LUKASOLUTIONS
Custom Digital Solutions
TERMS OF USE
AND GENERAL TERMS & CONDITIONS OF SALE
TOU & GTC — Software Development Services
Version effective as of 12 March 2026
Legal Notice
Lukasolutions is a provider of IT services specialising in custom software development solutions. These Terms of Use (TOU) and General Terms & Conditions of Sale (GTC) govern all contractual relationships between Lukasolutions and its clients.
PART I — TERMS OF USE (TOU)
Article 1 — Purpose and Scope
These Terms of Use define the conditions of access and use of the services offered by Lukasolutions, including:
- Consultation and use of the website and tools made available
- Digital deliverables (web applications, software, APIs, websites)
- Client portals and project tracking spaces
- Any documentation and resources provided in the context of a service engagement
Any use of Lukasolutions' services implies full and unreserved acceptance of these TOU. Lukasolutions reserves the right to amend these terms at any time, with new versions taking effect upon publication.
Article 2 — Access to Services
2.1 Access Requirements
Access to Lukasolutions' services is open to individuals aged 14 or over, as well as to authorised representatives of legal entities. Individuals under the age of 18 must obtain prior consent from their legal guardian before entering into any agreement with Lukasolutions. The client warrants the accuracy of the information provided at the time of contact or contract signature.
2.2 Credentials and Secure Access
Where secure access is granted (client portals, code repositories, collaborative tools), the client agrees to:
- Keep login credentials strictly confidential
- Not share such access with any unauthorised third parties
- Notify Lukasolutions immediately in the event of suspected compromise
- Refrain from attempting to access any unauthorised areas of the systems
Article 3 — Intellectual Property
3.1 Lukasolutions' Rights
Unless otherwise stipulated in the service contract, the methods, tools, internal frameworks, libraries, know-how and generic code developed by Lukasolutions remain its exclusive intellectual property.
3.2 Assignment of Rights to the Client
Upon receipt of full payment, Lukasolutions assigns to the client the rights of use over the specific deliverables developed on their behalf, under the conditions defined in the contract. Such assignment is:
- Non-exclusive unless otherwise stated in the contract
- Limited to the use specified in the order
- Applicable only within the agreed territory
3.3 Client Content
The client retains full rights over the content, data and materials they provide to Lukasolutions. The client warrants that they hold all necessary rights over such materials and indemnifies Lukasolutions against any claim in this regard.
Article 4 — Confidentiality and Data Protection
4.1 Mutual Confidentiality
Both parties agree to keep confidential all technical, commercial and strategic information exchanged in the course of their relationship. This confidentiality obligation applies throughout the duration of the engagement and for 3 years after its conclusion.
4.2 Personal Data (GDPR)
Lukasolutions processes its clients' personal data as data controller, in compliance with the General Data Protection Regulation (GDPR - EU Regulation 2016/679). Data collected is used solely for:
- Managing the commercial relationship and project delivery
- Invoicing and payment tracking
- Communications relating to ongoing engagements
- Improving the services offered
In accordance with the GDPR, the client has rights of access, rectification, erasure, portability and objection, exercisable by email.
Article 5 — Liability and Warranties
5.1 Lukasolutions' Obligations
Lukasolutions commits to delivering its services with the care and diligence of a competent professional. Its obligation is one of means, not of result. Lukasolutions endeavours to:
- Meet agreed deadlines to the best of its ability
- Maintain regular communication with the client
- Deliver outputs that conform to the agreed specifications
5.2 Limitation of Liability
Lukasolutions' liability may not be invoked in the event of:
- Force majeure (natural disaster, cyberattack, pandemic, etc.)
- Failure of third-party services (hosting providers, external APIs, etc.)
- Incorrect use of deliverables by the client
- Failure by the client to provide required materials within agreed timeframes
In any case, Lukasolutions' total liability is capped at the amount excluding tax actually received in respect of the relevant engagement.
