Pogoji uporabe

Terms of Use ("Terms")

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the http://luxim.si website (the "Service") operated by ​ LUXIM d.o.o. ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

General provisions

 1. Definition of Terms

    1.1

LUXIM Ltd. services shall include all services, which are marketed under this or other service trademark and are listed on the web sites luxim.si, pmisuite.com, and project-management.center. Listed services also cover the execution of workshops and lectures, which may be carried out either independently or as part of another service (hereinafter referred to as: the "services").

    1.2

Services are provided by LUXIM Ltd, Mednarodni prehod 6, 5290 Šempeter pri Gorici, Slovenija, VAT ID SI77243633.

    1.3

Subscriber to services of the Provider is any legal or natural person who has entered into an agreement with the service provider on service use through any of the forementioned websites or in some other manner (hereinafter referred to as: the "subscriber").

    1.4 

User of the Provider is any legal or natural person who uses Provider's services (hereinafter referred to as: the "user").

    1.5 

Customer of the Provider is any subscriber or user of Provider's services (hereinafter the "customer").

2. Validity and application of general terms and conditions

The general provisions of these General Terms (Section I) shall apply to all services. In addition to the general provisions, also special provisions of these General Terms (Section II) may also apply to a particular service.

    2.1

These General Terms shall also apply to users who use the services based on an agreement or/and other relationship with a third party who is not the service provider and has entered into an agreement with the service provider, based on which the service provider enables such third party to grant the right of service use to its own users. By accepting these General Terms or/and with the use of services, such users shall not be subject to any contractual relationship established between the service provider and the user. In the event of disparity between the provisions of these General Terms and the agreement between the third party and their users, the provisions of the General Terms shall apply.

    2.2

By using the service provider's services, the customer acknowledges that it is familiar with the entire content of the General Terms and accepts them in their entirety.

    2.3

The General Terms together with the performed subscription to services through the websites luxim.si, pmisuite.com, and project-management.center shall be deemed as an agreement concluded between the service provider and the subscriber. Should the service provider and subscriber enter into a written agreement, the General Terms shall be supplement the contractual provisions. If disparity occurs, the individual provisions of the agreement shall prevail over the General Terms.

    2.4

The service provider shall reserve the right to modify the provisions of the General Terms at any time and without prior notice to customers. The date of amendment corresponds to the date of publication on the website luxim.si, pmisuite.com, and project-management.center.

    2.5

Customers are obligated to review changes to these Terms and Conditions weekly. General Terms and Conditions become valid 15 days after publication.

    2.6

If prices modifications are among amendments of the Terms, changes become valid immediately after publication.

3. Prices and commercial terms and conditions

    3.1

The prices for each individual agreement are defined in quotations issued to the customer. Customers shall undertake to settle the payment for services to the service provider within the due date on the invoice and the payment terms defined by the quotation. If a customer is in arrears by more than 20 days with the payment of any invoice, the service provider shall be entitled to immediately cease the supply of all services. The service provider shall not be liable for damage incurred by the customers due to the cessation of the supply of services.

    3.2

The customer incurs the same repercussions if on expiration of the period for which the agreement was concluded or service subscribed, they fail to accept the service provider's first new offer and to pay the sum accordingly. The service provider shall stop the supply of services to a customer at the expiration of the period for which the agreement was concluded.

    3.3

Should the service provider fail to send the offer to the subscriber, it shall be deemed that they do not wish to conclude an agreement and in this case no obligations incur related thereto.

    3.4

In the event of overpayment, incorrect payment or double payment made by the customer, in the event of issuing partial or full credit by the service provider etc., when the service provider is obliged to remit cash back to the customer or issue additional documents, the customer is familiarized and agrees that the service provider is entitled to charge the customer for any administrative costs related thereto.

    3.5

Should a customer wish or demand the issuance of an invoice/invoices in paper form, the service provider shall be entitled to charge the customer for administrative costs for invoice issuance.

