Terms & Conditions - Portugal
1. LEGAL INFORMATION AND ACCEPTANCE
Terms and Conditions
These Terms and Conditions govern the provision of legal services by LEXIDY LAW BOUTIQUE PORTUGAL SOCIEDADE DE ADVOGADOS, SP, RL (“LEXIDY”) to its clients (“CLIENT”). By engaging LEXIDY’s services, CLIENT agrees to be bound by these Terms and Conditions.
These Terms and Conditions form, together with any Proposal, Service and Fees document or Engagement Letter accepted by the Client, a single Agreement governing the services provided by Lexidy
- WORK TEAM
Services shall be rendered by Lexidy’s qualified professionals, duly registered with the Portuguese Bar Association where applicable. Lexidy may engage internal and external collaborators and third-party service providers, subject to confidentiality and professional standards, when deemed appropriate for the proper fulfilment of the mandate.
The services are of an obligation of means and not of result; Lexidy cannot guarantee any specific outcome (such as the granting of visas, NIF, residency permits or approvals by Portuguese authorities)..
- SCOPE OF SERVICES
LEXIDY shall provide legal assistance and guidance to CLIENT in accordance with the terms outlined in this agreement. Such services shall be rendered by LEXIDY’s team members, including assigned lawyers (collectively referred to as “Team Members”). CLIENT acknowledges that the services provided by LEXIDY are primarily advisory in nature, aimed at offering guidance and assistance throughout the legal process. It is understood that the ultimate decision on any matter rests with the relevant Portuguese authorities.
LEXIDY may represent and assist the Client before Portuguese authorities and bodies where legally permitted and expressly agreed in writing. The Client undertakes not to share any documents or materials prepared by LEXIDY, which are protected under intellectual property rights, with third parties without Lexidy’s prior written consent.
- External Dependencies
The execution and timeline of the services provided by Lexidy may be subject to the internal procedures and operational timelines of external entities, including but not limited to the Portuguese Tax Authority, banking institutions, Consular offices, and AIMA (Agency for Migration and Asylum).
These entities operate independently from Lexidy, and their internal policies, workloads, or procedural changes may cause delays or variations in the progress of the Client’s matter. Such factors are outside Lexidy’s control and may affect the delivery schedule or outcome of the services, without constituting any breach of Lexidy’s obligations.
The Client acknowledges that Lexidy has duly informed them of the potential impact of such external circumstances prior to accepting these Terms and Conditions.
Accordingly, and without prejudice to Clause 4 (Refunds Policy), any delay, interruption, or disruption resulting from the conduct or policies of external entities shall not entitle the Client to any refund, whether partial or total, of the fees paid to Lexidy, except where a specific refund commitment applies, such as in the case of Digital Nomad Visa or D7/Passive Income Visa services.
For the avoidance of doubt, Lexidy does not warrant or guarantee any specific processing times, outcomes, or decisions by such external entities.
- REPRESENTATION AND JURISDICTION
LEXIDY shall represent and assist the Client solely within the jurisdiction of Portugal and before Portuguese authorities and institutions, where legally permitted and expressly agreed in writing.
The Client agrees not to disclose or reproduce any confidential documents, templates, or materials provided by LEXIDY, which are protected by intellectual property rights, except for their own strictly personal use in connection with the services.
- INVOICING
VAT (23%) will be separately charged (if applicable) as well as other necessary expenses paid in advance on the CLIENT’s behalf, such as certifications, translations, notarization, legalisations/apostille, transportation costs, shipment of documents, etc.
The client is obligated to provide all supporting documentation required for correct invoicing and VAT treatment. In the absence of such documentation, the applicable VAT will be charged.
The payment of our fees and the payment schedule are not contingent upon the successful delivery of the service or the outcome of the application. A possible reapplication or appeal is subject to a new Services and Fees Proposal and is not included in the services contained in the present document.
In the event of an agreed second payment, where the quote provides for two instalments, the second instalment shall fall due within a period of four (4) months for Immigration services, two (2) months for Corporate services and six (6) months for Real Estate services. This instalment forms part of the agreed payment schedule for the overall service and shall become payable provided that Lexidy has duly commenced and continues to provide the agreed services in good faith. This provision shall not affect any statutory right of withdrawal that may apply to consumer Clients or any refund that may be due under the “Refunds Policy” section below.
