GENERAL TERMS AND CONDITIONS FOR ACCESS MANAGEMENT SERVICES (CONSUMER CLIENTS) PROVIDED BY BLUE PLANET TECHNOLOGIES, S.A., trading under its brand HOMEIT, with registered office at Praça Conde de Agrolongo, Edifício GNRation 123, 4700-312 Braga, registered with CRCL under the unique registration and corporate tax number 513908013, with a share capital of €71,080.48.
1. OBJECT
1.1. These General Terms and Conditions, together with the commercial terms, govern the terms and conditions under which Blue Planet Technologies, S.A. (“HOMEIT”) provides access management services and specific services [hereinafter “services”] that are available at any time in its portfolio to the client.
1.2. Each service is also governed by Specific Conditions that regulate the terms and conditions exclusively applicable to the provision of the service, which, after subscription by the client, become an integral part of these General Terms and Conditions.
1.3. In case of conflict of interpretation, the provisions of the General Terms and Conditions prevail over the provisions of the Specific Conditions for the provision of HOMEIT access management services, which are an integral part of this contract.
2. MEMBERSHIP
2.1. Membership in a service, which may be done in person, at home, or by any remote means (telephone, Internet, or other), assumes prior knowledge and acceptance by the client of the provisions of these General Terms and Conditions, the provisions of the applicable Specific Conditions, as well as the commercial terms.
2.2. In the case of in-person or at-home contracting, the date of membership in these General Terms and Conditions, as well as in the applicable Specific Conditions for the service(s) in question, corresponds to the date of their subscription by the client, without prejudice to the provisions of Condition 2.3. In the case of remote contracting, the date of membership in these General Terms and Conditions, as well as in the applicable Specific Conditions for the service(s) in question, corresponds to the date of acceptance by the client of the contractual conditions applicable to the service, without prejudice to the provisions of the following paragraph.
2.4. If it is not possible for HOMEIT to install and/or activate any service, for reasons not attributable to it or due to technical impossibility, membership in the Specific Conditions will cease after communication of such fact to the client, and no compensation will be due to the client for such reason.
2.5. The service(s) requested by the client, by valid request, subsequent to the first membership request, will be included in the scope of the contract, which will consequently be considered modified accordingly.
3. EQUIPMENT
3.1. The client may only use and connect to the HOMEIT service platform terminal equipment (“equipment”) that meets all applicable legal requirements.
3.2 The equipment can be made available for purchase, loan, rental or loan for use, with the following provisions:
a) in case of purchase, the equipment becomes the property of the customer from the date of payment of the corresponding invoice;
b) in case of loan, rental or loan for use, the equipment will remain the property of HOMEIT, and the customer must maintain it in perfect condition, in the location where it was installed and/or use it appropriately, solely for the purposes set forth in the respective Specific Conditions, refraining from assigning, making it available to third parties or making any alterations to it.
3.3 In the case provided for in paragraph a) above, HOMEIT grants the customer a warranty for the equipment, under legal terms. The warranty period for compliance of the equipment shall not be less than the legally prescribed terms, so the minimum warranty period shall be 6 (six) months for equipment intended for professional use, 3 (three) years for new or refurbished equipment and 18 (eighteen) months for used equipment, counted from the date of delivery of the equipment to the customer, provided it is intended exclusively for personal use.
3.4 In the case provided for in paragraph b) of Condition 3.2., the customer shall be liable to indemnify HOMEIT for any damages suffered in case of loss, theft or unavailability of the material and equipment as for damages not resulting from normal use.
3.5 The customer must immediately notify HOMEIT of any loss, theft or disappearance of equipment owned by HOMEIT, and in case of theft, provide proof to HOMEIT of notification to the competent authorities.
3.6 The customer expressly acknowledges and accepts that, in case of equipment rental or loan for use, the repair of breakdowns may involve the replacement of the equipment with another that is technically equivalent.
3.7 Considering the specific service contracted, the customer shall be obliged to return the loaned equipment in perfect condition to HOMEIT’s facilities within 30 (thirty) days after the termination of the service, except for any deterioration resulting from normal and diligent use.
3.8 In case of non-compliance with the provisions of the preceding paragraph, HOMEIT reserves the right to invoice the customer for compensation equivalent to the value of the equipment not returned.
