1. General terms
Fees for services and a list of services can be found >>here<<, as well as the Customer receives an invoice from IXI.LV by e-mail. The invoice is valid for 30 days. IXI.LV reserves the right to change the price or reject the provision of the respective services after the expiry of the 30-day term.
In case the Customer does not fulfill its part of the contract (not to pay for the service), then the Customer agrees to reimburse IXI.LV for all expenses that were necessary for the completion of the work in full by paying in installments or barters (a separate agreement will be drawn up). Expenses may include domain name, purchase of special fonts and photos, video filming, video editing, programming services, design drawing, copywriting, SEO services, etc. – all services that are indicated upon the receipt of the monthly invoice.
Prices are without VAT.
2. Invoice and payment
IXI.LV issues an invoice in accordance with the above schedule (every 30 days). Invoices are drawn up electronically are valid without a signature and are sent to the Customer by e-mail, however, if the invoice is required in printed form, it must be requested by writing to e-mail [email protected] Payment must be made within 15 working days from the day of receipt of the invoice, if it is not possible to pay, then you must inform in writing by sending an e-mail to [email protected], and we will find a solution.
Payment for services must be made in cash or by bank transfer. Bank details will be indicated on the invoice.
If the Customer does not make payments to IXI.LV does not inform, does not respond, and does not make any information within the above-mentioned terms (15 working days after receipt of the invoice), then the interests of IXI.LV is violated, which in turn triggers legal remedies in accordance with these Terms. and/or in connection therewith, the Customer shall pay interest on the overdue amount at the rate of 21% per annum + the European Central Bank base rate. Such interest accrues on a daily basis from the end of the invoice payment period until the overdue amount is paid in full, before or after the court judgment. The customer pays interest together with the overdue amount.
Customer accounts not paid thirty (30) days after receipt of the invoice will be deemed unnecessary and will be closed. IXI.LV is not responsible for data loss caused by closing the service. Closing the service does not release the Customer from the obligation to pay all costs calculated for the Customer. After receiving full payment and reaching a new agreement with the Client, IXI.LV undertakes to reopen the account, to post all information that will be at IXI.LV’s disposal for a separate payment in the amount of € 50.00 (fifty euros). Clients whose accounts have not been paid, agree to pay IXI.LV all expenses, including legal costs and costs collected by third parties, agencies, which IXI.LV incurs in compliance with these Terms.
3. Development process
IXI.LV will give the Client the opportunity to view the website design and content during development. After the completion of the project, all materials will be considered accepted and approved, unless the Client notifies IXI.LV in writing by writing to e-mail [email protected] about the changes they wish to see within ten (10) days of the completion of the project.
4. Compliance with deadlines and compliance
IXI.LV will publish/deliver the client’s website by the date specified in the project or on a date agreed with the client, when IXI.LV receives the first payment unless the client has specifically notified the delay in payment and IXI.LV has agreed to it.
The Client undertakes to immediately provide IXI.LV with all necessary information, materials, and contacts, access to the staff who is the project manager, as well as guarantees timely decision-making, which IXI.LV may reasonably request for the provision of Services.
During the implementation of the project, IXI.LV will request the Client to provide the content of the website; texts, images, video files, and sound files, as well as all relevant basic information, if any.
5. Failure to provide the required website content
IXI.LV is a small company, and in order to maintain efficiency, we must ensure that our work is done on time. Sometimes we may have to reject another job offer to ensure that your project is completed on time.
Therefore, we ask that the Client provide all the necessary information in advance. In the event that it is not possible to continue the work due to the Client’s fault, because we have not been provided with the required information within the specified period and as a result we are late, we reserve the right to impose a surcharge of up to 25% of the total amount. If the Services are related to search engine optimization (SEO), we need the Client’s website texts in advance for search engine optimization to be effective.
If the Client agrees to provide us with the necessary information and does not do so within one week from the start of the project, we reserve the right to close the project and the remaining amount is paid immediately. Simply put, don’t let us get started until you’re ready.
NOTE. Website texts must be delivered in Microsoft Word, e-mail, or similar documents. In the attached document, the texts should be grouped by page. The names of the pages must match the names of the pages of the website, i.e., Contacts contains contact information, About Us contains information about us, etc. If in doubt, contact us if you need clarification.
Using our content management system, the Customer can enter the texts of the website himself.
