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Termos e Condicoes

ABRAS – Brazilian Association Terms & Conditions If you sign up these terms and conditions, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern ABRAS Brazilian Association relationship with you in relation to our service providing. If you disagree with any part of these terms and conditions, you should prefer not to sign up this document and not to pay any fee. 1. Definitions a) ‘The Company’ means ABRAS Brazilian Association; b) ‘Work’ means the Company availably to appointment for face-to-face consultation, consultation over telephone or internet platform (e.g. Skype, WhatsApp and others) service providing such as representing a claim before any authority (e.g. Home Office, Consulates, and others), document translation, correspondence receiving and keeping or any other service supplied by the Company. c) ‘Client’ means any person, company, firm or entity to whom the Company shall supply, or contract to supply, Work. 2. Application of Conditions Dealings between Clients and the Company shall be governed exclusively by these conditions. Any conditions proposed by the Client are hereby excluded unless specifically agreed in writing by the Company. 3. Membership and services a) These terms and conditions are in force as soon as the Client makes a payment for the Company for the service contracted and sign up the membership form agreeing with these terms and conditions b) The Company operates on a membership basis. The company will provide services to the Client in accord with these terms in conditions only after receiving a membership fee and the Client information registration. The membership is valid for a period of 6 months from the date of payment. The membership fee is subject to alterations and is displayed on the Company’s website and in its premises. c) A member is allowed to appoint a partner as a depend member. d) The appointments for consultations will be offer in accord with an agenda system. The Client is allowed to book at maximum one appointment a day. The consultations will have a length of 30 minutes. If the Client arrives more than 15 minutes late another appointment will be offered at the earliest convenience. e) The maximum of 2 persons are allowed to participate of a consultation. f) The membership fee cover: a. Free consultations for a period of 6 months in accord with these terms and conditions; b. Discount on services provided by third service providers, such as translators; g) The company may offer additional services, such as representation in claims, translation of documents and telephone calls (interpreting over the line). Each service has a different price and it depends on each case own merits. For this reason, the services prices may vary and The Company is not obliged to offer the same price for its Clients. h) In any circumstances the Company will inform the Client on the progress of Work and will be available to communicate with its Clients who contracted the company’s Work; however, face-to-face consultations are available only to Clients with a membership active – which means a paid membership fee within the last 6 months of the request for an appointment for face-to-face consultation. i) The client agrees to pay any outstanding fee in accord with the client care letter issued by the company in regards to service contracted by the client. 4. Quotation, Prices and Payment Procedure 2 a) Verbal quotations, if requested, are given for guidance only. They are not binding on the Company. The Company may produce writing offers of prices for services, those offers does not constitute a legally binding contract. b) The company will produce a receipt for any service contracted by the client. c) For payments made from distance, E.g. bank transfer into the Company’s bank account, the client should produce an evidence for the transaction before the Company issue a receipt. d) The Company will deliver every Work contracted by the client and will be available to communicate with the client in accordance with these terms and conditions. However, the Company cannot guarantee that the Client will always be attended by the same member of staff or adviser who dealt previously with the client. e) Cheques should be made payable to ABRAS Brazilian Association. Payment may be requested prior to the commencement of Work. Payment of invoices outside these terms will be subject to the remedies contained within the provisions of the Late Payment of Commercial Debts (Interest) Act 1998. 5. Completion of Work The company makes every effort to deliver promptly. However, any date agreed by the Company for delivery is given and intended as an estimate only. The Company will make every endeavor to meet such an estimated date but shall not be liable to make good any damage or loss whether arising directly or indirectly out of its failure to meet such date. The company is no liable for any delay on the Work caused by any third part. The company will issue a closure letter for each Work contracted by the client. 6. Cancellation and Refund The Company will not issue any refund when the Client for any reason decided to cancel the Work. If the Client for any reason cancels Work which he or she has commissioned, charges will be payable for all completed Work up to the date of cancellation and for all other costs and expenses which may have been incurred as a result of such cancellation; The Company will fully refund the Client in circumstances where the Company decides not to deliver the Work contracted by the Client; The Company will be available to deliver the work contracted by the Client, however, if the Client repeatedly fail to respond the Company’s requests or if the Client do not give writing instructions it is their intention to pause to work after 1 year from the date the work was contracted, the Company will assume the Client no longer requires the work. If the Client wishes to make a claim for refund of contracted service, they must sent their claim in writing to: ABRAS 59 Station Road London NW10 4UX or 3 info@abras.org.uk Quoting their membership number, producing the receipt for the service contracted and describing the reason why they think the fee should be refunded in accordance to these terms and conditions. Each case will be decided in its own merits. 7. Documents storage and Delivery Any document or material may be stored by the Company as hard copy or in a retrieval system for a period of time unless the Client instructs the Company otherwise. Delivery is deemed to have taken place on posting or delivery to a carrier, or on the completion of an e-mail or fax transmission, as the case may be, and the risk shall pass to the Client 8. Liability a) The Company shall be relieved of all liability for obligations incurred to the Client whenever and to the extent of which the fulfilment of such obligation is prevented by any cause beyond its control. b) The Company shall not be liable to the Client or to any third party in any circumstances whatsoever for any consequential loss or damage of any kind (including loss of profit) and the Client shall indemnify the Company against all claims and demands upon the Company for any such consequential loss or damage. c) As a result of any error or omission in the Work undertaken by the Company, the Company will offer the Client to redo the same Work without any additional costs provided that such fee has been paid in accordance with these Conditions of Business. The Company liability shall not exceed the fee payable. d) A complaint by the Client in respect of any Work shall be notified to the Company within seven days of receipt of the Work by the Client, but this does not preclude the obligation to settle accounts within the period as specified on the invoice. Failure to submit a complaint in the period shall release the Company from any liability under Clause 8. 