TERMS AND CONDITIONS OF SALE FOR LUWN AGENCY SERVICES

Date and time of last modification: 07/04/2024 at 14h27.

The signing of a quotation (sent by e-mail, fax, post or hand-delivered) implies unreserved acceptance of these terms and conditions of sale, which are intended to govern the contracts concluded between LUWN Agency and its Clients.

Article 1: Definitions
“LUWN Agency” refers to the company LUWN Agency, SIRET 88199875100013 located at Calle del Castillo – 15A / 38002 Santa Cruz de Tenerife (Spain – Canary Islands).

“Client” refers to any individual or legal entity signing a quote issued by LUWN Agency.

Article 2: Purpose
The purpose of this document is to define the general terms and conditions of sale and the terms and conditions under which LUWN Agency provides services to its Clients. These general terms and conditions of sale comprise 15 articles.

The main characteristics of the services offered by LUWN Agency are detailed on the website accessible at luwn.net, which the Client acknowledges having read.

Quotations act as purchase orders, in paper or electronic format, and together with the present document constitute the contracts between LUWN Agency and its customers.

Article 3: Duration of LUWN Agency’s offers
The contract is taken out for a period of one year from the date it takes effect, as defined in article 9 below.

In the case of recurring services (digital marketing management, website maintenance, etc.), the contract will be renewed by tacit agreement under the same terms.

Article 4: Terms of use of LUWN Agency services

Concerning all the work:
Transfer of ownership
LUWN Agency undertakes to transfer to the Customer, once the service has been paid for in full by the Customer, all its intellectual property rights to the work carried out on behalf of the Customer (creation, identifiers, source code, databases, etc.).

References
The Client authorizes LUWN Agency to quote on its own communication media (website, brochures, etc.) the elements (name, logo, etc.) that identify the Client for reference purposes.

If the customer does not wish to be mentioned as a reference, he will have to pay a fee of €1,000 excluding VAT, to keep the contract entirely private.

Provisional schedule
When LUWN Agency provides the Customer with a work schedule, it’s imperative to understand that this schedule is outlined provisionally. It meticulously considers various factors to ensure smooth progress throughout the project lifecycle:

• Customer Response Time: The schedule operates under the assumption that the Customer will respond promptly to all communication from the agency, including emails, calls, WhatsApp, and other forms of communication. A timeframe of less than 2 working days is expected for responses across all communication channels.
• Return Visits: Additionally, the schedule accounts for a maximum of 3 return visits to functionalities, allowing for necessary adjustments and refinements within a reasonable scope.

Impact of Content Delivery Delays:
Furthermore, any delay in delivering essential content in comparison to the initially agreed schedule, whether communicated verbally or in writing, will inevitably impact the overall duration of the project.

Late Delivery Complaints:
It’s important to underscore that the customer cannot lodge complaints regarding late delivery if the entirety of the required content has not been provided within the original timeframe. This clause serves to emphasize the mutual responsibility for adhering to agreed-upon schedules and ensuring timely collaboration between LUWN Agency and the Customer.

A. Concerning website creation :
A.1 – Specifications
In order to carry out the projects, the Client must send LUWN Agency precise and exhaustive technical specifications. On this basis, LUWN Agency will draw up an estimate which will become the reference document for the project. Items mentioned in the expression of need, the specifications or verbally, but not explicitly mentioned in the quotation, are not included in the project scope. In the absence of details in the quotation, LUWN Agency will make the technical and functional choices according to its experience, without these being contestable by the Client.

A.2 – Website
Whenever necessary, LUWN Agency will submit to the Client “mock-ups” of the work to be supplied, showing its visual appearance.

Mock-ups will be made using the time specified in the quotation, with a maximum of 3 iterations per mock-up, unless otherwise specified in the quotation. In the event of additional iterations, an additional estimate will be drawn up by LUWN Agency, subject to acceptance by the Customer. If the additional estimate is rejected, work will continue on the basis of the customer’s validation of one of the versions of the mock-ups already produced.

Once the customer has accepted the mock-ups (by e-mail, fax or post), any request to modify the visual and functional aspect of the projects concerned will be subject to an additional quotation, subject to the customer’s acceptance. If the additional estimate is rejected, the work will continue on the basis of the Customer’s initial validation.