6. Internet browsers
IXI.LV works to ensure that websites are designed to be viewed by the majority of visitors. Websites are designed to work with currently popular browsers (such as Firefox, Google Chrome, Microsoft Edge, etc.). The Client agrees that IXI.LV does not guarantee the correct functionality of all browser software in different operating systems.
IXI.LV is not responsible for websites that are not acceptably displayed in new browser versions released after the website has been developed and handed over to the Customer. IXI.LV reserves the right to improve any work related to the design of the website or change the website code so that it works with updated browser software.
7. Termination of service
Termination of services by the Customer must be requested in writing by writing to the e-mail [email protected], it will take effect upon receipt of the notification. A request for termination of service by telephone will not be complied with unless confirmed in writing. The customer will be invoiced for the work performed (including all expenses incurred referred to in paragraph 1).
8. Compensation for illegal activities
All IXI.LV services may be used only for lawful purposes. The Customer agrees to indemnify IXI.LV for all losses and expenses incurred as a result of any illegal actions or court claims incurred in using IXI.LV services in illegal actions.
9. Intellectual property
Intellectual property rights mean patents, rights to inventions, copyrights, trademarks, company names and domain names, rights to trade, goodwill and the right to sue for non-compliance or unfair competition, rights to designs, rights to databases, rights to confidentiality the use of information (including trade secrets) and respect for its confidentiality, as well as all other intellectual property rights, whether already registered or not yet registered, including all applications and rights to those already registered or to be registered in the future, anywhere in the world.
Any intellectual property rights to the data, files, and graphic logos that IXI.LV will supply to the Customer are and will remain the exclusive property of the parties (or the third party from whom the rights to use the Intellectual Property have been purchased).
The Client hereby grants IXI.LV a license to use and publish the materials, the license may be granted to any subcontractor acting on behalf of IXI.LV. Customers must obtain permission and the right to use any information or files copyrighted by a third party. The Client is responsible for granting permission to IXI.LV for the use of the aforementioned files. The conclusion of an agreement on the design and/or development of the website is considered to be the Client’s guarantee to IXI.LV that all such permits and authorizations have been obtained. IXI.LV reserves the right to request confirmation from the Client about the existence of such licenses. The Client indemnifies all losses and expenses arising as a result of any claims for third party materials provided by IXI.LV on behalf of the Client, unintentionally infringing the intellectual property rights of third parties.
All newly developed intellectual property rights shall be owned and fully owned by the party developing or improving them. Based on this, IXI.LV grants the Customer a non-exclusive right to use the materials developed by IXI.LV on its website and/or project.
Both Parties shall make every effort to maintain the confidentiality of all information and documentation provided by the Parties to each other before / or after the entry into force of these Regulations. Confidentiality refers to software, business, products, processes, transactions, trade secrets. The Parties shall not use confidential information for purposes other than the performance of their obligations under these Terms. Neither Party shall disclose confidential information to third parties without prior written consent. This provision shall remain in force for 3 years after the end of the cooperation of the Parties.
During the period of validity of these rules, the Parties may disclose confidential information to their employees and/or subcontractors (only to persons involved in the implementation of the project). Each Party has an obligation to notify the parties involved of confidentiality and the obligation to comply with these Terms.
11. Data protection
For the purposes of this clause, the Data Protection Act means – General Data Protection Regulation (EU) 2016/679, the Data Protection Act 2018, all other data protection and/or privacy laws applicable to IXI.LV and all applicable laws replacing, amended by extending, renewing, or consolidating the above from time to time.
Both Parties comply with all applicable requirements of the Data Protection Law. This provision does not supplement or release, cancel or replace a party’s obligations or rights under the Data Protection Act.
The Customer will comply with the Data Protection Act in connection with the collection, storage, and processing of personal data (which includes you providing all necessary information on fair processing to data subjects and obtaining all necessary consent from them) and enforcing your respective rights and obligations under these terms and conditions, including all instructions given by the Customer to IXI.LV, and the maintenance of all relevant regulatory registrations and notices in accordance with the Data Protection Law.
The Parties acknowledge that if IXI.LV processes personal data on behalf of the Customer in fulfillment of its obligations under this Agreement, then the Customer is the controller and IXI.LV is the data executor, within the meaning of the Data Protection Law.
The type, nature, and purpose of IXI.LV processing, the duration of the processing, and the types of personal data and categories of data subjects are defined and can be found on our website, in the section on confidentiality, and in this agreement.