Article 6 — Acceptable Use
The client agrees to use Lukasolutions' deliverables and services in compliance with applicable law and in an ethical manner. The following are strictly prohibited:
- Using the services for any unlawful or fraudulent purpose
- Any unauthorised reverse-engineering of the deliverables
- Reselling the deliverables without Lukasolutions' express written consent
- Any use that infringes the rights of third parties
Article 7 — Governing Law and Disputes
These TOU are governed by French law. In the event of a dispute, the parties agree to seek an amicable resolution before resorting to legal proceedings. Failing agreement, the competent courts will be those within the jurisdiction of Lukasolutions' registered office.
PART II — GENERAL TERMS & CONDITIONS OF SALE (GTC)
Article 8 — Purpose of the GTC
These General Terms & Conditions of Sale define the commercial terms applicable to all software development services provided by Lukasolutions to its professional and individual clients. They take precedence over any document issued by the client, unless otherwise agreed in writing in advance.
Article 9 — Formation of Contract
9.1 Order Process
Every engagement begins with a scoping phase during which Lukasolutions prepares a detailed commercial proposal including:
- A description of the deliverables and expected features
- An estimated timeline for completion
- The cost of the engagement (fixed price or time & materials)
- Payment terms
- Conditions for scope changes
9.2 Acceptance
The contract is formed upon the client's signature of the quote or purchase order, accompanied by payment of the agreed deposit. Placing an order constitutes unconditional acceptance of these GTC.
Article 10 — Pricing and Billing Models
10.1 Types of Engagement
Lukasolutions offers its services under two main models:
- Fixed price: a predetermined amount based on a defined scope. Any change to the scope is subject to a separately priced amendment.
- Time & materials: billing at the agreed daily or hourly rate, based on actual time spent.
10.2 Price Revision
Prices are set by quote and are valid for 30 days from their date of issue. Lukasolutions reserves the right to revise its rates annually, with 30 days' notice for recurring engagements.
Article 11 — Third-Party Licences and Products
11.1 General Principle
Where an engagement involves the configuration, integration or use of paid scripts, plugins, themes, software, APIs or any other third-party product, the licences and subscriptions required are entirely the client's responsibility. Lukasolutions does not acquire licences in its own name on behalf of its clients, unless otherwise agreed in writing.
11.2 Information and Supply Obligations
Prior to the start of the engagement, Lukasolutions will inform the client of the list of required third-party products identified. The client agrees to:
- Acquire and provide the necessary licences before work begins on the relevant components
- Maintain and renew those licences for the duration of use of the deliverable
- Provide activation keys, credentials or access required for their integration
- Ensure compliance with the terms of use of each third-party product
11.3 Liability and Impact on Timelines
Lukasolutions cannot be held liable for any malfunction, service interruption or performance failure attributable to a third-party product, whether due to an expired, revoked or restricted licence. Any delay caused by the client's failure to provide licences on time will result in an equivalent delay to the delivery timeline, with no liability on the part of Lukasolutions and no additional costs covered by Lukasolutions.
Article 12 — Payment Terms
12.1 Deposit
Unless otherwise stated in the quote, every new engagement requires a deposit of between 30% and 50% of the total amount excluding tax, payable upon signature of the purchase order. This deposit is a condition for the commencement of work.
12.2 Payment Milestones
For engagements lasting more than one month, a payment schedule is defined in the contract, typically structured as follows:
- Deposit upon order: 30 to 50% of the total amount
- Interim payments at defined milestones (partial deliveries, design approval, etc.)
- Balance upon final delivery and client sign-off
12.3 Payment Deadlines
Invoices are payable upon receipt, unless otherwise stated in the contract (maximum 30 days). For professional clients, statutory payment deadlines apply in accordance with applicable law.
12.4 Late Payment
Any late payment shall automatically trigger, without prior notice:
- Late payment penalties at the applicable statutory rate plus 5 percentage points
- A flat-rate recovery fee of 40 euros per unpaid invoice
- Suspension of ongoing work until the situation is regularised
- Termination of the contract after a formal notice remaining unaddressed for 15 days
12.5 No Refund Policy
Any sum paid by the client to Lukasolutions is definitively acquired and will not give rise to any refund under any circumstances, including in the event of termination at the client's initiative, partial or total dissatisfaction, project abandonment or non-use of the deliverables. Payments made remunerate the work carried out and the time mobilised by Lukasolutions, regardless of the progress of the project at the time the contractual relationship ends.
