Terms of Service
Date and time of last modification: 28/05/2024 at 19:55.
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.
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.
Purpose
The purpose of this document is to define the general terms of service and the terms and conditions under which LUWN Agency provides services to its Clients.
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.
Duration of LUWN Agency’s offers
The contract is taken out for a period of one year from the date it takes effect.
In the case of recurring subscriptions services (Luwn Care, Hosting, Domains, etc.), the contract will be renewed by tacit agreement under the same terms.
This Terms of Service comprises the following components:
You can click on any element in the table of contents to be redirected to it.
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.
Prohibited Uses
When using Luwn Care Services, you agree not to:
- violate any state, federal or foreign laws or regulations;
- infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights, including copy & graphics on the Luwn Agency site, the Luwn Agency Help Center and Luwn Agency services);
- publish, host, or transmit content that is defamatory, slanderous or trade libelous;
- publish, host, or transmit content that is threatening or harassing;
- publish, host, or transmit content that is discriminatory based on gender, sexual orientation, race, age or promotes hate;
- disclose the sensitive personal information of others;
- distribute material that is or enables malware, spyware, adware, or other malicious code;
- send spam or bulk unsolicited messages;
- interfere with, disrupt, or attack any service or network;
- resell, share, or publish Luwn Agency credentials or access;
Security
You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure and you must immediately notify Luwn Agency of any unauthorized uses of its sites, its account, or any other breaches of security.
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.
Payments & Subscriptions
Many of our Services require an active paid subscription – including Luwn Hosting and Luwn Care. By using a Paid Service, you agree to pay the specified fees, which we’ll charge you for in regular intervals (such as monthly or annually), on a pre-pay basis until you cancel, which you can do at any time on your account page or by contacting support.
To ensure uninterrupted service, our Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Paid Services are renewed for the same interval of time.
If you choose to cancel your subscription, your membership will remain active until the end of your current billing cycle.
If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services.
We reserve the right to refuse service or cancel your subscription and revoke membership access with a prorated refund for any reason we deem appropriate.
We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.
Support
We offer our Services ‘as is’, with no implied meaning that all Services will function exactly as you wish or with all 3rd party components and plugins.
Support is provided by Live Chat on the Luwn Agency site and the different others forms of contact available. Any issues that can’t be immediately or easily answered via Live Chat will result in the creation of a ticket for ongoing follow-up and tracking.
While our support staff are located around the world, to ensure we reach the widest possible audience our support services are offered in English only. This applies to both Live Chat and the different others forms of contact available, as well as email communications.
We commit to having our support team available and staffed 24/7/365, and that average Live Chat wait times will be under 10 minutes. Resolution times of issues will depend on the complexity, support queue, and the availability of the appropriate staff member to address the issue.
We will do our utmost to support anything Luwn Services related, however, some requests may require complex or custom work which is beyond the scope of what we can reasonably provide. We reserve the right to determine which requests and levels of support that we can and can’t provide.
Support for site-related issues is exclusively available to clients who have subscribed to our Luwn Care service. Upon subscription, you can authorize our support team to access your sites for troubleshooting and resolution purposes. Additionally, you assume full accountability for any lost content or downtime resulting from our support interventions, whether on staging or production sites. We highly recommend conducting troubleshooting on staging environments whenever feasible.
In order to receive support for any Service, you must be using the most recent version of our products. Luwn Agency makes no guarantees and cannot provide support to anyone using outdated or otherwise altered versions of our products. We offer no support via email or otherwise for installation, customization, 3rd-party application, integration or API.
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.
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.
Customer's Obligations and Responsibilities
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 content already integrated 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.
100% Money-Back Satisfaction Guarantee
We stand firmly behind our products/services, offering a 100% Money-Back Satisfaction Guarantee. Should you find yourself dissatisfied with your purchase for any reason, we urge you to first contact our customer support team by submitting your request here. Our commitment is to address any concerns promptly and effectively. If, despite our best efforts, your satisfaction remains elusive, you may request a refund.
Refunds requested are issued at the discretion of our support staff.
Refund Policy
Requests for refunds cannot be made for reasons that were not clearly outlined and explained in the quote or Statement of Work (SOW). This encompasses factors such as delays in delivery, discrepancies in features, and similar issues.
