Definitions
The following terms are used throughout this document. Understanding them is important for interpreting these Terms of Service.
| Term | Meaning |
|---|---|
| "BlueWave IT" | BlueWave IT, a managed IT services provider operating in the Algarve region of Portugal. |
| "Client" | Any individual, company, or organisation that engages BlueWave IT for services or accesses this website. |
| "Services" | All managed IT support, cybersecurity, cloud management, backup, network, and consulting services provided by BlueWave IT. |
| "Agreement" | The service agreement or proposal accepted between BlueWave IT and the Client, together with these Terms of Service. |
| "Website" | The BlueWave IT website and any associated web properties operated by BlueWave IT. |
| "Personal Data" | Any information relating to an identified or identifiable natural person as defined under the GDPR. |
Acceptance of Terms
By accessing our website or engaging BlueWave IT's services, you confirm that you have read, understood, and agreed to be bound by these Terms of Service.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these terms. If you do not have such authority, or do not agree with these terms, you must not use our services.
Services Provided
BlueWave IT provides managed IT services to small and medium businesses in the Algarve region of Portugal. The scope of services is defined in each Client's service agreement or proposal. Services may include:
- Managed IT support, helpdesk, and remote troubleshooting
- Endpoint monitoring, patch management, and system maintenance
- Cybersecurity, endpoint protection, email security, and MFA deployment
- Cloud management, Microsoft 365 administration, and backup solutions
- Network infrastructure, firewall management, and Wi-Fi optimization
- IT consulting, roadmap planning, and vendor guidance
BlueWave IT reserves the right to modify, suspend, or discontinue any service with reasonable notice. Changes to the core scope of a Client's service agreement will be communicated in writing.
Client Obligations
To enable BlueWave IT to deliver services effectively and securely, Clients agree to the following obligations:
- Provide accurate and complete information about your IT environment, users, and business requirements.
- Grant BlueWave IT the necessary access, credentials, and administrative permissions required to perform managed services.
- Notify BlueWave IT promptly of any security incidents, suspected breaches, or changes to your IT environment that may affect service delivery.
- Ensure that end-users within your organisation follow reasonable IT security practices as advised by BlueWave IT.
- Pay invoices in accordance with the agreed payment schedule and terms.
- Not use BlueWave IT's services for any unlawful purpose, or in any way that violates applicable Portuguese or EU law.
Payment Terms
BlueWave IT operates on a monthly subscription model. Pricing is defined per user per month as agreed in the Client's service proposal or agreement.
- Invoices are issued monthly and are due within 30 days of the invoice date, unless otherwise agreed in writing.
- Pricing is in Euros (EUR) and is exclusive of applicable taxes including VAT (IVA), which will be added to invoices as required by Portuguese law.
- Late payments may incur statutory interest as provided under Portuguese commercial law (Decreto-Lei n.º 62/2013).
- BlueWave IT reserves the right to suspend services if an account remains in arrears for more than 30 days after the payment due date.
- Pricing may be reviewed annually. Clients will be notified at least 30 days in advance of any changes.
Intellectual Property
All content on the BlueWave IT website — including but not limited to text, graphics, logos, icons, images, and software — is the exclusive property of BlueWave IT and is protected under applicable Portuguese and EU intellectual property law.
Any tools, scripts, templates, processes, or methodologies developed by BlueWave IT in the course of delivering services remain the intellectual property of BlueWave IT, unless explicitly assigned to the Client in writing.
Client data, content, and systems remain the property of the Client at all times. BlueWave IT only accesses Client data to the extent necessary to perform the agreed services.
Data & Privacy
BlueWave IT is committed to protecting personal data in accordance with the General Data Protection Regulation (GDPR — Regulation (EU) 2016/679) and the Portuguese data protection legislation (Lei n.º 58/2019).
- BlueWave IT acts as a data processor for Client personal data encountered during service delivery. The Client acts as the data controller.
- Personal data is only processed for the purpose of delivering the agreed services and is not sold, rented, or shared with third parties without consent, except where required by law.
- BlueWave IT implements appropriate technical and organisational security measures to protect personal data against unauthorised access, loss, or disclosure.
- Clients may request a Data Processing Agreement (DPA) as required under GDPR Article 28. Contact us at legal@bluewave-it.pt.
For full details on how we handle personal data, please review our Privacy Policy.
Limitation of Liability
BlueWave IT provides services with reasonable skill and care. However, IT systems involve inherent risks, and BlueWave IT does not guarantee uninterrupted or error-free service delivery.
BlueWave IT shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of data, loss of profits, business interruption, or damage to reputation.
BlueWave IT is not liable for failures caused by circumstances beyond its reasonable control, including but not limited to: power outages, internet service interruptions, acts of third-party vendors, cyberattacks on unmanaged systems, or force majeure events.
Termination
Either party may terminate the service agreement by providing 30 days' written notice, unless a different notice period is specified in the Client's service agreement.
- BlueWave IT may terminate immediately in the event of a material breach by the Client, non-payment of invoices, or use of services for unlawful purposes.
- Upon termination, BlueWave IT will provide a reasonable transition period to assist the Client in migrating to alternative support arrangements.
- All outstanding invoices become due and payable upon termination regardless of the reason for termination.
- BlueWave IT will return or securely delete Client data within 30 days of termination, as instructed by the Client.
Service Levels
BlueWave IT is committed to delivering responsive and reliable support. The following response targets apply to standard managed service agreements:
| Priority | Description | Response Target |
|---|---|---|
| Critical | Complete service outage or security incident affecting business operations | Within 1 hour |
| High | Significant issue impacting multiple users or key business functions | Within 4 business hours |
| Medium | Single-user issue or degraded performance with workaround available | Within 8 business hours |
| Low | General queries, minor issues, or scheduled work requests | Within 2 business days |
Service levels are targets, not guarantees. Specific SLA commitments and remedies may be defined in individual service agreements.
Governing Law & Jurisdiction
These Terms of Service are governed by and construed in accordance with the laws of Portugal. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the Portuguese courts.
Where the Client is a consumer under Portuguese consumer protection law (Lei n.º 24/96), those statutory protections continue to apply in full. Nothing in these terms limits or excludes any rights granted to consumers under applicable Portuguese or EU law.
For business clients based within the EU, the applicable provisions of EU Regulation 2016/679 (GDPR) and related EU directives apply alongside Portuguese national law.
Changes to These Terms
BlueWave IT reserves the right to update or modify these Terms of Service at any time. When material changes are made, we will update the "Effective Date" at the top of this page and, where appropriate, notify active Clients by email.
Continued use of our services following the posting of updated terms constitutes acceptance of those changes. If you do not agree with a material change, you may terminate your service agreement in accordance with the notice period defined in Section 09.
Contact & Legal Notices
If you have questions about these Terms of Service, wish to submit a legal notice, or require a Data Processing Agreement, please contact us using the details below: