Terms of Service

Welcome to Lenux Kft. ("Lenux," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website www.lenux.eu and the IT consulting and Linux system services we provide.

By accessing our website or using our services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our website or services.

1. Acceptance of Terms

By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. These Terms apply to all visitors, users, and clients of our services.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after changes are posted constitutes your acceptance of the revised Terms.

2. Description of Services

Lenux provides professional IT consulting services with a focus on:

• Linux systems administration and optimization
• Open-source solutions integration
• Enterprise infrastructure design and implementation
• Cloud migration and containerization
• Security hardening and compliance
• DevOps implementation and automation
• Technical consulting and advisory services

Specific services are detailed in individual service agreements or statements of work.

3. Eligibility

Our services are intended for business and professional use. By using our services, you represent and warrant that:

• You are at least 18 years of age
• You have the legal authority to enter into these Terms
• You will comply with all applicable laws and regulations
• All information you provide is accurate and complete

4. Client Responsibilities

When engaging our services, you agree to:

• Provide accurate and complete information necessary for service delivery
• Cooperate with our team and respond to requests in a timely manner
• Grant necessary access to systems and resources as required
• Maintain appropriate backups of your data
• Comply with all applicable laws and regulations
• Pay all fees in accordance with the agreed payment terms
• Notify us promptly of any issues or concerns

5. Service Agreements and Contracts

5.1 Individual Service Agreements

Specific services will be governed by individual service agreements, statements of work, or contracts that supplement these Terms. In case of conflict, the specific service agreement takes precedence over these general Terms.

5.2 Scope of Work

Each project will have a defined scope of work, deliverables, timeline, and pricing. Any changes to the scope must be agreed upon in writing by both parties.

5.3 Project Timelines

While we strive to meet agreed timelines, project completion dates are estimates and may be subject to change due to factors including client delays, scope changes, or unforeseen technical challenges.

6. Fees and Payment

6.1 Service Fees

Fees for our services will be specified in individual service agreements. Unless otherwise stated, all fees are quoted in Euros (EUR) and exclude applicable taxes.

6.2 Payment Terms

Payment terms will be specified in service agreements. Standard payment terms are:

• Invoices are due within 30 days of invoice date
• Late payments may incur interest charges of 1.5% per month
• We reserve the right to suspend services for non-payment

6.3 Expenses

Unless otherwise agreed, client shall reimburse reasonable out-of-pocket expenses incurred in providing services, including travel, accommodation, and third-party software licenses.

7. Intellectual Property Rights

7.1 Client Ownership

Upon full payment, client owns all custom deliverables specifically created for the client as part of the agreed scope of work, subject to the licenses below.

7.2 Pre-Existing Materials

We retain ownership of all pre-existing intellectual property, including methodologies, tools, frameworks, and reusable components. Client receives a non-exclusive license to use such materials as incorporated in deliverables.

7.3 Open Source Software

Services may involve open-source software subject to their respective licenses. Client agrees to comply with applicable open-source licenses.

7.4 Third-Party Components

Some deliverables may include third-party components subject to separate licensing terms. We will clearly identify such components and applicable licenses.

8. Confidentiality

8.1 Confidential Information

Both parties agree to maintain confidentiality of proprietary and sensitive information shared during the course of service provision, including:

• Technical specifications and system architectures
• Business strategies and plans
• Financial information
• Source code and proprietary methodologies
• Customer data and personal information

8.2 Exceptions

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no breach of this agreement
• Was rightfully known prior to disclosure
• Is independently developed without use of confidential information
• Must be disclosed pursuant to legal requirement

9. Warranties and Disclaimers

9.1 Service Warranty

We warrant that:

• Services will be performed in a professional and workmanlike manner
• We have the necessary expertise and resources to provide the services
• Services will conform to specifications agreed in service agreements

9.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• Services will be uninterrupted or error-free
• All defects will be corrected
• Services will meet all client requirements
• Third-party systems will function as expected

10. Limitation of Liability

10.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY CLIENT FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.

10.2 Excluded Damages

IN NO EVENT SHALL WE BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES
• LOSS OF DATA OR COST OF SUBSTITUTE SERVICES
• BUSINESS INTERRUPTION

10.3 Exceptions

Nothing in these Terms shall limit liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Gross negligence or willful misconduct
• Any liability that cannot be excluded by law

11. Indemnification

Client agrees to indemnify, defend, and hold harmless Lenux, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising from:

• Client's breach of these Terms
• Client's violation of any law or regulation
• Client's infringement of third-party rights
• Client's use of deliverables in a manner not contemplated by these Terms

12. Data Protection and Security

12.1 Data Processing

Where we process personal data on behalf of client, we will:

• Process data only in accordance with client instructions
• Implement appropriate technical and organizational security measures
• Assist client with data subject requests
• Comply with applicable data protection laws including GDPR

12.2 Security Measures

We implement industry-standard security measures including:

• Encryption of data in transit and at rest
• Access controls and authentication mechanisms
• Regular security assessments and updates
• Employee training on data protection

For detailed information, see our Privacy Policy.

13. Term and Termination

13.1 Term

These Terms remain in effect until terminated by either party.

13.2 Termination for Convenience

Either party may terminate ongoing services with 30 days' written notice. Client remains responsible for payment of services rendered up to the termination date.

13.3 Termination for Cause

Either party may terminate immediately if:

• The other party materially breaches these Terms and fails to cure within 15 days of written notice
• The other party becomes insolvent or files for bankruptcy
• Continued performance becomes illegal or impossible

13.4 Effect of Termination

Upon termination:

• Client must pay all outstanding fees and expenses
• We will return or destroy client confidential information
• Rights and obligations that by nature should survive will continue
• Sections 7 (Intellectual Property), 8 (Confidentiality), 10 (Limitation of Liability), and 14 (Dispute Resolution) survive termination

14. Dispute Resolution

14.1 Negotiation

Parties agree to first attempt to resolve disputes through good-faith negotiation.

14.2 Mediation

If negotiation fails, parties will attempt mediation before pursuing other remedies.

14.3 Governing Law

These Terms are governed by the laws of Hungary, without regard to conflict of law principles.

14.4 Jurisdiction

Any legal action arising from these Terms shall be brought exclusively in the courts of Budapest, Hungary.

15. General Provisions

15.1 Independent Contractors

The relationship between Lenux and client is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, or employment relationship.

15.2 Assignment

Client may not assign these Terms or any rights hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

15.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.

15.4 Waiver

Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

15.5 Entire Agreement

These Terms, together with any service agreements and our Privacy Policy, constitute the entire agreement between parties and supersede all prior agreements and understandings.

15.6 Force Majeure

Neither party shall be liable for failure to perform due to circumstances beyond reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.

15.7 Notices

All notices under these Terms must be in writing and delivered via email or certified mail to the addresses provided by each party.

16. Website Use

16.1 Acceptable Use

When using our website, you agree not to:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights
• Transmit harmful code or malware
• Attempt unauthorized access to our systems
• Interfere with website functionality
• Collect user information without consent
• Use automated systems to access the website without permission

16.2 Website Content

All content on our website, including text, graphics, logos, and software, is owned by Lenux or licensed to us and is protected by copyright and other intellectual property laws.

17. Contact Information

Legal Notice: These Terms of Service constitute a legally binding agreement. Please read them carefully and consult with legal counsel if you have any questions.