Lantrics Terms and Conditions

Terms and Conditions

These Terms govern your use of this Website and any related agreements with the Owner. By accessing or using the Website, you confirm that you have read, understood, and agreed to these Terms.

1. Key Definitions:

• Affiliates – employees, representatives, contractors, or agents of the parties.

• Agreement – the contract between the parties based on the booking confirmation, these terms, and any annexes.

• Fees – the amount the client pays for the services.

• Client Materials – any data, documents, images, logos, rights, or other information provided by the client.

• Deliverables – all materials developed by the provider in the course of delivering the services.

• Intellectual Property – any copyrights, trademarks, patents, trade secrets, or other rights (registered or not).

• Moral Rights – personal non-economic rights of authors over their creative work.

• Service Start Date – the date when work on the project begins.

2. Term of Agreement:

• Comes into force upon signature by both parties.

• Automatically renews for retainers unless termination notice is given.

• For projects, ends upon completion or termination notice.

3. General Provisions

These Terms apply to all users, whether individuals or business users (unless stated otherwise).
We recommend checking these Terms regularly for any updates.

4. Use of the Website

By accessing or using the Website, you agree to comply with these Terms and all applicable laws.
Additional terms may apply to specific sections or services, as indicated where relevant.
Use of the Website is only permitted with full acceptance of these Terms.

5. Website Content

All content on this Website is owned or legally licensed by the Owner.
Users may not copy, distribute, modify, or use any materials without permission, except for personal and non-commercial purposes.
Legal exceptions under applicable copyright law remain unaffected.

6. External Resources

The Website may contain links to third-party resources. The Owner has no control over and accepts no responsibility for such content.
Use of external sites is governed by the terms set by those third parties.

7. Acceptable Use

Users must use the Website lawfully and not infringe upon the rights of others.
Prohibited actions include sending spam, uploading malicious software, illegal activity, or abusive conduct.
The Owner reserves the right to restrict or terminate access in case of violations. 

8. User Responsibility

Users are responsible for ensuring the accuracy and completeness of all information they provide.
They must protect their login credentials and immediately report any unauthorized access.

9. Limitation of Liability and Indemnity

To the maximum extent allowed by law, the Owner is not liable for any damages resulting from use or inability to use the Website or its content.
This includes indirect, incidental, or consequential damages.
Users agree to indemnify and hold the Owner harmless from any claims arising from their use of the Website, violations of these Terms, or infringement of third-party rights.

10. Provider's Obligations:

• Starts work on time as per the agreement.

• Provides services professionally and in line with legal standards.

• Seeks written approval for key decisions, third-party costs, and drafts.

• Implements changes only upon agreement.

• Notifies of delays and provides reasons.

11. Client’s Obligations:

• Cooperates and provides necessary materials and information.

• Grants access to required resources.

• Ensures rights to provided materials.

• The provider is not liable for delays caused by the client.

12. Intellectual Property:

• The client retains ownership of their materials.

• The provider transfers IP rights to deliverables after full payment.

• The provider retains rights to its own tools, methods, and code (IPR).

• The client receives a license to use included IPR in deliverables.

• The provider may showcase final work and client name (with approval).

13. Additional Terms:

• Email correspondence counts as written communication.

• Delivery dates are indicative.

• Conflicting terms are resolved in favor of higher-priority documents.

• Both parties must comply with data protection regulations.

14. Payment and Fees 

14.1 The client pays for services, approved third-party costs, and agreed fees. 

14.2 Fees exclude VAT (if applicable), which is added to invoices. 

14.3 Invoices are issued per the schedule in the booking confirmation. 

14.4 Provider invoices third-party costs (e.g., media, design, legal) only after written client approval. 

14.5 Payment is due within 30 days of invoice receipt. 

14.6 Late payment: 

• Services may be suspended after 7 days’ written notice.

14.7 Payments must be made in full without deductions unless legally required. 

14.8 If the provider incurs costs due to client delay, the client reimburses them. 

14.9 If the provider is fined for late material submission due to the client, the client covers the penalty.

15. Payments, Refunds, and Cancellations

15.1 Payments: Lantrics accepts payments via secure channels (e.g., links, invoices). Payment authorizes full amount collection. Charges are processed after confirmation.

15.2 Refunds: Payments are non-refundable unless stated otherwise. For cancelled projects, partial refunds may be granted based on work completed. Deposits are non-refundable. Approved deliverables are not eligible for refund.

15.3 Cancellations:

• Upon client cancellation, all completed work is invoiced.

• External costs (e.g., hosting, licensing) are billed separately.

• Cancellation fees by project stage:

  • Pre-start: No fee.

  • Planning/design: 25% of total.

  • Development: Up to 75%, based on progress.

• Lantrics may cancel projects due to client breach, non-payment, or communication breakdown. In such cases, final billing applies, and IP remains with Lantrics until full payment.

15.4 Notice Format: Cancellations must be sent in writing to hello@lantrics.com and take effect once confirmed by Lantrics.

16. Liability 

16.1 Lantrics may engage third-party vendors. The client agrees to their terms if disclosed. 

16.2 If the client breaches any third-party contract (e.g., delayed payment), they are liable for all related consequences and penalties. 

16.3 Maximum liability:

• Per project: limited to fees paid for the specific scope.

• For retainers: limited to the past 12 months of payments.

16.4 Lantrics does not exclude liability for death, injury, or fraud caused by its negligence. 

16.5 Otherwise, Lantrics is not liable for:

• Lost profits

• Reputational damage

• Data loss

• Missed savings

• Any indirect or consequential loss, even if foreseeable

17. Termination 

17.1 Either party may terminate with immediate effect by written notice if:

• There’s a serious unremedied breach (or not fixed within 30 days);

• The other party becomes insolvent or ceases operations;

• The party’s financial situation compromises the contract.

17.2 The provider may terminate if the client fails to pay on time. 

17.3 Upon termination:

• The client pays all outstanding invoices;

• Any clauses intended to survive termination remain in effect;

• Rights and liabilities up to the termination date remain enforceable.

18. General Terms 

18.1 Force Majeure – no party is liable for delays caused by factors beyond their control. 

18.2 Assignment:

• The client may not assign the contract without the provider’s written consent;

• The provider may assign rights freely.

18.3 Confidentiality:

• Both parties must keep confidential information private during the contract and 5 years after, unless legally required or shared internally to fulfil obligations.

18.4 Entire Agreement: replaces all previous agreements. Verbal promises not included in writing are not binding. 

18.5 Amendments must be in writing and signed by both parties. 

18.6 Waiver: rights are not waived unless stated in writing. 

18.7 Severability: if any term is invalid, the rest remains effective. 

18.8 Third Parties: no rights for third parties under this agreement. 

18.9 Governing Law: Czech Republic law applies. 

18.10 Jurisdiction: Courts of the Czech Republic have exclusive jurisdiction.

 

Annex 1 – Data Protection

Definitions: Terms align with GDPR and Czech law.

1. Principles:

• Both parties comply with GDPR.

• The client is the Controller; the provider is the Processor.

• The client ensures necessary consents are obtained.

• The provider processes data per client instruction, protects it, and does not transfer outside the EEA without approval.

2. Provider Obligations:

• Maintains security measures;

• Notifies the client of breaches;

• Deletes data after contract ends (unless required to retain);

• May use subprocessors but must notify the client and remain responsible.

3. Updates: Either party may propose updates to the data protection terms in line with legal changes.

Annex – Data Processing Details:

• Data types: names, emails, phone numbers.

• Subjects: clients and their staff.

• Purpose: service delivery under the agreement.

• Retention: for the duration of the agreement.