Terms and Conditions of Service

• Pack: one of the fixed-scope service packages published on startupack.biz (Starter, Growth, Scale) or a published add-on.
• Deliverable: an individual item within a Pack (for example a logo suite, website, or GTM document) as described on the relevant service page, whose published inclusions, exclusions and revision caps form part of the contract (Annex A).
• Quote: our written offer specifying the Pack, any variations, the price, taxes, deposit, currency and estimated schedule.
• Client: the person or entity accepting the Quote. Consumer: a natural person acting for purposes outside their trade, business, craft or profession.
• Named Approver: the single individual designated by the Client at kickoff as the only person authorised to give feedback, approvals and sign-off.
• Revision Round: one consolidated set of written feedback on a Deliverable, submitted by the Named Approver through the Designated Channel within the Feedback Window. Multiple submissions on the same Deliverable within the same Feedback Window count as one Revision Round.
• Designated Channel: the feedback and support channel we specify at kickoff (client portal, review form, or shared review document). Feedback or support requests received through any other channel (email threads, chat messages, phone or video calls) are not actionable and do not start or stop any deadline.
• Feedback Window: 5 Business Days from delivery of a Deliverable, unless the Quote states otherwise.
• First Concept Round: the first presentation of initial brand or logo concept directions for the project. It is the project’s single refund milestone (clause 10.1); it does not restart per Deliverable or per workstream.
• Business Day: Monday to Friday, 09:00 to 18:00 Lisbon time (WET/WEST), excluding Portuguese public holidays.
• Change Request: any work outside the published scope of the Pack, priced under clause 8.
• Support Window: the post-launch support period included with each Pack (30 days Starter, 60 days Growth, 90 days Scale), starting at Launch.
• Client Materials: content, information, decisions, brand assets and access credentials the Client provides for the project.

2.1. Our sales process is: enquiry, then Quote, then written acceptance, then deposit. The contract is formed when we have received both your written acceptance of the Quote and the deposit.

2.2. Quotes are valid for 30 days from issue.

2.3. The contract consists of, in order of precedence: (a) the Quote; (b) these Terms; (c) the published scope of the purchased Pack as at the Quote date (Annex A). Client purchase-order terms or other standard terms do not apply, even if referenced in the Client’s documents.

2.4. Before you accept, these Terms are made available to you in full and referenced conspicuously in the Quote. Keep a copy; we also archive the version applicable to your order and will resend it on request.

2.5. We may decline any enquiry or Quote acceptance at our discretion before contract formation, including under clause 20 (compliance).

3.1. All prices are stated in euros (EUR) and exclude VAT and other applicable taxes unless stated otherwise. For Consumers in the EU, Quotes state the total price including VAT.

3.2. VAT is applied under the place-of-supply rules in force at invoicing: Portuguese VAT for clients established in Portugal; reverse charge for business clients established in other EU member states that provide a valid VAT number (the client accounts for VAT locally); VAT at the applicable rate for EU Consumers; supplies to clients established outside the EU are generally not subject to Portuguese VAT. The Quote states the treatment applied to your order.

3.3. Withholding and local taxes (business clients only). If the law of the Client’s country requires withholding or deduction from payments to us, the Client shall gross up the payment so that the amount we receive equals the invoiced amount, and shall promptly provide official evidence of the tax withheld so we may seek relief under an applicable double-tax treaty.

3.4. We invoice in EUR only. All bank, intermediary and currency-conversion charges are borne by the Client, except where mandatory law provides otherwise for Consumers.

4.1. A deposit of 50% of the total price is due on Quote acceptance. The balance is due on Launch and, in any case, before final handover of credentials, source files and transfer of rights under clause 14.

4.2. Invoices are payable within 14 days of issue.

4.3. For business clients, late payments accrue interest at the statutory rate for commercial transactions under Portuguese law (DL 62/2013, rate published semi-annually), plus the statutory fixed recovery cost of €40 per invoice. For Consumers, late payments accrue interest at the Portuguese statutory civil rate.

4.4. If any amount is overdue, we may suspend work after 5 Business Days’ written notice. Suspension extends all schedules by at least the length of the suspension.