A.3 – Contract approval and amendment
If for any reason the Client, during the performance of the contract, validates work carried out by LUWN Agency (by telephone, e-mail, fax or post) and subsequently reverses its decision, such request or objection will lead LUWN Agency to draw up an additional estimate for the extra work involved, subject to the Client’s acceptance. If the additional estimate is rejected, the work will continue on the basis of the Customer’s initial validation.

If, for any reason whatsoever, the Customer should, during the course of the contract, formulate a new request that does not comply with the specifications or an objection that calls into question the work already carried out, such a request or objection will lead LUWN Agency to draw up an additional estimate, subject to the Customer’s acceptance. If the additional estimate is rejected, work will continue on the basis of the original scope.

A.4 – Browser and mobile device compatibility
The websites set up by LUWN Agency function correctly on the latest versions of Edge, Firefox, Chrome and Safari browsers (version current at the date of signature of the contract), with rendering differences necessarily remaining. LUWN Agency cannot guarantee the compatibility of the site developed on all browsers and mobile devices. In particular, LUWN Agency does not guarantee the compatibility of the site developed on Internet Explorer (a browser not recommended by its publisher, Microsoft, as it does not support the new web standards).

It takes several weeks from the time a site goes online to its appearance in search engine results. LUWN Agency cannot guarantee any delay or search engine ranking.

A.5 – Dysfunction guarantee
LUWN Agency will correct any bugs or malfunctions identified and reported by the Customer within one month of the website going online. Changes notified after this deadline will be subject to an additional quotation, subject to customer acceptance.

A.6 – Updating the site
LUWN Agency may intervene after delivery of the site within the framework of a maintenance contract or invoicing on a time spent basis. Any intervention on site other than the repair of malfunctions described above will be invoiced separately.

A.8 – Backup
LUWN Agency does not keep backups of websites and other work carried out for its Clients. In the event of data loss, LUWN Agency is under no obligation to restore any data that may be lost.

A.7 – Obligations of Hosting & Domains provider
Upon accepting the creation of your website by Luwn Agency, you agree that the Hosting & Domains provider for your website will be Luwn Hosting & Domains. By confirming, you acknowledge being informed of all available plans and prices listed on https://luwn.net/hosting/ and https://luwn.net/domains/.

You also agree to select one of these plans to initiate the creation of your website. Luwn Agency will not commence the creation of your website until the hosting is purchased. If the chosen domain extension is not available from us (e.g., .fr), you will have the option to manage your domain elsewhere.

Disregarding Terms:
If you choose to disregard these terms and opt for a hosting provider other than Luwn Hosting & Domains, it’s critical to understand our stance: if any issue occurs and we consider it’s due to the hosting, we will not investigate or resolve any such issues – We will unequivocally communicate our inability to proceed with building the webpage, leaving you solely responsible for resolving the issue, whether by independent means, migrating the webpage, or any other course of action you deem fit.

This stance is non-negotiable. We refuse to offer support for hosting that we know is ill-suited for our webpage. Luwn Hosting and Domains were born out of the necessity for user feedback following numerous instances of recurring issues. Therefore, any deviation from our recommended and adapted hosting platform absolves us of any responsibility, and you must address the consequences independently.

We believe that if you disregard these terms and are certain you need to use other hosting, then you likely know better than us what you are doing. And so, we will not go against your decision.

C. LUWN Hosting & Domains
C.1 LUWN Hosting
If you are using our managed hosting services, the following applies:

• By using our hosting services, you grant us access to your website and database for the purpose of hosting and/or backing up your content.
• In order to address security vulnerabilities, we will first notify you, and then we may push an upgrade to your site, or we may access your site to remove malicious code.
• We may scan your data and content to compile aggregated/anonymized statistics for our internal use to optimize the performance and security of the service.
• If you lose access to your LUWN AGENCY account or cancel your membership, you will not be able to access your hosting or backup data. We may not be able to recover backups or data more than fourteen (14) days after the account goes inactive.
• You grant us a worldwide, royalty-free, and non-exclusive license to copy and store your data and content only to the extent necessary to operate the Service. You own your data and content.