Incurred expenses for any diligence to perform the contracted services outside the metropolitan areas of Lisbon and Oporto will be subject to a new Services and Fees Proposal, after confirmation by the client.
Payments may be processed through third-party platforms or financing providers. These services operate independently and are governed by their own terms. Lexidy accepts no responsibility for its availability, authorisation, delays, or technical performance. The Client remains fully responsible for ensuring full payment for the services is duly completed to Lexidy. Choosing instalments does not reduce this obligation, and any unpaid balance may be claimed directly from the Client.
Such third‑party costs and official fees shall in all cases be non‑refundable, irrespective of the outcome of the matter or any termination of the engagement.
- Refunds Policy
Lexidy’s professional fees are strictly non-refundable and are independent of the outcome or success of any application or service.
However, by way of exception, Lexidy may authorise a refund of fees in the event that a visa application is rejected due to an error directly attributable to Lexidy. This exception applies only to the following services:
- Digital Nomad Visa – Spain
- Non-Lucrative Residence Permit – Spain
- Digital Nomad Visa – Portugal
- D7 Passive Income Visa – Portugal
- Visitor Visa – France
- Talent Passport – France
- Elective Residence Visa – Italy
- Financially Independent Person Residence Permit – Greece
- No other services or jurisdictions are eligible for reimbursement, unless expressly agreed in writing.
No other services or jurisdictions are eligible for reimbursement, unless expressly agreed in writing in the specific Proposal or Engagement Letter.
- Right of Withdrawal
When the Client acts as a consumer and the Contract is concluded at a distance or off‑premises, the Client shall have a period of fourteen (14) calendar days from the date of payment to withdraw from the Contract without giving any reason.
To exercise this right, the Client may send an email to the address indicated in the Proposal, clearly stating their decision to withdraw from the Contract. Lexidy will acknowledge receipt of the withdrawal on a durable medium.
If the Client expressly requests Lexidy to begin providing the services during this 14‑day period, the Client acknowledges and agrees that, in the event of withdrawal, Lexidy will be entitled to the proportion of the agreed fees corresponding to the services effectively provided, work performed and time spent up to the date on which the Client communicates the withdrawal. Any official fees, translations, notarizations, legalisations and other third‑party costs already incurred on behalf of the Client will in all cases remain non‑refundable.
The Client further understands and accepts that the statutory right of withdrawal will be lost if the services have been fully performed within the 14‑day period, provided that the Client has given prior express consent for the services to commence during that period and has expressly acknowledged that they would lose the right of withdrawal once the services have been fully performed.
Early Termination by the Client and Commercial Refund Policy
If the Client terminates the engagement for reasons not attributable to Lexidy, and in the absence of any negligence, malpractice or breach of professional obligations by Lexidy, the following commercial refund policy shall apply, without prejudice to the statutory right of withdrawal described above:
- Up to the 14th day from the date of engagement: a full refund of the fees paid shall apply, subject in all cases to the deduction of any proportionate fees corresponding to work already performed, time invested or services rendered up to the date of termination, as well as any non‑refundable third‑party costs.
- From the 15th to the 30th day from the date of engagement: 50% of the fees paid shall be refunded, provided that the service has commenced, subject to deduction of the value of work already performed, time invested, services rendered and non‑refundable third‑party costs.
- From the 31st to the 45th day from the date of engagement: 25% of the fees paid shall be refunded, subject to the same deductions mentioned above.
- From the 46th day onwards: no refund of professional fees shall be due.
In all cases, official fees, translations, notarizations, administrative charges and any other external expenses incurred on behalf of the Client shall be non‑refundable under any circumstances.
- ANTI-MONEY LAUNDERING REGULATIONS
LEXIDY will require CLIENT’S participation to provide the services of this contract. We consider the information provided in the delivered KYC file to be accurate and complete and should be updated as necessary.
LEXIDY is subject to the rules of prevention of money laundering and terrorist financing provisions of Law 83/2017. According to Article 4.2 (d), the beneficial owner of the interest derived from this professional assignment must be identified. LEXIDY may use providers of electronic identification services to confirm the identity of CLIENTS who are individuals, and of directors, other corporate officers, or beneficial owners of such CLIENTS.