4.5. Recurring services (clause 11) are invoiced monthly in advance.

5.1. We will perform the services with reasonable skill and care and deliver the Deliverables materially as described in the contract.

5.2. Delivery proceeds in four stages: Discover, Design, Build, Launch. Each stage ends with a sign-off request through the Designated Channel.

5.3. Acceptance. A Deliverable is accepted when the Named Approver approves it in the Designated Channel, or when the Feedback Window expires without a Revision Round being submitted, whichever occurs first. For Consumers, deemed acceptance does not limit the statutory conformity rights in clause 22.3.

5.4. Sign-off closes a stage. Reopening a signed-off or accepted stage is a Change Request, not a revision.

5.5. Timelines. Estimated timelines start when we have received the deposit and the Client Materials due at kickoff. They are estimates, not guaranteed dates, unless the Quote expressly states a guaranteed date. Published indicative timelines (for example “Starter typically ships in 2 weeks”) assume timely Client cooperation under clause 6.

5.6. Performance targets. Published technical targets (for example a Lighthouse mobile performance score of 85+) are measured at handover, on the build as delivered by us, with the assets we optimised. They do not apply to content, scripts, apps or integrations added by the Client or third parties after handover, or to measurements taken under materially different conditions.

5.7. Included sessions. Strategy calls, training and consulting sessions included in a Pack are scheduled by mutual agreement during Business Days. A session cancelled or missed by the Client with less than 24 hours’ notice counts as used. Included sessions expire if unused 90 days after Launch (or 90 days after purchase, for standalone session add-ons).

6.1. Cooperation. The Client shall provide Client Materials, decisions and approvals as reasonably requested and warrants that Client Materials do not infringe third-party rights and comply with applicable law.

6.2. Named Approver. The Client designates one Named Approver at kickoff. Feedback from anyone else is not actionable. The Named Approver may be replaced by written notice, effective on our acknowledgment.

6.3. Content deadline. Client Materials required for a stage are due by the date stated at kickoff. If website content is not provided by that date, we may complete the build with placeholder content, and the affected Deliverable is considered delivered for the purposes of clauses 4.1 and 5.3.

6.4. Response SLA. The Client shall respond to sign-off and information requests within 5 Business Days.

6.5. Parking. If the Client is unresponsive for 10 Business Days at any gate, the project is parked: estimated timelines lapse and the team is reallocated. Reactivating a project parked for more than 30 consecutive days requires payment of a reactivation fee of 10% of the Pack price and is subject to a new schedule based on availability.

6.6. Abandonment. A project parked for more than 90 consecutive days is deemed terminated by the Client. Work completed to date is delivered as-is, amounts already paid are retained to the extent of work performed, and unpaid amounts for completed and in-progress stages become due. Clause 10 prevails for Consumers.

6.7. Standard stack. Deliverables are built on our published standard toolset current at the Quote date (Annex C). Client-requested alternatives are subject to feasibility review and constitute a Change Request.

6.8. Credentials. Where the Client provides access credentials, it does so as account owner; clause 15.4 governs account and domain ownership.

7.1. Each Pack includes the number of Revision Rounds per Deliverable published on the relevant service page at the Quote date (Annex A). Those caps are part of the agreed scope.

7.2. Only feedback meeting the definition of a Revision Round, submitted through the Designated Channel, is actionable.

7.3. Revision Rounds refine the approved direction. A request to pursue a different creative direction after direction sign-off is a Change Request.

8.1. Work outside the published scope, beyond the included Revision Rounds, or reopening accepted stages, is a Change Request.

8.2. Change Requests are priced per the published Change-Request Menu applicable to the Client’s Pack tier at the Quote date; unlisted or oversized requests are quoted individually. Change Requests are approved in writing and payable in advance, and may extend the schedule.

8.3. Rush delivery, where accepted, carries the published surcharge and is subject to capacity.

8.4. Upgrades between Packs. The Client may upgrade to a higher Pack once, paying the difference between tier prices, provided the upgrade is requested within 30 days of the original Pack’s Launch. On upgrade: (a) amounts already paid are credited in full against the higher tier’s price; (b) Deliverables already provided count toward the upgraded scope, and we do not re-deliver items of the same type already accepted (for example, an accepted logo is carried forward, not redesigned, unless the Client purchases an extra concept from the menu); (c) revision rounds already used count against the upgraded tier’s caps; (d) the upgraded project follows a new agreed schedule. After the window, an upgrade is a new project at full price.

