Terms &
Conditions
Terms and Conditions for Lumixor OU
These Terms and Conditions ("Agreement") govern the provision of web development, design, and related services by Lumixor OU, a company duly registered under the laws of the Republic of Estonia ("the Company," "we," "us," or "our"), to the client ("the Client," "you," or "your").
By engaging our services, you agree to be bound by these Terms and Conditions.
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Introduction
1.1. Purpose: This Agreement sets forth the general terms and conditions that apply to all services provided by Lumixor OU to the Client.
1.2. Acceptance: These Terms and Conditions shall be deemed accepted by the Client upon signing a proposal, making an initial payment, providing written confirmation via email, or otherwise authorizing the commencement of work.
1.3. Precedence: In the event of any conflict between these Terms and Conditions and a specific Project Proposal or Statement of Work, the terms of the Project Proposal or Statement of Work shall prevail, unless otherwise expressly stated in writing.
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Services
2.1. Scope of Services: Lumixor OU provides services including, but not limited to:
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Website design and development (custom, CMS-based, e-commerce, etc.)
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Website redesign and optimization
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Content management system (CMS) implementation and customization
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E-commerce solutions
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Mobile-responsive design
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Website maintenance and support
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Digital marketing consultation (SEO, PPC, social media)
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Graphic design and branding elements related to web projects.
2.2. Project Proposals: Each project will be subject to a specific Project Proposal or Statement of Work, outlining the detailed scope of work, deliverables, timelines, and payment terms.
2.3. Out-of-Scope Work: Any work requested by the Client that falls outside the agreed-upon scope in the Project Proposal will be considered "out of scope" and may incur additional charges. Such changes must be documented and approved through a written change request signed by both parties.
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Project Process and Client Responsibilities
3.1. Project Phases: Projects typically involve phases such as Discovery, Planning, Design, Development, Testing, Launch, and Post-Launch Support. Specific milestones and deliverables for each phase will be detailed in the Project Proposal.
3.2. Client Responsibilities: The Client agrees to:
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Provide all necessary content (text, images, videos, logos, etc.) in a timely manner as requested by Lumixor OU.
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Provide prompt feedback and approvals at various project stages.
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Ensure that all provided content is accurate, legally compliant, and does not infringe on any third-party rights.
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Designate a primary contact person for all project-related communications.
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Make timely payments as per the agreed payment schedule. 3.3. Client Delays: If the Client fails to provide necessary information, content, or approvals within agreed-upon timelines, the project schedule may be extended and additional fees may apply. Lumixor OU reserves the right to suspend work until the required information is received.
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Fees and Payment Terms
4.1. Pricing: Fees for services will be specified in the Project Proposal. Prices are quoted in Euros (EUR) unless otherwise stated.
4.2. Payment Schedule: Payments are typically milestone-based or a percentage upfront, followed by subsequent payments tied to project progress or monthly retainers for ongoing services. The specific schedule will be outlined in the Project Proposal.
4.3. Invoicing: Invoices will be issued by Lumixor OU according to the agreed payment schedule.
4.4. Payment Due Date: All invoices are due for payment within 14 calendar days from the invoice date, unless otherwise specified.
4.5. Late Payments:
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Lumixor OU reserves the right to charge late payment interest of 0.1% per day on any overdue amount.
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Work may be suspended until full payment is received.
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Persistent non-payment may result in collection procedures, and the Client shall be liable for all associated costs.
4.6. Taxes: All fees are exclusive of applicable taxes, which will be added to invoices where required by law.
4.7. The name that appears on your credit or debit card statement will appear as UG*Lumixor +34685788526 for payments processed through Unicorn Group.
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Intellectual Property Rights
5.1. Client Content: The Client retains full intellectual property rights to all content provided for the project.
5.2. Company Work Product: Upon full and final payment, Lumixor OU shall assign to the Client all intellectual property rights in the final web design and custom code specifically created for the Client.
5.3. Pre-existing Materials & Third-Party Assets: Pre-existing tools, frameworks, open-source components, or licensed materials used in the project remain subject to their respective licenses and are not transferred to the Client.
