General Conditions Luminary Words

General 

  1. These general terms and conditions apply to all quotations, agreements and services provided by Luminary Words, unless expressly agreed otherwise in writing. 
  2. Deviations from these terms and conditions are only valid if agreed in writing between Luminary Words and the customer. 
  3. If any provision of these general terms and conditions is declared null and void or invalid, the remaining provisions shall remain in force. In that case, the parties will consult to replace the void or invalid provision with a valid provision that is as close as possible to the purpose and purport of the original provision.
  4.  Luminary Words reserves the right to modify these terms and conditions at any time.  Amended terms and conditions also apply to already concluded agreements, subject to a reasonable period of time within which the customer objects to the changes.

 

Applicability 

  1. The general terms and conditions of Luminary Words apply to all quotations, contracts and supplies of services provided by Luminary Words to its subsidiaries customers, unless expressly agreed otherwise in writing. 
  2. By using the services of Luminary Words, the customer agrees to the applicability of these general terms and conditions. 
  3. Deviations from these general terms and conditions are only valid if they are in writing agreed between Luminary Words and the customer.

 

Offers and Quotations 

  1. All offers and quotations from Luminary Words are non-binding, unless otherwise agreed in writing. 
  2. Offers and quotations are based on the information provided by the customer. Luminary Words reserves the right to adjust prices if the information provided is found to be incomplete or incorrect. 
  3. The prices stated in an offer or quotation are exclusive of VAT and any other charges imposed by the State, unless otherwise specified. 
  4. Offers and quotations shall be valid for the duration indicated, unless otherwise stated. At the end of this period, the offer or quotation automatic ends.
  5. An agreement is concluded at the time the customer accepts the offer or accepts quotations from Luminary Words, either in writing, by email, orally or in a different way. 
  6. If, after the conclusion of the contract, unforeseen circumstances arise, Luminary Words reserves the right to adjust the prices. The customer will be informed about this in good time. 
  7. Luminary Words reserves the right to submit offers and quotations without to refuse or revoke the statement of reason. 

 

Assignments  

  1. Assignments shall be given by the client in writing, by e-mail or orally to Luminary Words. 
  2. Luminary Words will use its best efforts to complete the assignment to the satisfaction of the customer, within the agreed timescales and in accordance with the agreed specifications. 
  3. The customer is responsible for the timely delivery of all necessary materials and information necessary for the performance of the assignment. Delays such as the failure to provide these materials and information in a timely manner may lead to the adjustment of delivery times and any additional costs that may be borne by the customer will be charged. 
  4. Any changes or additions to the original assignment must be agreed in writing between Luminary Words and the client. Additional fees may apply. 
  5. Luminary Words reserves the right to refuse any assignments that violate the law, infringe the rights of third parties or which, in the opinion of the Luminary Words, are unethical or immoral. 
  6. The customer indemnifies Luminary Words against any and all liability arising out of the  use of materials and information provided by the customer for the performance of the commission. 
  7. Payment for the executed assignment shall be made in accordance with the agreed payment terms, as described in the “Pricing and Payment” section of this General Conditions. 

 

Pricing and Payment 

  1. All prices quoted by Luminary Words are exclusive of VAT, unless otherwise stated. 
  2. The customer agrees to make full payment prior to the delivery of the services, unless otherwise agreed in writing. 
  3. If payment is not received in advance, Luminary Words reserves the right to not to start the execution of the order or the delivery of the services. 
  4. Payments must be made in the manner specified by Luminary Words, as stated on the invoice. 
  5. In the event of late payment, the customer shall be in default by operation of law, without any further notice of default is required. From the due date, the customer is interest due on the outstanding amount at the statutory interest rate. 
  6. Any costs incurred by Luminary Words to collect payment, whether judicial and extrajudicial costs will be borne by the customer. 
  7. In the event of a dispute with an invoice, the customer must do so within 14 days of invoice date to Luminary Words in writing. If the customer does not within this period, he shall be deemed to have accepted the invoice. 
  8. Luminary Words reserves the right to change prices and modify payment terms. Any changes will be communicated to the customer in a timely manner. 

 

Delivery 

  1. The provision of services by Luminary Words shall take place within the agreed time frame and according to the agreed specifications. 
  2. Luminary Words will endeavour to meet the agreed delivery times. However, delivery times are only indicative and do not constitute fatal periods, unless expressly agreed otherwise in writing. 
  3. If the provision of the services is delayed due to circumstances outside the scope of the control of Luminary Words, such as force majeure, technical failures, or other unforeseen circumstances, Luminary Words will inform the customer about this as soon as possible and endeavour to minimise the delay limit. 
  4. The customer is responsible for checking the services provided within an agreed period after receipt. Any defects or complaints must be reported within the agreed period after delivery to be notified in writing to Luminary Words, on pain of forfeiture of the right to complain. 
  5. The risk of loss or damage to the services provided shall be transferred to the customer at the time of delivery. 
  6. In the case of delivery of digital products, such as texts or designs, the delivery will be by e-mail or other electronic means of communication, unless otherwise agreed. 
  7. Luminary Words reserves the right to suspend the provision of services if the customer fails to comply with his payment obligations or otherwise fails to comply with its obligations under the Agreement. 