The customer shall agree that all the communication between the Provider, Customer and representatives of the Customer can be conducted via e-mail. This includes (but is not limited to) invoices in electronic form, proposals, notifications about expiration of services etc..

4. Conclusion, duration and termination of the subscription agreement, and payment methods

    4.1

When subscribing to services, the service provider shall send an offer to the subscriber's email specified by the latter on subscription. An agreement shall be deemed concluded or the service provider's offer accepted on the date the subscriber remits, i.e. the entire amount from the offer, to the transaction account of the service provider. The agreement is concluded or offer accepted under the resolutory condition, i.e. depending on the fact whether the service provider cancels or notifies the subscriber within the next three(3) business days that it does not wish to enter into the agreement; the parties agree the notice of cancellation or statement may be sent via e-mail. The offer shall constitute an integral part of the agreement between the service provider and subscriber.

    4.2

Images included in the offer and in other material of the service provider, including the website, shall be symbolic and customers may not refer to such images under no circumstances or lodge claims against the service provider in connection thereto.

    4.3

The parties to this agreement may withdraw from this agreement at any time without a notice period by forwarding a written notice to the other party, if the counterpart, even after receiving prior warning, continues to violate the provisions of this agreement or causes damage to the other party.

    4.4

Should the service provider, in the event referred to in the preceding paragraph, withdraw from the agreement, they shall not be obliged to enable the customer to use the service which could have been paid or leased in advance. In addition, the service provider also does not owe any refund or compensation to customers for the unused part of the service.

    4.5

Parties may terminate the agreement at any time. Should the agreement be terminated by the service provider, a 30-day notice period shall apply. After the notice period has expired, the service provider shall not be obliged to provide services and shall not be liable for damages incurred by customers due to the cessation of service provision.

    4.6

If not determined otherwise in the offer or written agreement concluded between the customer and the service provider, the agreement between the service provider and the customer shall be concluded for an indefinite period, however the service provider explicitly reserves the right to change prices and other conditions for the use of services during the duration of the agreement by sending the customer a new offer.

    4.7 

The service provider may terminate the agreement at any time by providing 30-days notice. In addition, the agreement shall be deemed terminated by the service provider, should the customer fail to accept the first forwarded offer sent by the service provider pursuant to the first paragraph of this Article. It this case the, agreement's validity ceases on the expiration of the 30-day period since the service provider sent the offer to the customer.

    4.8 

Should the customer terminate the agreement and the service provider receives the termination notice at least 15 days prior to the expiration of the current accounting period, the agreement shall cease once the final day of the accounting period has elapsed. Should the customer terminate the agreement and the service provider receives the termination notice at least 15 days prior to the expiration of the current accounting period, the agreement shall cease once the final day of the accounting period has elapsed. Termination may only be rendered in writing accompanied with the company's stamp and signatures of the persons responsible.

    4.9 

When the agreement is explicitly concluded for a definite period, the service provider shall send the customer a new offer prior to the expiration of the period for which the agreement has been concluded or the services subscribed. Should the customer fail to accept the first offer and pay the amount under the offer within the period stated in the offer, the agreement shall cease once the final day of the period for which the agreement was concluded, has elapsed. Should the customer accept the offer, the validity of the agreement shall extend further, though they must adhere to the terms and conditions stated in the offer, which as a result becomes an integral part of the agreement thereafter.

    4.10 

If the service provider approves payment by instalments to the customer, and the customer has already started using the service, the service provider shall issue a prepayment invoice to the customer for every received payment, and an invoice after the payment or maturity of the final instalment.

    4.11 

Should the customer fail to pay the individual instalment in the case referred to in previous Article, the service provider may limit, cancel or in some other manner disable the service which has already been received by the customer, or prohibit the customer's participation in subsequent parts (modules) of the workshop. The aforementioned shall also apply if the customer otherwise fulfils the other liabilities towards the service provider according to other agreements, contracts or subscription.