In connection with the processing of personal data in accordance with these Regulations, IXI.LV undertakes:
- to process personal data on behalf of the Customer only and in accordance with the Customer’s documented instructions, as specified in Clause 11 of this Agreement (which is updated from time to time, informing the Parties thereof), unless required by applicable law; in this case, we will inform you of this legal requirement prior to processing, unless that law prohibits such information on important public interest grounds;
- ensure that the persons authorized to process personal data have undertaken to observe confidentiality or are subject to appropriate confidentiality obligations under the law;
- implement and maintain appropriate technical and organizational measures related to the processing of personal data; you hereby acknowledge that you are satisfied that our processing operations and technical and organizational arrangements are appropriate for the purposes for which you propose to use our services and to involve us in the processing of personal data;
- send you without delay all requests from data subjects that we receive and, taking into account the nature of the processing, assist you as far as possible in taking appropriate technical and organizational measures to fulfill your obligation to respond to requests for data subject rights under Chapter III of the GDPR;
- will assist you in enforcing your obligations under Articles 32-36 of the GDPR, taking into account the type of processing and the information available to us and in the event that you cannot reasonably be expected to comply with Articles 32-36 without our information and/or assistance (e.g. if you did not process or do not have access to the information processed) – we can help you resolve this issue for a fair fee, as we invest our time and materials;
- retain personal data in accordance with the retention periods set forth in our privacy statement;
- make available to you all information necessary to demonstrate compliance with the obligations set out in Article 28 (3), to allow you or another statutory auditor to carry out and participate in audits, including inspections, if: (i) you inform us at least 7 days in advance of the audit; check; (ii) you give us a reasonable period of time to comply with any request for information; (iii) ensure that all information obtained or generated by you or your auditor (s) in connection with such requests for information, inspections and audits is strictly confidential; (iv) ensure that such audits or inspections are carried out in the normal course of business, with minimal disruption to our business; (v) if you consider that only one audit and one request for information per calendar year is permitted; and (vi) fairly cover the costs of providing information and carrying out and facilitating inspections and audits;
- take reasonable steps to ensure the trustworthiness of anyone to whom we grant access to personal data, ensuring that in each case access is granted only to those persons who need to know or have access to the relevant personal data is necessary for the purposes of the Terms; and
- immediately (and, if possible, within 24 hours) inform the Client or IXI.LV that we or any of the employees have become aware of a personal data breach that affects the personal data processed on behalf of the Client, providing the Client with sufficient information to enable you to comply with all obligations to report or inform data subjects of a personal data breach.
The Client hereby gives IXI.LV consent to involve sub-processors in the processing of personal data on your behalf. We will inform the Customer before transferring any personal data processed on your behalf to a new sub-processor. Upon receipt of such information, the Customer will notify us if you object to the new subprocessor. If the Customer does not object to the subprocessor within seven calendar days after receiving the information, the Customer will be deemed to have accepted the subprocessor. If the Customer has raised a reasonable objection against the new sub-processor and the Parties have not agreed on a solution within a reasonable time, the Customer has the right to terminate these terms by notifying the Customer in writing without resorting to other remedies available under law or contract. While searching for a solution, we do not transfer personal data processed on behalf of the customer to the subprocessor.
IXI.LV enters into relevant written agreements with all its sub-processors under conditions that are substantially similar to these terms. We will primarily be liable to the Customer for the performance or non-performance of the obligations of the sub-processors. At the Customer’s request, IXI.LV must provide information about any sub-processor, including its name and address.
We will not transfer personal data processed on behalf of the Customer to a country not recognized by the European Commission as having an adequate level of protection under the Data Protection Act unless the transfer is made through such legally applicable mechanism (s). for the transfer of personal data permitted under the Data Protection Act.
If you have applied for the free advertising service, then you agree that your contacts will be used for advertising purposes, this includes calls and/or emails from IXI.LV and our partners.
12. Raw material supply standards
Unless otherwise specified in the project proposal, this agreement assumes that the Client provides any text in electronic format (Word or Google Docs delivered via USB disk, e-mail, or FTP) and that all photos and other graphics are provided in high-quality printing suitable for scanning or electronic scanning. gif ,. jpeg, png, or. tiff format. Although IXI.LV makes every effort to return to the Customer all materials intended for use in improving the performance of the Customer’s company, the transfer of such materials cannot be fully guaranteed.
