Terms and Conditions

1. Parties, business use, and acceptance

eprportugal.com is operated by Zahard LTD, registered at United Kingdom under registration number 14503377 (tax or VAT number GB 452262020), with registered office at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ, United Kingdom.

In these terms, “we”, “us”, and “Provider” mean the contracting provider identified in the legal notice and in the accepted Engagement Letter. “Client” and “you” mean the business identified in that accepted document. The Provider contracts only for services it expressly accepts in writing.

These terms apply only where you obtain a service wholly or mainly for the purposes of a trade, business, craft, or profession. By signing an Engagement Letter or Service Agreement, paying an invoice that refers to these terms, or instructing us to begin after receiving them, you confirm that you act for a business and have authority to bind it. We do not offer these services to consumers.

Creating an account, completing the eligibility quiz, or receiving an estimate does not by itself require you to buy or require us to accept a file. A service engagement begins only when we confirm acceptance in writing and the conditions stated in the quote or Engagement Letter, including signature, verification, and payment, have been met.

2. Contract documents and order of priority

The agreement for a file may consist of these terms, the accepted quote, the Engagement Letter or Service Agreement, an authorised-representative mandate aligned with Annex VII where applicable, and a Data Processing Agreement. If they conflict, the following order applies: the signed Engagement Letter or Service Agreement; the signed mandate for matters concerning the appointment; the Data Processing Agreement for personal-data processing; the accepted quote; then these terms.

A quote is based on the facts and volumes you provide and is valid for 30 days unless it states another period. If verification identifies a different waste stream, packaging category, historical exposure, tax treatment, or service requirement, we will issue a revised quote and will not perform the additional work until you approve it.

Only the services and compliance periods expressly listed in the accepted quote or Engagement Letter are included. Marketing pages, calculators, articles, target dates, and informal conversations are explanatory and do not expand the agreed scope.

3. Services and exclusions

An accepted Engagement Letter may cover eligibility review, collection and review of business information, preparation or coordination of producer-registration and declaration materials, support relating to membership of a producer responsibility organisation, a compliance calendar, portal records, or marketplace guidance. No regulated filing, authorised-representative appointment, or third-party relationship is made available merely by using this website or accepting these general terms.

We provide a private administrative and compliance-coordination service. We are not the Agência Portuguesa do Ambiente, SILiAmb, a government body, a marketplace, or a producer responsibility organisation, and we are not affiliated with or endorsed by them. Registrations, memberships, producer numbers, official certificates, and other decisions are issued or controlled by the relevant authority or organisation, not by us.

Unless expressly included, the service does not cover VAT registration or returns, customs, product-safety compliance, tax or legal opinions, access to or operation of your marketplace account, eco-design or labelling work, obligations outside Portugal, waste streams not listed in the Engagement Letter, or periods before the agreed start date. Historical regularisation, corrections arising from previously omitted or inaccurate data, and urgent or out-of-cycle work require a separate written quote.

4. Authorised representation

The contracting Provider is not represented by these terms as being established in Portugal or as being a Portugal-established authorised representative, and these terms do not identify any other person as holding that regulated role.

If an accepted service requires authorised representation, an appointment exists only when the representative’s verified identity, registered details, exact powers, covered waste streams, start date, and termination terms are recorded in a separately signed mandate or equivalent file-specific document. Using this website, receiving a quote, accepting these general terms, or paying for another service does not create that appointment. If the required identity and approval checks are incomplete, that element remains unavailable.

The appointment does not remove the Client’s own legal duties as producer. The Client remains responsible for its products, classification, records, quantities, eco-contributions, prior periods, and compliance outside the representative’s express mandate.

5. Client responsibilities

You must provide complete, accurate, current, and non-misleading information and documents, including legal identity, authority of the signatory, tax identifiers, sales channels, product catalogue, packaging materials and weights, electrical equipment and batteries, quantities placed on the Portuguese market, and relevant sales history. You must promptly correct anything that becomes inaccurate.

