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REEL CONTENT | GENERAL TERMS AND CONDITIONS OF SALE
Last updated: 11.02.2025
These General Terms and Conditions of Sale (GTCS) apply to all services made available online on the Reel Content Website which are intended exclusively for commercial Clients. The Reel Content Website does not offer or provide services to consumers and, therefore, under the terms of Decree-Law 7/2004, of January 7, the obligations to provide means of identification and correction of errors, prior information, as well as acknowledgment of receipt of the order by Reel Content and subsequent confirmation of the order by the Client are expressly waived.
By requesting a service, the Client agrees to be bound by these GTCS.
General terms and conditions of purchase that differ from those of Clients do not apply and are not accepted.
Client: The legal or natural person, who does not act as a consumer, but for purposes that fall within the scope of its commercial, industrial, craft or professional activity, contracts the Services through the Website, upon payment of a price, determined by Reel Content.
Instructions: The specifications relating to the content that the Client wishes to be produced, which will appear clearly, precisely and concisely in the Brief.
Content: Materials that may include texts, images, videos, audios, produced by the Creators based on the Script.
Proposed Content: Content created by a Creator in compliance with the Script.
Final Content: Content expressly or tacitly accepted by the Client.
Creators: Third party service providers registered on the Reel Content Website, who may be selected by Reel Content to provide the Services requested by the Client through the creation of Content.
Script: The script drawn up by the Creator based on the Brief with a view to creating the Content.
Website: The website operated by Reel Content, accessible via the link (https://www.reel-content.com/).
Social Media Platforms: The social media platforms indicated by the Client in the Brief.
Privacy Policy: Reel Content's privacy policy as available on the Website in the version in force at any given time.
Products: The good(s) or service(s) that the Client wishes to promote described in the Brief.
Reel Content: Trademark owned by Leonor Varennes Mendonça Forbes Godinho Arbués Moreira, sole proprietor, with TIN number 275229769 and business address at Rua das Necessidades, n.º 32, 1.º Esq., 1350-219 Lisboa.
Revision: The possibility for the Client to ask Reel Content for changes to the Script or to the Proposed Content in compliance with the Script, on the grounds that they do not fit the Brief or the accepted Script, respectively.
Brief: Written description with Instructions of the desired content, submitted on the Website by the Client using the form provided for this purpose, and subject to acceptance by Reel Content.
Services: The services provided by Reel Content to the Client under these GTCS.
3. CONCLUSION OF THE CONTRACT
3.1. The Client submits an order for the provision of a Service by submitting the Brief on the Website. By submitting the Brief on the Website, the Client (i) declares that he/she is a person authorized to place orders and (ii) accepts these GTCS. Reel Content shall inform the Client of receipt of the order by means of an acknowledgment of receipt within a maximum of [3] working days, which does not yet constitute acceptance of the order, but merely confirmation that the order has been received. The moment of conclusion of the contract occurs upon confirmation of receipt by Reel Content of full payment of the price by the Client.
3.2 Reel Content reserves the right to modify these GTCS at any time without prior notice. Any changes shall enter into force immediately after their publication on the Website. If the Client submits a Brief prior to the modification of the GTCS, the version when the Client submitted a Brief shall apply. Therefore, before submitting a Brief on the Website, the Client should consult the GTCS to find out which version is in force at any given time, using the date of the last update at the top as a reference.
4. SERVICE ORDERING PROCESS
4.1 In order to contract Reel Content's services, the Client must submit a Brief on the Website, which must clearly, objectively and concisely identify the Instructions relating to the Content that the Client wishes to be produced.
4.2. Reel Content will confirm receipt of the Brief within 3 working days and, within a maximum period of [15] working days, inform the Client of acceptance or non-acceptance of the same whenever it considers, in its sole discretion, that it is unfeasible, inappropriate, unlawful or for any reason inadequate.
4.3 In the event of acceptance of the Brief, Reel Content will select from among the Creators registered on the Website, at its sole discretion, those it will consult for the production of the Content, with the Creators having a maximum period of [5] working days to accept the Brief.
