These conditions (the "Conditions") apply exclusively to the relations between HANKO SÀRL ("HANKO", "the service provider", "HANKO WEB DESIGN" or the "Company") and the author of the order (the "Customer") and govern their relations concerning any order of product or service via the site. www.hanko.lu/web-design (the “site”) or for any order sent by e-mail to info@hanko.lu.
HANKO WEB DESIGN is an agency specialized in the creation of digital services. It integrates the fields of website design, SEO and positioning in search engines and website hosting.
General
These Conditions are deemed to be known to any Customer placing an order regardless of the method used, and constitute unreserved acceptance of said Conditions by the Customer. They are accessible at any time on the website of HANKO WEB DESIGN on the page General conditions of sale and will prevail, where applicable, over any other version and over the user's own conditions of purchase customer. Any contrary clause is deemed unwritten. The applicable T&Cs are those in force on the day the order is validated.
HANKO reserves the right to modify these Conditions at any time.
Description of services and benefits
The services offered
THE provider proposes to customer the following services:
- Website creation
- Search Engine Optimization and Positioning (SEO)
- Website hosting and domain name purchase
- Creating your business listing on Google
Services related to benefits
THE provider may make available to the customer for the development of the project, the following services:
- Publication site (testing and acceptance testing)
- Collaborative platform
- File exchange platform
- Training and Support
Property
All intellectual or industrial property rights, including trademark rights, literary and artistic property rights, in particular reproduction, representation and adaptation rights, rights to software or computer files, rights to the content of databases, known as "sui-generis rights", relating to specific developments carried out by the provider for the customer will become its property subject to payment of the price. Consequently, it will be free to modify or reproduce all of the pages of the website, files, programs or other components for an unlimited period.
The texts and documents used are the exclusive property of their author and may not be reused, even for non-public and non-commercial purposes, without the written consent of the author concerned. customer declares to have concluded the necessary contracts or agreements with the authors involved in the creation of the website and to have been fully informed of its obligations in this matter and discharges the provider from any liability in the event of recourse by third parties.
THE provider remains the owner of the know-how used during the execution of the contract and is free to use it for any other purpose, in particular for the creation of other websites. In particular, it may freely reuse the software elements and codes developed specifically for the customer.
Placing the order
THE customer can order directly on the website provider and choose the payment method that suits him best. In the event that a quote summarizing the characteristics of the requested service, in particular its content and price, has been requested, the quote in question is signed by the customer then returned to the provider by e-mail accompanied, depending on the case, either by a deposit or by full payment. The order is then final.
The quote is valid for 30 days from the date of issue.
How the service is provided
In the context of certain projects, the provider develops the Specifications in collaboration with the customer : the technical elements specific to the project are described therein. It is signed and preceded by the words “Good for agreement” by the customer prior to the start of work by the provider.
The service is carried out over the given period in accordance with the schedule provided (forecast schedule) in the Specifications.
Once the work is completed, the provider proceeds with the delivery of the project and offers to customer the signing of the Acceptance Report. The customer will then be able to record any reservations as soon as the project delivered would not correspond to the expectations defined in the Specifications.
In addition, he will have 30 days to request by email to the provider to make corrections in the event of non-compliance with the expectations defined in the Specifications.
Rates and billing
The prices indicated on the site may be modified at any time. The prices charged are those in effect at the time of the order. Prices are inclusive of all taxes and in euros. Duties and taxes will be charged at their legal rate at the time of invoicing.
As part of a website development service, if a change in prices occurs, it will be notified in advance to the customer by mail.
Any modification of the terms of the service compared to that described in the initial quote will be subject to separate invoicing after acceptance by the customer of the tariff modification.
Terms of payment and delay
In compensation for the service provided, the provider will collect the sums, the amounts and payment terms of which are provided for in the estimate or indicated on the website.
Unless otherwise agreed in writing by the provider, payment of the project must be done according to the following terms:
- 100% cash, on order, non-refundable
- Monthly payments, according to the amount indicated on the website or agreed on the quote. The first monthly payment is payable upon ordering.
