These Terms & Conditions govern the provision of services by CAPTIVATING MESSAGE, UNIPESSOAL, LDA (NIPC PT517525518), trading as Virtus Medium, with registered address at Rua Primeiro de Maio, Nº 30, Abrunheira, 2710-061 Sintra, Lisbon, Portugal ("Company", "we", "us"), to its clients ("Client", "you").
1. Definitions
"Services" means the outbound email distribution and sales development services described in the Services & Pricing page. "Pilot" means the 90-day initial engagement.
2. Services
We will provide the Services described in the order or proposal accepted by Client. We may use sub-processors (such as Smartlead, Clay and Calendly) to deliver the Services.
3. Fees & payment
Fees are stated on the Services & Pricing page and in the order. Fees are billed monthly in advance and are due on receipt of invoice. Late payments may result in suspension of Services.
4. Term & termination
The initial term is 90 days (the Pilot). After the Pilot, the engagement continues month-to-month and may be cancelled by either party with 30 days' written notice. Cancellation does not entitle Client to a refund of fees already paid (see Refund & Cancellation Policy).
5. Intellectual property
Client retains ownership of its brand assets and customer data. We retain ownership of our methodologies, templates, infrastructure, and proprietary tooling.
6. Confidentiality
Both parties will keep the other's non-public information confidential and use it only to perform under this agreement.
7. Warranties & disclaimers
We will perform the Services with reasonable care and skill. We do not guarantee any specific number of meetings, replies, or revenue outcomes. The Services are provided "as is" to the extent permitted by law.
8. Limitation of liability
To the maximum extent permitted by applicable law, our aggregate liability under this agreement is limited to the fees paid by Client in the three (3) months preceding the event giving rise to the claim. We are not liable for indirect, consequential, or loss-of-profit damages.
9. Governing law & jurisdiction
This agreement is governed by the laws of Portugal. The courts of Lisbon have exclusive jurisdiction over any dispute arising out of or in connection with this agreement.
10. Contact
Questions about these Terms can be sent to info@virtusmedium.com.