3.9 Whenever it is necessary to replace HOMEIT-owned equipment or repair customer-owned equipment due to a breakdown or technical order, HOMEIT shall not be responsible for any content that may be stored on that equipment, which will be permanently deleted.
3.10 HOMEIT assumes no responsibility.
Due to unavailability of the service, regardless of its duration, caused by a fact attributable to the client, modification works of the installation, or breakdown in the equipment of which they are not the owner.
4. SUSPENSION OF SERVICE
4.1 The provision of any access management service cannot be suspended without adequate prior notice, except in the case of fortuitous events or force majeure.
4.2 HOMEIT is obliged to suspend the provision of any access management service in case of non-payment of the respective invoice(s), after prior notice by letter, email, or SMS (whenever this means is deemed appropriate for the transmission of all communication content) to the contacts provided by the client, with a 30 (thirty) day advance notice, and the client shall be warned of the reason for the suspension and the means available to avoid it and to restore the service, observing in the latter case, notably, what is provided in Condition 9, as well as about the automatic termination of the Contract, pursuant to Condition 18.2.
4.3 Without prejudice to the provisions of paragraph 4.2, in case of non-payment of invoices, HOMEIT may immediately suspend, in whole or in part, access to specific services, i.e., access to services not covered by the scope of access management services.
4.4 The provision of an access management service can only be suspended in case of non-payment of another service if these services are functionally inseparable.
4.5 HOMEIT may also suspend, wholly or partially, the provision of any service in the following cases:
4.6 Without prejudice to the provisions of the previous paragraphs of this Condition and the right of HOMEIT to charge late payment interest in accordance with Condition 13.3 of the General Conditions, non-compliance by the client, and for reasons attributable to them, with the obligation to timely pay invoices entitles HOMEIT to charge, for each occurrence, a compensation of up to €5 (five euros).
4.7 Without prejudice to the provisions of the previous paragraphs of this Condition, if the services are suspended, the restoration of one or more services subscribed by the client is subject to a price set in the current tariff of the respective service, which is an integral part of the Specific Conditions of the respective service and can be consulted at any time on homeit.io.
5. ACCESS, USE AND SECURITY OF THE SERVICE
5.1 The client is responsible for the use of the service(s), which, even if carried out by third parties, with or without the client’s authorization, is presumed, for all contractual and legal purposes, to have been carried out by the client.
5.2 HOMEIT reserves the right to monitor the use of the service and, if necessary, refuse access or deactivate equipment with access to the service attached to an interface when it considers that its use jeopardizes the security and integrity of its platform, interferes with harmful interferences or deteriorates the quality of the service or its operation.
5.3 Access to services supported by the HOMEIT network platform assumes that customers use equipment compatible with the technology used at each moment by HOMEIT and that meets the essential requirements suitable for
connection to the available HOMEIT network platform.
5.4 HOMEIT cannot be held responsible for changes to the technical requirements of equipment indicated in the previous section that result from market and technology evolution to support the contracted service under this agreement.
5.5 If, for reasons not attributable to the client, any of the services provided by HOMEIT remain unavailable for a period exceeding 24 (twenty-four) consecutive or accumulated hours during the billing period, HOMEIT, at the client’s request, will credit the equivalent value of the price that would be due by the client for the provision of the service in question during the period in which it remained unavailable.
5.6 The 24 (twenty-four) hour period referred to in the previous paragraph shall be counted from the moment the unavailability of the service is known to HOMEIT or communicated by the client.
5.7 The deduction or refund to which the client is entitled will be made by credit in the next invoice to be issued by HOMEIT or, if the contractual relationship has ended without this credit being processed, by direct refund, namely bank transfer, within 30 (thirty) days after the date of termination of the contract.
5.8 For the purposes of the provisions of the previous paragraphs, in the case of contracting access management services in a package with additional services, the price to be considered for the calculation of the credit value shall be determined as follows:
a) in the case of unavailability of access management services: the monthly fee of the base package is deducted (i) from all associated discounts, for each HOMEIT Box associated with the package;
b) in the case of unavailability of additional services: the equivalent value of the monthly fee of the additional service, for each HOMEIT Box associated with the package.
5.9. The unavailability of the service which, after being reported to HOMEIT, continues for a period exceeding 15 (fifteen) consecutive days, gives the client the right to terminate the contract without any cost.