The customer must engage in open communication with LUWN Agency to address any dissatisfaction that may arise without the prior knowledge of LUWN Agency, ensuring that all communications are conducted in good faith.
Before initiating a money-back request, we require a comprehensive document listing all points of dissatisfaction and your proposed resolutions. Upon completing the actions outlined in this document, any valid grounds for a refund should be effectively resolved. However, if we fail to address or are unable to fulfill the listed concerns, we will proceed with the refund process promptly.
Customers cannot request a refund for a product or service simply because they’ve had a change of heart or altered their initial decision, whether due to emotions or a reassessment of their reasoning. This policy covers a range of situations beyond mere shifts in opinion or sentiment.
Refunds are applicable only to quotes without discounts, any quote with a discount applied will not qualify for a refund.
Refunds are available once per person or entity.
Manual Money-Back
If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we will not provide a refund, and we may revoke your access to our Services in general. Additionally, our legal team will inform your bank that the manual refund you initiated is in violation of our terms of service, constituting fraudulent activity. This action will nullify the refund and prevent future refund requests, obligating you to maintain the service.
Breach of Terms
Any violation of any provision outlined in our Terms of Service, including but not limited to instances such as making false statements or engaging in prohibited conduct, will lead to the automatic rejection of a refund request.
Product not available for refunds
Hosting, Domain Registration, Renewal, Transfer & Redemption fees are not refundable under any circumstances.
Referral Program
The referral program is open to all our existing customers, meaning participation is limited to individuals who have previously purchased one of our products.
Validation of Referred Individuals:
The referred individuals must be new customers who have not previously made a purchase. They will be validated once they have signed the quote and fully paid for the service. Additionally, referrals from the same household or IP address will be disqualified (unless specified beforehand), and self-referrals or any fraudulent activities will lead to disqualification from the referral program.
Payment Conditions for Referrers:
Once the referred individual has been validated according to the conditions mentioned, you will receive your payment via bank transfer. Depending on the country, the payment may be processed through Western Union.
The payment will be made within 7 to 14 days after the referred individual has been validated.
If you choose store credits or discounts, they will be applied to your account within 7 days of validation, and you will receive a bonus of 30% of the total payment. For example, if you earn €150 for a referral, you will receive €195 in store credits or discounts.
Breach of Terms:
Any violation of any provision outlined in our Terms of Service, including but not limited to making false statements or engaging in prohibited conduct, will lead to the automatic blockage of your referral payment.
General Services Terms
In relation to all the services that our agency is selling:
Statement of Work
All services provided by LUWN Agency shall be clearly outlined in a separate Statement of Work (SOW) or proposal, which must be mutually agreed upon by both parties. It is imperative that the client carefully reviews and confirms all details outlined in the SOW or proposal before providing their approval. By confirming a quote, the client acknowledges and accepts all terms and conditions specified within the document, thereby indicating their agreement with the contents of the SOW.
In the event that no specifications are provided in the SOW, proposal, or initial quote, LUWN Agency reserves the right to determine the specifications independently. In such cases, the client agrees to automatically accept the specifications chosen by LUWN Agency.
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 €700, to keep the contract entirely private.
Project Initiation
To commence any project, the Client is required to furnish LUWN Agency with detailed and exhaustive technical specifications. Using this information, LUWN Agency will generate an estimate, serving as the definitive document for the project. Any aspects not explicitly articulated in the estimate, whether in the initial request, specifications, or verbally conveyed, shall not be considered within the project scope. In the absence of specific details, LUWN Agency will exercise its technical and functional expertise to make decisions, which shall be final and undisputed by the Client.
Presentation and Approval of Mock-ups
When deemed necessary, LUWN Agency will present mock-ups of the deliverable to the Client for evaluation, showcasing its visual representation. Mock-ups will be developed within the stipulated timeframe, with a maximum allowance of three iterations per mock-up, unless otherwise specified. Additional revisions will be subject to an additional estimate, contingent upon the Client’s consent. Following the approval of the mock-ups, any alteration requests will prompt the creation of a new quotation, which is again subject to the Client’s approval.