You must respond to reasonable verification requests, keep portal access secure, review filings and summaries when asked, retain the underlying records required by law, pay authority and scheme charges when due, and tell us immediately about changes that could affect the scope. You may not ask us or an appointed representative to submit information you know or suspect is false, incomplete, misleading, or unlawful.

For recurring compliance, you must provide and validate requested data by the file-specific cutoff stated in the Engagement Letter or later written notice. Dates shown on public pages are explanatory and are not contractual cutoffs. You are responsible for marketplace submissions and settings; we provide guidance but do not access or control your seller account.

6. Fees, taxes, and third-party charges

The accepted quote states the service tier, first-year recurring fee, one-time setup fee, and any separately priced work. First-year fees are payable in advance and no filing or organisation application is made until cleared payment is received, unless we expressly agree otherwise in writing.

The final quote and invoice state the applicable VAT or other tax treatment. You must provide a valid VAT or tax number and the information needed to determine that treatment. Where reverse charge applies, you are responsible for accounting for the relevant tax. If law requires us to add or collect a tax that was not included, that tax is payable in addition to the service fee.

Eco-contributions, scheme membership or licence charges, authority charges, notarisation, translation, courier costs, and other third-party charges are not included unless the quote expressly says they are. For an authorised-representative file, the appointed representative by default contracts with the scheme, declares, and executes payment. The producer may execute payment only through a documented tripartite contract or a representative–scheme contract with the producer–representative agreement attached, subject to scheme acceptance and the counsel-controlled final wording. Other third-party charges are invoiced or reimbursed only through the mechanism stated in the accepted quote.

Estimates of eco-contributions are planning estimates based on your inputs and the available tariff data. Actual charges are determined by the relevant scheme and may differ because of classification, minimum fees, tariff changes, or verified quantities.

7. Payment and invoicing

Payments are processed through the method shown at checkout or on the invoice. You authorise our payment providers to process the payment information you submit. We do not store full card details. An invoice is made available after confirmed payment.

You must pay an undisputed invoice by its stated due date, without set-off or deduction except where required by law. If you dispute an invoice, notify [email protected] before the due date, identify the disputed amount and reasons, and pay any undisputed part. Failed, reversed, or chargeback payments remain due unless the underlying invoice was incorrect.

A payment does not guarantee that an authority, scheme, or marketplace will accept an application. It pays for the agreed work, subject to the cancellation and refund rules below.

8. Timing and third-party decisions

Any delivery date shown on the website, quote, portal, or email is a good-faith target, not a guaranteed deadline, unless the Engagement Letter expressly calls it a binding service level. Timing begins only when we have accepted complete and satisfactory documents, all required signatures, cleared payment, and any information requested by the relevant authority or scheme.

EPR processing time depends on document completeness and the independent review of each relevant authority, representative, and organisation. Requests for evidence, public holidays, technical outages, and classification questions can extend processing. We will keep an accepted file’s status current and notify you of a material delay we become aware of, but we do not promise an issuance or completion date.

We do not guarantee a particular regulatory, tax, scheme, or marketplace outcome. If a third party rejects or questions a file, the included service covers a reasonable response based on the agreed scope and accurate information. New facts, prior-period work, appeals, litigation, or material rework may require a separate quote.

9. Cancellation and refunds

You may cancel a new engagement by emailing [email protected]. If we receive the cancellation before the first submission or application is made to an authority, registry, producer responsibility organisation, or other external body, and before we incur a third-party cost with your approval, we will refund all service fees paid for that engagement.

After the first external submission or an authorised third-party commitment, fees are not automatically refundable because the agreed work and regulatory commitments have begun. We will assess any refund request fairly by reference to the work completed, recoverable third-party costs, and the reason for cancellation. This does not limit a refund or remedy required by law or due because we materially breached the agreement.

If we reject a file during verification or cannot provide the accepted service before any external submission, we will refund the corresponding service fees in full. Approved refunds are returned to the original payment method, normally initiated within 10 business days; the bank or payment provider may take additional time to credit the funds.