The current payment method is bank transfer, credit card, PayPal or direct debit. Any other payment method requires the prior agreement of the provider.
In the event of total non-payment of the project, THE customer will have to pay to the provider a late payment penalty calculated on the basis of three times the legal interest rate in force on the day of invoicing. projectThis penalty is calculated on the amount including tax of the sums remaining due, and runs from the due date of the invoices plus 5 working days without prior formal notice being necessary.
In the event of a delay or incident of payment, the provider reserves the right to suspend the execution of the project which does not exonerate the customer payment of all amounts due and any additional charges applied.
Delivery
All announced deadlines are calculated in working days.
Delivery times are given for information purposes only and do not constitute a commitment on the part of the provider. Notwithstanding this reservation, the provider will do everything in its power to meet any deadlines it may indicate.
A delivery report will be signed upon receipt of the project ordered. Complaints about apparent defects or non-conformity of the project delivered to project ordered must be made on the delivery report.
Any modification made to the Specifications / estimate / purchase order, as well as any addition of new components or web pages will be subject to a new estimate or new invoice.
Special Obligations, Responsibilities and Declarations of the Customer
With a view to good collaboration with the provider, THE customer undertakes to communicate as soon as possible all documents and data necessary for the proper execution of the project.
THE customer expressly undertakes not to offer on its website any goods that are illicit or prohibited by law, to respect the intellectual property of other sites and more generally of works of the mind, literature, art and others as well as copyright and trademark owners.
THE customer declares to hold a right of ownership or a right of use or license of the trademarks, patents, software used or cited on the website.
THE customer undertakes to take charge of and ensure the obtaining of any authorizations relating to copyright or related rights arising therefrom.
The information published on the website after it has been put online is the sole responsibility of the customer.
THE customer is solely responsible for the custody and use of the identifiers that the provider will have transmitted to him.
THE customer undertakes not to penetrate the computer systems of the provider or attempt to do so.
THE customer undertakes to immediately inform the provider in the event of a breakdown or malfunction of the website.
THE customer guarantees the provider from any third-party recourse relating to the content of its services and benefits, under any legislation whatsoever.
In no case, the customer may not demand any compensation from the provider following the interruption of services following a payment incident.
Obligations, responsibilities and specific declarations of the service provider
As part of the performance of its services, the provider does not assume an obligation of result but of means. It cannot be held responsible for direct or indirect consequences likely to affect the customer or its customers. This warranty exemption clause is considered essential and determining by the provider who would not have contracted without her.
It is expressly agreed that if the liability of the provider was retained in the context of the execution of this contract, the customer could not claim any compensation or damages other than the reimbursement of the costs incurred by it under this contract.
If the customer makes changes himself or involves a third party, the provider is no longer responsible.
THE provider exercises no control over the content issued by the customer, whether through its web space or the emails that it may send or receive. Under no circumstances will the provider cannot be held liable as a result of any action or recourse by third parties, in particular for violation of an intellectual, literary or artistic property right or for the dissemination of words, images or sounds constituting defamation, denigration or violating privacy, morality or public order.
THE provider cannot in any way be held responsible for the speeds of access to the website of the customer, difficulties of access and this due to the characteristics and limits of the Internet, which the customer declares to know. The provider cannot be held responsible for the non-delivery of emails. More generally, the provider cannot be held responsible for any deterioration of the website having a direct or indirect impact on the results or image of the customer.
THE provider cannot be held liable in the event of malicious introduction to the Web space of the customer or for hacking into the latter's mailboxes.
In no way is the responsibility of the provider cannot be sought in the event of negligence, fault or omission or failure of the customer, failure to follow the advice given or even negligence, fault or omission of a third party over which he has no power of control or supervision.
THE provider cannot be held responsible for the consequences of the introduction of a computer virus into the web server or into the website having an effect on its proper functioning, nor for an interruption of the Internet connection for a cause beyond the control of the provider.
After data update, the provider will transfer all necessary elements to the server. From this transfer, the customer will be solely responsible for the backup and conservation of its data. This clause is not applicable in the context of hosting subscribed to by the provider.
