Refund Policy and Contract Terms
This policy is valid from January 2023.
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ACCEPTANCE AND CONSENT
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Before contracting our services and accepting our terms described in this policy, please review the description items of each contracted service/plan and analyze the delivery conditions and policies, term changes, requirements, and cancellation, as disclosed in the store/website or the proposal sent by email. Check everything carefully because it will be worth what is here, plus the information available in the description of the service/plan contracted.
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IT IS IMPORTANT TO REMEMBER THAT YOU CONTRACT OUR SERVICES/PLANS IN A VOLUNTARY WAY, PROVIDING INFORMATION ABOUT THE BRAND AND YOUR DATA AS OWNER OR LEGAL REPRESENTATIVE OF THE BRAND SO THAT WE CAN PROVIDE THE SERVICE AND PROVIDE GUIDELINES, BEING AWARE THAT THIS IMPLIED IN THE AUTOMATIC ACCEPTANCE OF PROVIDING DATA FOR INUP.DIGITAL USE IN THE PROVISION OF SERVICES AND THE CREATION/MANAGEMENT OF DIGITAL MEDIA.
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THIS MEANS THAT YOU DECLARES THAT YOU ARE CAPABLE AND OVER 18 YEARS OF AGE, ALSO THAT YOU PROVIDE ONLY TRUE INFORMATION, AND THAT YOU UNDERSTAND AND AGREE WITH ALL THE CONDITIONS PRESENTED IN THIS REFUND POLICY AND TERM OF GENERAL CONDITIONS OF THE AGREEMENTS, AS WELL AS WITH EVERYTHING THAT IS DESCRIBED ON CONTRACTED PLANS. JUST LIKE INUP'S DATA PRIVACY POLICY.
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WHY DO WE HAVE THIS DOCUMENT?
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First, we seek to be transparent and ethical with our customers and the general public.
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Second, this policy provides an overview of our contractual practices, deals with payments and automatic renewal, and is based on the Brazilian Consumer Law Code, such as the law regarding the right of withdrawal, detailed in CDC - Law no. 8,078 of September 11, 1990, which provides for consumer protection and other measures:
Art. 49. The consumer may withdraw from the contract within 7 days from its signature or the act of receiving the product or service whenever the contracting of supply of products and services takes place outside the commercial premises, especially by telephone or telephone residence.
Single paragraph. If the consumer exercises the right of repentance provided in this article, the amounts eventually paid, in any capacity, during the reflection period will be returned immediately, monetarily updated.
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IMPORTANT DEFINITIONS IN THE CONTEXT OF OUR POLICY
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CONTRACTORS/inUP.digital - refers to the CNPJ inUP.digital/ OR OPEN ACTIVITY OF PORTUGAL and the partners/third parties involved, which will be legal entities contracted according to the needs of the services provided.
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CONTRACTING PARTY/BRAND REPRESENTATIVE - refers to the person who owns or is the legal representative of the brand, that is, the person who hires the services.
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RESPONSIBILITIES:
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Article 1 - About Hiring
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After contracting/paying the first installment to the brand representative, a form (briefing) will be sent by email, or automatically, to be completed, which the contracting party has up to seven days to complete, with the information describing the brand, products/services, expectations and marketing, and communication objectives. In that way, after returning the completed briefing, or even after seven days have passed from contracting/paying, the purchase confirmed, and there is no longer an option to cancel for the registration period provided for in the Brazilian CDC.
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From the delivery of the briefing and/or the confirmation of other information that we will send by e-mail the production of the contracting services begins, then, effectively, and the deadlines be to count.
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Article 2 - About Values, Deadlines, Amendments, and Renewal
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Each plan has its description of values ​​and installments (when allowed), they also describe the deadlines for partial deliveries, which must be added plus the deadline for delivering the completed briefing and confirmation that additional information has been properly sent.
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The contracted plan may involve partial deliveries that are divided according to inUP's planning and the total delivery will only occur after finalizing all payments by the brand representative. In case of delay in payment of the brand representative, there is an immediate suspension of deliveries until full settlement, including payment of fine, monetary corrections, and interest, but there will be changes in deadlines for other deliveries. Importantly, there will be no deliveries beyond the deadline of the contracted plan, which means that some deliveries may be lost due to delays by the contractor, whether in terms of payment or lack of information/materials requested or even due to lack or delays in approval by the brand representative or any other reason for delay coming from the contracting party. And all of this, with no charge to inUP, no refunds, no breaks in installments, or any reason for cancellation. In this case, the brand representative will continue to owe the installments due in full and within the stipulated period.