Because these are B2B terms, no consumer cooling-off right is offered under them. This does not affect mandatory rights that cannot lawfully be excluded.

10. Term, renewal, and choosing not to renew

Unless the Engagement Letter states otherwise, an annual service runs for 12 months from the service start or mandate anniversary stated there. The initial fee covers that fixed term and is not prorated if you stop using the service after work has begun.

We do not renew or charge an annual service silently. We normally issue the renewal invoice about 60 days before the anniversary, with payment due 30 days before it. Renewal occurs when you pay that invoice or otherwise expressly accept it. Silence alone is not acceptance, and no stored payment method is charged for renewal without your approval.

You may choose not to renew by declining the invoice or emailing us. Tell us as early as possible, preferably at least 30 days before the anniversary, so the appointed representative and schemes can complete an orderly withdrawal or handover. The existing service and mandate continue only until their stated end date, subject to payment and these terms.

A renewal uses the scope and price stated on the renewal invoice. We will identify material changes before payment. Additional streams, entities, historical regularisation, or significantly changed activity require a revised scope.

11. Suspension and termination

We may suspend affected work if payment is overdue, required information is missing or unreliable, annual data is not validated by the notified cutoff, a sanctions or verification issue requires review, you breach the agreement, continuing would be unlawful or professionally improper, or a security incident threatens the service. Where reasonably possible, we will explain the issue and give you an opportunity to cure it. We may act immediately where law, safety, fraud prevention, or a filing deadline requires it.

During suspension we may withhold new submissions and decline to file data we cannot verify. Portal records and documents may remain available. Supplying late data or paying after an anniversary does not guarantee immediate reactivation: the file and any mandate may need human review, and a missed filing may require separately priced corrective work.

Either party may terminate for a material breach not remedied within 10 business days after written notice, or immediately for fraud, insolvency, sanctions restrictions, illegality, deliberate misuse, or a breach that cannot be remedied. We may also terminate an affected service if no compliant authorised-representation appointment, producer responsibility organisation relationship, or filing route can be maintained, after giving as much notice as reasonably practicable.

Termination does not erase fees already earned, third-party commitments, accrued rights, or obligations intended to survive. We will make paid-for documents available and reasonably cooperate with a lawful handover. Any extra transition, correction, or historical work may be quoted separately.

12. Regulatory effects of suspension or termination

Suspension, expiry, or termination of the service may require a separately appointed representative to end its appointment and notify authorities or organisations. It may affect a producer-register entry, organisation membership, declarations, marketplace validation, or the Client’s ability to place products on the Portuguese market. The timing and outcome are controlled by applicable law and the relevant body.

We will not state that a registration has been cancelled unless the relevant body or representative has confirmed it. You remain responsible for arranging replacement representation and ongoing compliance without a gap. We are not responsible for consequences caused by your non-payment, late or inaccurate data, decision not to renew, or failure to appoint a replacement after clear notice.

13. Confidentiality and data protection

Each party must keep the other’s non-public business, technical, pricing, and compliance information confidential and use it only to perform or receive the service. This does not cover information that is public without breach, already lawfully known, independently developed, or lawfully received from another source. A party may disclose information to its personnel, professional advisers, insurers, service providers, appointed representative, authorities, and schemes where they need it and are subject to appropriate duties, or where law requires disclosure.

Personal data is handled as described in our Privacy Policy and, where we process personal data on your behalf, the applicable Data Processing Agreement. You must have a lawful basis to provide personal data and must not upload information unrelated to the service.

14. Portal, documents, and intellectual property

We grant you a limited, non-exclusive, non-transferable right during the engagement to use the portal and our guidance for your internal compliance. You must not interfere with security, scrape or reverse engineer the service, share access outside authorised personnel, or reuse our templates to provide services to third parties.