For sites that we host, our goal is an uptime of 100% – meaning all sites are available 24/7/365. We know that sometimes this goal may not be achieved, and in those cases, the following Service Level Agreement (SLA) applies:

• We guarantee a 99.9% uptime SLA.
• We do not place any hard limits on traffic, visits, or bandwidth on your sites. Should your site experience a spike in traffic (both human and/or by bots), your site may experience performance problems or even downtime. We will send an alert on how to upgrade your hosting plan to higher resources in this case, and our SLA will not apply.
• Should the SLA not be met during a calendar month, you are entitled to an SLA Credit. You must contact support to request an SLA Credit within 30 days of the end of the month for which the SLA was not met. Credits will be valued at 5% of your monthly hosting charges for each full hour of downtime beyond the SLA and will not exceed 100% of your hosting charges. Downtime will be determined by our monitoring tools.
• Our SLA applies to any human errors by our team and by employees or contractors of any 3rd party service providers that we use to supply the hosting service.
• Our SLA does not apply to any downtime that is out of our control, including problems resulting from 3rd party code, user-error, or natural disasters such as floods or earthquakes.

Free hosted sites or sites that are paid for using promotional credit may be archived after 21 days of inactivity. Sites will be marked as ‘active’ automatically if one of the following occurs:

• The settings for the site has been visited at least once in the Hub in the past 21 days
• A custom domain has been added to the site and validated

We will send a warning email one week before archiving the site and again when the site is archived. A site can be restored and made active again within 30 days of being archived.

By subscribing to our hosting service, you agree to be billed monthly until cancellation, with the same price recurring each month. LUWN Agency reserves the right to adjust prices without prior notice. While we will endeavor to communicate any changes in pricing to all clients each time, it is ultimately the client’s responsibility to review any adjustments before contract renewal. Clients may cancel their pricing plan at any time if they do not agree with the new price.

C.2 LUWN Domains
Domain names purchased from LUWN AGENCY are owned as indicated by applicable ICANN rules. By purchasing a domain name from LUWN AGENCY, you acknowledge that domain name registration is subject to cancellation or change in accordance with any and all applicable rules, including: ICANN, UDRP, registrar policies, or any country code top-level domain registry procedures.

Domain names are priced on an annual basis, payable for a one-year period. Upon the expiration of each yearly term, the contract automatically renews for subsequent one-year periods at the same price initially agreed upon. We guarantee that the price for domain name reconduction will remain consistent for a duration of ten years from the initial purchase date. This means that the price for reconduction will not be subject to any fluctuations or increases during this period.

Domain Name Agreement :
The following Domain Name Agreement applies to your use of domain names registered through or transferred to LUWN AGENCY. This Agreement is an integral part of the LUWN AGENCY Terms of Service and together with the Registrant Agreement provided by the respective Registry or Registrar of record, and ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP) represents the entire Agreement between you and LUWN AGENCY with regard to your use of domain names and any domain-related services.

By purchasing a domain from or transferring a domain to LUWN AGENCY, you declare that you have read, understood, and agree to be bound by these Terms. The terms and conditions of our Registrars can be reviewed at:

• Tucows (OpenSRS) Domain Registration Agreement
• ICANN Registrant Rights and Responsibilities
• ICANN UDRP

LUWN AGENCY is not responsible for any domain names associated with our services but not registered through us.

Domain Name Registration :
You may submit a request for domain name registration from LUWN AGENCY. We cannot guarantee that the domain name applied for at the time of request submission will be registered in your name or is capable of being registered by you. You should not rely on the fact that you have submitted a request to register a domain name until you receive a confirmation message in The Hub indicating that your request has been accepted and your domain has been registered.

The registration and ongoing use of a domain name are subject to the relevant naming authority’s terms and conditions of use, which are hereby incorporated by reference. You acknowledge and agree that LUWN AGENCY bears no responsibility should a naming authority refuse to register a domain name.

Domain names and any domain-related services are subject to renewal and termination as set out in the Terms of Service. Domain registration and renewal fees are non-refundable. The maximum renewal period for different top-level domains may vary depending on the respective Registry. Renewal fees for expired domain names may vary depending on the Registrar.