    4.12 

When the customer, as a payment method for the provider's service, selects payment by credit card, the service provider shall not charge the card until the customer receives the paid service or until they start to implement it.

    4.13 

If the customer pursuant to this agreement or the General Terms withdraws from the agreement concluded with the service provider, and the card already charged the service amount, the service provider shall return the funds back to the credit card or refund the customer in some other agreed manner.

    4.14 

The service provider shall not collect numbers or other data related to credit cards and are submitted by the users through any of the service provider's websites. This data is collected exclusively by the credit card payment providers.

    4.15 

When making payments through credit cards on any of the service provider's website, the customer shall ensure reasonable measures to protect the security elements of credit cards that enable the identification of customers and are linked to customers.

    4.16 

The customer shall immediately notify the service provider and their payment service provider in the event of or suspicion of credit card abuse related to payments made on one of the websites of the service provider.

    4.17 

If credit card abuse occurs, the customer may contact their payment services' provider and file any claims related thereto pursuant to the provisions of the Payment Services and Systems Act. The service provider shall not be held liable for any damage incurred by the customer resulting from credit card abuse.

5. Violations of Terms and Conditions

    5.1

Customer shall pay damages for each separate violation of Terms and Condtions that results in direct or indirect damages (extra workload on employees) in a sum of 300 € per separate violation. If damages exceed flat rate amount, the service provider is entitled to additional compensation.

6. Deadlines for service performance

    6.1

When a service constitutes the agreement subject which must be performed or provided in line with customer instructions (e.g. building websites), the service provider shall perform the service by the deadlines listed in the offer, pricelist or correspondence between the service provider and customer. If different deadlines for individual sets or items of services have been listed in the offer or elsewhere, it shall be deemed that the service provider is not in delay if they exceed the deadline for a particular set or item, whilst completing the entire service within the deadline determined therefor.

    6.2

The deadlines for service performance may be extended at the request of the customer provided the service provider agrees thereto.

    6.3

If a force majeure event occurs, the deadlines for service performance shall be extended for the duration of such event provided the service provider notifies the customer of its occurrence as soon as possible. Events related to the service provider, shall be deemed force majeure events.

    6.4

If the participation of the customer is vital or useful to the start, continuation or completion of services by the service provider (e.g. selection among multiple options, confirmation of proposed solutions, delivery of content and material, submission of key information for the performance, confirmation of service transfer) and the customer misses the agreed deadline or fails to respond immediately when called by the service provider, the service provider shall be entitled to extend all scheduled performance deadlines by 3-times. Whenever possible in such case, the service provider may at their own discretion independently make the appropriate selection and decision instead of the customer. In this case, the customer may not hold the service provider liable for the selection or decision.

    6.5

If the extension of the performance deadline referred to in the preceding paragraph of this Article takes place and the customer fails to fulfil their participation duty, the service provider may at their own discretion further adhere to the agreement of withdraw from it.

7. Copyrights

    7.1

Whenever the service provider includes their existing copyright work (e.g. program code, photo, image, film, text, logo) in the service provided to the customer or whenever such copyright work is prepared in line with the customer's instructions and wishes, only the material copyrights to such copyright work which are indispensable and at the extent and duration that is indispensable for the use of the service by the customer in line with its economic purpose, shall be transferred to the customer.

    7.2 

Notwithstanding the first paragraph of this Article, the customer may not, under any condition, acquire any rights to computer software (applications, modules, etc.) developed by the service provider or with regard to which the service provider is the holder of material copyrights. The provision of this paragraph shall also apply in cases where such application is designed or altered at the request of the customer. Regarding the computer software in this paragraph, the customer merely gains a time-limited right to use such computer software in line with its economic purpose or according to these General Terms or offer. The right of use from this paragraph may last at maximum for the validity of this agreement concluded between the service provider and customer. The usage period of the service provider's services for licences applying to multiple computers starts running with its installation on the first computer. The service provider shall be entitled to label their copyright or holding of material copyrights at any time in the manner selected by themselves, which may include their logo and link to their website. The aforementioned right of the service provider shall not be restricted by the fact that the customer pays for the provider's services. The service provider may at any time alter the labelling method as regards copyright or holding of material copyrights. The service provider shall not exercise their right in a manner which would disproportionately infringe on the rights and interests of the customer.

