Returns, Cancellations, Refunds and Guarantees Policy
1)Entity identification
This Returns, Cancellations, Refunds and Guarantees Policy is made available by:
Netwiz Systems, Sociedade Unipessoal, Lda.
Registered at the Leiria Commercial Registry Office, under registration number/NIPC 518 927 784.
Headquarters: Rua 25 de Abril, no. 313, Zona Industrial do Roligo, 4520-115 Santa Maria da Feira.
Website: netwiz.pt
General contact: info@netwiz.pt
2)Purpose and relationship with other documents
This Policy regulates, in a complementary manner, the conditions applicable to returns, cancellations, rescheduling, refunds, right of withdrawal and legal guarantees relating to services, digital content, courses, training, subscriptions, licences, plugins, software, Netwiz Solutions/Platforms and other digital products or services made available by Netwiz Systems. This Policy must be read in conjunction with:
i)Legal Notice and Terms and Conditions of Use of the Website;
ii)Privacy Policy;
iii)Cookies and Similar Technologies Policy;
iv)Specific Conditions applicable to each service, plan, course, subscription, licence, software, plugin or platform;
v)Applicable Product/Software Documentation;
vi)information on Complaints, Portuguese Complaints Book and Alternative Dispute Resolution. In case of divergence, the Specific Conditions, proposals, contracts, purchase orders, service sheets, course sheets, SLA, Product/Software Documentation or other documents specifically accepted by the parties in relation to the contracted service and the specific matter that they regulate shall prevail, without prejudice to applicable mandatory legal rights, especially when the Customer acts as a consumer. Acceptance of this Policy, when applicable, may be carried out or proven through checkout, Account creation, online contracting, proposal acceptance, contract signature, order, payment, activation of subscription, licence or service, use of a reserved area, selection of a specific field, confirmation button, email, electronic record or other means capable of proof, and Netwiz Systems may retain evidence of the respective acceptance, applicable version, date, time, technical identifier, Account, order, contract or associated service, in accordance with the Privacy Policy and applicable legislation.
3)Scope of application
This Policy applies, in particular, to:
i)consultancy services, digital communication, web design, development, support, maintenance and online services;
ii)training, online courses, digital content, synchronous sessions, in-person sessions and training resources;
iii)subscriptions, recurring plans, usage licences, plugins, add-ons, modules and software;
iv)Netwiz Solutions/Platforms, including Netwiz SocialHub, Netwiz LeadDesk, Netwiz TalentHub, Netwiz Nexus, Netwiz Intelligence, Netwiz Consent Manager, online course comparison platforms and other future solutions;
v)digital services, digital content, Artificial Intelligence functionalities, automations, integrations/API and reserved areas.
4)Distinction between consumer customers and professional customers
a)When the Customer acts as a consumer, the mandatory legal rights provided for in consumer protection legislation apply, including the right of withdrawal when applicable and the rights relating to the conformity of digital content and services.
b)As a rule, the consumer right of withdrawal for distance contracts does not apply when the Customer acts in a professional, business, institutional or B2B capacity. The applicable terms will instead be those set out in the proposal, contract, order, Specific Conditions, plan, subscription, licence, Product/Software Documentation or other applicable documentation, without prejudice to mandatory legal requirements, good faith, public order and liability that cannot be excluded by law.
c)In B2B relationships, the conditions for cancellation, termination, resolution, renewal, minimum commitment periods, refunds, credits, compensation, guarantees, service levels, penalties, installation costs, activation costs, configuration costs, start-up costs, personalised work, third party expenses, licences, subscriptions, agreements, maintenance, support and termination of service may be regulated by contract, proposal, order, service sheet, course form, Specific Conditions, SLA, Product/Software Documentation or other document accepted by the parties. In these cases, such conditions prevail over this Policy regarding the specific matter that they regulate, without prejudice to mandatory legal requirements, good faith, public order and liability that cannot be excluded by law.