Registrant Information :
As part of the registration process, you are required to provide certain information to us, and to promptly update this information as needed to ensure that it’s up to date. We will use this information in accordance with the Terms of Service and our Privacy Policy. The information required in order to process your domain name registration is set out at the time of purchase.

If you provide information about a third party, you hereby represent that you have provided notice to such third party of and have received their explicit prior consent to the disclosure and use of their information as set forth in the Terms of Service and our Privacy Policy.

Some Registries require that you confirm your contact information after initial registration and/or after any change or contact details, before a domain name registration is completed or updated. If this applies for your domain, either LUWN AGENCY or the Registrar of record shall send you an email notification with instructions on how to confirm your details. If you fail to confirm your details within the specified deadline, your domain will be suspended or deleted which will affect the functionality of any LUWN AGENCY services associated with that domain. You are solely responsible for following any instructions you receive in order to keep your domain name registration in good standing.

The information you provide determines the ownership of the domain. For non-expired domain names registered through LUWN AGENCY, and subject to availability and the requirements of the respective Registry, this information may be updated through your account.

You are solely responsible for providing us with accurate and up-to-date contact information. We shall not accept any responsibility for any cancellation or refusal to renew a domain name by the relevant naming authority due to any failure to provide such information. You are responsible for any changes to your domain name contact details made through your account.

You acknowledge and agree that if you (I) provide inaccurate information; (II) fail to update contact information promptly; or (III) fail to respond to LUWN AGENCY or Registrar inquiries regarding the accuracy of your domain name contact details within any specified timeframe, this shall constitute violation of the Terms and may result in suspension and/or cancellation of your domain name registration.

Registration Information :
By registering a domain name through or transferring a domain to LUWN AGENCY, you understand and agree that the Registrar of record, relevant Registry or ICANN may establish guidelines, limits and/or requirements regarding what information LUWN AGENCY must collect from you in order to provide services to you and how we may use such information.

You acknowledge and agree that LUWN AGENCY will make available domain name registration information you provide, or that LUWN AGENCY otherwise maintains, to ICANN, the Registrar of record, the Registry and other third parties as required or permitted by ICANN and applicable laws.

You hereby give your explicit consent to the collection, use and disclosure of domain name registration information as set out in this Agreement, the Terms of Service, our Privacy Policy. You hereby irrevocably waive any and all claims and causes of action you may have arising from such use or disclosure of information by LUWN AGENCY.

Dispute Resolution :
If you purchase domain name services from LUWN AGENCY, the domain name shall be associated with your account and you shall be solely responsible for managing the domain in full compliance with this Agreement and the Terms of Service, even if the domain is registered to or owned by a third party.

Any dispute between you and any third party regarding a domain name must be resolved between the parties involved. LUWN AGENCY will neither be a party in a dispute, nor will facilitate dispute resolution. We reserve the right, upon becoming aware of a dispute and at our sole discretion, to either suspend or cancel the domain name, and/or make appropriate representations to the Registrar of record or the relevant Registry. You warrant and represent that to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used by you and/or any affiliate directly or indirectly infringes the legal rights of a third party. In any case, disputes for the ownership of domain names shall be governed by ICANN’s UDRP which is an integral part of this Agreement.

This Domain Name Agreement is an integral part of the LUWN AGENCY Terms of Service and may be modified in accordance with the provisions set therein.

Uniform Domain Name Dispute Resolution Policy (UDRP) (As Approved by ICANN on October 24, 1999)

1. Purpose
This Uniform Domain Name Dispute Resolution Policy (the “Policy”) has been adopted by the Internet Corporation for Assigned Names and Numbers (“ICANN”), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules of Procedure”), which are available here and the selected administrative-dispute-resolution service provider’s supplemental rules.

2. Your Representations
By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else’s rights.

3. Cancellations, Transfers, and Changes
We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:

1. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
2. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
3. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)

We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.

4. Mandatory Administrative Proceeding
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed here (each, a “Provider”).

1. a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a “complainant”) asserts to the applicable Provider, in compliance with the Rules of Procedure, that:
   (i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
   (ii) you have no rights or legitimate interests in respect of the domain name; and
   (iii) your domain name has been registered and is being used in bad faith.
   In the administrative proceeding, the complainant must prove that each of these three elements are present.
2. b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
   i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
   ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
   iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
   iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your website or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
3. c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):
   (i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
   (ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
   (iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
4. d. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).
5. e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the “Administrative Panel”).
6. f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.
7. g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.
8. h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
9. i. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.
10. j. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
11. k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel’s decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel’s decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.

