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Digital Services Agreement
CONTRACTOR: PRENOTA DIGITAL CONSULTORIA CONSULAR E TECNOLOGIA LTDA, a privately owned service provider specialising in booking appointments at the Italian Consulate, advising and helping people to prepare data for submission, registered with the number 36.592.953/0001-33, whose registered office is at R. Solidonio Leite, 2315 - São Paulo, State of São Paulo, Brazil, owner of the PRENOTA DIGITAL brand, hereinafter referred to as the "CONTRACTOR”.
FIRST CLAUSE: OBJECT
1.1 The service covered by the present Agreement is the provision of specialized service to book an appointment for ITALIAN CITIZENSHIP BY DESCENT at the Consulate General of Italy in LONDON, UK.
SECOND CLAUSE: OBLIGATIONS OF THE PARTIES
2.1 The CUSTOMER shall provide all the data and documents necessary to carry out the scheduling for the visit at the Consulate, being solely responsible if such information is erroneous or false.
2.2 The CUSTOMER shall make the payment for the service performed by the CONTRACTOR, in the strict manner of Clause Four.
2.3 The CONTRACTOR agrees - as well as all professionals involved in the performance of the contracted services, to maintain confidentiality over whatever CUSTOMER information and documents the CONTRACTOR has in their possession, and may not use or reproduce them without the prior and express authorization of the CUSTOMER, except in the cases expressly provided for in this document and for the purpose of executing the visit scheduling service at the Consulate.
THIRD CLAUSE: DURATION
3.1 The contractual relationship established herein, will come into effect on the date of acceptance of all terms of this Agreement.
3.2 The duration for the automation service of the scheduling attempts at the Consulate will be 180 (one hundred and eighty) consecutive days from the moment of contracting, and may be extended for an equal period whenever the parties do not signal otherwise.
FOURTH CLAUSE: TERMS OF PAYMENT
4.1 The remuneration for the services provided by the CONTRACTOR will be invoiced through the PAYPAL payment platform, with credit and debit cards (Mastercard, Visa, American Express) at the time of booking a appointment at the Consulate, and in accordance with the following instructions:
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To obtaining a appointment for a consular visit for the request of ITALIAN CITIZENSHIP BY DESCENT the amount of £349.80 (three hundred and forty-nine pounds and eighty pence) will be charged. This amount refers exclusively to the activity described and does not cover the fees charged by the Italian Consulate.
4.2 The amounts agreed above are equivalent to obtaining success for 1 (one) appointment booked at the Italian Consulate and must be paid for the CONTRACTOR after the appointment is booked or up to 2 (two) consecutive days counting from the date the service is completed.
1st Paragraph - If the CUSTOMER withdraws or cancels the service, they shall inform the CONTRACTOR immediately. If the service has not been completed by the time of cancellation of the agreement, payment will not be required.
2nd Paragraph - After the CONTRACTOR submits the receipt of appointment, the CUSTOMER cannot cancel the service, being obliged to pay the amount described above, regardless of attendance at the Italian Consulate.
3rd Paragraph - If the CUSTOMER does not make the payment within the stipulated period - up to 2 (two) days, it will be immediately constituted in arrears, incurring a 2% (two percent) late payment penalty, in addition to the 1% default interest p.m. (one percent per month) and monetary correction calculated in accordance to the Brazilian law.
4th Paragraph - If the lack of payment persists for more than 10 (ten) days from the CUSTOMER arrears constitution, the CONTRACTOR will take the appropriate judicial measure, with the legal fees paid by the debtor in the amount of 20% over the amount.
FIFTH CLAUSE: TERMINATION
5.1 This Agreement may be terminated upon NOTIFICATION by one of the parties to the other with a minimum term of 1 (one) day.
1st Paragraph - It is agreed between the parties that any communication of withdrawal or cancellation of the service will be made via e-mail or preferably through the link available on the CONTRACTOR's website:
5.2 If there is a breach of the obligation by the CUSTOMER, but they make the payment, in accordance with paragraphs 3 and 4 of Clause Four, the Agreement will be terminated.
5.3 If the CUSTOMER fails to comply with the obligation, and they don't make the payment aafter the service is completed by the CONTRACTOR, within the stipulated period, the Agreement will continue to take effect, until it is resolved by judicial means.
SIXTH CLAUSE: THE JURISDICTION
6.1 Attorneys' Fees; Jurisdiction; Venue. In the event of any litigation or other legal proceedings between the parties, the prevailing party shall be entitled to reasonable attorneys' fees and all costs of proceedings incurred in enforcing this Agreement. The parties agree that all litigation or other legal proceedings under this Agreement shall be brought in the court of São Paulo/Brazil. The validity, interpretation and performance of this Agreement shall be governed by the Brazilian law.
6.2 Severability. Should any provisions of this Agreement be held by a court of law to be illegal, invalid or unenforceable, the legacy, validity, and enforceability of the remaining provisions of this agreement shall not be affected or impaired thereby
6.3 Signatures. The parties agree that electronic acceptance of this Agreement shall be sufficient to bind the signing party and shall be treated in all respects as having the same effect as an original signature.
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