Contract Validation and Amendments
In the event that the Client initially approves work completed by LUWN Agency during the contract period but subsequently reverses their decision, LUWN Agency will draft a supplementary estimate for any additional work required, pending the Client’s acceptance. Likewise, any new requests or objections raised during the contract duration that deviate from the originally agreed specifications will necessitate the creation of a new estimate by LUWN Agency, again subject to the Client’s approval.
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.
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.
Confidentiality
Both parties agree to maintain the confidentiality of all proprietary information disclosed during the course of the agreement, including but not limited to trade secrets, business plans, and customer data.
Intellectual Property Rights
Any creative assets developed by Luwn Agency during the term of the agreement, including ad creatives, marketing copy, and design elements, shall be owned by the Client. The Client grants Luwn Agency a non-exclusive, royalty-free license to use these creative assets solely for the purpose of fulfilling the obligations outlined in this agreement.
Non-Compete and Non-Solicitation
During the term of this agreement and for a period of 3 months thereafter, the Agency agrees not to provide marketing services to direct competitors of the Client. Luwn Agency further agrees not to solicit or hire any employees or clients of the Client during the term of this agreement and for a period of 6 months thereafter.
Web Development
In relation to Web Development:
Scope of Services
Luwn Agency undertakes to provide the Client with a range of web development services, including but not limited to website design, front-end and back-end development, responsive design implementation, e-commerce functionality integration, and website maintenance and support.
Browser and Mobile Compatibility
Websites developed by LUWN Agency are designed to function correctly on the latest versions of Edge, Firefox, Chrome, and Safari browsers, with differences in rendering possible. While we strive for compatibility, we cannot guarantee it across all browsers and mobile devices. Additionally, we cannot guarantee immediate appearance in search engine results or specific search engine rankings.
Warranty for Malfunctions
LUWN Agency will rectify any bugs or malfunctions reported by the Client within one month of the website going live. Requests for changes beyond this period will be subject to an additional quotation, pending acceptance by the Client.
Website Maintenance
Luwn Agency offers a comprehensive service called Luwn Care, which clients must subscribe to for regular upkeep.
Furthermore, while all maintenance services will fall under the umbrella of ‘Luwn Care’ and are governed by its terms, we also offer custom quotes for specific maintenance needs beyond the standard Luwn Care services. These quotes will explicitly list any additional terms applicable to the specific maintenance requirements. For more details about Luwn Care and its terms, please visit this link.
Hosting & Domains
By engaging LUWN Agency for website creation, the Client agrees to use Luwn Hosting & Domains as the hosting provider for their website. LUWN Agency will not commence website creation until the hosting plan is purchased from Luwn Hosting & Domains. In the event that the chosen domain extension is not available from us, the Client may opt to manage their domain elsewhere.
Should the Client choose to use a hosting provider other than Luwn Hosting & Domains, LUWN Agency will not investigate or resolve any issues related to hosting. LUWN Agency will communicate its inability to proceed with building the website and will not offer support for incompatible hosting. This stance is non-negotiable, as we believe in the importance of using a suitable hosting platform for optimal website performance and reliability.
Ownership and Access
Websites created with a one-time payment grant full copyright and ownership to the Client. However, websites under monthly subscriptions remain the property of LUWN Agency, and LUWN reserves the right to remove access and delete the website at any time. Regardless of payment method, the Client must grant LUWN Agency full access to the website for maintenance purposes. LUWN Agency respects the security and privacy of user data and will not access or utilize client data, including emails, phone numbers, or order lists, except for websites under monthly subscription where LUWN Agency retains ownership.
Website Transfer and Migration
Websites initially created by LUWN Agency cannot be transferred to another server for any reason. However, for one-time paid websites, if the Client wishes to move the website to another hosting provider, they may do so by paying a fee of $300. Additionally, if the Client requires LUWN Agency to handle the migration process, an additional fee of $150 will apply.
No Guarantee of Results
Websites created by LUWN Agency cannot guarantee specific results such as increased orders or conversions. For achieving such results, clients are advised to explore LUWN Agency’s marketing services.
Design Services
In relation to Design:
Scope of Services
Luwn Agency commits to delivering comprehensive design services to the Client. These services encompass, but are not limited to, graphic design, UI/UX design, branding, logo design, print design, and design consulting.
