General Terms and Conditions

These terms govern engagements between Noctixal (sole trader, Charel Lejeune, Kayl, Luxembourg) and the client commissioning a project. They apply once a quote is accepted in writing, in addition to any project-specific statement of work.

1. Scope and quotes

A quote is valid for 30 days from the date issued. Work begins after the client accepts the quote in writing (email is sufficient) and the agreed setup payment is received.

The scope agreed in the quote is what gets built. Changes after work has started are scoped and quoted separately as a change request. Charged time and materials follow the hourly rate stated in the quote.

2. Payment terms

Setup is invoiced on the day the project is delivered (handover or first deployment to production, whichever is earlier). Standard payment term is 14 days from invoice date.

Subscription billing for hosting and care:

• Monthly: invoiced on the first business day of each month. Pay-as-you-go. The client cancels by not paying the next cycle; service ends at the end of the paid period.
• Annual prepay: 10 percent discount on twelve months of subscription. Invoiced once at the start of the year.
• 2-year prepay: 15 percent discount on setup plus the annual prepay discount on monthly. Invoiced once at the start of the period.

Late payment after 14 days carries a reminder. After 30 days, interest applies at the EU statutory rate plus 2 percent. Service may be paused until the account is brought up to date.

3. Refund policy

Monthly subscriptions: no refunds because no upfront commitment exists. Cancel by not paying the next cycle.

Annual and 2-year prepay: a 14-day refund window starts on the day of delivery. With a plausible cause (compatibility issue, material problem with the deliverable, the project no longer needed for a documented reason), 70 percent of the setup payment is returned. The first month of hosting and care is not refunded because the service ran. Outside the 14-day window, or without a plausible cause, the payment is final.

The 70 percent retention reflects the fact that Noctixal has already spent the time scoping, designing, and shipping the project. A full refund would mean working for free; this is the smallest figure that keeps the business viable while still protecting the client against legitimate compatibility or fit issues.

4. Ownership and intellectual property

On full payment of the setup invoice, the client owns the code, content, designs, and assets specific to their project. Noctixal retains the right to use generic tooling, internal libraries, and reusable patterns developed during the engagement, including for other clients.

Noctixal may reference the project (name, brief description, screenshots) in its portfolio and case studies. The client may opt out of this reference in writing at any time before publication.

5. Solo handover

Solo handover (a one-time build with no ongoing hosting subscription) is offered only on small projects: Web Development Lite and Basic tiers, and Software Lite tier. On larger projects the server-side complexity makes a handover impractical and Solo is not offered.

After a Solo handover, no SLA applies and any further work is quoted separately as a new engagement.

6. Hosting, care, and SLA

Hosting and care are included in the monthly subscription on every tier above Solo. The response SLA per tier is stated in the quote and on the website pricing page at the time of purchase.

The SLA covers initial response, not resolution. Resolution time depends on the nature of the issue. Critical outages (the site is unreachable) are addressed before everything else.

Hosting infrastructure is provided by Hetzner Online GmbH (Germany, EU). The client’s data stays in the EU.

7. Confidentiality

Both parties keep confidential information confidential, both during and after the engagement. The obligation applies to business information, source code, designs, customer data, and anything else clearly marked or understood to be confidential.

Noctixal is bound by Luxembourg professional secrecy on client matters as far as it applies.

8. Liability

Noctixal’s liability is limited to the total amounts paid by the client in the 12 months preceding the event giving rise to the claim. Indirect or consequential damages (loss of profit, loss of goodwill, loss of business opportunity) are excluded except where Luxembourg law forbids exclusion.

Force majeure (events beyond reasonable control: infrastructure outages at the cloud provider, internet routing failures, official emergency declarations) suspends obligations for as long as the event lasts.

9. Disputes and jurisdiction

These terms are governed by Luxembourg law. Disputes are submitted to the competent courts of the Grand Duchy of Luxembourg.

Both parties agree to attempt good-faith resolution before initiating legal proceedings. A request for mediation is the preferred first step.

10. Changes

These terms may be updated as Noctixal and its services evolve. The version in force at the time a project is quoted is the version that governs that project. The current version is always published on this page with the date of last update.

For questions: contact@noctixal.com.