6. REPAIR AND CONFIGURATION
6.1 HOMEIT ensures the repair of its own materials and equipment used in the provision of the service(s).
6.2 Whenever it is necessary to access the installation site for the purposes referred to in paragraph 1, HOMEIT shall agree with the customer on the date and time period when the repair will be carried out, through technically qualified and duly identified partner entities.
6.3 Upon being notified of the planned and agreed-upon visit by these entities, the customer shall be obliged to allow their access to ensure the repair of the equipment.
6.4 Whenever optimising the user experience and improving the operating conditions or maintenance operations is convenient, HOMEIT may remotely reformulate the respective technical configurations.
6.5 HOMEIT cannot be held responsible for damages or malfunctions of the services resulting from breakdowns or lack of maintenance and/or repair of the equipment if the interventions intended for their repair are not carried out due to reasons attributable to the customer, particularly when access to their facilities is not possible or there is no possibility of sending the equipment in question to HOMEIT’s technical services.
6.6 Whenever, at the customer’s request, a technical intervention is necessary at the installation site for repair due to malfunction or failure of the service, the costs of the intervention, including travel expenses, shall be borne by the customer when the malfunction is directly or indirectly attributable to them or to the service users and cannot be considered a consequence of lawful, normal, and diligent use of the service and/or equipment. The costs of interventions at the installation site due to equipment breakdowns that are owned by the customer shall always be borne by the customer, except during the warranty period of the equipment and provided that the interventions carried out are covered by the equipment warranty conditions.
7. PERMANENT CUSTOMER SUPPORT SERVICE
In case of malfunction, the customer must immediately inform HOMEIT by sending an email to the address support@homeit.io. HOMEIT ensures the customer technical support service for reporting malfunctions in the services or equipment, during the hours indicated on homeit.io.
8. GUARANTEES AND ADVANCES
8.1 HOMEIT may require the provision of guarantees or their reinforcement if, following the suspension of the service resulting from the non-payment, by the customer, of the respective invoice(s), there is a restoration of the service without the outstanding amount being regularized.
8.2 The guarantee referred to in paragraph 1 of this Condition will not be required, or the guarantee provided by the customer will be returned, if, after settling the debt resulting from the breach, the customer opts for the Direct Debit System (“SDD”) as the payment method for the service.
8.3 The guarantees provided for in this Condition and their reinforcements may be provided in cash or by electronic transfer. Within a maximum period of 30 (thirty) days from the date of termination of the service, and if the guarantee has not yet been released because the prerequisites set out in the previous sections have not been verified, HOMEIT will reimburse the customer the amount of the guarantee provided, less any amounts due.
8.4 In case of a suspension under section 4.5 above, access to the basic services or the specific services in question is restored within 2 (two) business days from the date of the customer’s enrolment in the SDD or after full payment of the amounts due, as the case may be.
9. PRICE
9.1 The prices to be paid by the customer, including service monthly fees, equipment rental, assignment or sale, and service restoration, correspond to what is fixed in the commercial conditions, which are made available to the customer at the time of subscription and are an integral part of the Specific Conditions of the respective service.
9.2 At the beginning of each new calendar year and upon prior notification to the customer, there may be an increase in the monthly fee(s) of the contracted service(s), which will be calculated based on the latest Consumer Price Index for a full calendar year, with reference to the date of said notification, as published by the INE, in the minimum amount of 50 cents, including VAT.
10. BILLING
10.1. The customer has the right to receive free monthly invoices for the contracted services electronically if that is the chosen method by the customer.
10.2. The customer has the option to pay and obtain a receipt for only part of the services listed on the invoice, except if the services are functionally inseparable.
10.3. The monthly fee, when applicable, is due from the start date of the service. In the month in which the service begins, the monthly fee, when applicable, will correspond to the total value of the monthly fee for the service.
11. PAYMENT METHOD AND DEADLINE
11.1. The customer undertakes to settle invoices within the deadline and in accordance with the payment methods indicated therein.
11.2. The activation fee for the service(s), when due, will usually be included in the first invoice sent to the customer for the respective service.
11.3. Late payment interest at the legal rate in force, in accordance with Article 102, Paragraph 3 of the Commercial Code, will be charged on outstanding amounts not paid promptly.