We retain intellectual-property rights in the website, software, workflows, templates, explanatory material, and general know-how. You retain rights in your data and documents. Once the applicable fees are paid, you may use file-specific deliverables for your own compliance, dealings with authorities and schemes, and marketplace verification. Official numbers and documents remain subject to the issuing body’s rules.

15. Liability

Nothing in the agreement excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, wilful misconduct, or any liability that cannot lawfully be excluded or limited.

Subject to that sentence, neither party is liable for indirect or consequential loss, or for loss of profit, revenue, anticipated savings, goodwill, business opportunity, or data. We are not liable for a decision, delay, outage, tariff, or act of an authority, scheme, marketplace, payment provider, or other independent third party, except to the extent directly caused by our failure to use reasonable care and skill in performing the agreed service.

Subject to the exclusions above, our aggregate liability arising from a file in any 12-month period is limited to the service fees paid or payable to the Provider for that file in that period. Third-party pass-through charges and taxes are excluded when calculating the cap. Each party must take reasonable steps to mitigate any loss.

You are responsible for loss, claims, penalties, and reasonable external costs suffered by us or the appointed representative to the extent they result from information you supplied that was materially inaccurate, incomplete, late, or unauthorised; products or periods outside the agreed scope; your unlawful instruction; or your material breach. This responsibility does not apply to the extent the loss was caused by our or the representative’s own breach, negligence, or wilful misconduct.

16. Events outside reasonable control

Neither party is liable for delay or failure caused by an event outside its reasonable control, including authority or scheme outages, changes in law or filing systems, industrial action, failure of utilities or communications, cyberattack despite reasonable safeguards, natural disaster, epidemic, war, or governmental action. The affected party must notify the other when practicable and take reasonable steps to reduce the impact. Payment obligations for work already performed are not excused.

17. Changes, subcontracting, and assignment

The version provided when an engagement is accepted governs that fixed term. We may update the website terms for future engagements or renewals. We will give reasonable notice of a material change proposed during an active term, and it will not reduce the paid-for scope without your agreement unless the change is required by law or by an authority. Changes to a signed Engagement Letter require written agreement.

We may use employees, professional advisers, technical providers, producer responsibility organisations, filing agents, and a separately appointed authorised representative to perform parts of an accepted service. We remain responsible for the administrative services we expressly contracted to provide, but authorities, organisations, marketplaces, and any appointed representative exercise their independent regulated functions.

You may not assign the agreement without our prior written consent. We may assign it as part of a reorganisation, financing, or transfer of all or substantially all of the relevant business, provided this does not materially reduce your rights. Otherwise, we will obtain your consent.

18. General terms

The agreement is the entire agreement about its subject and replaces earlier proposals and discussions. Neither party relies on a statement not recorded in the agreement, but this does not exclude liability for fraud. A delay in enforcing a right is not a waiver. If a provision is invalid or unenforceable, it will be adjusted only as far as necessary and the remainder continues.

Notices about routine service matters may be sent through the portal or to the email addresses associated with the file. Formal notices of breach, non-renewal, or termination must be sent by email to [email protected] and to the Client’s account email, and are treated as received on the next business day unless a delivery failure is reported. Keep your account email current.

A person who is not a party has no right to enforce the agreement under the Contracts (Rights of Third Parties) Act 1999, except that an appointed representative may rely on provisions that expressly protect it. This does not give that representative broader powers than the signed mandate.

The English version governs if a convenience translation differs, unless a signed Engagement Letter expressly states otherwise.

19. Governing law and disputes

The service agreement and any non-contractual dispute arising from it are governed by the law of England and Wales. Portuguese and European regulatory rules continue to govern EPR filings, producer obligations, and the appointment and acts of any Portugal-established authorised representative.

Before starting court proceedings, each party will give written details of the dispute and allow a director or authorised manager of each party 15 business days to try in good faith to resolve it. If it is not resolved, the courts of England and Wales have exclusive jurisdiction, except that either party may seek urgent protective relief in any court with jurisdiction or enforce a judgment elsewhere.