5)Digital or intangible nature of services
a)Given the nature of Netwiz Systems's activity, services, courses, digital content, subscriptions, licences, plugins, software and Netwiz Solutions/Platforms are, as a rule, of a digital, technical, intellectual, training, intangible or personalised nature.
b)For this reason, as a rule, there is no physical return of goods, except when tangible goods, physical media, equipment, printed documentation, merchandising or other physical elements associated with a given service are expressly provided.
c)When physical goods, physical media, equipment, printed documentation, merchandising or other tangible elements associated with a given service are provided, the specific rules communicated at the time of contracting, in the Specific Conditions or in the applicable documentation apply. In the absence of a specific rule, the return must comply with the applicable mandatory legislation, and the goods must, wherever possible, be returned in the condition in which they were received, complete and without signs of misuse, without prejudice to the consumer's legal rights in case of lack of conformity.
d)When there is a return of physical goods, physical media, equipment, printed documentation, merchandising or other tangible elements, the Customer must return the goods within the legally or contractually applicable deadline, in good condition and with all accessories, components, manuals, packaging or elements provided, unless impossible or mandatory legal provision to the contrary. Unless Netwiz Systems agrees to bear these costs or when the law determines a different solution, the Customer may be required to bear the direct costs of returning the goods, provided they were informed of this in advance. When legally permissible, Netwiz Systems may wait for receipt of the returned goods or proof of their shipment before completing the corresponding refund.
e)When physical goods, physical media, equipment, printed documentation, merchandising or other tangible elements are at stake, the Customer may be responsible for the depreciation of the good resulting from handling, use, damage, alteration, installation, wear, loss of components, lack of packaging or use that exceeds what is necessary to verify the nature, characteristics and functioning of the good, under legally applicable terms and without prejudice to the mandatory legal rights of the consumer.
f)When goods, media, materials, content, physical or digital elements made, personalised, adapted or produced according to the Customer's specifications are supplied, or clearly intended for specific use by that Customer, the respective cancellation, return, refund or compensation rules will be those set out in the Specific Conditions, proposal, contract or applicable documentation, without prejudice to the legally provided exceptions to the right of withdrawal and mandatory legal rights in case of lack of conformity.
6)Right of withdrawal in distance contracts
a)When the Customer is a consumer entering into a distance contract, they have, as a rule, 14 days to withdraw from the contract without giving a reason, in accordance with Decreto-Lei n.º 24/2014, of February 14, except in cases of exclusion, limitation, loss of rights or other legally provided exceptions.
b)The exercise of the right of withdrawal must be carried out by means of an unequivocal statement sent to the official contact details for Netwiz Systems or through another means made available for this purpose, and the consumer may use the model withdrawal form prescribed by law, where applicable, or any other clear statement expressing their intention to withdraw from the contract.
c)When Netwiz Systems provides an electronic means to exercise the right of withdrawal and the consumer uses this means, Netwiz Systems will acknowledge receipt of the withdrawal notice on a durable medium within the applicable legal time limit.
7)Start of provision during the withdrawal period
a)If the consumer requests that the provision of the service, course, training, subscription, licence, digital content or digital functionality, or access to the Netwiz Solution/Platform, begin during the withdrawal period, Netwiz Systems may demand and collect, before the provision or supply begins, the consumer’s express request and prior consent, together with acknowledgement of the applicable legal consequences, including, when applicable, the obligation of proportional payment or the loss of the right of withdrawal under the terms provided for by law.
b)If the consumer exercises the right of withdrawal after having requested the start of the provision during that period, payment may be due in proportion to what has actually been provided up to the time the withdrawal is communicated, when legally permissible.
c)When digital content not provided in material form is concerned, including downloads, immediate access courses, digital materials, online resources, plugins, licences, software or digital functionalities, the specific rules set out in Section 8 of this Policy also apply, without prejudice to mandatory legal rights in case of lack of conformity.
d)The express request, consent, acknowledgment of legal consequences and respective confirmation may be collected through checkout, membership form, reserved area, non-pre-selected checkbox, confirmation button, electronic signature, email, electronic registration or other means capable of proof, and the respective confirmation may be made available to the consumer on a durable medium, when legally required.
e)When the provision of services is in question and the service has been fully provided during the legal period of withdrawal, upon prior and express request from the consumer and recognition that the consumer loses the right of withdrawal after the full execution of the contract by Netwiz Systems, the consumer will no longer be able to exercise the right of withdrawal merely because they have changed their mind in relation to the service that has been fully performed, without prejudice to mandatory legal rights in case of lack of conformity or non-compliance attributable to Netwiz Systems.