12. RESPONSIBILITY
12.1. HOMEIT shall not be liable for damages arising from the non-compliance or defective performance of contractual obligations, when such is not attributable to it through fraud or gross negligence, and shall not be liable in particular for:
(i) damages caused by the fault of the customer, other users of the Service or any third parties who are not in the service of HOMEIT, or
(ii) non-compliance or defective performance of contractual obligations resulting from compliance with court decisions or administrative authorities, or
(iii) non-compliance or defective performance of contractual obligations resulting from the occurrence of force majeure situations, i.e., situations of an extraordinary or unforeseeable nature, outside the control of HOMEIT and which prevent or harm the performance of contractual obligations.
12.2. HOMEIT ensures that the technological platform on which the services provided by it are based meets the necessary and appropriate requirements for the security of their provision, but cannot guarantee its inviolability by unauthorized third parties. If HOMEIT designs technical solutions to avoid the risk of inviolability, it shall inform the customer thereof, also informing them of the likely costs thereof.
13. DISASSEMBLY
13.1. Within 30 (thirty) days after the termination of the service, the customer undertakes to deliver to HOMEIT’s premises the equipment whose property belongs to HOMEIT, in perfect condition, except for deterioration resulting from normal and diligent use of the equipment.
13.2. In case of non-compliance with the provisions of the previous paragraph, HOMEIT reserves the right to invoice the customer for compensation equivalent to the value of the equipment not delivered or damaged.
14. COMMUNICATIONS AND JUDICIAL CITATIONS/NOTIFICATIONS
14.1. All communications from HOMEIT to the client may be made by any means or contact provided by the client to HOMEIT, such as a postal address, email address, and SMS (whenever this means is deemed appropriate for transmitting the entire content of the communication).
14.2. If the client wishes to contact HOMEIT, they may do so using the contacts made available on homeit.io.
14.3. Judicial citations and notifications to the client shall be made to the agreed domicile, and the client shall undertake to inform HOMEIT of any changes in writing.
15. PERSONAL DATA AND OTHER INFORMATION
15.1. The personal data identified in the adhesion process as being mandatory are essential for the provision of services by HOMEIT. In accordance with the terms set out in the said process, personal data contained therein or provided later by the Client, in accordance with the provisions of applicable law, will be processed and stored electronically, and are intended to be processed by HOMEIT for the purposes of the contractual relationship with the Client and, where authorized by the Client, as set out in section 4, for the purpose of marketing and commercial communications of services and/or products, including by means that allow the receipt of messages independently of the recipient’s intervention, from HOMEIT.
15.2. The Client’s data will be processed by HOMEIT in accordance with applicable law, whenever necessary for a specific service provider. For the purposes of communication and billing, data regarding service usage will be processed for a maximum period of 6 (six) months from the date of registration.
15.3. Traffic, geographic location, profile, and/or consumption data of the Client refers to:
15.3.1 Usage data: any data processed for the purpose of sending a communication through an electronic communications network or for billing purposes, such as the subscriber’s number or identification, address and type of subscriber station; the total number of units charged for the counting period, as well as type, access time (opening of access to a certain space, controlled by the HOMEI system); other payment information, such as advance payments, instalment payments, disconnections, and notices;
15.3.2. Location data: any data processed in the context of an access management service that indicates the geographical position of the terminal equipment of a user of an access management service accessible to authorized users;
15.3.3. Consumption or profile data: data resulting from the adhesion and use of the services, through the functionalities that integrate them, such as the visualization of records of entries in spaces controlled by the contracted systems/services and the use of additional services.
15.4 Pursuant to the respective legal authorization:
15.4.1. HOMEIT may record and keep telephone calls throughout the agreed period of validity, initial or successive, plus the corresponding period of prescription and expiry, for the purpose of proof of commercial transactions or any communication made within the contractual relationship.
15.4.2. HOMEIT may record communications made to the Customer Support Service for the purpose of monitoring the quality of service, whose recording will be kept for the legally prescribed period.
15.5. Under the applicable legislation, the Customer is guaranteed the right to access, rectifier, update, limit and erasure his personal data (except for data that are indispensable to the provision of services by HOMEIT or to comply with legal obligations to which the data controller is subject), the right to withdraw his consent, without compromising the lawfulness of the processing carried out on the basis of the previously given consent, the right to object to their use for commercial purposes by HOMEIT, as well as the right to data portability, which he may exercise by written request addressed to HOMEIT, through the email address: support@homeit.io.
