Terms of Service

Bright Spark Digital · brightsparkdigital.pt

Last updated: 11 October 2026

1. About these terms

These Terms of Service (“Terms”) govern your use of the website https://brightsparkdigital.pt (the “Website”) and the web design, graphic design, advertising, digital marketing, podcast management and social media audit services (the “Services”) provided by Bright Spark Digital (“we”, “us”, “our”).

• Business / legal name: [Insert registered name and NIF]
• Address: [Insert address], Sesimbra, Portugal
• Email: hello@brightsparkdigital.pt
• Phone / WhatsApp: +351 928 053 038

By using the Website or engaging us for the Services, you agree to these Terms. If you do not agree, please do not use the Website or the Services. Our handling of personal data is described in our Privacy Policy.

2. Using the Website

You agree to use the Website lawfully and not to:

• Attempt to gain unauthorised access to the Website, its servers or any connected systems.
• Introduce viruses, malware or any harmful code.
• Copy, scrape or reproduce Website content in bulk without our written permission.
• Use the Website in a way that infringes the rights of others or breaches any applicable law.

We may update, suspend or withdraw any part of the Website at any time without notice.

3. Our Services

Our Services include, depending on what we agree with you:

• Web design and development.
• Graphic design and branding.
• Advertising and digital marketing, including social media management.
• Podcast management.
• Social media audits.

The exact scope, deliverables, timeline and price for each project will be set out in a written proposal, quote or agreement (the “Proposal”). If anything in a Proposal conflicts with these Terms, the Proposal prevails for that project.

4. Quotes, orders and getting started

• Quotes are valid for 30 days from the date issued, unless stated otherwise.
• A project begins once you have accepted the Proposal in writing (email is sufficient) and paid any required deposit.
• Work outside the agreed scope is treated as a change request. We will tell you the extra cost and time before starting it, and it will only go ahead once you approve it.

5. Fees and payment

• Prices are in euros (€) and, unless stated, exclude VAT, which is added at the applicable Portuguese rate.
• Unless the Proposal says otherwise, we require a deposit of [50]% before work starts and the balance on completion or as per the agreed payment schedule.
• Invoices are payable within [14] days of the invoice date.
• If payment is late, we may pause work and, for business clients, charge statutory late-payment interest under Portuguese law.
• Ongoing services (for example monthly marketing, hosting or maintenance) are billed in advance for each period and continue until cancelled in line with section 11.
• Third-party costs such as domains, hosting, plugins, stock images, fonts, licences and advertising spend are not included unless stated, and are paid by you directly or reimbursed to us.

6. Client responsibilities

To deliver on time, we need your help. You agree to:

• Provide the content, images, logos, access details and feedback we reasonably request, promptly.
• Make sure you own, or have permission to use, all materials you supply to us.
• Review work and give consolidated feedback within [5] working days. If we do not hear from you, delays may move the project timeline and affect delivery dates.
• Keep any login details we share with you secure.

7. Revisions and approvals

Each Proposal includes a set number of revision rounds. Further revisions are charged at our standard rate. Once you approve a deliverable, further changes are treated as new work.

8. Intellectual property

• Your materials. You keep ownership of all logos, text, images and other materials you provide. You give us permission to use them to deliver the Services.
• Our work. On full payment of all amounts due, ownership of the final approved deliverables created specifically for you transfers to you, except for the items below.
• Third-party and pre-existing materials. Stock images, fonts, plugins, themes, templates and software remain subject to their own licences. Our own tools, code libraries, frameworks and know-how stay ours, and you receive a non-exclusive licence to use them as part of your deliverables.
• Until payment. Until we have been paid in full, we keep all rights in the work and you may not use it publicly.
• Portfolio. Unless you tell us otherwise in writing, we may show completed work in our portfolio and marketing, and credit ourselves as the creator.

9. Third-party platforms and results

Our Services may rely on third-party platforms such as WordPress, Elementor, Google, Meta, LinkedIn, email marketing tools and hosting providers. We do not control these platforms, their changes, outages or policies, and we are not responsible for them.

Marketing, SEO and advertising outcomes depend on many factors outside our control, including algorithms, competition, budget and market conditions. We will work diligently and professionally, but we cannot guarantee specific rankings, traffic, leads, sales or follower numbers.

10. Confidentiality

We will keep confidential any non-public business information you share with us and use it only to deliver the Services. This does not apply to information that is public, that we already knew, or that we must disclose by law.

11. Cancellation and termination

• By either party: either of us may end an ongoing service by giving [30] days’ written notice.
• Project work: if you cancel a project in progress, you will pay for all work completed up to the cancellation date and any non-refundable costs we have already paid to third parties. Deposits are non-refundable once work has started.
• For serious breach: either party may end the agreement immediately if the other seriously breaches these Terms and does not fix the problem within 10 days of written notice.
• On termination, all outstanding invoices become payable.

12. Consumer rights

If you are a consumer (an individual acting outside your business or profession) and we agree a contract online or by phone, you may have a statutory right under Portuguese and EU law to withdraw within 14 days without giving a reason. However, if you ask us to start the service during that period, you must pay for the work already carried out, and the right of withdrawal may be lost once a service has been fully performed with your prior express consent. Nothing in these Terms limits your mandatory legal rights as a consumer.

13. Warranties and limitation of liability

We provide the Services with reasonable skill and care. The Website and its content are provided “as is”, and we do not guarantee that the Website will be uninterrupted or error-free.

To the fullest extent permitted by law:

• We are not liable for indirect or consequential losses, such as lost profits, lost revenue, loss of data or loss of business opportunity.
• Our total liability for any claim relating to the Services is limited to the amount you paid us for the specific Services giving rise to the claim in the [12] months before the claim.
• We are not responsible for delays or failures caused by events beyond our reasonable control, including internet or hosting outages, third-party platform changes, strikes, natural disasters or government action.

Nothing in these Terms excludes or limits liability that cannot be excluded by law, including liability for death or personal injury caused by negligence, for fraud, or for wilful misconduct.

14. Links to other websites

The Website may link to third-party websites. We do not control them and are not responsible for their content, privacy practices or availability.

15. Governing law and disputes

These Terms are governed by Portuguese law. We encourage you to contact us first at hello@brightsparkdigital.pt so we can try to resolve any issue informally.

If a dispute cannot be resolved, it will be subject to the courts of [the judicial district of Setúbal, Portugal], without prejudice to any mandatory consumer rights to bring proceedings in the courts of your place of residence.

If you are a consumer, you may also use the Portuguese electronic complaints book (www.livroreclamacoes.pt) and the EU’s alternative dispute resolution options. You can find the list of approved consumer dispute resolution entities at www.consumidor.gov.pt.

16. Changes to these Terms

We may update these Terms from time to time. The latest version will always be on this page with the “last updated” date above. For existing clients, changes apply to new work and new billing periods, and we will notify you of material changes in advance. Continuing to use the Website or the Services after a change means you accept the updated Terms.

17. General

• Entire agreement: these Terms and the relevant Proposal form the entire agreement between us for the Services.
• Severability: if any part of these Terms is found unenforceable, the rest remains in force.
• No waiver: if we do not enforce a right straight away, we have not given it up.
• Assignment: you may not transfer your rights under these Terms without our written consent.

18. Contact us

Bright Spark Digital Sesimbra, Portugal Email: hello@brightsparkdigital.pt Phone / WhatsApp: +351 928 053 038