9.1. Each Pack includes a Support Window covering in-scope tweaks only: bug fixes, broken links, text corrections, and image swaps in existing modules.

9.2. Outside support: new pages, layout changes, new design directions, new features, new integrations, content production, performance of third-party platforms, and issues caused by changes made by anyone other than us.

9.3. Support requests are valid only through the Designated Channel; we respond within 2 Business Days.

9.4. After the Support Window, work is billed at €75 per hour in 30-minute blocks, or covered by the Website Maintenance add-on.

9.5. Fair use. The Support Window covers a reasonable volume of in-scope requests, up to a total of 6 hours of work across the window. Requests beyond that volume, and bulk requests (for example, replacing images or text across the site wholesale), are quoted as Change Requests or billed under clause 9.4, and we will tell the Client before any charge arises.

Business clients

10.1. A full refund of amounts paid is available if the Client rejects the First Concept Round and withdraws in writing within 5 Business Days of its delivery, before the Build stage begins. Once Build begins, fees are non-refundable and remaining obligations are met through the included Revision Rounds. This concept-stage refund is available once per Client; it does not renew across successive orders by the same Client or its affiliates. Our delivery sequence presents the First Concept Round before strategy documents and templates are released, and clause 10.2 applies to anything already released.

10.2. On any withdrawal or termination, standalone Deliverables already provided (strategy documents, templates, completed calls and training sessions) are deducted from any refund at their published à-la-carte value or, absent one, at a reasonable proportion of the Pack price.

10.3. If we fail to deliver a Deliverable materially as described and do not remedy within a reasonable period after written notice, the Client may terminate the affected part and receive a proportionate refund for the undelivered part.

10.4. We may terminate for the Client’s material breach unremedied 15 days after written notice, and clause 6.6 applies.

Consumers

10.5. If you are a Consumer, you may withdraw from the contract within 14 days of contract formation, without giving any reason, under Decreto-Lei 24/2014 and Directive 2011/83/EU. To withdraw, send an unequivocal statement to team@startupack.biz; you may use the model form in Annex B. We will confirm receipt on a durable medium and reimburse within 14 days using the original payment method.

10.6. Early start. If you want us to begin during the withdrawal period, we require your express request and your acknowledgment that you lose the withdrawal right once the service is fully performed. If you withdraw after an early start but before full performance, you owe a proportionate amount for the services performed up to your withdrawal, calculated against the total price.

10.7. The withdrawal right does not apply (a) to services fully performed with your prior express consent and acknowledgment under 10.6, and (b) to goods made to your specifications or clearly personalised, which includes physical items produced with your commissioned brand assets.

10.8. Clauses 10.1 and 10.2 apply to Consumers only to the extent they are more favourable than this section; otherwise this section prevails.

11.1. Website Maintenance (€99/month). Includes scheduled backups, software updates, security monitoring and minor content adjustments up to 1 hour per month, non-cumulative. Excludes incident recovery, restoration beyond the most recent intact backup, redesigns, new functionality, and failures of third-party platforms; that work is billed at the clause 9.4 rate after an estimate. The Client may cancel at any time, effective at the end of the current billing month; we may cancel with 30 days’ written notice.

11.2. Subscription (from €999/month). Includes one 60-minute strategy session per month and up to 4 hours of asynchronous advisory work per month. Hours do not roll over. Additional work is billed at the clause 9.4 rate or quoted. Either party may cancel with 30 days’ written notice; any minimum initial term is stated in the Quote.

11.3. Fees for recurring services may be revised with 60 days’ written notice, effective at the next renewal. Consumers may cancel before the revision takes effect without penalty.

11.4. Subscription resources. Templates, resources and materials made available under the Subscription are licensed for the Client’s internal business use while the Subscription is active. Materials we customised specifically for the Client remain licensed after cancellation; access to the general resource library ends with the Subscription. Redistribution, resale or sharing outside the Client’s organisation is not permitted.