4.4 Once the period referred to in the previous paragraph has elapsed and no breeder has accepted the Brief, Reel Content shall immediately inform the Client.
4.5 In the event of acceptance of the Brief by one or more Creators, Reel Content will select, at its sole discretion, which Creator will produce the Content and will immediately inform the Client of the respective price and payment methods accepted by Reel Content to make the respective payment.
4.6. The Client shall have a period of up to [10] working days to pay the price and send the respective proof of payment to Reel Content, at the end of which, without Reel Content receiving the total price, the Client shall be deemed not to wish to proceed with the order for the service(s) submitted to Reel Content.
4.7. After full payment of the price by the Client, the Creator will draw up a Script which, after being reviewed by Reel Content, will be sent to the Client within a maximum of [15] working days from the date of confirmation of receipt by Reel Content of full payment of the price by the Client.
4.8. The Client has a maximum of [15] working days to accept or request, free of charge, up to one (1) revision of the Script, exclusively in the event that the Script submitted does not comply with the Brief's Instructions and provided that it is duly substantiated. Once the deadline has elapsed and the Client has not commented on the Script, it shall be deemed to have been accepted by the Client.
4.9. The revision of the Script will be subject to the terms referred to in clauses 4.7 and 4.8.
4.10. After acceptance of the Script, the Creator will prepare the Proposed Content which, after being reviewed by Reel Content, will be sent to the client within a maximum of [15] working days from receipt of the Product by the Creator.
4.11. The Client has a maximum period of [10] working days to accept or request, at no additional cost, up to a maximum of one (1) revision of the Proposed Content, exclusively in the event that the Proposed Content submitted does not comply with the Script accepted by the Client and provided that it is duly substantiated. Once the deadline has elapsed and the Client has not commented on the Proposed Content, it is deemed to have been accepted by the Client and becomes Final Content.
4.12. The revision of the Proposed Content shall be subject to the terms referred to in clauses 4.10 and 4.11.
4.13. Any request for Revision submitted by the Client which is not (i) based on non-compliance with the Brief or Script, as applicable, (ii) made after the deadlines or (iii) additional to those set out in Clauses 4.8 and 4.11 of these GTCS shall be subject to payment of an additional price submitted by Reel Content to be settled within a maximum period of [10] working days and shall be made after confirmation of payment and within the deadlines referred to in Clauses 4.7 and 4.8 or 4.10 and 4.11, as applicable.
4.14. When the Script or the Proposed Content has been subject to a Revision, the revised Script or the revised Proposed Content, as applicable, shall become the Final Content, unless the Client requests further Revisions within a maximum period of [5] working days and pays the price under the terms referred to in the previous paragraph.
4.15. The revision of the revised Script or the revised Proposed Content will be subject to the terms referred to in clauses 4.7 and 4.8 or 4.10 and 4.11, respectively.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. Reel Content exclusively assigns to the Client, for the total price agreed under the terms of these GTCS, for 12 (twelve) months after the Final Content is made available to the Client, without any geographical limitation, the image and voice rights of the Creators as well as all intellectual property rights not originally assigned to the Client, including the rights to reproduce, copy, distribute, transmit, publish, send, export, in whole or in part, as well as sublicense these rights over the Final Content, namely for campaigns and marketing of the Products, including the use of such content on social networks globally, websites, digital formats, and other marketing activities provided that they are expressly identified in the accepted Brief and/or Script.
5.2 With the exception of the intellectual property rights that are originally assigned to the Client, all image and voice rights as well as the intellectual property rights of other materials, such as alternative versions of the Script, Proposed or Final Content that have not been accepted by the Client are not assigned to the Client.
5.3 Without prejudice to the provisions of clause 5.2, the Creator may not use the remaining materials, such as alternative versions of the Script, Proposed or Final Content that have not been accepted by the Client, if and to the extent that they include intellectual property rights that are originally assigned to the Client.