15.6 The omission or inaccuracy of personal data or other information provided by the Client is their sole responsibility.
15.7 The Client may submit complaints to the supervisory authority, currently the National Data Protection Commission (CNPD).
15.8 HOMEIT may disclose the Client’s personal data for the purpose of complying with legal obligations, including to law enforcement, judicial, tax and regulatory entities.
15.9. Third-party entities that process the Client’s personal data on behalf of HOMEIT in the context of service provision are required, in writing, to implement appropriate technical and security measures that, at any given time, meet the requirements set out in applicable legislation and ensure the defence of the rights of the data subject (including the protection of the privacy and personal data of Clients).
16. RESOLUTION
16.1. Except for the case provided for in the following clause, the definitive non-compliance with contractual obligations entitles either Party to terminate the Contract, after adequate notice of 8 (eight) days, without prejudice to any penalty that may arise from such non-compliance.
16.2. If the customer, in the case of being a consumer, does not regularize the outstanding amounts, 30 (thirty) days after the service suspension date in accordance with Clause 4.2. of the General Conditions, the Contract shall be deemed automatically terminated.
16.3. When the service subscription is made through a distance contracting means, the customer, if a consumer, may exercise the right of free resolution, without being required to pay any compensation, within 14 (fourteen) days from the date of subscription to the contractual conditions. When the service subscription is made at the customer’s domicile or during a trip organized by HOMEIT, or by its representative or agent, outside its commercial establishment, the customer may exercise the right of free resolution within 30 (thirty) days from the date of subscription to the contractual conditions. The right of free resolution must be exercised by means of an unambiguous declaration of a resolution addressed to HOMEIT.
16.3.1. Whenever the provision of the service starts at the customer’s request during the exercise period of the right of free resolution, the customer shall be obliged to pay
HOMEIT the proportionate amount for the service provided up to the moment of the resolution communication, including the installation and activation fee, if applicable. 16.3.2. The right of a free resolution shall not apply whenever the provision of the service starts at the customer’s request during the exercise period of the same and the customer acknowledges its cessation at the moment of the installation and/or activation of the service.
16.3.3. In case of exercising the right of free resolution, the customer shall bear the costs of returning the goods and equipment delivered by HOMEIT.
16.4. If a loyalty period is still ongoing, the customer may terminate the contract without any charges related to the non-compliance of the loyalty period (except for HOMEIT’s right to charge for services rendered until the resolution takes effect), under the following situations and in compliance with the other requirements identified in Article 133 of Law No.16/2022, of August 16, in its current wording: a) Change of the customer’s permanent residence location, in case HOMEIT cannot ensure the provision of the contracted service or an equivalent service, particularly in terms of characteristics and price, at the new address;
b) Unforeseeable change of the customer’s permanent housing to a third country;
c) Situation of unemployment of the customer titular of the contract, caused by dismissal initiated by the employer due to a fact not attributable to the customer titular of the contract, which implies the loss of the customer titular of the contract’s monthly available income;
d) Disability for work, whether permanent or temporary, lasting longer than 60 (sixty) days, of the customer, namely in case of illness, which implies a loss of the customer’s monthly available income.
16.5. The right of resolution provided in the previous paragraph must be exercised by the customer through written communication, including by email, addressed to HOMEIT, with a minimum notice period of 30 days regarding the effective date of the resolution
17. DURATION, EARLY TERMINATION, AND TERMINATION
17.1. These General Conditions take effect on the date of adherence or, for Services that involve installation, on the date of respective installation, whichever occurs last. If a loyalty period is associated with the contract (defined in the commercial conditions), which may not exceed 24 (twenty-four) months, the contract will remain in force until the end of the loyalty period, without prejudice to the provisions of the following paragraph.
17.2. These General Conditions are automatically extended after the loyalty period, if any. In the event of automatic renewal of the contract after the end of the loyalty period or if the contract does not have an associated loyalty period, the customer has the right to terminate the contract at any time with a maximum notice period of 1 (one) month in relation to the date of termination, without the customer incurring any costs for terminating the contract, except for those relating to the use of the service during the notice period.
17.3. If the customer chooses to terminate the contract early, that is, before the loyalty period has elapsed, the notice of early termination must comply with the maximum notice period provided in the previous paragraph.
