A poorly drafted service provision contract can prove costly — in unpaid fees, prolonged disputes or the loss of rights over the work you produced. Before signing, there is a set of clauses that deserve special attention.
Subject matter and scope
The subject-matter clause defines exactly what is to be delivered. Avoid vague language such as “support with digital communication” — prefer “creation of 8 monthly posts for Instagram and LinkedIn, with delivery of editable files in PSD or Figma format.” Imprecise scope is the leading cause of disputes.
Amount and method of payment
Specify: the total or monthly amount, the currency, the due date, the penalty for late payment and the method of payment (bank transfer, Multibanco reference, etc.). Also include what happens in the event of early cancellation by the client.
Intellectual property
By default, in Portugal, the creator retains the rights to the work. If the client intends to use the deliverables commercially or to assign them to third parties, this must be stated explicitly in the contract — whether or not with additional payment.
Confidentiality
If you will have access to the client’s sensitive data (strategies, clients, technology), include an NDA clause (non-disclosure agreement). It defines what is confidential, for how long and the consequences of a breach.
Termination
Set the notice period for termination by either party, what happens to work in progress and whether there is a proportional refund.
Jurisdiction and applicable law
In international contracts, specify which law governs the contract (Portuguese law, Brazilian law, etc.) and which court has jurisdiction in the event of a dispute. Without this clause, there is real legal uncertainty.
Before signing any significant contract, a legal review can head off months of trouble. The cost of prevention is always lower than that of the cure.