 

Retention 

 

  1. All services provided shall remain the property of Luminary Words until the customer has fulfilled all payment obligations under the Agreement, including any interest and fees. 
  2. Until the ownership of the services provided has passed to the customer, the customer is not entitled to sell, rent, pledge or otherwise transfer the services.
  3. The customer is obliged to carefully store and maintain the services provided. 
  4. If the customer fails to meet his payment obligations, Luminary Words reserves the right to terminate the services provided. suspend or restrict access to the online products until payment has been received. The customer agrees that Luminary Words may take these measures without prior notice. 
  5. In the event of attachment, bankruptcy, suspension of payments or other circumstances, which prevent the customer from freely controlling his assets, retention of title shall remain in full force and effect. 
  6. The customer is obliged to notify Luminary Words immediately in writing if third parties assert rights to the services provided that are covered by the retention of title. 

 

Intellectual Property Rights 

  1. All intellectual property rights relating to the data created by Luminary Words’s services provided, including but not limited to, copyrights, trademark rights and patent rights, remain the property of Luminary Words or its licensors. 
  2. By entering into an agreement with Luminary Words, the customer obtains a limited, non-exclusive license to use the services provided for the purpose for which they were provided, unless otherwise agreed in writing. 
  3. The customer is not permitted to use the copy all or part of the services provided by Luminary Words, modify, disseminate, publish or otherwise exploit, unless otherwise  agreed in writing. 
  4. The customer indemnifies Luminary Words against all claims by third parties with regard to infringement of intellectual property rights resulting from the use of the services provided by the customer. 
  5. If the client makes changes or additions to the services provided, any intellectual property rights to these changes or additions will be to Luminary Words, unless otherwise agreed in writing. 
  6. Luminary Words reserves the right to use the services provided for promotional purposes, unless the customer expressly objects to this in writing against. The use of the services provided for promotional purposes may include, but is not limited to, showing examples of the work of Luminary Words on the website, in portfolios, case studies, social media, and other marketing materials. This right shall remain in force even after the services are paid in full. By using Luminary Words’s services, the customer agrees that Luminary Words may use the work delivered for promotional purposes, unless otherwise agreed in writing.

 

Overhaul 

  1. The customer has the right to request revision, if the services provided do not meet the requirements of the agreed specifications or in the event of errors or defects.
  2. Revision requests must be notified to Luminary Words in writing, where it is clearly indicated which changes the customer wants. 
  3. Luminary Words will endeavor to meet the customer’s revision requests within a reasonable period of time, and in any event within 1 week of receipt of the revision request, unless otherwise agreed in writing. 
  4. If the customer’s revision requests are outside the original scope of the assignment, Luminary Words reserves the right to request additional charges. These costs will be charged prior to the implementation of the overhaul work is communicated to the customer. These costs should be to be paid by the customer in advance, unless otherwise agreed in writing.  
  5. Luminary Words shall not be liable for any delays in the revision if as a result of the customer’s failure to provide clear instructions in a timely manner or as a result of due to force majeure or other unforeseen circumstances. 

 

Complaints 

 

  1. Any complaints regarding the services provided should be made as soon as possible, but no later than 14 days after delivery, in writing to Luminary Words, specifying the nature and cause of the complaint. 
  2. Luminary Words will conduct an investigation as soon as possible after receipt of the complaint. and inform the customer accordingly. 
  3. If the complaint is found to be well-founded, Luminary Words will use the best of its ability to modify or repair the services provided within a reasonable period of time, and at no additional cost to the customer, unless the error is attributable to Luminary Words, in which case the costs of modifications or repairs shall be borne by the Luminary Words are. However, if the fault is attributable to the customer, Luminary Words reserves the right to incur any additional costs for modifications or charge the customer for remediation, as agreed between Luminary Words and the customer. Errors attributable to the customer include incorrect or incomplete information provided by the customer, negligence on the part of the providing feedback or instructions, or requesting changes that differ specifications originally agreed. 
  4. If the restoration of the services is not reasonably possible or if the customer is not satisfied with the restored result, can be determined in consultation with the customer agreed to terminate the agreement and/or to take an appropriate damages. 
  5. Complaints about invoices must be submitted in writing within 14 days of the invoice date Luminary Words, under penalty of forfeiture of the right to complain. 
  6. If the customer is not satisfied with the handling of his complaint by Luminary Words, the customer may apply to the competent court or an alternative dispute resolution procedure such as mediation.