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The value of the first installment or full payment (in cash purchase) of the contracted plan will be charged from the purchase in the store or confirmation by email or digital signature of the contract (whichever occurs first) the other monthly installments are charged on the same date of subsequent months, while the contract is in force or there may be arrears charged even if the contract has been finalized.
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The brand representative is responsible for currency conversion fees if you contract outside Brazil or Portugal, or in another currency other than the Real or the Euro. Therefore, there is nothing to be deducted from the value of the contracted inUP plan. The payment invoice will be sent within 5 days before the due date, but even if you do not receive the invoice, the contractor is aware of the need for payment. However, any delay or lack of value will be re-sent with the difference due plus a 10% fine, monetary correction of the equivalent currency, and 5% interest per month.
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The plan that was contracted in a promotional plan, or with a discount, in case of late payment of any monthly installment will lose the benefit and the amount of a 10% fine, monetary correction of the equivalent currency and 5% of interest per month will be on the full value of the plan, without the promotion/discount.
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It is also important to consider the items described in the plan and the quantity and deadlines for changes allowed for creation. Remembering that these changes cannot be of concepts, which follow the guidelines given in the briefing. Therefore, anything that deviates from the description will be considered an additional service and charged separately. Consult before requesting the values ​​with us, because the payment must be made additionally, before the final delivery or the extra service will not be carried out. The same goes for changes outside the contract term or beyond those provided for in the plan.
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Once the content has been approved (or delegated approval to a brand representative), the option not to approve, or the approval deadline has expired will be no further adjustments. In the case of calendar plans, if approval is not returned within 48 hours, the idea will be considered definitively approved. In the case of creating parts, when allowed and within the limit of changes in the contracted plan, the return must be within 24 hours after delivery and that occurs within the term of the contract. And for each change requested, when foreseen in the contract can be completed, inUP will need time to reformulate, at least 72 hours to recreate/re-edit/reproduce. Important: If it is still not approved after amendment, if there is a delay in sending the contracted materials (beyond the requested deadline), or if there is a delay in approvals, the deadlines for partial deliveries may be extended within the term of the contract. But if you pass this deadline, there will be no more deliveries and the amount will continue to be charged normally.
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Attention! Some services have automatic renewal provided for in the online plan and/or in the contract, so as not to continue charging follow the step by step of articles 3 - 5.
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Article 3: About the Right of Cancellation
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The plans offered may be canceled within the first seven days from the day of purchase online, as provided for in the Brazilian law of repentance of the CDC, or until the contracting party (or its representative) completes the briefing form (which must also be sent within 7 days). So it's what comes first.
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This cancellation, during these initial 7 days, will only be considered if the brand representative sends an email to: inupdigital.contact@gmail.com with the subject: "Cancellation due to the right of repentance".
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It will only be accepted if received within the deadline and by the other conditions, without having started any creation/editing/production/posting. We will send you an email confirming receipt and effective cancellation.
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If the cancellation does not comply with the above conditions, the amount will not be refunded and the installments will be charged. And even if it has automatic renewal, they will be charged normally, until the cancellation procedure takes place correctly and within the period provided for in this refund policy, with formal acceptance by inUP in a return email.
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To cancel the automatic renewal services, prior notice of cancellation must be given at least 15 days before the next expiration date, but only after the contract has been completed. Otherwise, the service will still be considered under the current contract with the repetition of the briefing, if new materials and information are not sent. And there may not be deliveries if you don't have any material available or viable to develop content production. This cancellation, during these 15 days before the renewal, will only be considered if the contracting party sends an email to: inupdigital.contact@gmail.com - subject: "Automatic renewal cancellation". And it will only be accepted if received within the deadline and by the other conditions. We will send an email confirming receipt and the effective cancellation.
