Terms of sale and subscription

1. Purpose and scope

These terms apply to every order for a website build and subscription placed with BALLES Mehdi, a sole trader trading as ALDireto.pt (SIREN 514 518 123, 1 Rond-Point de Paris, 75009 Paris, France), referred to as « ALDireto.pt » or « I ». The client is the owner or operator of an Alojamento Local (AL) who orders for their business. The services are not intended for consumers (see article 16).

If the Portuguese, French and English versions differ, the French version prevails. An accepted quote prevails over these terms on the points it specifies.

2. Services

Three plans are offered: Showcase, Direct Booking and Complete. The detailed content of each plan is that of the pricing page at the date of the quote, supplemented by the quote itself. Options (extra language, local page, extra property) can be added.

3. Quote and order

I issue a quote, in Portuguese, French or English, valid for 30 days. The order is binding once the client accepts the quote and makes the first payment. Before paying, the client ticks the box accepting these terms and the one-year subscription with automatic renewal, including payment of the remaining monthly fees in the event of early cancellation.

Order cancellation and refund. The order is cancelled by e-mail to web [at] aldireto.pt. Before I receive the information and photos needed to build the website, all amounts paid are refunded in full. Once the work has started, the deposit paid (or, for the Showcase pack, the price paid at the time of the order) is retained. Once the website is ready to go live and has been presented to the client, the full creation price is due. After go-live, no refund of the creation price is made. If delivery is more than 30 days later than the date confirmed in writing, for a reason that does not depend on the client, the client may cancel and obtain a refund of the amounts paid.

4. Prices and VAT

Prices are in euros. VAT not applicable, art. 293 B of the French tax code (CGI). The build price is paid once; the subscription is billed in addition (article 10). Payment provider fees on payments received through the client's website are borne by the client.

5. Payment

Payment is made online through Stripe. The subscription cannot be paid by MB WAY, which does not support recurring payments, but only with one of the other payment methods. The Showcase plan is payable when ordering. The Direct Booking and Complete plans are payable in two instalments: 50% when ordering, 50% when the website goes live. In the event of late payment, penalties are due at three times the legal interest rate, plus a fixed recovery fee of €40. The remaining monthly fees in the event of early cancellation follow section 10.

6. Delivery times

Delivery times run from receipt of all the necessary information and photos: Showcase 1 week, Direct Booking 2 weeks, Complete 3 to 4 weeks. The time is suspended while anything is missing and while I wait for the client's feedback (approval, corrections). A delivery date is confirmed in writing. Two rounds of corrections are included; further changes are quoted separately.

7. Client's obligations

• provide accurate information, and texts and photos the client has the rights to;
• reply within reasonable time to approval requests;
• comply with the rules applicable to their business (RNAL registration, display of the registration number, obligations towards guests, legal notices on their own website);
• manage their booking calendar and their accounts on the platforms (Airbnb, Booking.com);
• not send me email account passwords.

8. Going live and acceptance

The website goes live after the client's approval. If there is no written feedback within 7 days after going live, the website is deemed accepted, without prejudice to the correction of malfunctions reported afterwards.

9. Hosting and domain name

Hosting and the domain name (.pt or .com) are included in the subscription. The domain name is registered in the name of the client or their company. I pay for hosting and the domain annually. The hosting is of the shared type (a server shared with other websites). The domain transfer code is provided on request, provided the client's payments are up to date.

10. Subscription

• Compulsory : the subscription is compulsory, because it covers the running costs of the website. Without it, the website stops working.
• Content: hosting, domain name, technical updates, backups, security and support. The Complete plan also includes one content update per month (about 30 minutes, not cumulative from one month to the next).
• Price: €12 per month (Showcase), €19 per month (Direct Booking), €39 per month (Complete), or, paid a year in advance, €120, €190 or €390 (2 months of subscription free).
• One-year commitment from the day the website goes live, with monthly or annual payment. With monthly payment, the monthly fees of the commitment year are due and are non-refundable.
• Tacit renewal: at the end of each year, the subscription renews automatically for one year on the same terms.
• Reminder: about 45 days before each renewal, I email the client the renewal date, the amount and the deadline to cancel. If this reminder is not sent in time, the client may cancel free of charge at any time from the renewal, and the unused period is refunded.
• Cancellation: free of charge, at least 15 days before the renewal date, from the subscription management link (Stripe portal) or by email to web [at] aldireto.pt. It takes effect at the end of the current year. Cancelling during the year gives no right to a refund: the subscription runs to its end and, with monthly payment, the remaining monthly fees of the year are invoiced in a single payment, as set out below.
• Early cancellation with monthly payment. If the client cancels the monthly subscription before the end of the commitment year, all the remaining monthly fees up to the end of that year become due in a single payment. I send an invoice for that amount, payable within 15 days of being sent. By ticking the acceptance box before the first payment, the client agrees to receive this invoice and, where applicable, to pay it with the payment method they have saved, according to the schedule, the amount (number of remaining months multiplied by the monthly price of their plan) and the cancellation policy set out in these terms. The remaining monthly payments are the price of the subscription agreed for a fixed one-year term, not a penalty. Until the end of the commitment year, the website stays online and hosting, updates, backups, security and support continue to be provided, provided the invoice is paid.
• Non-payment of the balance invoice. If the invoice is not paid by the due date, I send a reminder and, failing payment, a formal notice in writing (email or registered letter). Eight days after a formal notice that has had no effect, the website hosting may be suspended and the file passed to a debt collection agency. The late-payment penalties and the fixed €40 fee of section 5 apply. During the suspension, the files are kept for 30 days and payment of the sums due puts the website back online. After that period, they may be deleted, without prejudice to the sums due.
• After the subscription ends: updates, backups, security, support, hosting and the booking engine licence (Direct Booking and Complete plans) stop. The website stays online until the end of the current annual hosting period and is then taken offline. Within 30 days after the subscription ends, the client may request the transfer of their domain name to the provider of their choice, for a flat fee of €22, and the latest backup of their website (content, texts, photos and data), excluding my templates, code and the booking engine, whose licence ends with the subscription. No other service is owed and the transfer of the complete website is excluded. After this period, the files may be deleted.

11. Intellectual property

The client remains the owner of their texts, photos and trademarks, and grants me the right to use them to build and run their website. I keep ownership of my templates, methods and code; the client has a right to use the website for the duration of the subscription. For the Complete plan, the rights to use the delivered logo are assigned to the client after full payment of the build. The website may display a discreet « Website created by ALDireto.pt » link in the footer.

ALDireto.pt reserves the right to showcase the website created (screenshots, name of the property and a link to the website) in its portfolio and communication materials, unless the client objects in writing. The client may ask for its removal at any time by email.

12. Warranties and limits of liability

• I have an obligation of means. I do not promise any number of bookings or any particular position in search results.
• Calendar synchronisation with Airbnb and Booking.com uses iCal and is not instant, each platform updates calendars at its own pace, which can take from a few minutes to several hours. There is therefore a risk of double booking. The client remains responsible for managing their bookings.
• Payments received through the client's website go to their own Stripe account, under Stripe's terms.
• I am not liable for interruptions or changes decided by third parties (hosting provider, Stripe, booking platforms).
• Except for gross negligence or wilful misconduct, my liability is limited to the amount paid by the client over the previous 12 months.

13. Personal data

Data processing is described in the privacy policy. On the client's website, the client is the data controller for their guests' data; I act as a technical provider, and a data processing agreement can be provided on request.

14. Force majeure

Neither party is liable for a delay or failure caused by an event of force majeure within the meaning of French law.

15. Changes to the terms

The terms that apply are those in force on the date of the order. A later change does not apply to orders in progress.

16. Consumer clients

These services are intended for businesses. If a client acts exceptionally as a consumer, the mandatory rights granted by the law of their country, in particular the 14-day right of withdrawal for distance contracts, remain applicable.

17. Governing law and disputes

These terms are governed by French law. In the event of a dispute, the parties first seek an amicable solution (web [at] aldireto.pt). Failing that, the courts of Paris have jurisdiction for business clients, without prejudice to a consumer's rights.