 

Liability 

  1. Luminary Words does not accept any liability for direct, indirect, incidental, special, or consequential damages, including but not limited to lost profits, loss of data, or immaterial damage, arising out of or in connection with the use of the services provided. 
  2. Luminary Words shall not be liable for any damages caused by shortcomings or defects in the services provided, unless there is intent or gross negligence on the part of Luminary Words. 
  3. Luminary Words is not liable for any damage caused by third parties that are involved in the performance of the assignment, such as freelancers or subcontractors. 
  4. The customer indemnifies Luminary Words against all claims by third parties arising from, arising out of or in connection with the use of the services provided by the customer, including, but not limited to, claims for infringement of intellectual property rights. 
  5. In no event shall Luminary Words’ total liability to the customer, arising from for whatever reason, exceed the total fee paid by the customer for the relevant services to which the liability relates. 
  6. It is the customer’s responsibility to take appropriate measures to ensure that the prevention and mitigation of damage, such as backing up data and taking security measures. 
  7. The limitations of liability set out in these general conditions also apply to the benefit of all employees, freelancers and subcontractors of Luminary Words.

 

Changes to the Terms and Conditions 

  1. Luminary Words reserves the right to modify or supplement these general conditions.
  2. Changes or additions to these general conditions are only effective after they have been recorded in writing or have been confirmed electronically and communicated to the customer in the correct manner. 
  3. Luminary Words will inform the customer in a timely manner about changes to the general conditions. The customer is deemed to have accepted the amended terms and conditions if he has not objected within 14 days of receipt of the notice. 
  4. If the customer objects to the changes, Luminary Words reserves the right to the right to terminate the contract with the customer subject to the reasonable notice.

 

Applicable Law and Competent Court 

  1. All quotations, agreements and disputes between Luminary Words and the customer shall be subject exclusively to the law of the Netherlands, to the exclusion of the rules on private international law. Applicability of the United Nations on Contracts for the International Sale of Goods  (Vienna Sales Convention) is expressly excluded. 
  2. Disputes arising out of or in connection with offers, agreements or these general terms and conditions will be submitted to the competent court in the region where Luminary Words is established, unless mandatory rules require a other competent court. 
  3. If any provision of these general terms and conditions becomes null and void or invalid the remaining provisions shall remain in force. In that case, the parties will replace the void or invalid provision with a valid one provision which is as close as possible to the purpose and purpose of the original provision.

 

Protection 

 

  1. The client indemnifies Luminary Words and its employees, freelancers, and subcontractors fully of all claims by third parties arising out of or services provided to the customer, including but not limited to the not limited to claims for infringement of intellectual property rights, defamation, libel, or any other form of violation of the rights of third parties.
  2. The customer shall defend Luminary Words against all such claims, and shall reasonable costs, damages, attorneys’ fees and other costs arising out of or in connection with such claims. 
  3. Luminary Words will promptly notify the customer of any such and will provide reasonable cooperation in the defense of such claims. The client will enable Luminary Words to have the exclusive control, defense and settlement of the claim, except in the case of to the extent that the customer is legally obliged to acknowledge or terminate such claims. 
  4. If the customer fails to indemnify Luminary Words as described in this clause, Luminary Words reserves the right to suspend the defense of to assume such claims themselves, and to pay all costs and expenses incurred by damages arising out of or in connection with such claims against the customer. 

 

Suspension, Dissolution and Early Termination of the Agreement 

  1. Luminary Words reserves the right to suspend the execution of the agreement if the customer fails to comply with the payment of the payment obligations or otherwise fails to comply with its obligations under the Agreement. 
  2. If the customer does not provide his or her notice of default within 7 days of a written notice of default, obligations, Luminary Words is entitled to cancel the agreement in full or partial dissolution, without the need for a further notice of default or judicial intervention is required.
  3. Luminary Words reserves the right to terminate the agreement with immediate effect to dissolve the effect in whole or in part, without prior notice of default or judicial intervention, if the customer is declared bankrupt, application for a moratorium, or otherwise assumes its obligations under the failure to comply with the agreement 
  4. The customer has the right to terminate the agreement prematurely, provided that he has completed all obligations under the Agreement and given a notice period of 14 days. 
  5. In the event of dissolution or early termination of the agreement, the payment obligations of the customer for the services already provided, without prejudice to validity. Any work already carried out by Luminary Words will be invoiced to the customer on a pro-rata basis. 

 

Questions 

If you have any questions about this privacy statement, please send an email to: info@luminarywords.com 

Last modified on December 8, 2024.