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Another form of cancellation only applies to annual plans, for monthly installments, and if more than 6 installments are paid in that year, paid on the correct due date, and only after 60 days' notice, as well as the payment of the next two installments, and more than 10% of the total contract value, referring to other planning, creation and delivery services diluted by all installments. This, is if the notice is sent to the email: inupdigital.contact@gmail.com - subject: "Cancellation of annual contract". In this case, sending proof of the total amount paid for cancellation and receipts for all 6 installments for the corresponding year. The same will only be validated after our confirmation of receipt of the email and payments.​
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Article 4: The Refund Policy
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​If you requested cancellation and have fulfilled the requirements described above according to one of the two cancellation possibilities (right to regret within 7 days after contracting or requesting that there is no automatic renewal in the month to restart the new contract), we will analyze the e e-mail with your request (please include the reason for cancellation in this e-mail to help us improve our service). This review can take up to 7 days.
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After analysis, we will carry out your cancellation in a process that may take up to 30 days for the reversal of values, when necessary.
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It is important to note that there may be a charge for services already in production. Thus, the necessary amount will be deducted or the cancellation will be refused, and installments will be charged normally.
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Other cases that do not deal with the 7-day repentance period, provided for in Brazilian Consumer Law laws, will not be accepted. There is no refund of amounts paid for the services provided, even if the customer feels dissatisfied, after all, the approval stages were offered and the opportunity to change according to the chosen and contracted package.
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There is also no refund in cases where the contractor does not send material/information and we are unable to create/manage what was contracted within the plan. In this case, the contracting party assumes full responsibility for its lack of planning and administration of the current period of the contract.
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Article 5: About Copyright and Public Reactions
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The pieces created are for the contracting brand, therefore, they cannot be resold or copied by other brands. If the plagiarism of the pieces is characterized, this fact will be the responsibility of the brand representative, he may be sued in court and will have to pay for the moral/intellectual damages caused.
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All material sent is the responsibility of the contracting party and, therefore, it must pay attention to copyright issues, in particular, when sending testimonials, images, audiovisuals, etc. Everything must be self-authored or have express and written authorization from the author/personality/witness, or it must still come from a free image bank for commercial purposes, if necessary. It is also important for the contracting party to pay attention to approvals that, if not carried out within the deadline, will be considered approved by inUP and may be posted (if the contract also applies to postage management).
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All material (study/idea/piece/art/text/audiovisual/content) produced by contractors may be presented on our social media, website, app, and other systems as a portfolio of inUP and the partners involved in its creation or its development.
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Article 6: About the Data Protection and Privacy Policy
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The information sent in the briefing follows our Privacy Policy on the data collected to study the brand's needs for the creation/management of the contracted parts.
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If the brand representative requests it by email after completing the contracted work, we may delete your data. To do so, the same representative of the brand simply sends a request to our e-mail with the subject "Deletion of Brand and Representative Data".
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However, we will continue to maintain the right of contractors provided for in article 5 over the pieces created, which may also serve as a portfolio.
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Article 7: Regarding the contracting party's other responsibilities:
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Everything that was delivered or posted, therefore, considered approved, is the sole responsibility of the contractor, who must take care of his audience and the reactions to each published content.
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The brand representative must manage the contacts (contacts, in Portuguese from Portugal) received and give feedback to his audience. Also how to take care of technical problems on the platform, which prevent the effective publication of the pieces created. Therefore, no type of penalty applies to inUP.digital, in the event provided for in this section, including the repercussion of the published post.
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The brand representative is solely responsible for hosting payments, tariffs, or payments to technological platforms, either for boosting posts or any other investments in digital media if he so chooses. Even the packages do not include services related to the development of marketing or sales strategies, these services deal with the production of digital content for the contractors' strategies. For additional instruments, and complex objectives, there are other inUP.digital services, which can be signed via contract amendments with additional values.
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It is also the responsibility of the brand representative to verify and resolve possible technical problems with digital media together with the platforms. When the media platform does not allow the publication of a certain format or does not allow schedules if provision is made for the management of inUP.digital postings in the plan, there will be no posting, only the delivery of the piece. Thus, the contracting party pays the monthly contract fees, normally, while working with the media platforms and then taking care of future posting/programming.
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The brand representative must follow the guidelines given by inUP to obtain the best results planned in the marketing strategy, including taking care to send new and well-photographed/recorded materials with resolution quality, sent in the means indicated by us, but if you choose not to must remember that he will be solely responsible for the strategic result or the lack of it because he did not follow all the past orientations and insisted on strategic thinking different from the one guided.
Article 8: On judicial matters:
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The forum of Santo André/SP - Brazil or Faro/Algarve - Portugal (according to the contract) is elected to resolve any issues or disputes resulting from this contract, waiving the representative of the brand from any other jurisdiction, however privileged it may be.