5. All Other Disputes and Litigation
All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration, or other proceeding that may be available.

6. Our Involvement in Disputes
We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.

7. Maintaining the Status Quo
We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.

8. Transfers During a Dispute
a. Transfers of a Domain Name to a New Holder.
You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.

b. Changing Registrars.
You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.

9. Policy Modifications
We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at link. at least seven (7) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.

Trademark / Copyright policies :
If you believe that a domain name and its use violates your trademark, you may either pursue the matter in a court of law or have the matter adjudicated under the Uniform Domain Name Dispute Resolution Policy (“UDRP”).

The UDRP is a mandatory administrative proceeding adopted by the Internet Corporation for Assigned Names and Numbers (“ICANN”) to resolve disputes regarding the registration of domain names. All ICANN accredited registrars are required to follow the UDRP. Nothing in this policy should be construed to amend or overrule the UDRP. More information regarding the UDRP is available here.

Complaints :
If you believe that you have a trademark complaint related to a domain name, you may submit a valid and formal notice of a trademark complaint as outlined below. When you submit a trademark complaint, you acknowledge and agree that we will forward your complaint to our customer. You further attest that you have authorization to share and instruct Incsub to disclose any personal information contained therein and agree to hold Incsub harmless for the processing of this personal information. We will forward your complaint to our customer. It should include:

• The domain name in question.
• Details of the trademark or servicemark (“mark”) that is claimed to be infringed, including the registration number and jurisdiction or geographical area to which it applies.
• The name, address and telephone number of the owner of the mark.
• A description of how you believe the mark is being infringed, including the precise location of the infringing mark.
• Evidence that the owner of the domain that is claimed to be infringing the mark is an Incsub or LUWN AGENCY customer.

You should be aware that, other than forwarding your trademark complaint to a customer, we cannot take any further action without a court order or a UDRP ruling.

D. Concerning Google Ads campaigns:
D.1 – Google Ads budget and Ads personalization:
The Customer acknowledges and agrees that the budget specified in this contract includes campaign expenses for Google Ads. LUWN Agency undertakes to use reasonable efforts to personalize advertisements to target them to appropriate persons who may be interested in the Client’s services.

Article 5: Obligations and responsibilities of the Customer
Data supplied by the Customer
The Customer shall supply all text content in electronic format (Word, Powerpoint or e-mail file). Audio and video material will be supplied in digital format.

The data sent must be final versions. Any request to modify site content already integrated into the site will be billed by the hour at a rate of €50 (excl. VAT) per hour spent.

The Client undertakes to cooperate actively with LUWN Agency by providing it with the information necessary to carry out the commissioned work. In the event of non-compliance with this commitment, LUWN Agency reserves the right to terminate the service after 3 written reminders (by email, fax or post) and 3 months from the signature of the quotation. LUWN Agency may then demand payment of the full amount stipulated in the signed quote.

Rights and legality
The Client guarantees that its activity is legal and that the activities presented on the communication media set up by LUWN Agency comply with legislation.

The Client guarantees that he owns all rights to all elements provided to LUWN Agency as part of the project (trademarks, images, text content, concepts, contact list for emailing, etc.).

The Client will be solely responsible for the editorial content of its communication media.
The Client agrees to release LUWN Agency from any liability concerning the services or information, signs, images, graphics, sounds or any other multimedia data it makes available to users. In particular, the user shall be solely liable for any act of counterfeiting, parasitism or infringement of intellectual property rights, and more generally for any direct or indirect material or physical injury caused by the use of the services. He shall be responsible for any dispute that may arise between himself and any third party to the present contract. Should LUWN Agency nevertheless be held liable by a judicial authority, it undertakes to compensate LUWN Agency for any loss resulting from a fault on its part.

Payment deadlines
The Customer undertakes to pay all invoices on time.

Article 6: LUWN Agency’s obligations and responsibilities

Deadlines
LUWN Agency undertakes to do its utmost to carry out the services ordered by the Customer, but does not accept any obligation to meet deadlines, unless otherwise agreed. LUWN Agency’s performance of the work is subject, in particular, to the provision by the Client of the information required to complete the order.