5.4 Without prejudice to the provisions of clause 5.1, the Client undertakes to use the Final Content respecting the specific format designed and the purpose for which it was produced, including social media platforms and other means that have been identified in the accepted Brief and/or Script. Any modification to the Final Content must always be agreed between the Parties.
5.5 During the twelve (12) months referred to in clause 5.1, the Final Content(s) may be included on Reel Content's Website and other platforms, as well as on the portfolio, website, platforms and social networks of the Creator(s) they own for marketing purposes, with the prior authorization of the Client.
6. DATA PROTECTION AND CONFIDENTIALITY
6.1 Reel Content will process the Client's personal data in accordance with the Privacy Policy, available here, which forms an integral part of the GTCS.
6.2 Reel Content shall keep confidential any confidential information received from the Client and identified as such, and may not disclose it to third parties, with the exception of the Creators, or use it for any purpose other than that provided for in these GTCS.
7. CLIENT'S OBLIGATIONS AND RESPONSIBILITIES
In addition to the other obligations arising from these GTCS:
7.1. The Client undertakes to supply all the Products, including replacement Products, in the event that the Products are damaged upon delivery to the Creators, necessary for the production of the Content, bearing all costs.
7.2 The Client undertakes that the Brief submitted to the Website does not contain any viruses, worms, malware, spyware, Trojans or any other malicious code that may compromise the security, integrity, availability or operation of the Website, platform, system or equipment of Reel Content.
7.3 The Client undertakes to obtain and maintain all licenses, consents and permissions relating to the Products and materials comprising the Content that are necessary for Reel Content and the Creators to perform their obligations under these GTCS.
7.4 The Client warrants that all intellectual property rights in the Products and materials it makes available to Reel Content and the Creators are its property or those of its licensors and that it is entitled to make them available to Reel Content and the Creators.
7.5. The Client shall be liable to Reel Content for any breach of these GTCS, including by its employees, agents, representatives or authorized persons.
7.6 The Client assumes sole responsibility for the content of the Final Content, whether expressly or tacitly accepted, including compliance with all applicable laws and guidelines of the competent advertising authorities.
7.7 The Client acknowledges Reel Content's right of recourse against it for any and all sums that Reel Content or the Creators may be required to pay as a result of the infringement of any intellectual property rights or applicable advertising laws.
8.1. The prices of the Services requested by the Client will be determined by Reel Content taking into account the type of service, the Product to be promoted, the type of Creator desired, the duration selected, the environment, format, aspect ratio and extras desired.
8.2 The prices presented by Reel Content to the Client under the terms of clause 4.5 are expressed in Euros, plus TIN at the rate in force at any given time.
8.3 If the Client fails to make payment in accordance with clause 4.6, it shall be understood that the Client does not intend to proceed with the order for the service(s).
8.4 Performance of the contract in accordance with clauses 4.7 et seq. shall only commence once payment has been confirmed by the Client.
9. BREACH AND TERMINATION OF CONTRACT
9.1 In the event of non-compliance by either party with these GTCS, the aggrieved party shall notify the other party, claiming compliance, by registered letter with acknowledgement of receipt.
9.2 After 10 (ten) days have elapsed from the date of receipt of the written notification claiming the non-compliance of an obligation referred to in clause 9.1. without the same having been made in the meantime, the aggrieved party may terminate the Contract.
9.3 Termination of the Contract shall also be carried out by written notice to the other Party, sent by registered mail with acknowledgement of receipt, which shall expressly state the grounds for termination and the date from which termination takes effect, such notice being deemed effective even if it is returned by the postal services for not having been claimed, through no fault of the recipient. In the latter case, the notification will take effect from the date it is returned by the postal services.
9.4 Termination of the Contract shall take effect in accordance with the law, and the Party who exercised that right shall be compensated for any proven losses suffered, in accordance with the following Clause.
10. RESPONSIBILITY OF REEL CONTENT
10.1 Reel Content shall not be liable for any damages resulting from errors or omissions in the Content but shall only be obliged to correct them as soon as it becomes aware of them.
10.2 In any event and to the maximum extent permitted by law, Reel Content's liability shall never exceed the price paid by the Client for the Service in dispute.