The provision of the service to be contracted may not commence until the KYC has been completed and the information has been correctly corroborated. In addition, if the KYC has not been completed within 15 days, Lexidy reserves the right to reimburse the amounts paid and to completely cancel the provision of the service, as well as to request a signed declaration as proof of the source of funds.
Therefore, in order to comply with Lexidy’s internal policies and with the applicable anti‑money laundering and counter‑terrorist financing regulations, it will be necessary, before accepting any Assignment or commencing Lexidy’s participation in the Services, that the Client has provided documentation accrediting both its identity and its business or professional activity and, where applicable, the identity of its beneficial owners and their control structure, by any appropriate means (post or courier service, documents attached to emails, etc.).
Additionally, in exceptional circumstances and in the application of the regulations on the prevention of money laundering and the financing of terrorism, LEXIDY may be obliged to inform the Portuguese Money Laundering Prevention. Additionally, in exceptional circumstances, Lexidy may be obliged to report certain transactions or assignments to the Portuguese competent authorities for the prevention of money laundering and terrorist financing, in accordance with Law no. 83/2017.
LEXIDY may be obliged to notify the Portuguese Executive Service for the Prevention of Money Laundering and the Financing of Terrorism of the existence of any Assignment that presents indications or certainty of being related to money laundering or the financing of terrorism, without being able to disclose such notification to the Client and may even be legally obliged to interrupt work on the Assignment on which it is advising. In this case, LEXIDY shall not be liable for any damages or delays that may arise for the Client in the fulfilment of the obligations arising from said regulation.
- PROFESSIONAL INDEMNITY INSURANCE
Lexidy Group is covered under the professional liability insurance policy issued by GENERALI España, S.A. de Seguros y Reaseguros.
This policy provides coverage of up to 2,000,000.00 EUR per claim, including legal defence costs and damages in accordance with the policy’s terms.
The limitations of liability set out in these Terms and Conditions are intended to operate in harmony with, and not in excess of, the coverage provided under this professional liability insurance, without prejudice to any mandatory legal provisions that may apply.
- RESPONSIBILITY
Client’s Responsibility
The Client acknowledges that all decisions concerning the execution, follow-up, and implementation of any legal advice, opinion, or recommendation provided by Lexidy are made at the Client’s own risk and responsibility. Lexidy shall not be responsible for any action or inaction taken by the Client based on such advice.
The Client is solely responsible for the accuracy, completeness, and timeliness of all information and documentation provided to Lexidy, including documentation required for Know Your Customer (KYC) procedures. Lexidy shall not be liable for any delays, damages, or negative consequences arising from the use of incomplete, false, inaccurate, or delayed information provided by the Client.
Nature and Scope of Services
Lexidy does not assume or exercise decision-making powers of the Client’s governing or management bodies. Lexidy shall not act on behalf of the Client or intervene before third parties, unless expressly authorised in writing by the Client. Any such intervention will be carried out in the Client’s name and under the Client’s exclusive responsibility. The relationship between the Client and Lexidy shall not constitute, unless expressly agreed in writing, any agency, employment, mandate, or representation arrangement.
Limitation of Liability
Lexidy shall only be liable to the Client for damages directly caused by proven fraud or gross negligence by Lexidy or its professionals in the course of service delivery.
In all other cases, and where permitted by applicable law, Lexidy’s liability shall be limited to direct damages that were foreseeable and directly attributable to Lexidy at the time of accepting the relevant engagement, subject to the following monetary caps:
- For recurring or ongoing services (or engagements exceeding one year): a maximum of six (6) months’ worth of fees paid for the relevant service.
- For one-off or short-term services (duration under one year): a maximum of three (3) times the total fees paid for such service.
- If no fee was paid for the service, but the client was given a written guarantee regarding its delivery, any potential liability shall be limited to an amount not exceeding the equivalent of the service fee. This limitation does not apply in cases of fraud or gross negligence and shall not affect mandatory consumer rights where applicable.
These limits shall not apply to consumers where such restrictions would conflict with mandatory consumer protection legislation.
