Terms and Conditions

These Terms and Conditions ("Terms") govern your use of the Conta Plena website at contaplena.pt ("the Website"), operated by Conta Plena - Contabilidade & Fiscalidade, Lda. ("Conta Plena", "we", "us" or "our"). By browsing the Website, submitting an enquiry, or requesting a consultation, you confirm that you accept these Terms and agree to comply with them. If you do not accept them, please do not use the Website.

These Terms cover use of the Website only. Any accounting, tax or consulting services you engage us to provide are governed by a separate written engagement letter or service agreement, which takes precedence over these Terms for the scope, fees, obligations and delivery of those services.

1. About Conta Plena

Conta Plena is an accounting, tax and business consulting firm based in Funchal, Madeira, Portugal, serving individuals and companies, including international clients operating in or relocating to Madeira. Our registered details are:

• Conta Plena - Contabilidade & Fiscalidade, Lda.
• Registered office: Impasse Água de Mel, N.º 2, 9020-063 Funchal, Madeira, Portugal
• Company registration / NIPC: 518710378
• Email: geral@contaplena.pt
• Phone: +351 938 023 952

2. Scope and acceptance

These Terms apply to every visitor to the Website, whether or not you submit an enquiry or become a client. By using the Website you confirm that you are at least 18 years old and, where you act on behalf of a company or other organisation, that you have authority to bind that organisation to these Terms.

The Website is published in English and Portuguese. Both versions are provided for convenience. In the event of any inconsistency between the two, the English version prevails.

3. The Website is informational only

The Website exists to describe our firm and the services we offer, to publish general information about accounting, tax and business matters in Madeira and Portugal, and to allow you to contact us. It is not a sales channel. No service is sold, ordered, contracted or paid for through the Website, and no account, client portal or login area is provided.

Service descriptions, indicative prices and package summaries published on the Website are provided for general information only. They are an invitation to make contact, not an offer capable of acceptance, and they do not create any obligation on our part to provide services at any stated price or on any stated terms. Any price actually payable is confirmed in a written proposal issued to you.

4. No professional advice and no client relationship

No client relationship, retainer or duty of care arises from your use of the Website. Submitting an enquiry form, sending us an email, telephoning us, or booking or attending an introductory consultation does not create a client relationship. A client relationship begins only when we have issued a written engagement letter or service agreement setting out the scope, fees and terms of the work, and you have signed or otherwise confirmed acceptance of it in writing, and we have completed any client identification checks required of us by law.

Until that point, we owe you no professional duty in respect of the matter you have raised, we do not monitor deadlines on your behalf, and you should not assume that any comment made in preliminary correspondence or in an introductory meeting is advice you may act upon.

Tax, corporate and residency rules affecting Madeira and Portugal change frequently, and content published on the Website may cease to be accurate after the date of publication. We are under no obligation to update published content, and we accept no liability for any action taken, or not taken, on the basis of general content on the Website.

5. Enquiries and consultation bookings

The Website provides enquiry forms and a consultation booking facility. Enquiry forms are processed by Formspree, and consultation bookings are handled through Microsoft Bookings. Your use of these features is subject to the availability of those third-party services, for which we are not responsible.

When you submit an enquiry or request a booking you agree to provide accurate, current and complete information. We will make reasonable efforts to respond within a reasonable period, but we do not guarantee a response within any particular timeframe, nor availability on any particular date or time. A booking is confirmed only when you receive a confirmation from us.

We may decline, reschedule or cancel a consultation at our discretion, including where the matter falls outside our expertise, where we identify a conflict of interest, or where we are unable to act for regulatory reasons. Where possible we will give reasonable notice.

Please do not send confidential documents, identity documents, bank details or sensitive personal data through the Website forms. Where documents are needed, we will agree a secure method with you. Information submitted before an engagement is in place is not covered by professional secrecy in the same way as information exchanged under a signed engagement, although we will treat it confidentially in accordance with our Privacy Policy.

6. Fees and payment

Use of the Website is free of charge. Submitting an enquiry and booking an introductory consultation are free of charge unless we tell you otherwise in writing before the appointment. No payment is taken through the Website and we do not process card or bank details on the Website.

Fees for accounting, tax or consulting services are set out in the written proposal or engagement letter issued to you, and are subject to the payment terms agreed at that stage rather than to these Terms. All fees are exclusive of VAT unless stated otherwise.

7. Availability of the Website

We aim to keep the Website available and up to date, but we provide it on an "as is" and "as available" basis. We do not warrant that the Website will be uninterrupted, error free, secure, or free from viruses or other harmful components. We may suspend, withdraw, discontinue or change all or any part of the Website without notice, and we will not be liable to you for doing so.

You are responsible for configuring your own devices and software to access the Website, and for using your own virus protection.