THE provider reserves the right to modify at any time the characteristics of its technical infrastructures and the choice of its suppliers. They undertake to ensure that these changes do not alter the performance of the service offered to the customer.
THE provider may interrupt its service for maintenance reasons but undertakes to ensure that the interruption is as short as possible.
As developers of Internet services, the provider is not responsible for problems related to computers visiting the site or their possible incorrect configuration.
THE provider disclaims any liability for the integration on the website of the customer of an online payment kit. The customer is solely responsible for the proper functioning of the payment system and undertakes to carry out the operating tests itself by carrying out a transaction and verifying its debit with its bank. In addition, if there is an addition of a promotional code, the customer agrees to carry out the tests. Finally, the provider disclaims any responsibility for the security of the online payment kit.
Retention of title – Transfer of risk
THE provider reserves ownership of the goods or the provision of the customer of the services sold, until full payment of the price, principal and accessories. In the event of failure to make full payment, the provider reserves the right, after relaunching the customer, not to continue the service or to recover the property.
In the event of safeguard, recovery or liquidation proceedings, customer, ownership of the goods delivered and remaining unpaid may be claimed by the provider. The goods remaining the property of the provider until full payment of their price, it is prohibited to customer to dispose of them for resale or transformation before this payment.
These general conditions of sale do not prevent the transfer of risks to the customer upon delivery of the goods sold.
Confidentiality
Each party undertakes on its own behalf and that of its employees to consider as confidential, during the term of this contract and after its expiry, the documents, systems, software, know-how from the other party of which it may have become aware during its execution and not to use them outside the needs of this agreement.
This obligation does not apply to information that has entered the public domain or whose disclosure has been authorized in writing by the party concerned.
THE provider may be required to access the personal data of the customer.
Force Majeure – Unforeseeable Event
The parties shall not be held liable in the event of a delay or non-performance of one of the obligations imposed on them when the cause of the delay or non-performance arises from a case of force majeure or unforeseeable circumstances. The case of force majeure or unforeseeable circumstances suspends the obligations arising from the contract for the entire duration of its existence. These include cases of failure of the public electricity distribution network, failure of the public telecommunications network, loss of Internet connectivity due to public or private operators, wars, storms, earthquakes.
Termination of contract
The contract may be terminated automatically, without judicial or extrajudicial formality, if either party fails to comply with the obligations stipulated in these General Terms and Conditions and Special Conditions specified in the quote, and does not remedy this failure within one month of receipt of a formal notice by registered letter with acknowledgment of receipt or extrajudicial act, without compensation and without prejudice to the sums remaining due and all damages.
In the event of termination at the initiative of the Client, the amounts owed to the Service Provider for the remaining period of the contract term will be immediately payable. Any service started is due in full.
Applicable law and competent jurisdiction
For all disputes relating to the execution of the contract between HANKO and the Customer, the Commercial Court of Luxembourg shall have sole jurisdiction. These Conditions, as well as any contract entered into by the Company and subject to them, shall be governed and governed by Luxembourg law.
Miscellaneous provisions
The photos and graphics on the site are only indicative and do not bind the Company in any way, nor can the Company be held responsible for typographical errors. All texts and images presented on the site, for the whole world, are reserved under copyright and intellectual property rights, their reproduction, even partial, is prohibited.
The client undertakes to hold the reproduction rights of the brand, logos, images, texts, or other, and this in compliance with the conditions of validity provided for this purpose by the industrial property code. Acting in disregard of these rules would constitute the offense of counterfeiting. The Company will request to produce all necessary authorizations for all official or other documents, if this proves necessary, before the production of the website.
Information technology and freedoms
HANKO is committed to protecting your personal data. All personal data concerning you that we have collected is treated with the strictest confidentiality, in accordance with the provisions of our personal data protection policy. When you place your orders, we only ask you for the information that is essential to ensure the quality of our services and the processing of your order. We do not sell, market or rent this information to third parties. You have the right to access and rectify your personal data. To exercise this right, you can modify your personal information at any time using your username and password by accessing your account or by sending an email to info@hanko.lu.
By agreeing to these Terms, you acknowledge that you have read our personal data protection policy and consent to our collection and use of this data.