Website owner of e-nif.net is FRKN Corporation, a company based in Delaware, United States.
By accepting the Terms & Conditions, an "Agreement" is established between the user of the website, referred to as the "Client," and the owner of the website, referred to as the "Service Provider." Each party may also be referred to individually as a "Party" and collectively as the "Parties."
Any individual who registers and applies for services offered on https://e-nif.net/ through the website is deemed aware of and accepts the terms and conditions of use and processing of personal data.
DEFINITIONS
In this Agreement, the following terms have the indicated meanings:
"Website" refers to the website accessed via the link: e-nif.net
"Agreement" refers to this Services and Consulting Agreement
"Starting Date" refers to the day of acceptance of this Agreement
"Company" refers to the company that the Client intends to incorporate in Portugal
"Platform" refers to the website where the Service is available, owned, controlled, managed, maintained, and/or hosted by e-nif.net
OBLIGATIONS OF THE SERVICE PROVIDER
2.1. The Service Provider will provide the services (referred to as the "Services") as defined and described in Paragraph 4.
2.2. The Service Provider commits to maintaining regular communication with the client throughout the duration of the Agreement.
OBLIGATIONS OF THE CLIENT
3.1. The Client commits to providing any required documents, input, and information requested by the Service Provider in a timely manner to facilitate the provision of the Services.
3.2. The Client's identity documents must meet the requirements, be valid, and contain their signature. Failure to meet these requirements may prevent the certification of documents and the initiation of the process.
SERVICES AND TERMS OF PROVISION
4.1. Company Incorporation
4.1.1. The Initial Scope of the Agreement involves the Service Provider providing the Client with consultancy services for the establishment of a limited liability Company in Portugal. This includes assisting in the incorporation of the Company, its registration with social security, and other competent authorities. The specific services provided are as follows:
Applying for and obtaining Portuguese taxpayer IDs from the competent authorities
Applying for and obtaining approval for the Company's scope and name reservation certificate
Providing a registered business address for the Company's registration in Portugal
Executing all necessary process steps to incorporate the Company at the Registry
Paying all government fees for taxpayer IDs, Company name reservation, and Company Registration
4.1.2. The Monthly Scope of the Agreement involves the Service Provider providing the Client with consultancy services for the ongoing management of the company in Portugal. This includes the following monthly services:
Receiving the Company's mail and notifying the Client about all correspondences (correspondences will be deleted 14 days after scanning)
Scanning and emailing digital copies of all important Company correspondences
4.1.3. The state fee paid for company creation is non-refundable. Refunds may only be provided for processing fees.
All services are provided to individuals and cannot be provided to other parties. Invoices will only be issued in the client's name and not to any entities.
4.2. NIF
The Client appoints the Service Provider to represent their interests and the interests of their family members and to undertake the necessary actions on their behalf for the application and acquisition of the Portuguese taxpayer ID (Número de Identificação Fiscal). The scope of work includes:
Applying for and issuing Portuguese taxpayer IDs from the Tax and Customs Authority (Autoridade Tributária e Aduaneira)
Provision of a local tax representative for non-residents for a period of one year
4.2.1. The user ("User") declares and confirms that they have never possessed, applied for, or been assigned a Número de Identificación Fiscal (NIF) or equivalent tax identification number in their country of residence or any other jurisdiction.
4.2.2. The User further declares and confirms that they have never authorized, instructed, or permitted any other person, entity, or third party to apply for, obtain, or use a NIF or equivalent tax identification number on their behalf or for their benefit.
4.2.3. The User acknowledges that providing false or misleading information regarding their NIF status may result in the termination of their account, access to services, and/or penalties under the laws and regulations governing the use of tax identification numbers.
4.2.4. The User agrees to promptly notify e-nif.net in writing if their NIF status changes or if they become aware of any inaccuracies or omissions in the provided information.
4.2.5. e-nif.net reserves the right to request additional documentation or information from the User to verify their NIF status and compliance with the terms and conditions. Failure to provide such documentation or information upon request may result in the termination of the User's account and access to services.
The cost of requesting the NIF includes one year (12 months) of fiscal representation. After that year, fiscal representation will automatically renew at a rate of €99/year and will be charged to the client's payment card. The client may cancel this service after becoming a tax resident in Portugal and updating their address with the tax office or finding another fiscal representative and informing e-nif.net about it.
4.2.6. The User acknowledges and agrees that if e-nif.net contacts the relevant tax office or authority and discovers that a NIF or equivalent tax identification number has already been assigned to the User, any service fees paid by the User to e-nif.net related to the application or assistance in obtaining a NIF shall be deemed non-refundable.
4.3. NHR
The Client appoints the Service Provider to represent their interests and undertake the necessary actions on their behalf for registration under the Non-Habitual Resident (NHR) regime in Portugal.
4.4. NISS
The Client appoints the Service Provider to represent their interests and the interests of their family members and to undertake the necessary actions on their behalf for the application and issuance of the Portuguese social security number (Número de Identificação da Segurança Social) from the social authority (Segurança Social).
4.5. Self-employment registration
The Client appoints the Service Provider to represent their interests and the interests of their family members and to undertake the necessary actions on their behalf for self-employment registration. This includes applying for and issuing Portuguese taxpayer IDs from the Tax and Customs Authority (Autoridade Tributária e Aduaneira) and providing a local tax representative for non-residents for a period of one year. The cost of self-employment registration by a tax representative is €490.