8. Acceptable use

You may use the Website for lawful purposes only. You agree not to:

• Use the Website in any way that breaches applicable local, national or international law;
• Attempt to gain unauthorised access to the Website, the server on which it is stored, or any connected server, computer or database;
• Submit false, misleading, fraudulent or impersonating information through any form on the Website;
• Submit unsolicited commercial messages, spam or content that is defamatory, offensive or infringes the rights of others;
• Use automated systems, scrapers, crawlers or data-mining tools to extract content from the Website for commercial purposes, or to train or develop artificial intelligence systems, without our prior written consent; or
• Introduce viruses, trojans, worms or other material that is malicious or technologically harmful, or attempt any denial-of-service attack.

We may suspend or restrict your access to the Website, and report any breach to the competent authorities, where we reasonably believe these Terms have been breached.

9. Intellectual property

All content on the Website, including text, graphics, logos, icons, images, layout, design and source code, is owned by or licensed to Conta Plena and is protected by copyright, trademark and other intellectual property rights under Portuguese and international law. The Conta Plena name and logo are our trademarks and may not be used without our prior written consent.

You may view, download and print pages from the Website for your own personal or internal business use, provided you do not modify the content and you retain all copyright and proprietary notices. You may not otherwise reproduce, republish, distribute, sell, adapt or create derivative works from any part of the Website, in any medium, without our prior written consent.

10. Third-party links and services

The Website may contain links to, or embedded content from, third-party websites and services, including scheduling, form-handling, mapping, analytics and social media providers. These are provided for your convenience and do not imply any endorsement by us.

We have no control over the content, availability, security or practices of third-party websites and services, and we accept no responsibility for them or for any loss or damage arising from your use of them. Your use of a third-party service is governed by that provider's own terms and privacy policy.

11. Limitation of liability

To the fullest extent permitted by applicable law, we exclude all conditions, warranties and representations, whether express or implied, that may apply to the Website or its content.

We shall not be liable for any loss or damage, whether in contract, tort including negligence, breach of statutory duty or otherwise, arising out of or in connection with your use of, or inability to use, the Website, or your reliance on any content published on it. This includes loss of profits, revenue, business, opportunity, goodwill, anticipated savings or data, and any indirect or consequential loss.

Nothing in these Terms excludes or limits our liability for fraud or fraudulent misrepresentation, for death or personal injury caused by our negligence, or for any other liability that cannot lawfully be excluded or limited under Portuguese or European Union law, including mandatory consumer protection rights. Nothing in these Terms limits or excludes our professional liability in respect of services delivered under a signed engagement letter, which is addressed in that engagement letter.

12. Indemnity

If you use the Website in a business capacity, you agree to indemnify and hold harmless Conta Plena, its partners, employees and agents against any claim, liability, loss, damage or expense, including reasonable legal costs, arising from your misuse of the Website, your breach of these Terms, or your infringement of the rights of any third party. This clause does not apply to consumers.

13. Privacy and cookies

Our collection and use of personal data through the Website, including our use of cookies, is described in our Privacy Policy, which forms part of these Terms by reference. Please read it before submitting any information through the Website.

14. Consumer dispute resolution

If you are a consumer resident in Portugal and a dispute arises that we are unable to resolve directly, you may refer the matter to an alternative dispute resolution entity in accordance with Law no. 144/2015 of 8 September. The entity with territorial competence for the Autonomous Region of Madeira is:

• Centro de Arbitragem de Conflitos de Consumo da Região Autónoma da Madeira (CACCRAM)
  Website: www.srrh.madeira.gov.pt

Further information on consumer arbitration entities in Portugal is available from the Direção-Geral do Consumidor at www.consumidor.gov.pt. This section is provided for information and does not oblige either party to submit to arbitration except where required by law.

15. General provisions

• Severability: if any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force and effect.
• No waiver: our failure to enforce any provision of these Terms does not constitute a waiver of that provision or of any other.
• Entire agreement: these Terms, together with our Privacy Policy, constitute the entire agreement between you and us in respect of your use of the Website.
• Assignment: we may transfer our rights and obligations under these Terms to another entity, for example as part of a reorganisation of our business. You may not transfer yours without our written consent.
• Force majeure: we are not liable for any failure or delay caused by events beyond our reasonable control.

16. Governing law and jurisdiction

These Terms, their subject matter and their formation are governed by Portuguese law. Any dispute arising out of or in connection with these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the courts of Funchal, Madeira, Portugal. If you are a consumer, this does not deprive you of the protection of mandatory provisions of the law of your country of residence, nor of the right to bring proceedings in the courts of that country where applicable law so permits.

17. Changes to these Terms

We may amend these Terms at any time to reflect changes in our services, the Website, or legal or regulatory requirements. The "Last updated" date at the top of this page shows when they were last revised. The version in force is the one published on the Website at the time you use it, and continued use of the Website after changes are published constitutes acceptance of the revised Terms.