8)Digital content, software, plugins, licences and downloads
a)When it comes to the supply of digital content not provided in material form, including downloads, software, plugins, add-ons, modules, digital licences, immediate access courses, digital materials, online resources or digital functionalities, if the consumer requests or agrees to immediate supply during the statutory withdrawal period, they must first give express consent and acknowledge that this entails the loss of the right of withdrawal, the consumer will no longer be entitled to cancel the purchase merely because they have changed their mind after supply, download, activation, access or use has begun, without prejudice to legal rights in case of lack of conformity.
b)When the Customer acts in a professional, corporate, institutional or B2B context, the download, activation, access, installation, use or availability of software, plugin, add-on, module, digital licence, SaaS service, digital functionality, digital content or Netwiz Solution/Platform does not in itself confer a right to return the product or to cancel, obtain a refund, credit or compensation merely because of a change of mind, applying the conditions set out in the proposal, contract, order, Specific Conditions, Product/Software Documentation or other applicable documentation.
9)Cancellation of scheduled services, consultancy services, sessions and training
a)The rules for cancelling and rescheduling consultancy services, technical meetings, sessions, synchronous classes, face-to-face training, scheduled services or work with a reserved agenda are those set out in the Specific Conditions, proposal, service form, course form or order confirmation.
b)In the absence of a specific rule, the request for cancellation or rescheduling must be communicated with reasonable notice and by means capable of proof, subject to the operational availability of Netwiz Systems.
c)Late cancellation, failure to attend or delay, unavailability of the Customer, absence of participants, lack of technical means, lack of access, lack of necessary information or any other fact attributable to the Customer does not, in itself, entitle the Customer to a refund, a repeat session, rescheduling at no additional cost or compensation.
d)When the scheduled service has involved reserving a time slot, allocation of resources, specific preparation, prior analysis, travel, hiring of third parties, acquisition or activation of licences, preparation of materials, technical configuration or any associated operational cost, Netwiz Systems may retain or charge amounts relating to the costs incurred, work already carried out, period reserved or means allocated to the service, in accordance with the Specific Conditions and applicable legislation.
10)Training, courses and training content
a)In the case of courses, training or training content, the service is considered to have started, as applicable:
i)when access to content, course, reserved area or digital resource is made available;
ii)on the date of the first scheduled live session;
iii)on the date of the first in-person session;
iv)when activating the subscription, platform or training area.
b)For group training, Netwiz Systems may define the minimum and maximum number of participants, registration deadlines, admission criteria and operating conditions.
c)If the minimum number of participants is not met or there are justified operational reasons, Netwiz Systems may reschedule the edition, propose an equivalent alternative, convert the modality or cancel the edition, applying the refund rules legally due or provided for in the Specific Conditions.
d)Non-attendance, withdrawal, delay, interruption of participation, lack of technical means, equipment incompatibility, connection failure, unavailability of the Client/trainee or non-compliance with access requirements attributable to the Client/trainee do not in themselves confer the right to refund, free rescheduling, free repetition of the session, extension of access, credit or compensation, unless mandatory legal provision, applicable Specific Conditions or express decision of Netwiz Systems.
11)Subscriptions, recurring plans and licences
a)For a monthly or annual subscription, recurring plan, periodic licence, plugin, software, add-on, module, SaaS service or continued access, the essential conditions, including price, periodicity, duration, renewal, included functionalities, usage limits, cancellation rules and payment methods, will be those presented at the time of subscription, in the reserved area, in the order confirmation, in the Product/Software Documentation or in the applicable Specific Conditions.
b)Unless expressly indicated otherwise, the cancellation of a subscription, plan or licence prevents future renewals, but does not, in itself, confer the right to a full or proportional refund for periods already started, activated, made available or fully paid, without prejudice to applicable mandatory legal rights.