    7.3 

All other material copyrights, moral copyrights and other copyrights which pursuant to the first paragraph of this Article are not transferred to the customer, are retained by the service provider.

    7.4 

Without the explicit written consent of the service provider, the customer shall be prohibited to interfere with the copyright work referred to in the first paragraph of this Article, process or modify it and to transfer the rights to this work to third parties.

    7.5 

Without the explicit written consent of the service provider, the customer shall not be entitled to access the source code of the software, which is part of the service constituting the subject of the agreement between the service provider and customer or which supports or facilitates its operation. In addition, the subscriber shall not be entitled to modify the source code.

    7.6 

If the service provided by the service provider contains copyright work provided by the customer, the customer shall guarantee that they hold appropriate material copyrights to this work and shall be held liable for damage which could be incurred by the service provider due to claims filed by their parties related to such copyright work.

    7.7 

It is prohibited to store unauthorized copyright protected documents (files) and program code.

8. Transferring services to other service providers

    8.1

Should services which include the hosting or storage of data on or supported by the service provider's hardware constitute the subject of the agreement between the service provider and customer, and the customer decides to transfer such services, the service provider shall execute such transfer only if the following conditions are met at the same time:

  • the customer has settled all matured liabilities towards the service provider;

  • the hardware and system software of the third party satisfies the technical requirements for transfer; if doubt arises the service provider may demand a written declaration from the customer or third party;

  • the customer settles the anticipated transfer costs in advance according to the pricelist after the service provider has issued the invoice beforehand

    8.2

Notwithstanding the first paragraph of this Article, the transfer of websites and related services and content to another service provider shall not be possible, save for cases where websites, related services or content with regard to which the service provider provides only hosting on the server, and not also the use of their system for content management (CMS), are involved.

9. Competition and data protection

    9.1

The service provider and customer shall undertake to protect all data on the other party to which they will gain access during their business partnership as a business secret, i.e. for the entire duration of the partnership and at least for a further 3 (three) years after the cessation of the contractual relationship.

    9.2

Notwithstanding the provision of the previous Article, the parties may publish and list this partnership with the counterparty and the subject of the partnership (solution) in their references. In addition, they also may publish the web links to the solution they implemented or/and provided for the subscriber on their respective website and in publications.

    9.3

Information considered a business secret according to the first paragraph of this Article, may not be used by the parties themselves or together with others for purposes outside this agreement. In addition this information may not be forwarded or disclosed to third parties.

    9.4

Information and data which were public knowledge and legally accessible (published) in an ordinary manner (e.g. on websites, in public registers, in the media) at the time of concluding this agreement shall not be considered a business secret.

    9.5

The parties shall protect the personal data of employees and contract workers of the counterparty, to which they will gain access during the implementation of this agreement or in relation thereto, in compliance with the Personal Data Protection Act.

10. Customer service

    10.1

Technical support shall be available to customers via telephone and emails published on providers’ websites along with working hours.

    10.2 

The service provider shall consider only requests for assistance sent via one of the Provider's website or sent to one of the emails provided on the Provider's website, from the contact email address of the subscriber listed when subscribing to a service (hereinafter referred to as: subscriber's email).

    10.3

The provision of support may depend on or may be restricted to a certain type of subscription relationship or with the service provider's pricelist.

    10.4

With the completion of the subscription to a service, the subscriber permits the service provider to send back information, notices and questionnaires which are directly or indirectly linked to the Provider's services to the email address of the subscriber for the entire duration of the contractual relationship.