Design Compatibility
Design services provided by LUWN Agency are tailored to meet the specific requirements outlined by the client in the quote. Whether it’s adapting for an Instagram post, a Facebook banner, or any other format, the design specifications, including format, size variations, and the provision of source files, must be clearly communicated.
Warranty for Malfunctions
Any malfunction resulting from misalignment with these specifications, such as failure to export printable files or sending excessively small sizes, will be covered under our warranty policy.
Ownership and Access
Upon payment, the client is granted complete copyright ownership of the design. LUWN Agency guarantees that no design will be reused or repurposed for another client without explicit permission. This ensures that the client has exclusive rights to the design, preventing any unauthorized usage.
No Guarantee of Results
Design services aim to create visually compelling and effective materials, we cannot guarantee specific outcomes like increased orders or conversions. Achieving such results often requires a strategic approach that extends beyond design alone. Therefore, we recommend considering LUWN Agency’s comprehensive marketing services to maximize the impact of your designs and achieve your desired goals.
Search Engine Optimization
In relation to Search Engine Optimization:
Scope of Services
Luwn Agency agrees to provide SEO services to the Client, which may include but are not limited to, keyword research, on-page optimization, off-page optimization, content optimization, and technical SEO audits.
Ownership and Intellectual Property Rights
All SEO strategies, recommendations, and optimizations developed or implemented by the Agency during the term of this Agreement shall be owned exclusively by the Client.
Performance Metrics and Reporting
Luwn Agency agrees to provide regular performance reports to the Client, outlining key metrics and KPIs relevant to the SEO campaigns. Reports shall include, but are not limited to, data on organic traffic, keyword rankings, backlink profile, and website visibility.
Performance reports will be provided monthly, with the exact schedule to be mutually agreed upon by both parties.
Approval of Additional Expenses
In the event that additional expenses are required for SEO projects due to unforeseen circumstances or changes in project scope, the Agency will inform the Client and seek prior approval for such expenses before implementation.
No Guarantee of Specific Results
The Client understands and accepts that the specified budget does not guarantee the achievement of specific outcomes such as increased website traffic, higher search engine rankings, or improved conversion rates. SEO results can vary depending on factors such as industry competitiveness, algorithm changes, and website optimization efforts.
Adjustments may be imperative due to changes in search engine algorithms or other influential factors. Should our current tactics not yield the expected outcomes, we prioritize open communication with the client, revising our strategy or extending deadlines to ensure our pursuit of optimal results remains steadfast.
Guarantee of Top 1 Ranking on Google
In the event that the Client enters into a specific contract with Luwn Agency for the purpose of achieving top 1 ranking on Google for a designated keyword or set of keywords, Luwn Agency will guarantee the attainment of this objective.
It is important to note that the achievement of top 1 ranking may vary in terms of the timeframe and success, depending on factors such as the level of investment by the Client, competitiveness of the industry, changes in search engine algorithms, and other market conditions beyond the control of Luwn Agency.
Please be aware that this guarantee applies exclusively to contracts specifically aimed at achieving top 1 ranking on Google and does not extend to general SEO services provided by Luwn Agency.
Marketing Services Investment
In relation to marketing campaigns and investments:
Scope of Services
Luwn Agency agrees to provide marketing services to the Client in accordance with the terms and conditions of this Agreement. Services may include but are not limited to, Advertising Campaigns, Content Creation, Social Media Strategy, Marketing Strategy and Brand Strategy.
Budget Allocation and Personalization
The Client acknowledges that the budget specified in the SOW includes expenses for marketing campaigns. The Agency undertakes to personalize advertisements to target them to appropriate persons who may be interested in the Client’s services.
No Guarantee of Specific Results
The Client understands and accepts that the mentioned budget does not guarantee the achievement of specific outcomes such as clicks, conversions, or sales. Campaign results can vary depending on market conditions, advertising content quality, and audience preferences.
Variability of Costs
The Client acknowledges that costs associated with marketing campaigns may vary, including but not limited to, cost per click (CPC) and ad placement fees. The Agency cannot guarantee fixed costs and reserves the right to adjust bidding strategies according to changing market conditions.
Performance Metrics and Reporting
The Agency agrees to provide regular performance reports to the Client, outlining key metrics and KPIs relevant to the marketing campaigns. Reports shall include, but are not limited to, data on impressions, clicks, conversions, and ROI.