c)Unless the Specific Conditions, proposal, contract, checkout, customer area, Product/Software Documentation or information provided at the time of subscription expressly state otherwise, subscriptions, recurring plans, periodic licences and continued access may renew automatically for successive periods equivalent to the initially contracted period or the applicable billing period, upon charging the corresponding amount through the payment method indicated by the Customer. Cancellation made by the Customer takes effect at the end of the period already paid, unless mandatory law or the applicable Specific Conditions require otherwise.
d)In the event of payment failure, refusal to charge, expired card, insufficient balance, chargeback, cancellation of the payment method, lack of renewal, late payment or other payment failure relating to subscriptions, recurring plans, licences, plugins, software, SaaS services or continued access, Netwiz Systems may give the Customer notice to remedy the payment default and, after the period specified in the communication, in the Specific Conditions or in the Product/Software Documentation, suspend, limit, block or cancel access to the service, licence, functionality, platform or associated digital product, without prejudice to the collection of overdue amounts, reactivation costs when applicable and other legally permissible rights.
e)Netwiz Systems may change prices, features, limits, commercial conditions, technical characteristics or conditions of use of subscriptions, recurring plans, periodic licences, plugins, software, SaaS services or continued access, upon prior communication by appropriate electronic means, reserved area, Website, Product/Software Documentation or other applicable means, with such changes taking effect only for future billing periods, unless expressly agreed otherwise, required by law or provided for in the applicable Specific Conditions. Where the change is materially relevant, the Customer may cancel the renewal before the new conditions come into force, without prejudice to access to the period already paid, when applicable, and without prejudice to consumers' mandatory legal rights.
f)Free periods, demo versions, trials, temporary access, promotional credits, discounts, coupons, commercial offers or promotional campaigns may be subject to Specific Conditions, usage limits, duration, eligibility, available features, technical restrictions, rules for conversion to a paid plan, renewal, cancellation or expiration, as indicated on the Website, checkout, reserved area, Specific Conditions or Product/Software Documentation. Unless otherwise expressly indicated or applicable mandatory legal provision, promotional credits, discounts, offers, free periods or commercial benefits are not convertible into cash, do not give the right to a separate refund and may expire under the terms communicated.
g)Netwiz Systems may suspend, limit, block, cancel or terminate access to subscriptions, plans, licences, plugins, software, SaaS services, functionalities, reserved areas, integrations/API or Netwiz Solutions/Platforms when there is non-compliance with payment, violation of the Specific Conditions, illicit, abusive or fraudulent use, violation of rights of third parties, non-compliance with technical requirements, security breach, unauthorized use, attempt to circumvent protection mechanisms, abusive chargebacks, violation of usage limits or any action likely to compromise the security, integrity, availability, reputation or compliance of Netwiz Systems, its systems, other customers or third parties. In these cases, the suspension, limitation, cancellation or termination attributable to the Customer does not, in itself, confer the right to a refund, credit, compensation or free extension of the contracted period, unless mandatory law or the applicable Specific Conditions require otherwise.
h)In the event of cancellation, non-renewal, suspension, termination or expiry of the subscription, plan or licence, SaaS service, reserved area, functionality or Netwiz Solution/Platform, the rules set out in the Terms and Conditions of Use of the Website, the Privacy Policy, the applicable DPA and the Specific Conditions regarding export, access, recovery, retention, deletion, anonymization or conservation of data, content, settings and other associated elements apply to the service.
12)Refunds
a)When a refund is legally due to the consumer, it will be made without undue delay and within the applicable legal deadline, using, as a rule, the same means of payment used in the initial transaction, unless expressly agreed otherwise and provided that this does not result in additional cost for the consumer.
b)Unless mandatory legal provision or express agreement to the contrary, the following are non-refundable:
i)services already provided;
ii)digital content already made available under legally permissible terms;
iii)subscriptions, licences or access already activated;
iv)custom work already executed;
v)non-recoverable third-party costs;
vi)fees, commissions, licences, domains, web hosting, tools and travel or expenses specifically incurred upon instruction or approval of the Customer;
vii)additional work, adaptations, configurations, integrations or requests outside the initial scope.
c)Unless mandatory law or a competent authority requires otherwise, or the parties agree otherwise in writing or the applicable Specific Conditions provide otherwise, any refund, credit, compensation or regularisation granted by Netwiz Systems will be limited to the amount actually paid by the Customer for the specific service, course, digital content, subscription, licence, plugin, software, functionality, billing period or supply to which the request relates, excluding indirect loss, loss of profit or revenue, loss of opportunity, replacement costs, reputational harm, data loss and other consequential loss.