Documents transmitted
LUWN Agency cannot be held responsible for the loss of documents required for the execution of the services ordered. The customer is obliged to send only copies or documents with no replacement value.

Security
LUWN Agency cannot be held liable in the event of (i) intrusion on the customer’s site (and its various pages and contents) or the administration interface of the customer’s site, (ii) access to servers hosting source files, databases and, more generally, customer data, (iii) hacking of the Customer’s electronic mailboxes, and (iv) a computer virus attack on the Customer’s website.

Limits of liability
LUWN Agency cannot be held liable for more than the amounts paid by the customer under the contract, whatever the cause.

Access by the Client or a service provider to the source code developed by LUWN Agency releases LUWN Agency from all liability for any subsequent malfunctions.

Article 7: Data processing
LUWN Agency and the Customer undertake to keep confidential all information and documents concerning the other party, of any nature whatsoever, whether financial, technical, social or commercial, to which they may have had access in the course of performing the service. The foregoing provision shall not prevent LUWN Agency from mentioning in its advertising or commercial documents or commercial offers all orders carried out, with the possibility of mentioning the Client’s company name and the purpose of the service. This possibility does not confer on LUWN Agency any right whatsoever over the Client’s trademarks other than those mentioned above.

If LUWN Agency is required to process data on behalf of the Client, such processing will be carried out as a subcontractor of the Client. LUWN Agency may only be held liable in this capacity.

Personal data provided by the Customer (e-mail address, telephone number, etc.) may be used by LUWN Agency for communication purposes (sending of newsletters, sales proposals, etc.). Personal data can be deleted at the customer’s request by e-mail to contact@luwn.net.

Article 8: No poaching
Each of the parties agrees not to make direct or indirect offers of employment to any employee of the other party who has worked on the services covered by the contract, or to take such employee into its service, under any status whatsoever, without prior written agreement. This waiver is valid for a period of three years from the date of the collaborator’s intervention. In the event of a breach of articles 7 and 8, the party in question will be required to pay a penalty of 30,000 euros.

Article 9: Effective date
The present contract takes effect upon signature of the quotation, in paper or electronic format.

Article 10: Financial terms
In consideration of the services provided, the Client agrees to pay LUWN Agency any amount mentioned on the signed quotation in accordance with the terms specified in this document. The rates for these services are those mentioned in the paper or electronic quote. They include all taxes and are payable in euros (€). They are payable according to the due dates specified in the quotation.

All LUWN Agency invoices are definitively accepted by the Client if they are not contested within 8 days of receipt by registered letter or by email detailing the reasons for the contestation.

In application of article L 441-16 of the French Commercial Code, any default or delay in payment will result in the payment of late payment penalties at the rate of 15% per annum, as well as the immediate suspension of LUWN Agency’s services, pending regularization by the Client.

Article 11: Termination
LUWN Agency reserves the right to terminate, after written notification (by email, fax or post), ipso jure and without compensation of any kind, the present contract in the event of breach of any of the clauses of the preceding conditions.

If the contract is terminated at the customer’s initiative, part of the fee will be due in proportion to the work carried out, with a minimum of 40% of the total amount of the signed quotation.

Article 12: Assignability of the contract
LUWN Agency reserves the right to assign, transfer or contribute to a third party, in any form whatsoever, the rights and obligations arising from the present contract.

Article 13: Force majeure
Neither party shall be liable to the other for non-performance or delay in performance of any obligation under this contract caused by the other party following the occurrence of a case of force majeure as generally recognized by jurisprudence.

Article 14: Modification of the General Terms and Conditions of Sale
The present General Terms and Conditions of Sale may be subject to modification.
Modifications to the general terms and conditions take effect when they are published on the website, at which point the customer is deemed to have taken cognizance of them. In the event that the client informs LUWN Agency that he/she does not agree with the modifications, LUWN Agency reserves the right to terminate this contract in the sense and under the conditions of article 11.

Article 15: Applicable law and jurisdiction
Any dispute arising out of or in connection with this contract shall be resolved in accordance with the Paris Commercial Court.