12.1. Business creation templates, financial projection sheets, GTM documents and consulting sessions are general business tools and professional marketing recommendations. They do not constitute legal, tax, accounting or investment advice, and no outcome (revenue, rankings, conversion, funding) is guaranteed.

12.2. The Client is responsible for its own website’s and business’s legal compliance (including its privacy policy, cookie compliance, consumer information and sector rules). Where we install placeholder legal pages, they are templates requiring the Client’s own legal review.

13.1. Our delivery is human-led and AI-assisted: professionals direct, edit and approve every Deliverable, and generative AI tools are used to accelerate drafting and iteration. Strategy, judgement and quality control remain with people.

13.2. Under Article 50 of Regulation (EU) 2024/1689 (the EU AI Act), we disclose that Deliverables may contain AI-generated or AI-assisted content. Text Deliverables undergo substantive human editorial review, and we assume editorial responsibility for content we publish on our own channels.

13.3. Where a Deliverable includes synthetic images, audio or video that could appear authentic, we mark it as required by Article 50. The Client must not remove legally required markings or disclosures from Deliverables, and is responsible for transparency obligations arising from the Client’s own subsequent use or publication of the Deliverables.

14.1. Assignment. Upon full payment of all amounts due for a Pack, we assign to the Client, in writing by means of these Terms and the delivery record, the economic exploitation rights in the final Deliverables, for all modes of use, worldwide and for the full duration of protection, to the maximum extent permitted by the Authorship Rights and Connected Rights Code. To the extent any formality prevents full assignment of a given right, we grant the Client an exclusive, perpetual, irrevocable, worldwide, sublicensable and transferable licence over that right, and will execute reasonable further documents at the Client’s request and cost.

14.2. Moral rights of individual authors are inalienable under Portuguese law. The authors’ moral rights will be exercised so as not to obstruct the Client’s normal use of the Deliverables as intended by the contract.

14.3. What we retain: our internal methods, processes and know-how; pre-existing and reusable templates, frameworks and components (licensed to the Client non-exclusively and perpetually as embedded in the Deliverables); and concepts, drafts and directions not selected by the Client. Business templates and guides are licensed for the Client’s internal business use; redistribution, resale or publication of the templates themselves is not permitted.

14.4. Third-party assets (fonts, stock imagery, plugins, themes, platforms) remain under their own licences. We will identify licences the Client must hold or maintain, and where a licence is registered to an account, it will be registered to the Client’s account wherever the licensor permits.

14.5. Until full payment, Deliverables are licensed for internal review only.

14.6. Portfolio. We may identify the Client and display delivered work in our portfolio and marketing unless the Client opts out in writing at kickoff.

14.7. Logo and trademark. Responsibility for trademark clearance and registration of names, logos and slogans lies with the Client; we do not perform trademark searches unless expressly quoted.

15.1. Deliverables depend on third-party platforms (hosting, CMS, CRM, e-commerce, payment, email and automation tools). The Client contracts and pays for those platforms directly and is bound by their terms.

15.2. We are not responsible for third-party platform changes, outages, price changes or discontinuation. Adapting Deliverables to such changes after acceptance is a Change Request or maintenance work.

15.3. Payment integrations are configured on the Client’s own merchant accounts; we never hold or process the Client’s customer funds.

15.4. Ownership of accounts. Domains, hosting accounts, platform workspaces and ad accounts are registered in the Client’s name from the start wherever the platform permits. On Launch we hand over all credentials. We keep no administrative access after the Support Window unless the Client subscribes to Maintenance.

15.5. We retain project working files and backups for 90 days after Launch, after which they may be deleted. Source-file handover happens at Launch under clause 4.1.

16.1. Each party shall keep confidential the other’s non-public business information received in connection with the project, use it only for the project, and protect it with reasonable care. This survives for 3 years after the contract ends.

16.2. Exceptions: information that is public without breach, already lawfully held, independently developed, or required to be disclosed by law or a competent authority.