Article 13 — Delivery and Timelines
13.1 Timeline Commitment
Delivery timelines are indicative and depend on the timely provision of all necessary elements by the client (content, access credentials, approvals, feedback). Lukasolutions makes every effort to meet agreed deadlines.
13.2 Client Responsibilities Regarding Timelines
The client agrees to:
- Provide all necessary materials within agreed timeframes (content, logos, access credentials, API keys, etc.)
- Validate deliverables within a maximum of 10 business days after delivery
- Designate a single point of contact available to answer questions
Any delay attributable to the client will result in an equivalent shift in the delivery timeline, without any liability on the part of Lukasolutions.
13.3 Acceptance and Sign-Off
Upon delivery of each milestone, the client has 10 business days to sign off the deliverable or report any non-conformity in writing. After this period without any feedback, the deliverable is deemed accepted.
Article 14 — Warranty and Maintenance
14.1 Warranty of Proper Execution
Lukasolutions warrants that deliverables conform to the agreed specifications for a period of 30 days following final acceptance. During this period, bug fixes attributable to Lukasolutions are carried out at no additional charge.
14.2 Warranty Exclusions
The warranty does not cover:
- Modifications made by the client or a third party after delivery
- Malfunctions related to third-party services (hosting, CMS, plugins)
- Functional scope changes not provided for in the contract
- Incompatibilities with untested environments
14.3 Maintenance
Any corrective or evolutionary maintenance beyond the warranty period is billed at the rates in force, or is the subject of a dedicated maintenance agreement.
Article 15 — Termination
15.1 Termination at the Client's Initiative
The client may terminate the engagement at any time by written notice (email with acknowledgement of receipt). In such case:
- Work completed up to the date of termination is billed on a pro-rata basis
- The deposit paid and any sums already settled are definitively acquired in accordance with Article 12.5
- Costs incurred and not yet invoiced are due
15.2 Termination at Lukasolutions' Initiative
Lukasolutions may terminate the contract in the event of:
- Persistent non-payment after formal notice
- Client conduct making proper performance of the contract impossible
- Requests contrary to the law or professional ethics
In the event of termination justified by Lukasolutions, amounts paid remain acquired in consideration of the work performed.
Article 16 — Subcontracting and Project Team
Lukasolutions reserves the right to engage qualified subcontractors or freelancers for all or part of the engagement. Lukasolutions remains solely responsible for the quality of the services rendered and ensures that its subcontractors comply with confidentiality obligations.
Article 17 — Commercial Reference
Unless expressly and explicitly objected to in writing by the client, Lukasolutions reserves the right to reference the completion of the engagement in its commercial materials (website, portfolio, social media). Lukasolutions may in particular mention the client's name, the type of engagement, and present a screenshot or description of the deliverable.
Article 18 — Force Majeure
Neither party may be held liable for a failure to meet its contractual obligations if such failure results from a force majeure event within the meaning of applicable law, including: natural disasters, strikes, pandemics, large-scale cyberattacks, restrictive government decisions. The affected party must notify the other as soon as possible, and obligations are suspended for the duration of the event.
Article 19 — Miscellaneous
19.1 Entire Agreement
These TOU/GTC, supplemented by the signed contract or quote, constitute the entire agreement between the parties and supersede any prior agreement relating to the same subject matter.
19.2 Severability
If any provision of these terms is declared null or unenforceable, the remaining provisions shall remain in full force and effect.
19.3 Governing Law and Jurisdiction
These terms are governed by French law. Any dispute shall be submitted to the competent courts within the jurisdiction of Lukasolutions' registered office, after an attempt at amicable resolution.
Document established on 12 March 2026
LUKASOLUTIONS — Custom Digital Solutions