THE LOUPE S.à.R.L.-S R.C.S. B230753, TVA LU30850733, AD 10097441/1 (activités et services commerciaux), AD 1009744/2 (organisme de formation professionnelle continue), AD 10097441/0 (exploitant d'un atelier graphique), BIC: CCPLLULL, IBAN: LU721111714406010000, Tél./Fax: (+352) 26300455 www.the-loupe.com info@the-loupe.com
Terms and Conditions:
1) All and any business undertaken by THE LOUPE S.à.R.L. ("The Company") is transacted subject to the terms and conditions herein. These terms and conditions shall prevail over all others unless expressly agreed to the contrary, by the Company, in writing.
2) The customer is obliged to collaborate with the Company to enable the good execution of the services and meeting of the deadlines. Otherwise, the customer can not claim damages if the products or services delivered do not meet her or his expectations.
3) The customer's agreement can be established by the Company by written agreement or via email. A signature is therefore not required as evidence. By agreeing to the offer, the customer accepts the application of these general conditions.
4) For each order, the Company reserves the right to require a deposit of maximum 50% of the price, which remains definitively acquired the Company in the event of subsequent cancellation of the order.
5) By accepting the offer, the client acknowledges that he has made an informed decision and that the Company has duly informed him. The offers of the Company only include what is clearly stated in writing. Any additional works are not included in the scope of works under any contract, these works are performed by The Company at the rates set out in the Annex to each contract. The composition, execution period, cost and procedure of payment for additional works should be stipulated in a relevant Additional Contract.
6) The delivery time for a service is only given for information. The delivery period may be changed in case of force majeure or due to a contractual breach on the part of the customer, such as a delay in payment or a failure to collaborate.
7) In case of cancellation of the order by the customer after its confirmation, the Company is entitled to immediate payment of the price of the services which have already been performed and to a compensatory indemnity equal to maximum 10% of the price of the remaining services, without the right of the client to claim further damages.
8) The customer declares that he or she is the holder of the intellectual rights or, more generally, that he does not infringe the intellectual rights of third parties, when he asks the Company to use protected works within the framework of the services. The client exonerates the Company from any responsibility and liability in this regard.
9) Telephone support between the planned and scheduled meetings is provided as part of the client service and included in any web and mobile development contract as well as contracts on design. However if any support involves more than one hour per week, additional hours will be charged at the rate (€ 200/hour). Any additional meeting which is not included in the plan of the meetings under the scope of a contract will be charged at the rate (€ 300/hour) excluding VAT.
10) The Company guarantees that the services provided are virus-free on the date of delivery. The Company undertakes, for a period of maximum three months from the date of delivery, to correct any bugs that the software delivered to the customer would present, if the following four conditions are met:
• The bug consists of an abnormal software malfunction;
• The bug is due to a programming fault internal to the software created by the Company (which excludes any malfunction the origin of which is attributable to the hardware and / or the operating system used, to the communication software ensuring circulation of data on the network, the hosting site, or any other source);
• The bug is not immediately visible; and the bug is non-random and reproducible, that is, it produces an identical error under identical circumstances. Beyond this period, any bugs will be considered as caused by the "normal wear and tear" of the software. Any repair will therefore be invoiced to the customer under management, or under a support and maintenance contract, if such a contract has been signed by the customer. The Company provides no warranty for the free software and / or software developed by other companies. The warranty for these third-party software are exclusively those issued by the manufacturers and publishers of this software. The task of the Company is limited to communication to the customer the instructions for use or other documents provided by the manufacturer or the publisher. Data loss caused by the customer or the third party providers is never warranted by the Company.
11) The prices mentioned in our offers are in EURO, excluding additional taxes. Any complaints concerning an invoice must be sent by a registered letter to the Company within fifteen (15) calendar days of receipt. The lodging of a complaint does not suspend the payment obligation payable by the customer. The invoices of the Company are payable within thirty (30) calendar days of the invoice date. They are payable net and without discount, unless otherwise stipulated.
12) Although we always do our utmost to act in accordance with the highest standards, we cannot be held liable in any way for any loss or injury or liability of any sort for any course of action or any events which may or may not result from the activities of the company. The Company shall not be liable to the client for any loss, liability, damage, costs, and claims for expenses suffered or incurred by the client arising from or connected with the activities of the Company, howsoever arising.