10.3 Reel Content shall not be liable for any indirect, incidental or consequential damages arising out of or in connection with these GTCS, in particular, loss of business opportunities, loss of profits, loss of Clients, use or loss of use of data or orders transmitted electronically or moral damages of the Client or third parties.
11. FORCE MAJEURE
11.1 Neither party shall be held liable for failure to comply with or delay in complying with the obligations assumed in these GTCS when such failure or delay is due to unforeseeable circumstances or force majeure.
11.2 For the purposes of this clause, force majeure events include natural disasters (such as earthquakes, floods, storms), fires, pandemics, acts of government, general strikes, armed conflicts, terrorism, unexpected systemic failures, failure of a public utility or transportation or telecommunications network, or any other unforeseeable or unavoidable event beyond the control of the Parties.
11.3 The Party affected by an event of force majeure shall notify the other Party in writing as soon as possible, indicating the nature of the event, its expected duration and the impact on the performance of the contract.
11.4 If the force majeure situation persists for a period of more than [30] days, the Parties may negotiate the continuation, temporary suspension or termination of the contract without any compensation or penalties for either.
12. PARTIAL INVALIDITY/INEFFECTIVENESS
12.1 Each of the provisions of these GTCS shall be observed by the Parties in the precise terms agreed.
12.2 If, however, any provision of these GTCS were to become or be considered, in whole or in part, invalid, illegal or unenforceable, not only shall all the others remain in force, but the Parties shall seek to replace the provision in question with another which, taking into account the context and the will of the Parties, enables the purposes originally sought to be achieved.
13. TOTAL AGREEMENT
13.1 These GTCS constitute the entire agreement between the parties and replace and extinguish all previous agreements, promises, guarantees, information and understandings between them, whether written or oral, relating to their subject matter.
13.2 The Parties acknowledge that neither has relied on any representation, agreement or promise made by the other party, or even implied verbally or in writing, other than those expressly set out in these GTCS or on the Website.
14. ASSIGNMENT OF RIGHTS OR OBLIGATIONS
The Client may not, without Reel Content's prior written consent, assign its contractual position or pass on any debts arising from these GTCS.
15. NON-EXCLUSIVITY
15.1 These GTCS do not establish any exclusive relationship between the Parties, and Reel Content may provide services to other clients, including the Client's competitors, provided that the duties of confidentiality are respected and that such activities do not jeopardize the performance of the obligations assumed in these GTCS. Likewise, the Client may hire other professionals or companies to carry out services similar or identical to those provided for in these GTCS, without this constituting any violation of Reel Content's rights.
15.2 These GTCS also presuppose that no exclusive relationship is established between the Creators and the Client, or vice versa, under the same terms referred to in the previous paragraph, a condition which the Client acknowledges and accepts.
16. COMMUNICATIONS
16.1. Communications between the parties shall be made in writing by registered post with acknowledgement of receipt, where required by these GTCS, or by e-mail to Reel Content [leonor@reel-content.com] or to the e-mail address provided by the Client when submitting the Brief.
16.2. When these GTC require delivery by registered mail with acknowledgement of receipt to the registered office or professional domicile, respectively, they are deemed to have been received (i) on the date of delivery, (ii) on the date of collection from the postal office in question, according to the information provided by the postal services. In the event that it is impossible to deliver the letter because its receipt is rejected by the Receiving Party, or in the event that the Receiving Party does not pick it up at the post office within the time available for this purpose, it will be deemed to have been received by the Receiving Party on the date of its return by the postal services.
16.3 When communications are sent by e-mail, they are deemed to have been received on the date of sending as recorded by the sending server.
17. APPLICABLE LAW AND JURISDICTION
17.1 These GTCS are governed by Portuguese law.
17.2 Any dispute arising from the interpretation and/or execution of these GTCS shall be submitted to the jurisdiction of the Portuguese courts.
17.3. The present TGCS are written in Portuguese and English, with the Portuguese version prevailing in case of any interpretative doubt.