13. Artist’s autograph and marketing
The autograph will be placed at the bottom of the website as a small graphic with a link to IXI.LV. When graphics are used, they will be designed to fit the overall composition. In return, the Client receives a link back to his website/project. If the client requests the removal of the artist’s autograph, a nominal fee of 10% of the total cost of the service is applied. If the total cost of the project is less than EUR 5000.00, a fixed fee of € 500.00 applies.
The Client agrees that the website/project developed for the Client may be placed on the IXI.LV website in the portfolio section, and hereby grants IXI.LV a worldwide, perpetual, non-exclusive license – for the Client’s company name, logo, and brand, for advertising and marketing purposes.
14. Third-party servers
IXI.LV design and websites are tested to work with IXI.LV servers, and IXI.LV cannot guarantee proper functionality if the Customer wishes to use a third-party server. If the Client uses a third party server, the Client and the third party server are obliged to ensure that the server is compatible with the Client’s website. IXI.LV will help the client to configure the server, if necessary. However, you will be charged separately for configuring the server.
If the Client’s website must be installed on a third-party server, IXI.LV must be granted temporary read/write access to the Client’s directories, which must be accessible via FTP. Depending on the specifics of the project, you may need to configure other server settings.
15. Permissions after deployment
In case the Customer wants to make changes to the website when it is publicly available, the Customer agrees to provide IXI.LV with the opportunity to make such changes. The Client is not obliged to accept the offer provided by IXI.LV.
IXI.LV does not take responsibility for changes made by the Customer independently or by involving third parties.
16. Domain names
IXI.LV can purchase domain names on behalf of the client. The customer is obliged to make payments in connection with these domain names and their renewal. IXI.LV is not responsible for any lost, canceled, or otherwise lost domain due to late payments. The customer must mark the payment deadline to ensure that the payment is received on time.
17. Third-Party Products
Any third party software that IXI.LV agrees to supply is delivered in accordance with the relevant standard license terms. A one-time license fee for such third party software shall be included in the fee payable under paragraph 1.
18. In general
These Terms constitute the agreement of both Parties and supersede all prior agreements, promises, warranties, whether written or oral, with respect to the Customer’s project.
No amendment to these Terms shall be effective unless agreed in writing and approved by both Parties.
A proposal submitted to a Party in accordance with or in connection with these Terms and Conditions must be in writing in Latvian / Russian / English, sent by e-mail. Notifications IXI.LV shall be sent to [email protected].
19. Digital marketing
IXI.LV will listen to and respect your chosen digital marketing methods and components, ensuring the conclusion of a contract for at least 12 months with the receipt of monthly payments in advance. In the event that payment is not received in a timely manner, we regret that further work will be suspended until resumed.
Nothing in these Terms shall exclude or limit the liability of either Party for a) fraud; or (b) any other liability which cannot be excluded or limited by applicable law.
IXI.LV person is not responsible for any: a) loss of income in accordance with or in connection with these terms; (b) loss of actual or expected profits; (c) loss of contracts; (d) loss of employment; (e) loss of opportunity; (f) loss of goodwill or reputation; (g) loss, damage or corruption of data; (h) consequential or consequential damages; (i) loss or damage caused by any inaccuracy, omission, delay or error due to negligence or other cause of the website/project; or (j) the loss or damage of Customer’s artwork/photographs provided to the Site due to negligence or otherwise.
All liability of IXI.LV to the Customer in respect of any claim or breach of this Agreement, whether or not due to negligence, shall apply only to payments made for services under this Agreement in respect of which the breach has occurred.
21. Amendments to the contract
If any or all of the provisions of this Agreement are held to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect and shall not be terminated for that reason alone. Such invalid, unlawful or unenforceable provision shall be replaced by a mutually acceptable valid, lawful, and enforceable provision that is closest to the intentions of the Parties on which the original provision is based.
22. Applicable law and jurisdiction
These Terms and all disputes or claims (including non-contractual disputes or claims) arising out of or in connection with them, or their subject matter or form, shall be governed by and construed in accordance with the laws of the Republic of Latvia.
Each party irrevocably agrees that the courts of the Republic of Latvia shall have exclusive jurisdiction to resolve any disputes or claims (including non-contractual disputes or claims) arising out of or relating to these Terms or their subject matter or form.