Terms of Service
Last updated: 2026-09-01
These Terms of Service govern the engagement of website creation, maintenance and hosting services provided by Rúben Moderno through rubenmoderno.xyz. By commissioning a quote or engaging a service, the Client accepts these Terms. The Portuguese version prevails.
1. Service provider
Rúben Moderno, sole trader, tax number 238403670, registered at Rua do Arneiro 117, 3105-121 Ilha, Pombal. Contact: hello@rubenmoderno.xyz. Activity: website creation, maintenance and hosting.
2. Scope
The provider builds custom websites and optionally offers recurring hosting, maintenance, domain and email management, depending on the plan (Independente, Online, Lançamento, Crescimento or Presença Completa).
3. Prices and VAT
All prices are in euros. The provider is under the VAT exemption regime (article 53 of the Portuguese VAT Code), so no VAT is added. Each quote states the date until which the prices in it hold; after that date they may be revised. Setup fees are one-off; monthly fees are billed monthly while the plan is active. An invoice-receipt is issued for each payment.
4. Payment terms
Website creation is paid in two instalments: 50% on commission, to start the work, and the remaining 50% on delivery, before publishing. Accepted methods: MB Way, card and bank transfer. On plans with a monthly fee, the fee only starts when the site goes live. Late payment may suspend the service.
5. Client responsibilities and warranties
The Client agrees to provide the required content, photos, access and information in good time. Timelines depend on the delivery of this content. By supplying material for publication, the Client warrants that: (a) the texts, photographs, videos, music, menus, catalogues and price lists are their own work or that they hold written permission from whoever created them, including from the photographer where the material was produced by a third party; (b) people recognisable in the images — staff, customers or third parties — have consented to their likeness being published on the website; (c) the published information, in particular prices, opening hours, address, licences, terms of sale and, in food service, allergens, is true and up to date, and it is the Client's duty to notify the provider of any change; (d) they hold the licences and registrations required for their activity, including registration with the Portuguese electronic complaints book; (e) the material supplied is not unlawful, does not infringe third-party rights such as trade marks, and is not misleading as to what the business offers. The provider does not verify ownership of rights or the accuracy of the information supplied, and publishes in good faith what the Client provides. The Client is responsible for the content they supply and shall indemnify the provider against any loss, fine or cost of defence arising from a breach of the warranties in this clause, save to the extent the loss results from the provider's own fault.
6. Timelines and delivery
A preview is presented within a week at the latest. Publishing to the Client's domain usually happens 1–3 business days after approval. Timelines are estimates and may vary with Client feedback, scope changes or force majeure.
7. Revisions and scope changes
Each project includes 3 revision rounds. A round is a single batched list of changes, applied and returned for review. Additional rounds and minor changes are billed at €75/hour. Pages, features or scope not in the original quote (e.g. online shop, booking system) are quoted separately and only carried out after approval.
8. Maintenance and hosting plans
Recurring plans renew automatically each month. On the Independente, Online and Lançamento plans the Client may cancel anytime, with no penalty, effective at the end of the paid period. The Crescimento and Presença Completa plans carry a minimum term of three monthly payments, after which the Client may cancel with 30 days' notice; here too there is no penalty and nothing falls due beyond that notice period. After cancellation the site is no longer hosted by the provider; the code remains the Client's property and may be hosted elsewhere.
9. Ownership and source code
The domain is registered in the Client's name from the start, even where the provider handles the registration and bears its cost. On plans that include domain management, that cost is covered by the monthly fee for as long as the contract lasts; on the others it is advanced by the provider and invoiced to the Client at cost. The provider paying does not make the provider the holder: the registration always carries the Client's name and tax number. If, for the Client's convenience or because it cannot be registered in the Client's name at that moment, the domain ends up registered in the provider's name, the provider holds it on the Client's behalf: it is not used for any other purpose, not transferred to third parties, and is transferred to the Client at no additional cost beyond the registrar's fees, within 15 days of a written request — during the contract or at its end. Where the Client is the registrant but the domain sits in a registrar account of the provider's, the Client may at any time require it be moved to an account of their own or to another registrar, and the provider hands over the authorisation code and whatever else is needed, without making it conditional on unrelated outstanding payments. Renewal is the responsibility of whoever holds the registration; where that is the provider, the provider notifies the Client before each renewal, and a lapse caused by the Client not paying is not attributable to the provider. After full payment of the project, the source code is delivered to the Client (GitHub repository) and Client-supplied content remains the Client's property. Third-party software, fonts or images remain subject to their licences.