16.3. Clause 14.6 (portfolio) operates as an agreed exception unless the Client opts out.

17.1. We process personal data as described in our Privacy Policy. Controller: ExclusivePixel Ltd.. Complaints may be addressed to the CNPD ( cnpd.pt).

17.2. Where we process personal data contained in Client Materials on the Client’s behalf (for example CRM contact lists), we act as processor under Article 28 GDPR; our Data Processing Addendum, including the list of subprocessors, is available on request and forms part of the contract when personal data is processed on the Client’s behalf.

17.3. Transfers outside the EEA occur only under an adequacy decision or standard contractual clauses.

18.1. Except as expressly stated, services are provided without further warranties. We do not warrant uninterrupted or error-free operation of websites or automations dependent on third-party platforms.

18.2. Neither party is liable for indirect or consequential loss, loss of profit, loss of revenue, loss of business or loss of data.

18.3. Our total aggregate liability under a contract is capped at the total fees paid under that contract in the 12 months preceding the event giving rise to liability.

18.4. Nothing in these Terms excludes or limits liability for fraud, wilful misconduct or gross negligence, for death or personal injury caused by negligence, or for any liability that cannot be excluded or limited under applicable law. For Consumers, the limitations in 18.2 and 18.3 apply only to the extent permitted by mandatory consumer law.

18.5. The Client indemnifies us against third-party claims arising from Client Materials or from the Client’s use of Deliverables contrary to the contract or applicable law.

While a project is active and for 12 months after, neither party will solicit for employment the other party’s staff involved in the project, general job advertising excepted.

We do not provide services to persons or entities in territories subject to EU sanctions, or where performance would breach EU or Portuguese law, including export-control and anti-money-laundering rules. We may decline or terminate an engagement creating such exposure, refunding amounts paid for undelivered work.

Neither party is liable for delay or failure caused by events beyond its reasonable control (including outages of essential third-party platforms, natural events, war, labour disputes and acts of authority). Schedules extend by the duration of the event. If the event lasts more than 60 days, either party may terminate the affected part with a proportionate refund for undelivered work.

22.1. Complaints. Send complaints to team@startupack.biz; we acknowledge within 2 Business Days and answer within 15 days.

22.2. Livro de Reclamações. Consumers may also use the Portuguese electronic complaints book at livroreclamacoes.pt, as required of service providers by Portuguese law. The link is also in our website footer.

22.3. Conformity rights. For Consumers, the statutory conformity regime for goods, digital content and digital services (Decreto-Lei 84/2021) applies to the extent the Deliverables fall within it, and nothing in these Terms restricts those rights.

22.4. Alternative dispute resolution. In case of a consumer dispute, the Consumer may resort to the competent consumer dispute resolution entity, which for Lisbon is the Centro de Arbitragem de Conflitos de Consumo de Lisboa. An updated list of RAL entities is available at consumidor.gov.pt.

22.5. Providing this information does not constitute submission to any ADR entity beyond what the law requires.

23.1. Assignment. Neither party may assign the contract without the other’s consent, except that we may assign to an affiliate or to a successor in a merger or business transfer.

23.2. Notices. Formal notices must be in writing to team@startupack.biz and to the Client’s email stated in the Quote, and are deemed received on the next Business Day.

23.3. Severability. If any clause is held invalid, the remainder stands, and the invalid clause is replaced by a valid one closest to its intent.

23.4. Waiver. Failure to enforce a clause is not a waiver of it.

23.5. Amendments. We may update these Terms for future orders; the version in force at the Quote date governs each contract. Changes to recurring services follow clause 11.3.

23.6. Language. These Terms are drafted in English; the English version prevails except where mandatory law gives a Consumer the right to rely on the version in their language.

23.7. Survival. Clauses 12, 14, 16, 17, 18, 19 and 24 survive termination.

24.1. These Terms and each contract are governed by Portuguese law.

24.2. For business clients, the courts of Lisbon, Portugal have exclusive jurisdiction.

24.3. If you are a Consumer, you additionally benefit from any mandatory protection of the law of your country of habitual residence, and you may bring or defend proceedings in that country’s courts where EU jurisdiction rules so provide. Nothing in clause 24.2 limits this.