GENERAL TERMS AND CONDITIONS OF SERVICE

STREAMLINING SERVICES, UNIPESSOAL LDA

REVISION CONTROL

Revision

Date

Description

Author

0

28/03/2019

Initial Issue – Foundation of Streamlining Services

Management

1

25/05/2019

Added GDPR Compliance and Privacy Policy sections

Management

1. GENERAL PROVISIONS AND ACCEPTANCE

1.1. Application: These General Terms and Conditions apply to all services provided by STREAMLINING unless otherwise specified in the special terms and conditions of a specific client proposal.

1.2. STREAMLINING: Refers to Streamlining Services, Unipessoal Lda, headquartered at Rua do Mercado 80, 4990-102 Ponte de Lima, Portugal.

1.3. Acceptance: The start of an assignment is subject to the Client’s acceptance of the technical and financial proposal. Acceptance is validly provided via email confirmation or through the issuance of a Purchase Order (PO).

1.4. Implied Acceptance: By contracting the Services, requesting their commencement, or allowing STREAMLINING to perform any task associated with the Proposal, the Client expressly acknowledges and accepts these General Terms and Conditions in their entirety.

1.5. Validity: Technical and financial proposals are valid for one (1) month from their date of issue. STREAMLINING reserves the right to modify the terms after this period.

2. PROPERTY RIGHTS AND INTELLECTUAL PROPERTY

2.1. Commissioned Work: All information, documents, and results created by STREAMLINING within the strict framework of an assignment will be considered “commissioned work.” Upon full payment, related copyrights—including rights of use, commercial rights, and communication to the public—will be transferred to the Client globally.

2.2. Alternative Classification: Insofar as the work is considered a collective or collaborative work rather than commissioned, STREAMLINING shall transfer all property rights to the Client upon request. STREAMLINING will provide necessary documentation to protect the Client’s rights on said work.

2.3. Proprietary Documents: This document and any pre-existing methodologies or tools remain the property of STREAMLINING and may not be reproduced or communicated to third parties without prior written agreement.

3. NON-SOLICITATION AND PROTECTION OF PERSONNEL

3.1. Restrictive Covenant: Unless there is a prior written agreement, STREAMLINING and the Client undertake not to employ or cause to work (directly or through other members of personnel) any employees or consultants involved in STREAMLINING assignments initiated or commissioned by the Client.

3.2. Duration: This clause remains valid during the entire period of the assignment and for the twelve (12) months following its completion.

3.3. Liquidated Damages: In the event of a breach of this clause, the Client shall pay STREAMLINING an immediate indemnity corresponding to 150% of the individual’s gross annual remuneration (including all taxes, bonuses, and benefits).

4. LIABILITY AND CONSEQUENTIAL DAMAGES

4.1. Liability Cap: The total liability of STREAMLINING for any claims, losses, or damages relating to the assignment shall not exceed the amount actually paid (exclusive of taxes) under the specific contract.

4.2. Indemnity Calculation: All expenses incurred and services provided by STREAMLINING to redress or indemnify the Client will be counted toward the calculation of this total liability.

4.3. Waiver of Recourse: The Client, its employees, agents, sub-contractors, and their respective insurers waive their rights of recourse against STREAMLINING beyond the maximum liability stated in this Clause.

4.4. Excluded Damages: STREAMLINING shall not be held responsible for moral prejudices (consequential or not) and consequential damages, including loss of sales, profits, revenue, or any customer claims.

4.5. Third-Party Systems: STREAMLINING is not liable for losses resulting from the use of software, hardware, or services supplied by the Client or a third party, even if the possibility of such damages was known or anticipated.

5. CONFIDENTIALITY

5.1. Mutual Undertaking: Both parties undertake to keep confidential all information regarding the object and performance of the services.

5.2. Public Declarations: Upon request, STREAMLINING undertakes not to make any public or private declarations about the works carried out or results obtained for the Client.

5.3. Personnel Guarantee: STREAMLINING acts as a guarantor towards the Client for the fulfillment of these obligations by its personnel.

6. SAFETY AND DATA PROTECTION

6.1. Risk Specification: Both parties shall specify, at the start of an assignment, any risks or nuisances arising from their activities. The Client shall specify mitigation measures and appropriate means to minimize risks to STREAMLINING engineers, the environment, and the product.

6.2. Internal Safety: Training on internal safety rules specific to the Client falls under the Client’s responsibility. Identified risks may be contained in a document signed by both parties.

6.3. Data Integrity: The Client must take all necessary measures to avoid loss of data (files, memories, documents). The Client shall permanently keep a copy of all documents and back up its data and programs, providing only copies to STREAMLINING.

7. FORCE MAJEURE

7.1. STREAMLINING shall not be held responsible for any delay or non-execution due to force majeure, including acts/omissions of the Client, major equipment breakdown, irregular electricity supply, telecommunications failures, or any event outside STREAMLINING’s control. The execution period will be extended accordingly.

8. GUARANTEES AND CLAIM PERIOD

8.1. Professional Standard: STREAMLINING guarantees that all work will be performed by skilled personnel in line with good practice. NO OTHER GUARANTEE OF ANY KIND, WHETHER WRITTEN, VERBAL OR IMPLICIT (INCLUDING GUARANTEES OF SUITABILITY FOR A SPECIFIC USE) WILL BE APPLICABLE.

8.2. Thirty-Day Limit: Any claim relating to work executed must be lodged within thirty (30) days after the conduct of the works. After this period, claims are only valid if it is proven the dysfunction could not have been reasonably ascertained earlier, in which case a claim must be filed within 30 days of the discovery. All claims must be supported by a detailed report.

9. TERM AND TERMINATION

9.1. Notice Period: In the event of premature termination for any reason, the notice period will be sixty (60) days starting from the date of receipt of the notice.

10. PRIVACY POLICY AND GDPR COMPLIANCE (RGPD)

10.1. Data Controller: STREAMLINING acts as the Data Controller for personal data processed during the provision of services, in compliance with Regulation (EU) 2016/679 (GDPR) and relevant Portuguese legislation (Lei n.º 58/2019).

10.2. Purpose of Processing: Personal data (including but not limited to names, contact details, professional certifications, and technical records) is processed solely for the purposes of contract execution, airworthiness compliance, safety management, and legal obligations.

10.3. Data Sharing: Personal data may be shared with civil aviation authorities (e.g., ANAC, EASA) or subcontracted partners only when strictly necessary for the fulfillment of the Services or legal mandates.

10.4. Data Retention: Personal data shall be stored for the duration of the contract and for the period required by aviation safety regulations (e.g., EASA Part-CAMO requirements) and tax laws.

10.5. Data Subject Rights: The Client’s personnel and stakeholders have the right to access, rectify, erase, or limit the processing of their data, as well as the right to data portability. Requests must be sent to office@streamlining.solutions.

10.6. Security Measures: STREAMLINING implements appropriate technical and organizational measures to ensure a level of security appropriate to the risk, protecting data against unauthorized access, loss, or destruction.

11. GOVERNING LAW AND JURISDICTION

11.1. Applicable Law: Any gap or omission in the contract shall be filled by general legal provisions.

11.2. Jurisdiction: Any conflict arising from this contract will be settled exclusively by the Judicial Court of the District of Ponte de Lima, Portugal.

Offices Portugal

Rua do Mercado 80 A
4990-102 Ponte de Lima
Portugal

Offices Malta

Abacus Business Centre, Level 1 Dun Karm Street, B’Kara Bypass
BKR 9037
Birkirkara
Malta

Phone

+351 926 538 234

Email

office@streamlining.solutions

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