Terms of Service
Terms and conditions that govern the use of our services.
Service Overview
These Terms of Service govern your use of Winova's web development, content creation, and photography services. By using our services, you agree to these terms and our privacy practices.
Company Information
Winova S.à r.l.-S provides the following services to businesses and individuals:
Core Services
- Web Development: Custom website design, development, and maintenance
- Content Creation: Video production, multimedia content, and marketing materials
- Photography: Professional photography for brands, products, and real estate
Additional Services
- Consulting: Digital strategy and brand development
- Support: Technical support and maintenance
Acceptance of Terms
By accessing and using our website and services, you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to abide by the above, please do not use this service.
Agreement Scope
These terms apply to all visitors, users, and others who access or use the service.
User Responsibilities
Users agree to:
Information Requirements
- Provide accurate, current, and complete information
- Maintain and promptly update account information
Usage Guidelines
- Use services only for lawful purposes
- Respect intellectual property rights
Service Orders and Contracts
Project Initiation
All services are provided based on individual project requirements:
- Projects begin with detailed consultation and requirements analysis
- Formal proposal and contract provided for each project
- Project scope, timeline, and pricing defined in individual contracts
Payment Terms
Standard Schedule
- 50% payment upfront
- 50% upon completion
- Payment terms specified in contracts
Additional Terms
- Late payments may incur interest
- All prices exclusive of VAT
- Refunds subject to project status
Intellectual Property Rights
Our Intellectual Property
All content, trademarks, logos, designs, code, and materials on our website and provided through our services are the property of Winova S.à r.l.-S and are protected by copyright and other intellectual property laws.
Client Rights and Content
Client Ownership
- Clients retain ownership of provided content
- License granted for project delivery
- Rights to custom work product upon payment
Our Retained Rights
- General methodologies and frameworks
- Portfolio showcase (with client consent)
- Source code for maintenance
Warranty and Disclaimer
Service Warranty
We warrant that our services will be provided in a professional manner consistent with industry standards.
Website Functionality
For web development projects, we warrant websites will function substantially as specified for 90 days after delivery.
Disclaimer
EXCEPT AS EXPRESSLY STATED, OUR SERVICES AND WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Limitation of Liability
General Limitation
IN NO EVENT SHALL WINOVA S.À R.L.-S BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, OR GOODWILL.
Liability Cap
OUR TOTAL LIABILITY FOR ANY CLAIMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT FOR THE SPECIFIC PROJECT GIVING RISE TO THE CLAIM.
Exceptions
- Gross negligence or willful misconduct
- Breach of confidentiality obligations
- Intellectual property infringement
- Death or personal injury caused by negligence
Termination
Client Termination
- Written notice required
- Payment for work completed to date
- No refund of payments made
Winova Termination
- Non-payment of fees
- Violation of terms
- 30 days notice for other reasons
Dispute Resolution
Luxembourg Law and Jurisdiction
These Terms of Service are governed by and construed in accordance with Luxembourg law.
Any disputes shall be subject to the exclusive jurisdiction of the courts of Luxembourg.
Alternative Dispute Resolution
Before pursuing litigation, parties agree to attempt resolution through:
- Direct negotiation between parties
- Mediation through mutually agreed mediator
- Arbitration under Luxembourg rules (if mutually agreed)
Data Protection and Privacy
Our data collection and processing practices are governed by our Privacy Policy, which forms an integral part of these Terms of Service. We comply with applicable data protection laws, including the General Data Protection Regulation (GDPR) and Luxembourg data protection legislation.
Contact Information
If you have any questions about these Terms of Service, please contact us:
Address
69, route des Trois Cantons
L-4970 Bettange-sur-Mess
Luxembourg