Terms And Conditions

  • Lumineux Informatik Terms and Conditions This web page represents a legal document that serves as OUR Terms and Conditions and it governs the legal terms of OUR WEBSITE, http(s)://lumineuxinformatik.net, sub-domains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by Lumineux Informatik.Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms and Conditions, along with OUR Privacy Policy, any mobile license agreement, and other posted guidelines within OUR WEBSITE, collectively “Legal Terms”, constitute the entire and only agreement between you and Lumineux Informatik, and supersede all other agreements, representations, warranties and understandings with respect to OUR WEBSITE and the subject matter contained herein. WE may amend OUR Legal Terms at any time without specific notice to you. The latest copies of OUR Legal Terms will be posted on OUR WEBSITE, and you should review all Legal Terms prior to using OUR WEBSITE. After any revisions to OUR Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review OUR Legal Terms to make sure you still agree to them.By using OUR WEBSITE, you agree to fully comply with and be bound by OUR Legal Terms. Please review them carefully. If you do not accept OUR Legal Terms, do not access and use OUR WEBSITE or SERVICES. If you have already accessed OUR WEBSITE and do not accept OUR Legal Terms, you should immediately discontinue use of OUR WEBSITE.Definitions

    1. The phrase “our website” or “this website” refers to http(s)://lumineuxinformatik.net including: all sub-pages, all sub-domains, and any associated web-based and mobile applications (collectively, “Website”) owned and operated by LUMINEUX INFORMATIK.
    2. The terms “we”, “us”, “our”, “LUMINEUX INFORMATIK“, “LUMINEUX INFORMATIK Website Maintenance”, “Website Maintenance” and “lumineuxinformatik.net” shall be used interchangeably and shall refer to LUMINEUX INFORMATIK SUPPORT LTD., its affiliates and/or OUR subsidiaries and any person or entities associated with LUMINEUX INFORMATIK.
    3. A “visitor” is someone who merely browses OUR WEBSITE, but has not registered as a MEMBER.
    4. A “member” or “client” is an individual that has registered with US to use OUR SERVICE.
    5. OUR “service” or “services” represents the collective functionality and features as offered through OUR WEBSITE to OUR MEMBER.
    6. A “user” or “users” is a collective identifier that refers to either a VISITOR or MEMBER.
    7. All text, information, graphics, audio, video, and data offered through OUR WEBSITE are collectively known as OUR “Content”.
    8. “Professional Service” or “Professional Services” are defined as any SERVICE outside of OUR monthly subscription plans in which WE quote, invoice and bill a MEMBER once the MEMBER has agreed to the service.
    9. “FMH” refers to OUR Free Managed Hosting Service.

    Legal Compliance

    You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of OUR WEBSITE. LUMINEUX INFORMATIK reserves the right to investigate complaints or reported violations of OUR Legal Terms and to take any action WE deem appropriate, including but not limited to canceling your MEMBER account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under OUR Privacy Policy.

    Intellectual Property

    OUR WEBSITE may contain OUR service marks or trademarks as well as those of OUR affiliates or other companies, in the form of words, graphics, and logos. Your use of OUR WEBSITE does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. OUR WEBSITE is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of OUR WEBSITE is strictly prohibited. Your use of OUR WEBSITE does not grant you ownership rights of any kind in OUR WEBSITE.

    Links to Other Websites

    OUR WEBSITE may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, WE do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within OUR WEBSITE does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. LUMINEUX INFORMATIK has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

    Service Terms

    As a condition of your use of THIS WEBSITE, you warrant that:

    1. you are at least 18 years of age, and
    2. you possess the legal authority to create a binding legal obligation, and<
    3. you have the legal right to make decisions on behalf of your company, corporation, or business concerning any of their web sites and other IT resources, and<
    4. you are responsible for all Content posted and activity that occurs under your account. You are responsible for any changes made to your web site by others acting on your behalf, if any, and
    5. you will use THIS WEBSITE in accordance with this Agreement, and
    6. all information supplied by you on THIS WEBSITE is true, accurate, current and complete, and
    7. you may not use the SERVICE for any illegal or unauthorized purpose. You must not, in the use of the SERVICE, violate any laws in your jurisdiction (including but not limited to copyright laws), and
    8. by using the SERVICE, LUMINEUX INFORMATIK has the right to place a link to OUR WEBSITE on your site, and
    9. if you have an account with LUMINEUX INFORMATIK, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. WE retain the right, at OUR sole discretion, to deny access to anyone to THIS WEBSITE and the SERVICES WE offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

    LUMINEUX INFORMATIK believes in helping its customers as far as possible, and has therefore a liberal cancellation policy.

    Under this policy:

    Your purchase is covered under our Customer Satisfaction program:
    Although we hate to see you go, we understand that things change. So, don’t forget that you can cancel your service contract at any time.
    If you cancel in the first 15 days of purchase, you are entitled to a full refund, less the cost of any claims filed.

    To exercise your right to cancel please email us at payments info@lumineuxinformatik.net .

    After 15 days :
    Single Pay Customers: You are entitled to a prorated refund if you cancel more than 15 days after you purchase your service contract. Once cancelled your coverage is effective through the cancellation date. Your prorated refund is based on the number of days remaining in your service contract, less the cost of any claims paid and an administrative processing fee. The processing fee is the less of 20% of your service contract’s prorated refund .
    Monthly Pay Customers: If you cancel after the first 15 days, your service contract is effective through the end of your current billing cycle. At the end of the billing cycle your service contract, and all billing activities, will end.

    To exercise your right to cancel please email us at payments info@lumineuxinformatik.net, you may also use the Cancellation Form.

    Important Note:As you there is “no obligation contract” between us and we are ready to refund you for the unused days if you are not satisfied. For any reason in case you opt to do chargeback without sending us an email for refund request on info@lumineuxinformatik.net 15 business days prior filing a chargeback, there will be a penalty of 50% of your paid amount which we will have to incur in filing the case
    All refund takes 15 business days to complete from the date of request
    For more details call us on +18559003220, or write to us at info@lumineuxinformatik.net

    Changes to Services and Prices

    WE reserve the right at any time to modify or discontinue, temporarily or permanently, the SERVICE (or any part thereof) with or without notice. Prices of all SERVICES, including but not limited to monthly subscription plan fees to the SERVICE, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to OUR WEBSITE and/or emailing you.

    Privacy Policy

    You agree that you have read, agree with, and understand OUR Privacy Policy.

    Right to Refuse Service

    WE reserve the right to refuse to do business with you. WE have the right to terminate your SERVICES and give you any applicable refunds, at any time and for any reason.

    WE reserve the right to refuse OUR FMH Services. This may occur if WE determine that your web site, product, and/or needs require an extraordinary amount of effort on OUR part.

    WE will try to negotiate a more suitable compensation arrangement before WE terminate OUR relationship and SERVICES.

    Operating Hours and Vacation Policies

    OUR standard operating hours are 24×7, Monday through Friday.

    OUR staff may, on occasion, attend company-wide vacations or outings. During this time, OUR offices may be closed. If this effects the SLA (Service Level Agreement) for your plan, you may be eligible for a prorated, partial refund for the days in which OUR offices were closed. You must request a partial refund.

    Professional Services

    WE reserve the right to refuse PROFESSIONAL SERVICES at any time.

    For all SERVICES, including PROFESSIONAL SERVICES, WE reserve the right to construct your website on any technology stack and software platform WE deem appropriate. If WE believe this will not benefit you, WE will discuss it with you accordingly.

    Free Managed Hosting

    WE reserve the right to refuse free managed hosting (“FMH”) at any time, for any reason. Typically, this is due to an abuse of resources.

    FMH does not include email hosting services. WE can work with you, as part of a PROFESSIONAL SERVICES contract, to setup a free, high-quality email provider for you. Typically, WE recommend Outlook.com.

    FMH is designed to serve the web hosting needs of small, independently owned and operated businesses in a single country. It is not appropriate to use OUR SERVICES to support large enterprises or internationally based businesses with a sustained demand that places undue burden on OUR systems or negatively impacts use by small, independently owned and operated businesses.

    WE do not allow a MEMBER to directly access OUR FMH servers, either by FTP, SCP, SFTP, or any other technology. WE manage the servers and services within entirely.

    Appropriate Use

    FMH is a shared web hosting service, which means that a number of customers’ websites and other services are hosted from the same server. WE use abuse controls to help ensure that use of OUR services does not adversely affect the performance of OUR system or other customers’ sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files, or for high traffic websites.

    Disk Space

    If you use FMH Services consistently with the Terms and Conditions and these paragraphs, your site can grow as large as necessary to meet your small business needs, but to ensure a great experience for all, WE will place some constraints on how fast you can grow. The vast majority of OUR customers’ sites grow at rates well within OUR rules, but OUR abuse controls may cause a brief delay while WE evaluate if expansion is appropriate.

    Data Transfer

    In most cases, if you use OUR services consistently with the Terms and Conditions and these paragraphs, visitors to your web site will be able to download and view as much content from your site as they like. However, in certain circumstances, OUR server processing power, server memory, or abuse controls could limit transfers to and from your site.

    You can also serve as much as content as you like each month, subject only to the Terms and Conditions and the rules that control how fast your site can grow (see above).

    Server Abuse

    Any attempt to undermine or cause harm to a server or customer of LUMINEUX INFORMATIK is strictly prohibited.