d)When a refund, termination, accepted cancellation, credit or regularisation is granted that involves the total or partial cessation of the service, subscription, licence, plugin, software, course, digital content, functionality or access to the Netwiz Solution/Platform, Netwiz Systems may suspend, deactivate, revoke or limit the corresponding access, as well as demand, when applicable and legally permissible, the cessation of use, uninstallation, deletion of copies, return or destruction of materials, credentials, files, licences, activation keys or elements made available, without prejudice to consumers’ mandatory legal rights and the applicable Specific Conditions.
e)Unless otherwise required by mandatory law, agreed in writing or provided for in the applicable Specific Conditions, the amounts paid as a down payment, advance, reservation, setup fee, activation fee, configuration fee, onboarding, project start-up, initial preparation, technical analysis, parameterisation, customization, migration, installation, integration, initial training, administrative costs or non-recoverable third party costs are not refundable when they correspond to work already started, resources reserved, costs incurred, means allocated to the service or services already made available by Netwiz Systems.
f)When personalised services, bespoke development, technical configuration, parameterisation, implementation, consultancy, auditing, content creation, digital communication, web design, software development, integrations/API, automations, personalised training, plugin adaptation, migrations, functional analysis, technical analysis or any work prepared specifically for the Client are concerned, the amounts corresponding to the work already started, executed, planned, booked, delivered or made available will not be refundable, unless otherwise required by mandatory law, the issue is attributable to Netwiz Systems, or the applicable Specific Conditions provide otherwise.
g)Unless otherwise required by mandatory law, agreed in writing or provided for in the applicable Specific Conditions, amounts relating to credits already used, API calls, Artificial Intelligence tokens, email sending, SMS, notifications, automations executed, storage used, technical processing, use of functionalities, resource consumption, activated campaigns, advertising budget already used, media costs, costs of third party platforms, cloud services, transactional costs or any costs are not refundable when they relate to variable costs associated with actual use of the service, platform, software, plugin, licence, functionality or integration.
h)Submitting a request for cancellation, refund, credit, regularisation, complaint, guarantee or conformity analysis does not in itself suspend the obligation to pay amounts due or falling due, installments, monthly fees, subscriptions, licences, agreements, additional work, third party costs or other amounts contractually due, unless required by mandatory law, agreed in writing, decided by Netwiz Systems or provided for in the applicable Specific Conditions.
i)The opening of a payment dispute, chargeback request, reversal, complaint with a payment provider or equivalent mechanism does not affect the right of Netwiz Systems to demonstrate the validity of the contracting, provision, activation, availability, use of the service, acceptance of the applicable conditions or the lack of grounds for refund. When the chargeback, reversal or dispute is considered abusive, unfounded or contrary to the applicable Specific Conditions, Netwiz Systems may suspend, limit or terminate access to services, subscriptions, licences, functionalities or associated platforms, without prejudice to the collection of amounts due, administrative costs, recovery costs, third-party commissions and other legally admissible rights.
j)When, for technical, operational, legal, commercial, security reasons, unavailability, unfeasibility, force majeure, lack of minimum number of participants, impediment of third parties, manifest error, objective impossibility or other justifiable reason, Netwiz Systems does not accept, start, cancel, replace, reschedule or cease a certain service, course, session, subscription, licence, digital content, functionality or Netwiz Solution/Platform before its full provision, Netwiz Systems may, depending on the circumstances, propose an equivalent alternative, rescheduling, credit, replacement, regularisation or reimbursement of the amount corresponding to the part not provided, without prejudice to applicable mandatory legal rights. Unless otherwise required by mandatory law, agreed in writing or provided for in the applicable Specific Conditions, the liability of Netwiz Systems will be limited to the amount actually paid by the Customer for the specific service not performed or not made available, not covering additional compensation, loss of profits, loss of opportunities, reputational damage, replacement costs or other indirect or consequential damages.
