Terms of Service
Last updated: November 25, 2024
Company Information
Company Name: Lumen Apps
Chamber of Commerce: 75253070
Phone: 06-40976141
Email: contact@lumenapps.dev
Website: lumenapps.dev
Definitions
Supplier: Lumen Apps, registered with the Chamber of Commerce under number 75253070.
Client: The natural person or legal entity that enters into an agreement with the Supplier.
Services: All services offered by the Supplier, including:
- Web and mobile application development
- Technical advice and consultancy
- Support, maintenance and project execution
Project: The work as described in the quotation or agreement between Supplier and Client.
Deliverables: All software, source code, configurations, documentation and other materials delivered by the Supplier to the Client as part of the Project.
Force Majeure: Events beyond the reasonable control of a party.
Written: Communication by email, letter or other durable medium acknowledged as such by both parties.
Contractual Obligations
These terms form part of the quotation and the final agreement. By accepting the quotation, paying an invoice, providing materials or using the Services, the Client confirms having fully read and accepted these terms.
Changes or additions to these terms are only valid if recorded in writing and signed by both parties. Oral agreements have no legal effect unless confirmed in writing.
Ownership and Intellectual Property
After full payment, the Client becomes the exclusive owner of the custom Deliverables, including source code, configurations and project documentation.
All standard components, frameworks, development methodologies and licenses remain the property of the Supplier.
The Supplier retains the right to apply general knowledge, methods and non-client-specific parts of the Deliverables in other projects and to showcase the Project in its portfolio.
Acceptance and Warranty
After delivery of the Deliverables, the Client has 14 days to test functionality (acceptance period).
After written acceptance, a 30-day warranty applies during which the Supplier remedies defects that prevent the software from functioning as described in the project description, free of charge. A defect is a demonstrable deviation from the functionality described in the quotation or agreement. Damage caused by improper use, changes by the Client or third parties, or external factors is excluded.
Defects must be reported in writing within the acceptance or warranty period. If no report is made, the software is deemed approved.
Liability
The Supplier is liable for direct damages due to an attributable breach, up to a maximum equal to the amount actually paid by the Client for the Project.
The Client must report damages in writing within 14 days of discovery; failing which, the right to compensation lapses.
Indirect damages (including lost profits, reputational damage or consequential loss) and damages due to force majeure are excluded. The Supplier is not liable for data loss and outages of third-party tools, unless directly resulting from gross negligence by the Supplier.
Payment Terms
Payment is made in installments:
- 25% at project start
- 25% after approval of the UI/UX design
- 40% after completion of frontend and backend development
- 10% after completion of the testing and optimization phase
Invoices must be paid within 14 days of invoice date. In case of late payment, the Client owes 1.5% interest per month on the outstanding amount.
Additional work or features outside the original project scope will be invoiced at the Supplier's then-current hourly rate, unless agreed otherwise in writing.
Maintenance, Support and Updates
If agreed, the Supplier provides maintenance and support, including technical assistance, periodic updates and resolution of minor bugs.
Support is available on working days from 09:00 to 17:00 (CET), with a response time of up to 24 hours, excluding public holidays or pre-announced closures.
Software is developed to be scalable and suitable for future upgrades.
Data and Privacy
Software is hosted on secure server infrastructure with encryption. Automatic backups are made regularly and data is retained according to a retention policy.
The Client is responsible for the lawfulness of provided data. The Supplier acts as a processor within the meaning of the GDPR and is not liable for violations by the Client.
In the event of a data breach, the Supplier will promptly notify affected parties and authorities, in accordance with legal obligations.
Change Management
Minor scope changes that do not significantly impact planning or budget will be implemented in consultation and without additional costs. Examples include:
- Small adjustments to the user interface (UI/UX)
- Workflow or functionality optimizations
Larger scope changes, such as new features or substantial adjustments outside the original project description, are considered additional work and will be invoiced separately. Beforehand, the Client will receive a written cost estimate for approval.
Communication and Progress
The following communication arrangements apply for smooth collaboration:
- Client portal: A Notion portal where the Client has access to project documentation, progress reports and an overview of tasks
- Ad-hoc contact: For urgent matters, the Supplier is reachable via email or phone on working days (09:00-17:00 CET), with a maximum response time of 24 hours for non-urgent requests
Termination
Both parties may terminate the agreement with a notice period of 30 days, unless agreed otherwise. Ongoing payments and outstanding costs will be settled.
Upon termination, the Supplier delivers all completed and partially completed Deliverables (including source code and documentation) to the Client, provided payment for the work performed has been made.
The Supplier may immediately dissolve the agreement in the event of non-payment after written reminder, or in case of a serious breach of the agreement by the Client.
Dispute Resolution
In case of disputes, parties will first attempt to resolve the matter through mediation, unless agreed otherwise.
If mediation fails, the competent court is Rotterdam and Dutch law applies.
Final Provisions
These terms, together with the quotation and any additional written agreements, constitute the entire agreement between the parties.
The Supplier may amend these terms with written notice to the Client. Changes take effect 30 days after notice, unless the Client objects.
If any provision is void or unenforceable, the remaining provisions remain in force. Parties will replace the invalid provision with a valid provision that best reflects the original intent.