In all cases, the Client must submit a detailed written claim within three (3) years from the end of the service provision. Claims submitted after this period will be time-barred, except in cases of fraud, for which the applicable statutory limitation period shall apply. In the case of consumers, mandatory statutory limitation periods shall prevail.
Exclusions
Lexidy shall not be liable for:
- Any indirect, consequential, or reputational damages;
- Damages arising in whole or in part from the Client’s wilful misconduct, bad faith, gross negligence, or failure to provide timely and truthful information;
- Failures due to force majeure or events beyond Lexidy’s reasonable control.
Liability, if any, shall be owed exclusively to the Client and not to any third parties who may use or rely upon the services rendered by Lexidy.
LEXIDY shall not be liable for any outcomes or decisions made by the Portuguese authorities, as the ultimate determination rests with said authorities. Furthermore, LEXIDY shall not be liable for any indirect, incidental, or consequential damages arising from the provision of its services.
- TERMINATION OF ENGAGEMENT
- Confidentiality
Lexidy undertakes to treat all information received from the Client with the strictest confidentiality, which shall survive the termination of the engagement indefinitely, unless disclosure is required by law or competent authority.
- Termination of Legal Engagement
The legal relationship between Lexidy and the Client shall be deemed terminated when Lexidy ceases to be actively involved in the matter for which it was engaged.
Lexidy may, at its discretion and in accordance with applicable professional conduct rules, terminate the provision of services and representation of the Client for justified reasons, including but not limited to:
- Non-compliance with anti-money laundering (AML), Know Your Customer (KYC), or conflict-of-interest procedures;
- Lack of cooperation or communication by the Client;
- Failure to provide required documents or information necessary for service execution;
- Actions or requests by the Client that are unethical, illegal, or contrary to Lexidy’s professional obligations;
- The development of a conflict of interest;
- Persistent failure to meet agreed payment obligations;
- Serious breach of these Terms and Conditions or any other contractual agreement in force between the Parties.
In such cases, Lexidy shall provide written notice to the Client, and the Client shall be responsible for all fees and expenses accrued up to the effective date of termination. If the representation has not yet begun, and services were pre-paid, Lexidy may retain an amount proportional to the preparatory work undertaken.
- Inactivity by the Client
If the Client fails to respond within one (1) year to a written request and at least two (2) follow-up communications requesting essential documentation or action necessary for the provision of services, Lexidy reserves the right to terminate the engagement unilaterally. No refund shall be due for any fees paid. Termination shall be communicated in writing with reference to the unresponsiveness.
Any amounts retained by Lexidy in such cases shall be deemed to cover the work already performed, time invested, and administrative costs incurred up to the date on which the engagement is deemed terminated.
- Return of Materials
Upon termination of services, Lexidy shall return to the Client all original documents and materials provided by the Client upon request, except those that are required to be retained by law or for Lexidy’s legitimate record-keeping purposes. The Client shall likewise return any materials or property belonging to Lexidy.
In the case of digital records or confidential information, Lexidy may retain anonymised or redacted versions for internal compliance and quality assurance purposes, to the extent permitted by applicable law.
- APPLICABLE LAW AND JURISDICTION
The formation, validity, performance and interpretation of this Agreement or any of its revisions, modifications or amendments shall be governed in all respects and construed in accordance with Portuguese Law. The place of jurisdiction shall be exclusively the city of Lisbon.
Any dispute, controversy or claim arising out of or relating to this Agreement or any of its revisions, modifications or amendments, including, but without being limited to, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to mediation in accordance with the CAC (Mediation Centre at the Centro de Arbitragem Comercial). The place of the mediation shall be Lisbon. The language to be used in the mediation shall be Portuguese/English. In complex cases (above € 5000,00), Portuguese Courts, namely in Lisbon, will be considered proper to resolve the dispute fairly.
- CONFIDENTIALITY
- Professional Secrecy
Lexidy shall be bound by the duty of professional secrecy in accordance with the applicable legal and ethical standards governing the legal profession in Portugal, including the Estatuto da Ordem dos Advogados and other relevant legislation. This duty shall continue to apply indefinitely, even after the termination of the contractual relationship. All lawyers, staff, and collaborators of Lexidy shall maintain in strict confidence any information to which they may gain access in the course of their professional duties, except where disclosure is required by law or by express instruction of a competent authority.