11. Rights and liabilities of the service provider

    11.1

Services shall depend on the general operation of the Internet network. The service provider shall do anything in their power for uninterrupted and continuous operation with regard to the providers’ servers and their connection to the Internet.

    11.2

The service provider undertakes to make sure that the time frame for performing technical maintenance work on servers is scheduled between 22:00 and 06:00 hours. In the event of scheduled interruption lasting longer than 2 hours, the subscriber shall be notified via email or on the websites of the service provider at least 2 days prior to the activity.

    11.3

Provider can use positive statements about the provider or provider’s services made by customers in an email or telephone conversation for marketing purposes. Provider shall anonymize any such data as to prevent identification of the customer.

    11.4

Provider can use data from server logs and other data sources for analytics and segmentation of customers.

12. Exclusion and limitation of the service provider's liability and the liability of the user

    12.1

The service provider shall not be held liable for the damage which could be incurred by the customer when using the provider's services or in relation thereto, if the damage resulted from:

  • the conduct of the customer or person for which the customer is liable or operates in the customer's interest;

  • the conduct of third parties;

  • force majeure; lengthy interruption of supply or disruptions to the supply of electricity, unexpected hardware or software fault, internet network failure or trouble accessing the network, technical difficulties of the provider of server collocations or other suppliers of products and services, which are needed or used by the service provider shall be also deemed force majeure; the aforementioned events shall be deemed force majeure even if they originate at the service provider.

    12.2

Legal notices representing part of the website prepared by the service provider for the customer, shall serve only as an example or/and assistance in formulating legal notice texts. The service provider calls on customers to modify the text accordingly so that it corresponds to their individual needs and purpose of the website. The service provider assumes no guarantee for the correctness of this text; the service provider's liability for any damage related thereto shall be excluded.

    12.3

In any case, the liability of the service provider shall be limited to the amount paid by the customer or which the latter should have paid the service provider in the final year prior to the occurrence of the loss event.

    12.4

The service provider shall not be held liable for the subscriber's files, which are stored on the service provider's servers.

    12.5

The service provider shall not be liable for the damage which could occur to the customer or person associated therewith due to infection with viruses or other malware or hacking into computer or information systems.

    12.6

The subscriber shall be independently liable for the creation of backup copies of data on the server.

    12.7

A customer who causes damage to the service provider or third parties when using services, shall be liable for compensation according to the general rules on liability for damages (tort liability). The forwarding of data required for claiming compensation, to the injured party or person authorised thereby, to the court or other competent authority shall not be deemed as breaching the user's business secrets.

    12.8

Customer will use the latest versions of web browsers (Chromium, Mozilla Firefox, Google Chrome, Apple Safari, Opera) to access providers’ websites and applications. Provider can’t be held liable for any misrepresentation, invalid or poor performance if a customer uses an older version of web browsers.

13. Rights and liabilities of the subscriber

    13.1

The customer as a natural person who obtains or uses the service provider's services for purposes outside its professional or gainful activity (consumer), may withdraw from the agreement within 14 days after concluding the agreement.

    13.2

The customer as a consumer shall not be entitled to withdraw from the agreement, if the services of the provider are involved which were performed or designed according to precise instructions from the customer - consumer or/and were tailored to their personal needs or/and due to their nature cannot be appropriately returned or/and their service life has expired, or when agreements on the supply of audio or video recordings or computer software are involved and the consumer has opened the security seal or/and has activated the software, or in other cases arising from these General Terms or special agreements.

    13.3

The customer - consumer shall inform the service provider via telephone or e-mail of their withdrawal from the agreement or de-registration. The service provider shall initiate the procedure for cessation of the service, and if the deletion or cessation is successful, they shall return the paid-in funds for the registration of the subscribed service to the personal bank account of the customer within 30 days.

    13.4

Customers who are not consumers shall not be entitled to the reimbursement of the purchase price upon cancelling the subscribed services or agreement under no circumstances or at any time after the service provider already received payment.