17.4. Notwithstanding the provisions of the previous paragraph, specifically with regard to the provision of Access Management Services, in the event of early termination of the contract, that is before the loyalty period has elapsed, these Services will be disconnected by HOMEIT, ceasing to be provided and invoiced: i) on the last day of the current calendar month, when the request for termination of the contract occurs with a minimum notice period of 15 (fifteen) days in relation to that day, or (ii) at the end of the next calendar month to the one in progress when the request for termination occurs with less than 15 (fifteen) days’ notice in relation to the end of the current calendar month.
17.5. For the purposes of the provisions of the previous paragraphs 19.3. and 19.4., and except in cases of just cause, HOMEIT will have the right to receive an amount relating to the benefits/advantages conferred and identified in the commercial conditions and the contract summary, according to the following formula: (loyalty period – number of months in which the services were active) x (benefits and advantages conferred) / (loyalty period).
18. SUSPENSION AND EXPIRATION OF CONTRACT
18.1 The following are grounds for suspension of the contract:
a) Loss of the location where services are provided;
b) Change of the customer’s residence outside the national territory;
c) Absence from the residence due to serving a prison sentence;
d) Absence from the residence due to a disability, prolonged illness, or dependency on care provided or to be provided by a third party;
e) Unemployment or sick leave.
The suspension of the contract shall remain in force for as long as the justifying reason persists.
18.2. If, for the purposes of clause 18.1, the suspension of the contract continues for more than 180 (one hundred and eighty) days, the client (or their representative, for the purposes of clause 18.1(d)) may request the termination of the contract.
18.4. The situations of suspension and termination indicated in the preceding paragraphs do not give rise to any costs for the client, including costs related to early termination of the contract.
19. AMENDMENT OF CONTRACTUAL CONDITIONS AND TERMINATION OF OFFER
19.1. HOMEIT undertakes to notify the client, through the written means previously indicated, of the changes made, with at least one month’s notice prior to the effective date of the changes. Should the client have the right to terminate the contract, as stated in the previous clause, they will also be informed in the same communication of their right to terminate the contract without costs, which can be exercised by the client within 30 (thirty) days of the notification of the communication of changes in the contractual conditions.
19.2. The right to terminate the contract without associated costs does not apply, in particular, in cases of annual increase of the service(s) and/or tariff(s) contracted, as provided for in clause 9 of these General Conditions.
19.3. In the event of the termination of any service offering, HOMEIT undertakes to notify the client in writing, with a minimum of 15 (fifteen) day’s notice prior to the date of its verification.
20. RESOLUTION OF DISPUTES
20.1. Without prejudice to resorting to the judicial or arbitral courts and entities responsible for the defence and promotion of consumer rights, including the Directorate-General for Consumer Affairs, the client may submit any contractual disputes to arbitration and mediation mechanisms that are or may be legally established, as well as complain to HOMEIT about acts and omissions that violate the legal provisions applicable to the service provision.
20.2. The complaint to be submitted by the client must be presented within a maximum period of 30 (thirty) days, counted from the client’s knowledge of the facts, and registered in the HOMEIT information systems, which must decide the complaint and notify the interested party within a maximum period of 30 (thirty) days from the date of its receipt.
ANNEX I – COMMITMENT PERIODS AND UNLOCKING
1. COMMITMENT PERIODS
1.1. The services provided by HOMEIT may have a commitment period associated, in case of granting customers counterparts, duly identified and quantified in the contract, associated, depending on the case, with the subsidization of equipment, the activation or use of the service or other promotional conditions.
1.2. The commitment periods of the services are those stated in the commercial conditions contracted with the customer, and the conditions of early termination provided in Condition 17 shall apply.
ANNEX II – CONDITIONS FOR THE AVAILABILITY OF ELECTRONIC INVOICING AND ONLINE STATEMENT
I. ELECTRONIC INVOICING
1. OBJECT
1.1. The Electronic Invoicing (“EI”) service consists of the free provision by HOMEIT to the customer of an invoice issued in electronic format for HOMEIT services contracted by the customer at any given time, in accordance with these terms and conditions.
1.2. The EI has the same value as the invoice issued on paper, as it contains all the mandatory information required by law. In addition, as the EI contains an electronic signature, the document issued by HOMEIT satisfies the requirements of the law to ensure the authenticity of its origin and the integrity of its content.
1.3. If the Customer does not adhere to electronic invoicing, they will receive the invoice on paper at the installation address or another address indicated by the customer.