4.6. Open bank account
The Client appoints the Service Provider to represent their interests and the interests of their family members and to undertake the necessary actions on their behalf for the application and issuance of a bank account. This includes applying for and obtaining a bank account from a bank branch. The cost of the bank account service is €300 (€500 for in-person service), which consists of two parts: a process fee of €150 (€250) and a success fee of €150 (€250). This cost does not include the initial deposit or the bank's monthly fees. If the bank refuses the application or the client requests a refund, the Service Provider will refund 50% of the cost of the service. The current turnaround time for opening a bank account is estimated at 3-4 weeks, but it is not guaranteed. e-nif.net is not a bank and cannot guarantee the opening of an account by a specific date.
4.7. NIE
The Client appoints the Service Provider to represent their interests and the interests of their family members and to undertake the necessary actions on their behalf for the application and issuance of the Spanish Identification Number for foreigners (Número de Identificación de Extranjeros) from the Police. The scope of work includes applying for and obtaining the NIE, certifying clients' documents, and obtaining and sending document scans or mailing them if required. The current turnaround time for obtaining an NIE is estimated at 21 days, based on the availability of appointments and is not guaranteed. In the event of refusal by the police, the Service Provider will refund 100% of the cost of the service. If the client requests a refund, the Service Provider will refund 50% of the cost of the service.
DURATION, CHARGES, AND PAYMENT TERMS
5.1. Agreement Duration: The Agreement is effective from the Start Date until canceled with prior notice from the Client. The Client must send an official notice to the Company via email one month prior to the termination of the Agreement. All obligations, including payment obligations for services already provided up to the termination date, must be fulfilled.
5.2. Charges for Services: In consideration of the Services provided, the Client agrees to pay the Service Provider the Charges, plus any applicable taxes and duties.
REFUND POLICY
6.1. The Service Provider is released from liability for any failure or delay in the performance of obligations in case of renouncement by the compliance department or relevant institution.
6.2. If a refund is deemed necessary, e-nif.net will refund the client an amount equal to the exact payment made for the specific service, without any additional percentage or compensation fees. By using the services, clients agree to this refund limitation and acknowledge that they will not be eligible for further compensation beyond the original payment amount.
6.3. The Service Provider is not obligated to make a refund except as specified in sections "4.2.6" and "6.1".
6.4. Refunds will be made only to the same card used by the client for the application.
REPRESENTATIONS AND WARRANTIES
Each Party represents and warrants that as of the Effective Date:
It has the necessary corporate power and authority to enter into this Agreement and perform its obligations.
This Agreement constitutes a legal and binding obligation enforceable against the Party.
The Services provided by the Service Provider will be performed independently and in compliance with applicable laws, rules, and regulations.
Both Parties will comply with all applicable laws, rules, and regulations related to the Agreement.
COMPLIANCE WITH LAWS
Both Parties agree to comply with all applicable laws, regulations, and governmental requirements in performing their obligations under the Agreement.
CONFIDENTIALITY
9.1. Both the Client and the Service Provider agree not to disclose to third parties any information received from the other party that is identified as confidential or under circumstances where confidentiality is reasonably expected. This excludes disclosure to authorized representatives, attorneys, employees, auditors, consultants, agents, subcontractors, or other individuals with a confidential relationship or agreement ("Representatives").
9.2. Each party is responsible for ensuring that its Representatives comply with the confidentiality provisions. Confidential or proprietary information must not be disclosed to third parties, affiliates, or potential competitors of the other Party. Both Parties must take reasonable measures to prevent the disclosure of such confidential or proprietary information to third parties during the term of the Agreement and for a period of two (2) years after its expiry or termination.
FORCE MAJEURE
10.1. The Parties are not liable for any failure or delay in the performance of their obligations under this Agreement if such failure or delay is caused by circumstances beyond their reasonable control. These circumstances may include Acts of God, natural disasters, fires, floods, wars, civil disturbances, sabotage, terrorism, epidemics, riots, utility interruptions, computer malfunctions, communication service disruptions, accidents, labor disputes, actions by civil or military authorities, or governmental actions.
10.2. If such circumstances occur, the Party affected must notify the other Party within 10 days.
10.3. If force majeure circumstances persist for more than 60 days, either Party has the right to terminate the Agreement.
CONTRACT DISPUTES AND APPLICABLE LAW
11.1. The Parties agree to resolve any disputes related to the conclusion, interpretation, execution, and termination of the Agreement through negotiations.
11.2. This Agreement shall be governed by the laws of Portugal.
11.3. In the event of unresolved disputes following the complaint procedure or non-response to a claim, any dispute, controversy, or claim arising from this Agreement shall be resolved through legal proceedings.
FINAL PROVISIONS
12.1. By using the Platform, the Customer agrees to the Terms of Services.
12.2. The owner of the Website reserves the right to engage third parties to provide the services described in the Terms of Services.
12.3. e-nif.net (the owner of the website) reserves the right to modify the Terms of Services, either in whole or in part, at any time. The Customer will be notified of such changes via email or a notice on the Website.
Please note that this paraphrased version of the original text has been done to the best of my abilities. If you have any specific requirements or need further assistance, feel free to let me know.