- Legal Disclosure Obligations
Notwithstanding the foregoing, Lexidy may be required to disclose certain information to competent authorities pursuant to:
- Portuguese and European legislation on the prevention of money laundering and terrorist financing;
- Council Directive (EU) 2018/822 of 25 May 2018 (DAC6) and its respective Portuguese implementing legislation.
In such cases, Lexidy shall act in good faith and, where permitted by law, inform the Client of such disclosures. Lexidy shall not be liable for any consequence resulting from compliance with these legal duties.
- Mutual Confidentiality Undertaking
The Parties mutually undertake to:
- Share only the information reasonably required for the proper execution of the Agreement;
- Maintain the confidentiality of all such information both during the term of the Agreement and after its termination;
- Not disclose, disseminate, or use any such information for any purpose other than that agreed herein;
- Refrain from disclosing any details relating to clients, leads, commercial contacts, or internal communications, without the prior written consent of the other Party.
- Share only the information reasonably required for the proper execution of the Agreement;
- Definition of Confidential Information
“Confidential Information” shall, for the purposes of this Agreement, include but shall not be limited to:
- Technical, legal, tax, financial, and commercial information;
- Business models, strategies, and know-how;
- Names and contact details of clients or prospective clients;
- Details of projects, commercial proposals, and operations under consideration;
- Market studies, forecasts, internal reports, memoranda, or analyses;
- Internal discussions or correspondence relating to the engagement;
- Any information disclosed, directly or indirectly, whether orally, in writing, electronically, or by any other means, in connection with this Agreement.
- Technical, legal, tax, financial, and commercial information;
- Exceptions to Confidentiality
Information shall not be considered Confidential Information where it:
- Is or becomes publicly available other than as a result of a breach of this Agreement;
- Is lawfully received from a third party not bound by confidentiality;
- Was already known by the receiving Party prior to disclosure;
- Must be disclosed by law, court order, or regulatory obligation, provided that, where possible, the disclosing Party gives prompt written notice to the other Party (unless prohibited by law).
- Is or becomes publicly available other than as a result of a breach of this Agreement;
- Information Security and Third-Party Access
Each Party shall:
- Take appropriate technical and organisational measures to prevent unauthorised access, disclosure, or misuse of Confidential Information;
- Ensure that employees, advisers, subcontractors, or other representatives who may have access to Confidential Information are bound by confidentiality obligations equivalent in scope to those contained herein;
- Implement safeguards against security threats or data breaches that could compromise the integrity or confidentiality of such information.
- Consent to Disclosure
If either Party intends to disclose Confidential Information for any reason not permitted under this Agreement, it shall first obtain the prior written consent of the other Party.
- Return or Destruction of Confidential Information
Upon termination of this Agreement, each Party shall, upon request and to the extent permitted by law, return or permanently delete all Confidential Information received from the other Party, regardless of format or medium, unless retention is required to comply with a legal obligation. In such case, the Confidential Information shall be blocked and safeguarded solely for the required legal duration.
This duty of professional secrecy implies that all lawyers and employees of LEXIDY shall keep secret all facts or news of which they become aware by reason of any of their professional news of which they have knowledge by reason of any of the modalities of their professional activity, except in the cases expressly established by law.
In this regard, the regulations on the prevention of money laundering and the financing of terrorism impose the obligation to report certain transactions to the competent authorities, in the terms established in these Terms and Conditions.
Likewise, in relation to those Assignments which, in accordance with Council Directive (EU) 2018/822 of 25 May 2018 (“DAC-6”) and its internal transposition regulations, are classified as mechanisms subject to reporting, LEXIDY may be obliged to report certain information directly to the tax authorities, under the terms set out in these Terms and Conditions.
The PARTIES undertake to transmit to each other the information necessary to comply with legal obligations and to enable the best possible functioning and performance of this contract.
The PARTIES undertake to keep confidential the information that is originated or transmitted to the other party for the performance of this contract, both during the term of this contract and after its termination, and not to disseminate, transmit or disclose to third parties any information of any leads or clients.