2. SUBSCRIPTION
2.1. Subscription to the EI takes effect with respect to invoices issued after the date of subscription, so the customer will stop receiving the invoice on paper. However, it may happen that the customer receives an invoice on paper if the subscription to EI is made close to the date of issuance of the invoice.
2.2. Subscription to EI is considered to have taken place after acceptance of the “Electronic Invoicing Service Conditions” indicated in point 3.
2.3. Subscription to EI in the context of using a service provided by HOMEIT implies subscription to EI for all HOMEIT services covered by the same billing account.
3. FE SERVICE
3.1. As part of the EI service, HOMEIT makes the EI available to the customer by sending the EI to the email address indicated by the customer (their own or a third party authorized for this purpose);
3.2. For this purpose, the customer must keep their contact information up to date and is also responsible for ensuring space is available to receive invoices in their email inbox, as well as notifying HOMEIT of any changes to the email address.
3.3. If HOMEIT fulfils the obligations referred to in point 3.1 above, the customer is responsible for paying the invoices issued and sent by HOMEIT.
4. DURATION, SUSPENSION AND TERMINATION OF THE EI SERVICE
4.1. The provision of the EI service is for an indefinite period, and HOMEIT or the customer may terminate the service at any time.
4.2. If the customer wishes to terminate the provision of the FE service, they should send an email to HOMEIT (support@homeit.io).
4.3 Termination of the FE service takes effect for invoices issued after the termination request. However, it may happen that the next invoice is still received in electronic format if the termination is made close to the invoice issuance date.
4.4. Without prejudice to the foregoing, HOMEIT may at any time suspend or terminate access to the FE, particularly in cases where it is impossible to deliver the FE to the email address indicated by the customer.
4.5. Upon termination of the FE service, the customer will start receiving invoices in paper format at the billing address indicated to HOMEIT.
ANNEX III – TECHNICAL ASSISTANCE CONDITIONS FOR HOMEIT BOXES, SMART LOCKS, KEYBOARDS AND OTHER EQUIPMENT
1. Without prejudice to the legal regime applicable to the warranty of terminal equipment (“equipment”) sold by HOMEIT, in case of breakdown and if it cannot/should not be repaired under the respective legal warranty of the equipment, HOMEIT provides after-sales service for the equipment sold by it, except if:
a) one or more components necessary for the repair are no longer manufactured by the supplier;
b) the equipment breakdown is related to use outside the conditions provided by the manufacturer;
c) the client cannot prove the legitimate owner of the equipment;
2. HOMEIT will only provide the repair of the breakdown identified by the client when requesting technical assistance, providing a prior estimate subject to client approval, if applicable.
3. The value of the prior estimate (average estimated repair value) accepted by the client may be subject to changes if the breakdown identified does not match the one initially described in the request for technical assistance. In such cases, HOMEIT undertakes to communicate a new estimate to the client, and if the value presented is higher than the initially presented, it is subject to client approval.
4. The estimates provided by HOMEIT are valid for 5 business days after communication with the client. After this deadline, if the client does not respond, the unrepaired equipment will be returned to the client, considering that the estimate was not accepted.
5. The client has responsibility for paying all expenses related to the equipment repair.
6. HOMEIT is not responsible for the loss of any parameterization.
7. To pick up the equipment, the client must present the request for technical assistance, pay the repair value, if applicable, and also return the equipment and/or accessories that may have been provided to them on loan.
8. The expected date of equipment delivery indicated in the request for technical assistance is merely indicative.
9. HOMEIT will contact the client as soon as the equipment is repaired. After 30 days from this contact or unsuccessful attempt to contact, if the required information is not obtained, HOMEIT will return the equipment to the address listed on the request for technical assistance, accompanied by an invoice that must be settled by the client within a maximum period of 30 days.
10. HOMEIT provides a repair warranty period for the equipment according to current legislation.
The repair warranty cannot be activated in the following cases:
a) the breakdown symptoms are not the same as those manifested in the previous repair.
b) the equipment has been subject to technical intervention by unauthorized personnel;
c) the internal or external physical integrity of the equipment is tampered with by external causes;
d) the previous repair was carried out under the responsibility of the customer.
11. The equipment repair period does not prejudice the fulfilment of all contractual obligations assumed by the customer, namely the timely payment of invoices issued by HOMEIT.
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