, photography, translations, paid advertising and maintenance are included only when the proposal says so.
7. Timelines and client cooperation
Timelines start when the project is awarded and the necessary content is delivered. The client provides texts, images, access and approvals within a reasonable time, confirms that prices, opening hours, contact details and legal information are accurate, and guarantees that they hold the rights to what they supply. Delays in any of these move the timeline accordingly.
8. Revisions and changes
The revision rounds included are set out in the proposal. Requests that change the scope after approval are quoted separately and only go ahead with the client agreement. Fixing defects within the scope is never charged as extra work.
9. Delivery and launch
The website is presented in a review version before it is published. It is published once the client approves it, and that approval, or public use of the website, counts as acceptance of the delivery.
10. Ownership and licences
After full payment, the domain, the content created for the project, the final design and the project-specific code belong to the client and are held in the client name. Tools, generic components, libraries and third-party software keep their own licences, which the client may use within the project.
Until full payment, the rights to the work remain with the provider.
11. Portfolio and confidentiality
Unless agreed otherwise, the finished project may be shown in the portfolio, without confidential information. Both parties keep confidential any non-public information they access during the project.
12. Third-party services
Domains, hosting, maps, payments, booking platforms and social networks have their own terms, prices and availability. The provider does not control these services; if something changes, the provider informs the client and proposes an alternative.
13. Data protection
The processing of personal data on the website is described in the Privacy Policy. When a project involves processing personal data on behalf of the client (for example, bookings or requests in a dashboard hosted by the provider), the provider acts as a processor under Article 28 of the GDPR, and that processing is governed by a data processing agreement.
14. Warranty and liability
The service is provided with professional diligence and in line with the accepted scope. Defects attributable to the provider, within that scope, are fixed at no cost.
Search engine rankings, visits, sales and booking volumes are not guaranteed, as they depend on factors outside the provider control.
To the extent permitted by law, the provider liability for damage resulting from the service is limited to the amount paid for the project concerned and does not include loss of profit or indirect damage. These limits do not apply to wilful misconduct, gross negligence, harm to life or physical integrity, or the rights granted to consumers by law.
15. Termination
Either party may terminate the contract if the other fails to meet an essential obligation and does not remedy it within 15 days of written notice. If the client abandons a project in progress, the client pays for the work carried out up to that date.
16. Consumers
If the client is a consumer and the contract is concluded at a distance, the client has 14 days to withdraw without giving a reason, under Decree-Law 24/2014. If the client expressly asks for the service to start during that period, the client pays an amount proportionate to what was provided up to the withdrawal.
In case of a consumer dispute, you may turn to the Lisbon Consumer Arbitration Centre (www.centroarbitragemlisboa.pt) or another alternative dispute resolution body listed on the Portuguese Consumer Portal (www.consumidor.gov.pt).
You may also file a complaint in the Electronic Complaints Book (Livro de Reclamações Eletrónico).
17. Communications and language
Communications may be made by email, which both parties accept as written form. The contract is concluded in Portuguese; versions in other languages are for information only.
18. Changes to these terms
These terms may be updated. Projects in progress are governed by the version in force on the date the proposal was accepted.
19. Applicable law and jurisdiction
Portuguese law applies. For business clients, the courts of Lisbon have jurisdiction. For consumers, the legal rules on jurisdiction and the mandatory rules of the country of residence in the European Union apply.