    WE will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “Internet scamming” or “phishing” (tricking other people into releasing their passwords), password theft, security hole scanning, etc.

    Any unauthorized use of accounts or computers by you, whether or not the attacked account or computer belongs to LUMINEUX INFORMATIK, will result in action against you. Possible actions include warnings, account suspension or cancellation, as well as civil or criminal legal action or pursuit of compensation, depending on the seriousness of the attack.

    WE reserve the right to discontinue service, or deny access to anyone who violates OUR policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined in OUR Terms and Conditions.

    You may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by LUMINEUX INFORMATIK to be unacceptable use of OUR services including abuse of server resources.

    All web applications that are out-of-date and actively being exploited with be shut down immediately WITHOUT PRIOR NOTICE. You are solely responsible for and should evaluate your web-based applications and/or script on a regular basis to ensure their security and orderliness.

    FMH accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

    Storage Space Abuse

    WE will not tolerate any form of storage space abuse. At least 90% of YOUR web pages (“HTML”) must be ‘linked’ with files (GIF, JPEG, etc.) stored on LUMINEUX INFORMATIK servers. Websites that are found to contain either/or no HTML documents, a large number of unlinked files are subject to files deletion or account cancellation at the discretion of LUMINEUX INFORMATIK Management (“MANAGEMENT”), with or without prior notice.

    WE are the sole arbiter as to what constitutes a violation of these provisions.

    Bandwidth Abuse

    The intention of LUMINEUX INFORMATIK FMH is to provide a reasonable allocation of bandwidth (10GB/month) to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, you will be notified and given 48 hours to remedy the problem. Failure to do so will result in you being billed for excessive overages at $10.00/1GB/month.

    You will have three (3) days to pay for your overages. Failure to do so will result in your website being disabled within three (3) days of your first notice.

    WE are the sole arbiter as to what constitutes a violation of these provisions.

    Unsolicited Email and Spamming

    Unsolicited commercial advertisements (“SPAM”) are not allowed in e-mail, and will likely result in account cancellation.

    WE take a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within OUR network. If found, WE will charge you up to $25 per unsolicited email message sent and delete your account with any prior notice.

    The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers – any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (“mail bombing”); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.

    NOTE – If you use the services of another provider to promote a website hosted by or through LUMINEUX INFORMATIK (“spamvertising”), then the provisions of the above policy shall apply as if the SPAM were sent through OUR servers.

    4. Restrictions

    Credit shall not be provided to you in the event that you have any outage resulting from:

    1. scheduled maintenance as posted from time to time, and
    2. outages incurred by OUR upstream provider, and
    3. your behavior or the performance or failure of your equipment, facilities or applications, and
    4. circumstances beyond OUR reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site, and
    5. you breaking any agreement policy in OUR “Terms and Conditions”, and
    6. causing a server to fail as a result.

    Network Security

    Customers may not use the FMH network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into a server or account You are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. You may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. WE will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. USERS who violate system or network security may incur criminal or civil liability.

    Electronic Commerce

    LUMINEUX INFORMATIK will not be held responsible for damages or lost sales due to any reason. This includes, but is not limited to, damages or lost sales due to downtime. Electronic Commerce websites which have high volume sales, or sales which immediately impact the success of your business, are not recommended as candidates for FMH.

    You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your website. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

    IP Address Ownership

    WE shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by us. WE reserve, at OUR sole discretion, the right to change or remove any and all such IP numbers and addresses.

    Technology Support Boundaries

    WE provide technical support for you that encompasses within OUR area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of OUR servers, and servers within OUR immediate responsibility and any other hosting related issues.

    However, in under no circumstances are WE neither obligated to help you in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have unexpectedly stopped working as expected. If any issues experienced are due to OUR FMH servers, WE will correct them; otherwise, these technical support issues fall under OUR PROFESSIONAL SERVICES contracts.

    Indemnification

    YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD LUMINEUX INFORMATIK  HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST LUMINEUX INFORMATIK , ITS AGENTS, ITS OWNERS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS LUMINEUX INFORMATIK AGAINST LIABILITIES ARISING OUT OF:

    1. ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH LUMINEUX INFORMATIK SERVERS, AND
    2. ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY, AND
    3. COPYRIGHT INFRINGEMENT, AND
    4. ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM LUMINEUX INFORMATIK SERVERS.

    DISCLAIMER

    LUMINEUX INFORMATIK WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. LUMINEUX INFORMATIK MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. LUMINEUX INFORMATIK DISCLAIMS ANY WARRANTY OR MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY LUMINEUX INFORMATIK AND ITS EMPLOYEES. LUMINEUX INFORMATIK RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF LUMINEUX INFORMATIK MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT cancellation.