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Confidentiality and Data Protection
6.1. Mutual Confidentiality: Both parties shall keep confidential all non-public information obtained during the course of the engagement.
6.2. GDPR Compliance: Lumixor OU will process personal data in accordance with the General Data Protection Regulation (GDPR) and applicable Estonian data protection laws.
6.3. Exceptions: Confidentiality obligations do not apply to information that is publicly available, independently developed, or legally required to be disclosed.
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Warranties and Limitation of Liability
7.1. Company Warranties:
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Services will be performed with reasonable skill and care.
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Deliverables will materially conform to specifications agreed upon.
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Custom code will be free of material defects for 60 days after launch, assuming no third-party modifications. 7.2. Client Warranties:
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The Client has full rights to all submitted content.
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Client’s use of deliverables complies with applicable laws. 7.3. Limitation of Liability:
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Lumixor OU is not liable for indirect, incidental, or consequential damages.
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Total liability is limited to the total fees paid for the specific project.
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Lumixor OU is not liable for issues caused by third-party providers or post-launch modifications.
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Website Maintenance and Support
8.1. Post-Launch Warranty: A 30-day bug-fix warranty applies post-launch unless extended or modified by agreement.
8.2. Ongoing Support: Available via a separate maintenance agreement covering updates, security, and technical support.
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Termination and Cancellation
9.1. Termination for Cause: Either party may terminate this Agreement with 14 days’ written notice in the event of a material breach that is not cured.
9.2. Termination for Convenience: May be permitted with prior written agreement and subject to applicable cancellation fees.
9.3. Effect of Termination: All work completed up to the termination date must be paid in full. IP rights will follow Section 5.
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Refund Policy
10.1. All payments made to Lumixor OU are non-refundable unless expressly stated otherwise.
10.2. If the Client cancels a project after it has begun, Lumixor OU may, at its sole discretion, issue a partial refund based on the portion of work completed up to the date of cancellation.
10.3. The initial project deposit is non-refundable.
10.4. No refunds shall be issued for work that has been completed and accepted by the Client.
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Cancellation Policy
11.1. Project Cancellation by the Client:
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The Client may cancel a project at any time by providing written notice to Lumixor OU.
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Any work completed up to the date of cancellation will be invoiced and must be paid in full.
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Any deposit or upfront payment made is non-refundable unless otherwise agreed in writing.
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Any third-party costs incurred by Lumixor OU (e.g., software licenses, hosting fees, design resources) will be billed to the Client.
11.2. Cancellation Fees:
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Before work begins: No cancellation fee
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During planning/design phase: up to 25% of the agreed project fee
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During development phase: up to 70%, based on work already done
11.3. Cancellation by Lumixor OU:
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Lumixor OU reserves the right to cancel or suspend a project if the Client breaches these Terms and Conditions, fails to meet payment obligations, or if there is a breakdown in communication or cooperation that impairs project delivery.
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In such cases, Lumixor OU will issue a final invoice for work completed, and all intellectual property created to that point may remain the property of Lumixor OU until full payment is received.
11.4. Notice of Cancellation:
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All cancellation requests must be submitted in writing via email to contact@lumixor.net. The cancellation is effective upon confirmation of receipt by Lumixor OU.
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Governing Law and Dispute Resolution
12.1. Governing Law: This Agreement is governed by the laws of the Republic of Estonia.
12.2. Dispute Resolution: Disputes shall first be resolved by negotiation. If unresolved, they shall be referred to arbitration under the Estonian Chamber of Commerce or, alternatively, to Harju County Court in Tallinn.
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Force Majeure Neither party shall be liable for delays or non-performance caused by circumstances beyond reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, or governmental restrictions.
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Miscellaneous
14.1. Entire Agreement: This Agreement, along with Project Proposals, constitutes the full agreement between the parties.
14.2. Amendments: Modifications must be made in writing and signed by both parties.
14.3. Assignment: Neither party may assign this Agreement without prior written consent.
14.4. Severability: If any provision is deemed unenforceable, the remaining provisions remain effective.
Date of Last Revision: 25 May 2025