Performance reports will be provided weekly, with the exact schedule to be mutually agreed upon by both parties.
Approval of Additional Expenses
In the event that marketing costs exceed the agreed budget due to unforeseen circumstances or changes in strategy, the Agency will inform the Client and seek prior approval for additional expenses before implementation.
Luwn Care
Scope of Service
Luwn Care encompasses critical maintenance tasks including security work, uptime monitoring, backups, performance optimization, updates, and more. These services are essential for maintaining the health, security, and functionality of your website.
For detailed information about each feature, please refer to the Luwn Care service page.
Responsibility Acknowledgment
By subscribing to Luwn Care, you acknowledge and agree that Luwn Agency will be responsible for the maintenance and management of specified aspects of your website as outlined in the service agreement.
Responsibility of “Frequency Checkups”
By selecting between monthly, weekly, or daily checkups for website maintenance, clients acknowledge and agree to the following terms:
- Impact on Responsiveness: The selected frequency significantly impacts the promptness of issue resolution – Monthly checkups offer thorough protection but may delay immediate fixes. Weekly checkups strike a balance between protection and responsiveness, while daily checkups ensure continuous monitoring and swift action.
Clients are responsible for carefully considering their needs and selecting the frequency aligning with their expectations. - Client Accountability for Engagement: With reduced checkup frequency, LUWN Agency will need to investigate to determine when the initial issue occurred, to ascertain whether the infrequent checkups contributed to a minor problem escalating into a major or critical one. In such instances, subscribers to LUWN Case will receive a 50% discount on each repair quote, as we acknowledge their commitment to maintaining their website.
- Responsibility for Chosen Frequency: Clients must understand that choosing monthly or weekly checkups means Luwn Agency cannot proactively monitor and safeguard the website. Consequently, clients assume responsibility for any issues arising from the chosen frequency. While Luwn Agency ensures swift resolution upon client requests for escalated issues, clients acknowledge that the Agency bears no responsibility for misunderstandings or misinterpretations of the implications of their chosen frequency.
Exclusion of Responsibility
If you choose not to subscribe to Luwn Care, you accept the risks associated with managing your website without this assistance. Luwn Agency will not be liable for any issues that arise on your website if you have not subscribed to Luwn Care. By acknowledging this decision, you agree to have been informed of the risks associated with not subscribing to Luwn Care and accept responsibility for them.
By subscribing to Luwn Care, you acknowledge and agree to these terms and conditions, entrusting Luwn Agency with the responsibility of managing critical aspects of your website’s maintenance and security.
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.
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:
- 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;
- our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
- 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”).
- 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. - 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. - 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. - 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).
- 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”).
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Licensing Terms
LUWN Agency may utilize various tools and software in the provision of its services to clients. These tools may require licensing agreements for their usage, which are outlined in these Licensing Terms.
Clients are encouraged to inquire about any licensing requirements to ensure compliance and smooth project execution. By not explicitly declining the use of specific tools, clients implicitly accept them, relieving LUWN Agency of responsibility in this regard.
License Duration
Any licenses procured for tools used in LUWN projects and services are typically on a yearly subscription basis, with a minimum duration of one year.
Inclusion in Quotes
If a project quote includes the cost of required licenses for tools employed by LUWN Agency, explicit mention of these licenses and their duration is not obligatory in the initial quote. This implies that the licenses will be procured for a duration of one year as part of the quoted price.
Unincluded in Quotes
If licenses for tools are not initially included in the project quote, LUWN Agency will explicitly state in the quote or Statement of Work (SOW) that the client may need to procure these licenses separately. LUWN Agency will provide the client with a list of required licenses, their duration, and prices.
Customer Inquiries
Client have the right to inquire, before or after the project commencement, about any specific licenses required for tools used in their project. LUWN will provide the customer with a list of licenses, their start and end dates, and associated prices upon request.
Responsibility
LUWN is not typically responsible for procuring licenses for tools used in projects unless explicitly stated otherwise in the project quote or SOW. However, if the need for licenses was not mentioned to the client and not included in the quote, LUWN Agency will assume responsibility and may be compelled by the client to procure the necessary licenses for a minimum duration of one year.