Terms And Conditions

The owner of the website https://e-residence.com/ is SMARTLINE GmbH (the company is based in Kohlmarkt 16/21a, 1010 Vienna, Austria). By accepting the Terms & Conditions, this “Agreement” is entered into between website user, herein referred to as the “Client” and the owner of the website , herein referred to as  the “Service Provider”. Client and Service Provider also individually referred to as a “Party” and collectively referred to as the “Parties”.

Anyone who registers and applies for any services offered on https://e-residence.com/ through the website is to be considered aware of the terms and conditions of use and processing of personal data and therefore accepts them.

1. DEFINITIONS

In this Agreement, the following terms will have the indicated meaning:

  • “Website” – is the website accessed via the following link: https://e-residence.com/
  • “Agreement” means this Services and Consulting Agreement
  • “Starting Date” means the day of acceptance of this Agreement
  • “Company” means the company that Client will incorporate in Portugal

Platform – means the website on which the Service is available. It is owned, controlled, managed, maintained and/or hosted by https://e-residence.com/

2. OBLIGATIONS OF THE SERVICE PROVIDER

2.1. Service Provider will provide the services (the “Services”) as defined and described in Paragraph 4.

2.2. Service Provider commits to maintain regular communication with the client throughout the duration of the Agreement.

3. OBLIGATIONS OF THE CLIENT

3.1. Client commits to avail any required documents, input, and information that is requested by the Service Provider in a timely manner to execute the work for Service provision.

4. SERVICES AND ITS TERMS OF PROVISION

4.1.Company Incorporation

4.1.1. ​The Initial Scope of the Agreement is for the Service Provider to provide the Client with consultancy services for the establishment of its limited liability Company in Portugal, namely by assisting in the incorporation of the Company, up to its registration with social security and other competent authorities as follows:

  • Drafting bi-lingual powers of attorneys that are necessary to incorporate the Company
  • ​Applying for and issuing Portuguese taxpayer IDs from the competent authorities
  • Applying for and obtaining the Company scope approval and name reservation certificate
  • Drafting bi-lingual articles of association for the incorporation of the Company
  • Providing a registered business address for the Company’s registration in Portugal
  • Executing of all required process steps to incorporate the Company at the Registry
  • Registering the Company with social security and other competent authorities 
  • Facilitating the Company Bank account opening procedure up to Company capital deposit
  • Appointing a chartered accountant and applying for the Company’s start of activity certificate
  • Paying all government fees for taxpayer IDs, Company name reservation, and Company Registration

4.2.2. The Monthly Scope of the Agreement is for the Service Provider to provide the Client with consultancy services for the management of its company in Portugal, namely by providing the following set of monthly services:

  • Receiving the Company’s mail and notifying the Client about all correspondences
  • Scanning and emailing digital copies of all important Company’s correspondences
  • Being the fiscal representative of the Company’s non-EU shareholders in Portugal
  • Informing the Client about the Company’s obligations towards competent authorities
  • Notifying the Client about any changes or updates affecting the Company’s obligations
  • Ensuring the Company is in compliance with mandatory monthly and quarterly filings
  • Facilitating the Company’s payroll management as per the local laws up to 2 employees

4.2. NIF

The Client hereby appoints the Service Provider to represent his/her interests and interests of his/her family members and to undertake the necessary actions on Client’s behalf in Client’s application for the acquisition of NIF (Número de Identificação Fiscal). The scope of work is as follows:

  • Applying for and issuing Portuguese taxpayer IDs from the Tax and Customs Authority (Autoridade Tributária e Aduaneira” ) 
  • Provision of the local tax representative for the period of the 1 year for non residents.

4.3. NHR

The Client hereby appoints the Service Provider to represent his/her interests to undertake the necessary actions on Client’s behalf for registration for the NHR regime in Portugal.

4.4. Immigration services

The Client hereby appoints the Company to represent his/her interests and interests of his/her family members (if applicable) and to undertake the necessary actions on Client’s behalf in Client’s application for the acquisition of Visa D7 or Golden Visa.

The Company shall assist the Client and provide legal consulting during collecting documents and submitting the Client’s application for the acquisition of Visa D7 or Golden Visa.