k)The later availability of promotional campaigns, discounts, coupons, offers, price changes, different plans, special terms, bundles, free periods or other commercial benefits does not, in itself, entitle the Customer to a refund, credit, compensation, retroactive price reduction or change to terms already agreed, unless mandatory legal provision, written agreement to the contrary, express decision of Netwiz Systems or applicable Specific Conditions.
l)Whenever a refund, credit, regularisation, price reduction or value correction involves issuing a credit note, rectifying an invoice, accounting, tax or documentary regularisation, processing may depend on the confirmation of the Customer's data, identification of the invoice, order, contract, subscription or payment in question, compliance with legally applicable formalities and issuance of the necessary accounting or tax documents.
m)This Section applies without prejudice to the general rules of liability, exclusions, limitations of liability, force majeure, unavailability, third party services, intellectual property, Customer Data, integrations/API and use of Netwiz Solutions/Platforms provided for in the Terms and Conditions of Use of the Website, the Specific Conditions and applicable legislation.
13)Legal guarantees and compliance
a)When the Customer acts as a consumer, the mandatory legal rights relating to the conformity of goods, digital content and digital services apply, under Portuguese Decreto-Lei n.º 84/2021 of 18 October, including, when legally applicable, the right to have conformity restored, proportional reduction in price or termination of the contract, without prejudice to the limits, conditions and exceptions provided for by law.
b)the liability of Netwiz Systems for lack of conformity concerns the content, digital service, functionality, course, plugin, software, platform, configuration or deliverable as provided by Netwiz Systems and within the conditions under its control.
c)As a rule, the following situations do not constitute a lack of conformity attributable to Netwiz Systems:
i)changes, configurations, installations, integrations or interventions carried out by the Customer or third parties;
ii)improper, abusive use or use contrary to instructions, documentation or Specific Conditions;
iii)incompatibility with systems, equipment, browsers, plugins, themes, software versions, services, APIs, credentials or technical environments not controlled by Netwiz Systems;
iv)failures of third-party providers, including hosting, domain, email, social networks, payment gateways, external platforms, AI tools, APIs, plugins, themes, libraries or cloud services;
v)content, data, materials, instructions, campaigns, products, services, texts, images, brands, files or elements provided, approved or published by the Customer;
vi)scope changes, new functionalities, subjective preferences, requests after approval, evolution of requirements or rework not included in the contracted service.
d)When a lack of conformity, error, defect, unavailability, incompatibility or inappropriate functioning of digital content, digital service, course, plugin, software, licence, functionality, platform, configuration or deliverable is invoked, Netwiz Systems will have the right to analyse the situation, request necessary technical elements, reproduce the occurrence and, when legally permissible and technically possible, proceed with the restoration of conformity, correction, update, replacement, reconfiguration or suitable equivalent solution, before applying any price reduction, refund, credit, compensation or termination of the contract, without prejudice to the mandatory legal rights of consumers.
e)Unless expressly stated in Specific Conditions, contract, proposal, SLA, Product/Software Documentation or written communication from Netwiz Systems, this Policy does not confer additional commercial guarantees, guarantees of results, guarantees of performance, guarantees of universal compatibility, guarantees of continuous availability, guarantees of freedom from errors, guarantees of suitability for all technical environments or guarantees of indefinite maintenance of functionalities, without prejudice to the mandatory legal rights applicable to consumers and the liability that cannot be excluded by law.
f)When it comes to software, plugins, add-ons, modules, integrations/API, SaaS services, digital content, digital functionalities or Netwiz Solutions/Platforms that depend on technical requirements, system versions, WordPress, PHP, themes, plugins, browsers, servers, credentials, permissions, APIs, third-party services or specific configurations, the Customer is responsible for complying with the indicated technical requirements, maintaining the appropriate technical environment, installing or allowing the installation of updates, fixes, security patches and compatible versions made available or recommended by Netwiz Systems. The use of obsolete versions, incompatible environments, changes made by the Customer or third parties, failure to update, blocking of corrections, non-compliance with technical requirements or use outside the instructions/documentation may exclude or limit the liability of Netwiz Systems for failures, incompatibilities, unavailability or lack of conformity resulting therefrom, without prejudice to the mandatory statutory rights of consumers.
