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Terms of Service

Last updated: June 2026

ITConect is the trading name of Itconect, a business based in Funchal, Madeira, Portugal. These Terms of Service govern the professional services we provide to our clients.

1. Agreement to Terms

By engaging ITConect for business process integration, ERP implementation, software development, or consulting services, you agree to be bound by these Terms of Service. These terms constitute a legally binding agreement between you (“Client”) and Itconect (“Company,” “we,” “us”).

If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these terms.

2. Services

ITConect provides the following professional services:

  • ERP implementation and configuration (an open-source ERP)
  • Website design and development on our website builder
  • Business process analysis and optimisation
  • System and data migration
  • Custom development of ERP modules
  • Process automation and integrations
  • Infrastructure, hosting and server management
  • Training and user adoption
  • Ongoing support and maintenance

We do not sell licences for the underlying ERP, which is open-source software. Our fees are for the professional work we perform around it. Specific deliverables, timelines and scope are defined in individual project proposals or Statements of Work (SOW) agreed by both parties.

3. Project Engagement

Proposals: All projects begin with a written proposal or SOW that outlines scope, deliverables, timeline and fees. Work commences only upon written acceptance of the proposal.

Change Requests: Any changes to the agreed scope must be documented in writing and may result in adjusted timelines and fees.

Client Responsibilities: Clients are responsible for providing timely access to systems, data, personnel and decisions necessary for project completion.

4. Fees and Payment

Pricing: Fees are specified in individual project proposals. We offer both fixed-price packages and day-rate (time-and-materials) engagement models. There are no per-seat or recurring software licence fees for the open-source ERP; where a package is scoped by team size, the price reflects the implementation work involved, not a per-user licence. All prices are quoted in EUR, excluding VAT. VAT is applied according to the applicable fiscal position.

Payment Terms: Unless otherwise specified, invoices are due within 30 days of the invoice date (Net 30). Fixed-price projects are billed 50% on engagement and 50% on delivery, or per the milestone schedule agreed in the SOW.

Late Payments: Overdue invoices accrue interest at the Portuguese statutory commercial rate (10.15% per annum for the first half of 2026, under Decreto-Lei n.º 62/2013), together with a fixed €40 compensation for administrative collection costs per Article 7 of the same decree-law.

Expenses: Pre-approved travel and out-of-pocket expenses are billed at cost.

Hosting and third-party services: Hosting (a server) and any third-party services your system uses — such as WhatsApp Business, SMS gateways or payment processors — carry their own provider costs. These are billed separately or paid directly by you, and are not included in fixed-scope fees unless expressly stated.

5. Intellectual Property and Licence

Client Data: All data you put into your system remains your exclusive property. We never use, share or reuse it for any other client beyond what is necessary to deliver your services.

Your right to use: On full payment, you receive the source code of your system and a perpetual, worldwide, non-exclusive licence to use, run, modify and maintain it for your own business — with no time limit and no lock-in. Any competent developer can host and maintain it.

Ownership and reuse: ITConect retains ownership of all software, modules, components, methodologies and know-how it develops or uses in delivering the services — including work built or configured for your project — and may reuse them for other clients. You may not resell, redistribute, sublicense or commercialise ITConect's software or components to any third party.

Your confidential know-how is protected: Our reuse rights cover our own general components and technical know-how only. We never reuse your confidential business information, processes or data for another client (see Clause 6).

Open-source ERP: remains licensed under its respective open-source licence (LGPL/GPL); there is no licence fee for it.

6. Confidentiality

Both parties agree to maintain strict confidentiality regarding:

  • Business processes, strategies and proprietary information
  • Technical specifications and system configurations
  • Financial information and pricing
  • Any information marked as confidential

This obligation survives the termination of any engagement.

7. Data Protection

Where we process personal data on your behalf, we do so in accordance with the EU General Data Protection Regulation (GDPR) and Portuguese data protection law. A Data Processing Agreement (DPA) is available on request and forms part of any engagement involving the processing of personal data. See our Privacy Policy for details.

8. Warranties and Limitations

Service Warranty: We warrant that services will be performed in a professional manner consistent with industry standards.

Software Warranty: Custom development is warranted against defects for 90 days following delivery.

Limitation of Liability: ITConect's total liability shall not exceed the fees paid for the specific services giving rise to the claim. We are not liable for indirect, incidental or consequential damages.

9. Termination

Either party may terminate an engagement with 30 days' written notice. Upon termination:

  • The client pays for all work completed to date
  • ITConect delivers all work product completed to date
  • Both parties return or destroy confidential information

If you end an ongoing support or maintenance plan, you keep your deployed system and all delivered work product, and your perpetual licence to use it continues — only ongoing updates, monitoring and support cease.

10. Governing Law and Disputes

These Terms are governed by the laws of Portugal. The parties will first seek to resolve any dispute through good-faith negotiation. Failing that, disputes are subject to the exclusive jurisdiction of the courts of Funchal, Madeira, Portugal.

11. Contact Information

For questions regarding these Terms of Service, please contact us:

Email: contact@itconect.com
Website: itconect.com