9. Illegal Matter Notwithstanding any other term of any contract, the Company shall not be required to perform or to deal with any matter which in its opinion is or may be of an illegal or libelous nature. The Company shall be indemnified by the Client in respect of any claims, proceedings, costs and expenses arising out of any libelous matter translated or otherwise dealt with for the Client, or for any infringement of law, patent or design or other third-party right. 10. Translation a) Regarding translations: Every reasonable effort is made to ensure the accuracy of Work by selecting translators with appropriate qualifications and experience. However, in the event of any error or omission, liability to the Client or to any third party will be strictly limited to the contract price for the Work, provided that such fee has been paid in accordance with these Conditions of Business. It is likely that differences may arise, for example, between two different legal systems and a word would not have an accurate equivalent in the target language. In 4 cases where the conflict may arise between the Work and the original document on which the Work is based, the Client is advised to revert to the original version. b) The Company shall be under no obligation to indicate or correct errors or omissions in the Client’s original material. The Company cannot and will not assume liability for conversions from one system of units into another, for the translation of abbreviations or the transcription of proper nouns from one script into another, nor for the correctness of the transcription of any form of numerical data contained in the translated material. 12. Jurisdiction These conditions shall be interpreted in accordance with English law. The Courts of England shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the engagement letter and any matter arising from it. Each party irrevocably waives any right it may have to object to any action being brought in those courts, to claim that the action has been brought in any inconvenient forum, or to claim that those Courts do not have jurisdiction. 14. Communicating with You Unless otherwise agreed, we may correspond by means of the Internet or other electronic media. Because of the nature of the Internet, we cannot guarantee the security and integrity of electronic communications sent by or to you. Whilst it is our policy to check our email correspondence with anti-virus and malware software, we cannot guarantee that transmissions will be free from infection. The Company shall do its best to respond promptly to letters or calls made to its office by the Client, However, the Client should understand that at busy times an immediate reply is not always possible. If the Client needs to see a member of staff, they should telephone first for an appointment as otherwise they may not be seen. In any event, the Company will reply the Client within 3 working days. 15. Data protection The Companyis committed to processing data in accordance with its responsibilities under the GDPR. A. Article 5 of the GDPR requires that personal data shall be: a. processed lawfully, fairly and in a transparent manner in relation to individuals; b. collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes; c. adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed; d. accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay; e. kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and 5 freedoms of individuals; and f. processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.” B. General provisions a. This policy applies to all personal data processed by The Company. b. The Responsible Person shall take responsibility for the The Company’s ongoing compliance with this policy. c. This policy shall be reviewed at least annually. d. The Company shall register with the Information Commissioner’s Office as an organisation that processes personal data. C. Lawful, fair and transparent processing a. To ensure its processing of data is lawful, fair and transparent, The Companyshall maintain a Register of Systems. b. The Register of Systems shall be reviewed at least annually. c. Individuals have the right to access their personal data and any such requests made to The Companyshall be dealt with in a timely manner. D. Lawful purposes a. All data processed by The Companymust be done on one of the following lawful bases: consent, contract, legal obligation, vital interests, public task or legitimate interests (see ICO guidance for more information). b. The Companyshall note the appropriate lawful basis in the Register of Systems. c. Where consent is relied upon as a lawful basis for processing data, evidence of opt-in consent shall be kept with the personal data. d. Where communications are sent to individuals based on their consent, the option for the individual to revoke their consent should be clearly available and systems should be in place to ensure such revocation is reflected accurately in the The Company’s systems. E. Data minimization a. The Companyshall ensure that personal data are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed. b. [Add considerations relevant to the The Company’s particular systems] F. Accuracy a. The Company shall take reasonable steps to ensure personal data is accurate. b. Where necessary for the lawful basis on which data is processed, steps shall be put in place to ensure that personal data is kept up to date. c. [Add considerations relevant to the The Company’s particular systems] G. Archiving / removal a. To ensure that personal data is kept for no longer than necessary, The Companyshall put in place an archiving policy for each area in which personal data is processed and review this process annually. b. The archiving policy shall consider what data should/must be retained, for how long, and why. H. Security a. The Companyshall ensure that personal data is stored securely using modern software that is kept-up-todate. b. Access to personal data shall be limited to personnel who need access and appropriate security should be in place to avoid unauthorised sharing of information. c. When personal data is deleted this should be done safely such that the data is irrecoverable. d. Appropriate back-up and disaster recovery solutions shall be in place. 6 I. a. Should a person require a copy of document which contains their name or refers to them, they should make a claim by filling up a proper application form provided by the Company and produce an evidence of address and an evidence of identity (valid document with photo). J. Breach In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data, The Company shall promptly assess the risk to people’s rights and freedoms and if appropriate report this breach to the ICO (more information on the ICO website).

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