Terms And Conditions
The owner of the website e-residence.com is e-residence.com OÜ. (the company is based in Tallinn, Kesklinna linnaosa, Rotermanni tn 6, 10111).
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: 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 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.
3.2. Client identity documents must meet the requirements, be valid, must contain your signature, without this your documents cannot be certified and the process cannot be started.
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:
- Applying for and issuing Portuguese taxpayer IDs from the competent authorities
- Applying for and obtaining the Company scope approval and name reservation certificate
- 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
- Paying all government fees for taxpayer IDs, Company name reservation, and Company Registration
4.1.2. 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 (correspondences will be deleted in 14 days after scanning)
- Scanning and emailing digital copies of all important Company’s correspondences
4.1.3. State-fee that was paid at the company creation couldn`t be refunded, the refund can be provided only on the processing fee.
All services are provided for individuals and cannot be provided for other parties. All invoices will be issued only in the client’s name and not to any entities.
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.
4.2.1. The user (“User”) hereby declares and confirms that they have never possessed, applied for, or been assigned a Número de Identificación Fiscal (NIF) or equivalent tax identification number in their country of residence or any other jurisdiction.
4.2.2. The User further declares and confirms that they have never authorized, instructed, or permitted any other person, entity, or third party to apply for, obtain, or use a NIF or equivalent tax identification number on their behalf or for their benefit.
4.2.3. The User acknowledges that providing false or misleading information with respect to their NIF status may result in the termination of their account, access to services, and/or any other applicable penalties under the laws and regulations governing the use of such tax identification numbers.
4.2.4. The User agrees to promptly notify e-residence.com in writing if their NIF status changes or if they become aware of any inaccuracies or omissions in the information provided in this section.
4.2.5. e-residence.com reserves the right to request additional documentation or information from the User to verify their NIF status and compliance with these terms and conditions. Failure to provide such documentation or information upon request may result in the termination of the User’s account and access to services.
The cost to request your NIF includes one year (12 months) of fiscal representation. At the end of that year, your fiscal representation will automatically be renewed at a rate of €99/year and charge from your payment card. You may cancel this service after you become a Portugal tax resident and update your address with the tax office or found other fiscal representative and inform us about it.
4.2.6. The User acknowledges and agrees that in the event e-residence.com contacts the relevant tax office or authority, and it is determined that a NIF or equivalent tax identification number has already been assigned to the User, any service fees paid by the User to e-residence.com related to the application or assistance for obtaining a NIF shall be deemed non-refundable.
4.2.7. The cost for requesting a password via the NIF application form is €10, after the initial form request, any subsequent password reset requests will incur an increased fee of €20.
4.2.8. The delivery timeline for passwords is not guaranteed and is subject to factors beyond the control of e-residence.com. These factors may include, but are not limited to, the processing timelines of tax offices and postal services. While we make every effort to ensure timely delivery, e-residence.com cannot be held responsible for delays in the receipt of passwords caused by external factors.
4.3. NHR
The Client appoints the Service Provider to represent their interests, and those of their family members, in the application for acquiring NHR (Non-Habitual Residents) tax status.
4.3.1. The User confirms they have not authorized any other person, entity, or third party to apply for or obtain NHR status on their behalf.
4.3.2. The User acknowledges that providing false or misleading information regarding their NHR status may lead to account termination, loss of service access, and legal penalties.
4.3.3. e-residence.com may request additional documentation to verify the User’s NHR status. Non-compliance may result in account termination and service denial.
4.3.4. The fee for CRUE application using our address is €3000/year, non-refundable post application.
4.3.5. The CRUE service includes appointment scheduling, document preparation, and support during city hall visits.
4.3.6. The provided address is exclusively for CRUE registration and tax office correspondence. Any other use of this address is unauthorized.
4.3.7. The Client may cancel the address subscription by providing an updated NIF with a new address via email or WhatsApp.
4.4. NISS
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 social security number from the social authority ( Segurança Social” ).
4.5. Document notatization
We offer document notarization services, which include the certification of documents by an EU notary public. Our services are designed to ensure that your documents are properly notarized in accordance with applicable laws and regulations.
4.5.1. The estimated turnaround time for document notarization services is 24 hours. This estimate is based on the availability of appointments and excludes holidays. While we strive to meet this turnaround time, it cannot be guaranteed.
4.5.2. Delays beyond the estimated turnaround time do not constitute a breach of these Terms and Conditions and will not result in refunds or compensation.
4.5.3. We guarantee that documents notarized by us will be 100% eligible in countries that are part of the Hague Convention.
4.5.4. Clients are responsible for consulting the specific requirements of the public authorities in the country where the document will be presented to ensure compliance.
4.5.5. Documents certified by an EU notary public through our service may be accepted without an apostille within the European Union. However, acceptance is subject to the discretion of the receiving authority.
4.5.6. The cost for our notarization service is €100. This fee is due at the time of service request and is payable through the payment methods specified on our platform.
4.5.7. Refunds are available under the following conditions:
- Refunds are only possible until the document has been sent to the Client digitally.
- Once the Client has received an electronic copy of the notarized documents, the fee becomes non-refundable.
4.6. Open bank account
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 open bank account. The scope of work is as follows:
- Applying for and issuing bank account from the bank branch.
- The cost of our bank account service is €300 (€500 – in person). This fee consist of 2 parts: 1) Process fee – €150 (€250) 2) Sucess fee – €150 (€250)
This does not include an initial deposit or the bank’s monthly fees. - In case of refusal by the bank or a request for a refund by the client, we refund 50% of the cost of the service.
4.7. NIE
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 NIE (Número de Identificación de Extranjeros). The scope of work is as follows:
- Applying for and issuing Spain Identification number for foreigners from the Police
- Cirtify clients documents
- Obtain document scan/send by mail (if required) to client
4.8. NUSS
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 NUSS (Número de la Seguridad Social). The scope of work is as follows:
- Applying for and issuing Portuguese social security number from the social authority ( “Tesorería General de la Seguridad Social (TGSS)”).
6. DURATION, CHARGES AND PAYMENT TERMS
6.1. 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.
6.2. 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.
7. REFUND POLICY
7.1. Provider is released from liability for any failure or delay in the performance of the obligations considering all services in case of renouncement by compliance department, relevant institution.
7.2. In the event that a refund is deemed necessary or appropriate, e-residence.com will only refund the client an amount equal to the exact payment made by the client for the specific service in question, without any additional percentage or compensation fees. By using our services, clients agree to this refund limitation and acknowledge that they will not be eligible for any further compensation beyond the original payment amount.
8. 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.
9. COMPLIANCE WITH LAWS
The Parties will comply with all compulsorily applicable laws, regulations and other governmental requirements in performing their obligations under the Agreement.
10. CONFIDENTIALITY
10.1. 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”).
10.2. 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
11. Force Majeure
11.1. 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, DDoS attacks. 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.
11.2. In case such circumstances occur, the Party shall notify the other Party within 10 days.
11.3. If force majeure circumstances continue to remain in place for more than 60 days, each Party has a right to terminate the Agreement unilaterally.
12. CONTRACT DISPUTES AND APPLICABLE LAW
12.1. All disputes related to the conclusion, interpretation, execution and termination, shall be resolved by the Parties by negotiations.
12.2. This Agreement shall be governed exclusively by the laws of Portugal
12.3. 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.
13. FINAL PROVISIONS
13.1. By using the Platform, the Customer consents to the Terms of Services.
13.2. 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.
13.3. 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.