14)Ordering procedure
a)To submit a request for cancellation, rescheduling, refund, withdrawal, guarantee, conformity or complaint related to this Policy, the Customer must contact Netwiz Systems using the official contact details on the website or through the channel indicated in the applicable Specific Conditions.
b)The request must include, whenever applicable:
i)Customer identification;
ii)order, invoice, contract, subscription, plan, licence or course number;
iii)date the contract was concluded;
iv)objective description of the situation;
v)basis of the request;
vi)documentary or technical elements necessary for the analysis.
c)Netwiz Systems may request additional information, evidence, screenshots, records, temporary access, logs, technical descriptions or other elements reasonably necessary to evaluate the request.
d)The lack of sufficient elements, the Customer’s failure to cooperate or to provide access, evidence or the technical information required, or the impossibility of reproducing, verifying or confirming the situation invoked, may prevent, suspend or delay the analysis of the request, without this in itself constituting a breach by Netwiz Systems.
e)Netwiz Systems may keep records of requests submitted, communications made, elements received, decisions taken, grounds analysed, refunds granted or refused, credits assigned, access suspended or regularisations carried out, for as long as necessary to manage the request, comply with legal obligations, audit, prevent fraud, retain evidence, collect amounts due and protect legal rights, in accordance with the Privacy Policy and applicable legislation.
15)Payment providers and processing times
a)When the refund depends on payment providers, gateways, banks, digital wallets, checkout platforms or equivalent entities, the processing times and operational rules for refunds, settlement, fees, authorisations, holds and chargebacks of these third parties may affect when the funds are credited to the Customer.
b)Netwiz Systems will not be responsible for delays, blocks, refusals, retentions or procedures attributable to third party payment providers, except when they result exclusively from an error attributable to Netwiz Systems.
c)Where an acquisition, subscription, licence, download, activation, payment, renewal, cancellation or refund request is made through a marketplace, application store, repository, external platform, reseller, distributor, commercial partner or other third party, the terms, policies, cancellation rules, refund procedures, deadlines, commissions, technical limitations and commercial decisions of that third party may also apply. In such cases, Netwiz Systems will not be responsible for delays, refusals, limitations, blocks, fees, commissions, retentions, procedures or decisions attributable to that third party, without prejudice to applicable mandatory legal rights and liability that cannot be excluded by law.
16)Complaints, Portuguese Complaints Book and Alternative Dispute Resolution
a)This Policy does not affect the Customer's right to submit a complaint through legally available means, including the Portuguese Complaints Book, when applicable, nor the use of Alternative Dispute Resolution entities under the legally established terms.
b)Information about complaints, the Portuguese Complaints Book, alternative dispute resolution bodies, applicable law, competent courts and other dispute resolution mechanisms is set out in an autonomous document published on the Website and/or in the Terms and Conditions of Use of the Website, without prejudice to the applicable Specific Conditions and the mandatory statutory rights of consumers.
17)Changes to this Policy
a)Netwiz Systems may update this Policy at any time, for legal, technical, operational, commercial or adaptation reasons to its Netwiz Solutions/Platforms.
b)This version replaces previous versions for the purposes of future use of the Website, future contracting and new orders, without prejudice to contracts in progress, Specific Conditions already accepted, acquired rights, mandatory legal requirements and rules applicable at the time of contracting.
Annex I: Withdrawal form template
Complete and send this form only if you are a consumer wishing to exercise the right of withdrawal and that right applies by law.
To Netwiz Systems, Sociedade Unipessoal, Lda.
Rua 25 de Abril, no. 313, Zona Industrial do Roligo, 4520-115 Santa Maria da Feira
Email: info@netwiz.pt
I hereby give notice that I am withdrawing from the contract for the following service, course, digital content, subscription, licence, software, plugin, functionality or Netwiz Solution/Platform:
[identify the service/product covered by the contract]
Date the contract was concluded:
Order/invoice/contract number, if applicable:
Consumer name:
Consumer address:
Email address used to enter into the contract:
Date:
Consumer’s signature (only if this form is submitted on paper):
If submitting this form by email, online form or through the customer area, include enough information to identify the contract, such as your name, the email address used to contract, the order, invoice or contract number, and a clear statement that you are withdrawing.