For these purposes, confidential information shall mean any information that may be disclosed orally, in writing or by any other means or medium, tangible or intangible, including, but not limited to:
- Information of a technical, financial, legal, fiscal and/or commercial nature.
- “Know how”.
- Business models and strategies.
- Names of clients as well as their contact details.
- Projects and operations under study or proposed.
- Reports, plans, market projections and data.
- Analyses and working papers, compilations, comparisons, studies.
- Internal conversations held during the collaboration.
- In general, all information exchanged between the PARTIES before or after the signature of this Agreement.
For these purposes, information shall not be considered confidential and shall not be treated as such:
- Is publicly known at the time of its notification and becomes publicly known without any of the PARTIES having failed to comply with the provisions of this agreement.
- Becomes accessible to the public for reasons other than breach of the obligation of confidentiality.
- Information that is public or has been published, reported or disseminated to the public at large.
- Is received through third parties without restriction and without breach of this Agreement.
- Must be disclosed to comply with an order of a judicial or administrative nature.
The PARTIES shall ensure that no third party has access to confidential information provided by them during the provision of the services. The Confidentiality obligations contained in this agreement, shall be extensible to any collaborator, advisor, consultant or any other professional that provides its services to any of the PARTIES, except when the subject of search and seizure warrants or judicial investigations involving crimes or other indications of unlawful activities.
The PARTIES shall take the necessary precautions to protect all devices from security threats, and generally to protect any information from any type of disclosure threat.
If any of the PARTIES pretends to, by any mean, disclose any information that may involve a breach of the confidentiality obligations, such Party shall obtain the written consent of the other Party, except in the ones promoting LEXIDY as Law Firm.
Upon termination of this agreement, the PARTIES shall delete all data or information, provided in any form and on any device, which has been delivered to them by the other Party within the framework of this Collaboration agreement.
- DATA PROTECTION
11.1 Lead management and CRM – Lexidy Tech S.L.
Lexidy Tech S.L. acts as a data controller for the purposes of Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR) and Portuguese Law no. 58/2019 of 8 August, in relation to the personal data it collects through Lexidy Group websites, online forms, landing pages, digital campaigns and its customer relationship management (CRM) platform (currently HubSpot or any successor tool), as well as in relation to the management of leads and pre‑contractual enquiries.
For these purposes, Lexidy Tech S.L. processes identification and contact details and basic information about the Client’s country of interest and requested services in order to (i) manage requests for information, (ii) qualify and route leads within the Lexidy Group, (iii) prepare and send proposals, and (iv) monitor the performance of marketing and business development activities.
Depending on the country, language and type of services indicated, Lexidy Tech S.L. may share such lead and contact data with other entities of the Lexidy Group strictly for internal administration, lead allocation and, where applicable, the performance of services, always under appropriate contractual and security safeguards.
The Client may exercise their rights of access, rectification, erasure, restriction of processing, objection, data portability, and not to be subject to automated individual decisions, including profiling, by contacting Lexidy Tech S.L. at Avinguda Diagonal 442, 1‑1, 08037 Barcelona, Spain, or by email at compliance@lexidy.com. The Client may also lodge a complaint with the Portuguese Data Protection Authority (Comissão Nacional de Proteção de Dados – CNPD) via www.cnpd.pt if they believe their data protection rights have been violated.
11..2 Performance of legal services in Portugal – Lexidy Portugal
For the purposes of GDPR and Portuguese Law no. 58/2019 of 8 August, Lexidy Law Boutique Portugal Sociedade de Advogados, SP, RL (“Lexidy Portugal”) acts as an independent data controller in relation to the personal data it processes in the performance of legal and related services in Portugal (including identification and contact data, immigration and tax data, and real‑estate‑related data).
The Client (the “Data Subject”) is hereby informed of the following:
**Purpose of processing**
The personal data will be processed for the purpose of performing the professional legal or related services covered by this Agreement, managing the contractual relationship, and complying with legal, regulatory and professional obligations to which Lexidy Portugal is subject.
**Legal basis**
The processing is necessary for the performance of a contract to which the Client is a party, or for the implementation of pre‑contractual measures at the Client’s request. In some cases, the processing may also be based on Lexidy Portugal’s legal obligations or, where applicable, the Client’s consent.