    13.5

Should changes to data occur, which the subscriber stated on subscription to services, they shall notify the service provider thereof in writing within 14 days of the change. The subscriber is also responsible for updating this data in all user accounts, profiles and applications provided by the service provider. The subscriber shall bear all the negative consequences of omitting to notify the data change, also if the deadline from the previous sentence has not yet elapsed.

    13.6

The subscriber shall be liable for the confidentiality, protection and use of access passwords and usernames for accessing services for their self in their users. The subscriber shall be liable for the content of the services which they provide, the protection of confidential data and for the adherence to general moral and ethical standards. They shall abide by the existing legislation as regards publication and provision of information, servicing (maintenance) and services, also held liable for all repercussions due to authorized and unauthorized use of subscribed services for their self and their users.

14. Unsolicited Mass (Bulk) Email - SPAM

    14.1

The sending of unsolicited mass email to the email addresses of addressees who did not authorize such forwarding or forwarding contrary to the applicable legislation shall be explicitly prohibited and regarded as a serious breach of General Terms which may result in immediate termination of the agreement without notice and immediate cessation of service provision.

    14.2

If the preceding paragraph is breached, the subscriber, who is liable also for their users, shall be obliged to pay the contractual penalty in the amount of EUR 200,00 regardless of the existence of amount of damage. If the incurred damage exceeds the amount of the contractual penalty, the subscriber shall also pay the difference to the full compensation amount in addition to the contractual penalty.

    14.3

The forwarding of messages to multiple addressees at the same time shall only be permitted at where the addressees request such forwarding, where the sender know the addressee personally and believes the sent message will not bother the recipient, and in cases where the addressee demonstrates their agreement by subscribing to the mailing list.

    14.4

The user is familiar with the fact that in the event of using services contrary to the applicable legislation, the service provider shall fully cooperate with the competent national authorities.

    14.5

In any case, the following restrictions shall apply for the forwarding of e-mail messages:

  • the maximum number of addressees which are sent e-mail messages simultaneously by using the service is one hundred (30);

  • should the number of addressees which are sent e-mail messages at the same time by using the service rise above one hundred (30), time lags must be applied, with at least two (2) seconds elapsing between the e-mail sent to one addressee and the e-mail sent to the next addressee; nevertheless, the restrictions stated in the following paragraph of this Article apply.

15. User notification and purpose of data processing

    15.1

Customer is informed that in accordance with paragraph 2 of Article 158 of Electronic Communications Act (ZEKom-1) Provider will from time to time send them e-news and other e-mail messages relating to the performance of their services, information about services, changes od amendments to these terms and conditions, articles, promotions and other messages relating to the services. Customer agrees that these messages can include commercial content (promotions) of Provider or third parties.

    15.2

Customer is informed and agrees that Provider may collect information which e-mail messages the client has read and which weblinks in those messages the client has clicked. Client agrees that Provider may use this information to adjust the content of future e-mail messages and modify the services it offers.

16. Final provisions

The service provider and the customer undertake to act with due diligence. Their statements shall be interpreted in good faith. The service provider and the customer shall settle their disputes amicably by mutual agreement. Otherwise, the disputes shall be settled by the court holding subject-matter jurisdiction over the applicable registered office of the service provider.

    16.1

The relationship between the service provider and the customer shall be governed by Slovenian law without application of the rules on private international law and procedures.

    16.2

The service provider shall not keep the text of the agreement. The agreement may be concluded in the Slovene and English language.

Section II: Special provisions for individual services

At the moment special provisions are defined in individual terms with the quotations and business requirement documents.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Links To Other Web Sites

Our Service may contain links to third­party web sites or services that are not owned or controlled by ​us. We has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that ​we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third­party web sites or services that you visit.

Governing Law

These Terms shall be governed and construed in accordance with the laws of ​ Slovenija, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least ​30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Kontakt

If you have any questions about these Terms, please contact us.

Mednarodni prehod 6
Šempeter pri Gorici
5290 Slovenija