The Service Provider shall ensure the following services:

  • assistance in the process of selection of real estate properties in Portugal;
  • information support within the process of submission of documents by the Client’s application for the acquisition of Visa D7 or Golden Visa.;
  • assistance in the process of collection of documents by the Client, including the provision of information concerning the list of documents, forms, assistance in obtaining necessary documents, their legalization and/or apostille;
  • assistance in the process of opening a bank account;
  • assistance in the process of obtaining a foreigner’s tax number;
  • preparation of documents for submission to the competent authorities

4.5. Self-employment registration

The Client hereby appoints the Service Provider to represent his/her interests and interests of his/her family members and to undertake the necessary actions on Client’s behalf in Client’s application for the acquisition of NISS (Número de Identificação da Segurança Social). The scope of work is as follows:

  • applying for and issuing Portuguese taxpayer IDs from the Tax and Customs Authority (Autoridade Tributária e Aduaneira”)
  • provision of the local tax representative for the period of the 1 year for non residents
  • self-employment registration by tax representative cost 1000€

5. DURATION, CHARGES AND PAYMENT TERMS 

5.1. Agreement Duration: From the Start Date until cancellation with prior notice from Client by sending an official notice to the Company via email 1 month prior to the termination of this Agreement. All obligations of the Parties, including payment obligations for the Services, which have already been provided up to the date of termination of the Contract, must be performed in full. 

5.2. Charges for Services: In consideration of the performance of the Services, the Client will pay the Service Provider the charges (the “Charges”) plus any applicable taxes and duties.   

6. REPRESENTATIONS AND WARRANTIES

Each Party represents and warrants that as of the Effective Date:

  • It has all necessary corporate power and authority to enter into this Agreement and to perform its obligations hereunder, and the execution and delivery of this Agreement and the consummation of these transactions contemplated by this Agreement have been duly authorized by all necessary corporate actions on its part;
  • This Agreement constitutes a legal, valid and binding obligation of such Party, enforceable against it in connection with its terms;
  • The provision of services by the Second Party will be performed with total functional and hierarchical independence with respect to the First Party.
  • Service Provider will comply with all applicable laws, rules, and regulations related to its delivery of the Services and the Client will comply with all applicable laws, rules, and regulations related to its receipt of the Services.  

7. ​COMPLIANCE WITH LAWS

The Parties will comply with all compulsorily applicable laws, regulations and other governmental requirements in performing their obligations under the Agreement. 

8. CONFIDENTIALITY

8.1. Client and Service Provider agree not to disclose to third parties information in connection with costs, expenses, ways of doing business or techniques, nor any other information or document received from the other party identified in writing as confidential or as exclusive property, or otherwise received under circumstances in which the recipient would reasonably apprehend such information to be in which the recipient would reasonably apprehend such information to be confidential, except to persons, attorneys, employees, auditors, consultants, agents, subcontractors or other persons, with whom they have a confidential relationship or agreement (collectively, “Representatives”).

8.2. Client and Service Provider shall each be responsible for any breach of the provisions of this Section by any of its respective Representatives. Subject to the preceding, under no circumstances may confidential information or documents be disclosed to a third party, affiliate or person who is or is liable to be a competitor of the other Party. During the term of this Agreement and for a period of two (2) years after the expiry or early termination of this Agreement, each Party shall take all reasonable precautionary measures possible in order to avoid disclosure of said confidential or proprietary information to third parties

9. Force Majeure

9.1. The Parties are released from liability for any failure or delay in the performance of the obligations arising herein, where such failure or delay arises out of or is caused directly or indirectly by circumstances beyond Parties’ reasonable control (including, but not limited to Acts of God, earthquakes, volcano, eruptions, fires, floods, wars, civil or military disturbances, sabotage, terrorism, epidemics, riots, interruptions, loss or malfunctions of utilities, computers (hardware or software) or communication services, accidents, labour disputes, acts of any civil or military authority or governmental actions) provided however that the Parties shall use its best endeavours to resume performance as soon as reasonably possible.

9.2. In case such circumstances occur, the Party shall notify the other Party within 10 days.

9.3. If force majeure circumstances continue to remain in place for more than 60 days, each Party has a right to terminate the Agreement unilaterally. 

10. CONTRACT DISPUTES AND APPLICABLE LAW

10.1. All disputes related to the conclusion, interpretation, execution and termination, shall be resolved by the Parties by negotiations. 

10.2. This Agreement shall be governed exclusively by the laws of Portugal 

10.3. In the case of unresolved disputes using the complaint procedure, as well as in the case of non-response to the claim within the term specified in this Agreement, any dispute, controversy or claim arising out of or in connection with this Agreement are resolved by court for Commercial Arbitration in Faro.

11. FINAL PROVISIONS

11.1. By using  the Platform, the Customer consents to the Terms of Services.

11.2. The owner of the Website reserves the right to involve third parties to provide the Customer with the services described in the Terms of Services.

11.3. E-residence.com  (the owner of the website) reserves the right to modify the Terms of Services in whole or in part at any time. Such changes will be communicated to the Customer by e-mail or a notice on the Website.