**Retention**
Personal data will be retained for the duration of the contractual relationship. Once concluded, the data will be blocked and retained for the period required to comply with applicable legal, regulatory and ethical obligations, and subsequently deleted in a secure manner.
**Data recipients**
Personal data processed by Lexidy Portugal will not be transferred to third parties except:
– where legally required by competent authorities, courts or regulatory bodies;
– to Lexidy Portugal’s data processors (including technology, CRM and infrastructure providers) acting on its behalf under appropriate data processing agreements; and
– to other entities of the Lexidy Group or independent professionals where necessary for the performance of the services (for example, notaries, translators or local counsel), always in accordance with applicable data protection law.
**Rights and contact details**
The Client may exercise, at any time and free of charge, their rights of access, rectification, erasure, restriction of processing, objection, data portability, and not to be subject to automated individual decisions, including profiling, by submitting a written request to Lexidy Portugal at its registered address in Portugal or via the contact details indicated in the applicable privacy notice. The Client also has the right to lodge a complaint with the CNPD via www.cnpd.pt.
- ACCEPTANCE AND ENTIRETY
These Terms and Conditions constitute the entire agreement between the Parties in relation to the subject matter herein and supersede all prior discussions, negotiations, representations, or agreements, whether oral or written.
No waiver, amendment, or variation of these Terms shall be valid unless made in writing and signed by an authorised representative of Lexidy.
- SEVERANCE
If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable, that provision shall be deemed severed from the remainder, which shall continue in full force and effect.
The Parties undertake to negotiate in good faith to replace any such provision with a valid and enforceable one that most closely reflects their original intent.
- AMENDMENTS TO TERMS AND CONDITIONS
Lexidy reserves the right to amend these Terms and Conditions at any time for legal, regulatory, technical, operational, or commercial reasons.
Any material changes shall be notified to the Client by email or via the client portal or other written means. Such changes shall apply only to services contracted after the effective date indicated in the notice, or to engagements not yet commenced.
If the Client does not agree with the modifications, they may request the termination of the engagement with respect to services not yet rendered, without any penalty.
- DEBT RECOVERY AND DATA TRANSFER
In the event that the Client fails to make the payment within the agreed timeframe, LEXIDY reserves the right to transfer the debt to its internal collections department or to collaborating agencies specialised in debt collection. The Client expressly authorises LEXIDY and, where applicable, such collaborating agencies to carry out appropriate actions within the legal framework and in compliance with the GDPR and Portuguese law, for the purposes of locating the Client and managing the collection of the outstanding debt, and, where legally permitted, obtaining information on creditworthiness
In the event of non-payment within the agreed timeframe, Lexidy reserves the right to assign the debt to its internal Collections Department or to authorised third-party debt recovery agencies.
Any registration of debts in credit databases or default registers shall only take place where all legal requirements are fulfilled, including the existence of a due, payable and undisputed debt, prior notice to the Client where required by law, and compliance with applicable data protection and consumer protection regulations.
Personal data may be communicated to external service providers, including debt-collection agencies and legal service providers, acting as processors or, where applicable, as independent controllers, strictly for the purposes of managing unpaid debts and in compliance with applicable data protection laws.
The Client declares that any unpaid amounts are certain, liquid, determined, due, and enforceable, and undertakes to cooperate in resolving the outstanding balance.
Lexidy guarantees that all personal data processed under this clause will comply with applicable data protection regulations and shall be used solely for the purposes set out above.
Additionally, the Client agrees that, in case of default, they may receive automated communications (e.g. SMS, phone calls, emails) from Lexidy or its recovery partners, exclusively for debt notification and resolution purposes.
Late Payment Interest
If the Client fails to pay the invoice within the agreed term, Lexidy shall apply late payment interest at a rate of 3%, or the maximum rate permitted by applicable law if lower, annually, calculated as follows:
- Interest Calculation: The 3% rate, , or the maximum rate permitted by applicable law if lower, will apply to the total outstanding amount, prorated for the number of days overdue;
- Application Period: Interest will accrue from the day after the payment due date until full settlement;
- Payment of Interest: The Client shall pay the total late interest accrued together with the principal. Lexidy will provide a detailed statement of the interest accrued.