10. Right of withdrawal (consumers)
If the Client is a consumer, they generally have 14 days to withdraw from a distance contract under Portuguese DL 24/2014. As this is a manifestly personalised, made-to-measure service, the article 17 exception applies: by commissioning and requesting immediate start, the consumer expressly consents to that start and acknowledges losing the right of withdrawal once the service is fully performed. If exercised before completion, the consumer pays for the work already carried out.
11. Warranty and support
The provider fixes errors attributable to it. No commercial results, Google rankings, traffic or sales are guaranteed. Hosting availability depends on infrastructure providers (e.g. Cloudflare, Vercel). Backups are taken by the provider only on the plans that expressly include them; on the others it is for the Client to keep a copy of their content.
12. Limitation of liability
The provider is not liable for indirect damages, data loss caused by third parties, cyber-attacks or third-party service outages. No limitation in these Terms removes the mandatory rights of a consumer Client.
13. Data protection
Processing of the Client's own personal data is governed by the Privacy Policy, an integral part of these Terms. The Client may complain to the Portuguese DPA (CNPD — cnpd.pt).
13.1. Processing on the Client's behalf (GDPR art. 28)
Where the website includes forms — reservations, bookings, quote requests, reviews — or audience measurement (visit statistics), the data of the Client's visitors is processed on the Client's behalf. The Client is the controller; the Provider acts as processor, and this clause constitutes the written contract required by GDPR art. 28(3). Subject matter and duration: hosting, operation and audience measurement of the website, for the term of the contract. Nature and purpose: collecting, storing and forwarding to the Client the requests submitted by visitors, and producing aggregate website usage statistics for the Client. Type of data: for forms, name, email, phone, requested date/time and any free text the visitor writes; for statistics, the page visited, date and time, referring site, country, device type, browser and operating system — with no cookies, nothing written to the visitor's device and no retention of the IP address, which is used transiently to derive the country and then discarded. Data subjects: the business's customers and prospective customers. The Provider undertakes to: (a) process the data only on the Client's documented instructions, including these Terms; (b) ensure that persons with access are bound by confidentiality; (c) apply the technical and organisational measures of art. 32, notably encryption in transit, access control and storage limitation; (d) not engage a sub-processor without authorisation — the infrastructure providers listed in the Privacy Policy being hereby authorised, with prior notice of any change and a right of objection for the Client; (e) assist the Client in responding to data subject rights requests; (f) assist the Client in complying with arts. 32 to 36; (g) notify the Client without undue delay, and never later than 48 hours, upon becoming aware of a personal data breach; (h) delete or return all data at the end of the contract, save where retention is required by law; (i) make available the information needed to demonstrate compliance with these obligations and allow for audits. Audience measurement: statistics are collected by an Umami instance operated by the Provider on its own server, are never combined across different clients' websites, do not feed advertising or visitor profiles and are not shared with third parties. As they involve no storage on the visitor's device and no identification of the visitor, they do not require prior consent; the Client may nonetheless ask for them to be switched off at any time. The data is retained for the term of the contract and, at its end, exported to the Client in an open format and deleted from the Provider's server — or simply deleted, if that is what the Client asks for. Where the Client separately contracts the installation of Google Analytics, it runs in the Client's own Google account and under the Client's responsibility: the Provider only installs and configures it, and the applicable cookie, consent and data transfer rules become Google's, which the Client must reflect in their website's privacy policy. The Provider does not use visitor data for its own purposes, does not sell or transfer it to third parties, and does not use it to contact those visitors.
13.2. Legal texts on the Client's website
Where the plan includes it, the provider drafts the privacy policy and terms of use for the Client's website from the information the Client supplies about their activity. Those texts are written by a web development professional and do not constitute legal advice: the provider does not practise law and is no substitute for a lawyer. The controller of the data collected through the website is the Client, the texts are published in the Client's name, and it is for the Client to validate them — with their own legal support if needed — before publication and whenever their activity changes.
14. Complaints book
This business has an electronic complaints book. You can submit a complaint at https://www.livroreclamacoes.pt.
15. Dispute resolution
For consumer disputes, the consumer may use CNIACC — the Portuguese national consumer arbitration centre (cniacc.pt). Portuguese law applies; a consumer may bring proceedings before the court of their domicile.
16. Changes to these Terms
The provider may update these Terms. The applicable version is the one in force at the date of commission. The Portuguese version of these Terms prevails over any translation.