Terms of Service

These Terms of Service ("ToS") constitute a legally binding agreement between 8digit S.à r.l. ("8digit," "we," "us," or "our"), a company incorporated under the laws of the Grand Duchy of Luxembourg, with its registered office at 2, Zon Inustrielle, L-9166 Mertzig, Luxembourg, and you, the individual, business, or entity engaging our services ("Customer," "you," or "your"). This agreement governs your access to and use of our services, including but not limited to IT Support for Business, Digital Marketing for Business (encompassing Website Subscription Plans and Custom Websites), Hardware and Software Sales, Hosting Services, and Add-ons (collectively, the "Services"). By accessing, subscribing to, or utilizing any of our Services, you acknowledge that you have read, understood, and agree to be bound by these ToS in their entirety. If you do not agree, you must refrain from using our Services.

1. Definitions

For clarity and precision throughout this document, the following terms are defined:

• "Services": All offerings provided by 8digit, including IT Support for Business, Digital Marketing for Business (Website Subscription Plans and Custom Websites), Hardware and Software Sales, Hosting Services, and Add-ons as detailed in Section 2.
• "Website Subscription Plans": A "Website as a Service" model offering tiered subscription plans (Essential, Startup, Growth, Premium) that include website design, hosting, domain management, maintenance, and ongoing support.
• "Custom Websites": Tailored, one-time website development projects designed to your specifications, with ownership transferring to you upon full payment and project completion.
• "Add-ons": Optional supplementary services or features, such as Microsoft 365 subscriptions, additional domain hosting, e-commerce functionality, extended IT support hours, or premium SEO packages.
• "Customer Content": Any materials you provide for inclusion in the Services, including but not limited to text, images, videos, logos, trademarks, or other intellectual property.
• "Customer Data": All data generated, collected, or processed through your use of the Services, such as website analytics, user information, transaction records, or form submissions.
• "Hosting Types": Categories of hosting services provided by 8digit, each with defined limits on storage, bandwidth, traffic, and performance capabilities (e.g., Basic, Standard, E-commerce, Enterprise).
• "Personal Data": Information relating to an identified or identifiable natural person, as defined by Regulation (EU) 2016/679 (General Data Protection Regulation, "GDPR").
• "Branding": The mandatory "Created or Powered by 8digit.lu" notice or equivalent designation included in the footer of all websites developed under the Services, hyperlinked to 8digit.lu’s website.
• "Service Level Agreement (SLA)": A commitment by 8digit to specific performance standards, response times, and resolution timelines for support and hosting services.
• "Business Hours": Monday to Friday, 8:00–17:00 Central European Time (CET), excluding Luxembourg public holidays.

2. Services Provided

2.1 Website Subscription Plans (Website as a Service)

2.1.1 Plan Details

Our Website Subscription Plans provide an all-in-one solution for businesses seeking a professionally designed, hosted, and maintained online presence. The plans are structured as follows:

• Essential (99€/month):
  • Up to 5 static pages (e.g., Home, About, Services, Contact, Blog).
  • Basic Hosting (10 GB storage, 100 GB bandwidth, 10,000 visits/month).
  • 1 domain registration or transfer included (e.g., .lu, .com).
  • Basic SEO (meta tags, keyword optimization for up to 5 terms).
  • Content writing (up to 500 words per page, e.g., a concise “About Us” story).
  • Photo sourcing (stock or AI-generated images, up to 5 images).
  • 2 rounds of revisions during initial setup; 1 round/month thereafter.
  • 5 support requests/month included (e.g., fixing a broken link).
• Startup (129€/month):
  • Up to 10 pages (including dynamic elements like contact forms or image galleries).
  • Basic Hosting (10 GB storage, 100 GB bandwidth, 10,000 visits/month).
  • 1 domain included.
  • Standard SEO (meta tags, keyword optimization for up to 10 terms, Google Analytics setup).
  • Content writing (up to 750 words per page, e.g., detailed service descriptions).
  • Photo sourcing and minor image editing (e.g., resizing, cropping; up to 10 images).
  • 3 rounds of revisions during setup; 2 rounds/month thereafter.
  • 10 support requests/month included (e.g., updating text or images).
• Growth (149€/month):
  • Up to 15 pages (including advanced features like booking systems or portfolios).
  • Standard Hosting (50 GB storage, 500 GB bandwidth, 50,000 visits/month).
  • 2 domains included (e.g., primary site + redirect).
  • Advanced SEO (on-page optimization, backlink suggestions, monthly performance reports).
  • Content writing (up to 1,000 words per page, e.g., in-depth blog posts).
  • Photo sourcing, image editing, and optimization (e.g., compression for faster loading; up to 15 images).
  • 4 rounds of revisions during setup; 3 rounds/month thereafter.
  • 15 support requests/month included (e.g., adding new pages).
• Premium (199€/month):
  • Up to 20 pages (fully customizable with integrations like e-commerce or CRM systems).
  • Standard Hosting (50 GB storage, 500 GB bandwidth, 50,000 visits/month).
  • 3 domains included (e.g., main site, blog, landing page).
  • Premium SEO (full-site audits, competitor analysis, quarterly strategy sessions with an SEO expert).
  • Content writing (up to 1,500 words per page, e.g., comprehensive product guides).
  • Photo sourcing, custom graphics, and video embeds (e.g., up to 20 assets).
  • 5 rounds of revisions during setup; 4 rounds/month thereafter.
  • 20 support requests/month included (e.g., integrating third-party tools).

2.1.2 Scope of Services

• Design and Development: Initial website creation based on your input, using templates or custom designs as per your plan (e.g., a sleek template for Essential, fully bespoke for Premium).
• Hosting: Provided via 8digit’s servers (see Section 2.3 for details).
• Maintenance: Monthly updates to content (e.g., swapping seasonal promotions), security patches, and minor feature enhancements (e.g., adding a new button).
• Support: Access to technical and content support via email or ticketing system, limited by your plan’s support request allowance.
• Branding: All websites must display "Created or Powered by 8digit.lu" in the footer unless you opt out (see Section 5.3).

2.1.3 Usage Limits and Overages

• Revisions: Additional rounds beyond your plan’s allowance are billed at 99€/hour or our revision packages can come in place with multiple hours at a discount within a package.
• Support Requests: Excess requests beyond your monthly limit are billed at 79€/hour
• Content Updates: Major updates (e.g., redesigns, adding an e-commerce section) are considered additional projects and quoted separately (e.g., 500€ for a new shop page).

2.1.4 Customer Responsibilities

• Provide all required Customer Content within 7 days of request (e.g., logos, product descriptions); delays may extend delivery timelines by up to 14 days.
• Ensure Customer Content is lawful, non-infringing, and suitable for public display (e.g., no copyrighted images without permission).
• Respond to 8digit’s feedback or approval requests within 7 days to avoid project delays (e.g., approving a design mockup).

2.2 Custom Websites

2.2.1 Pricing and Tiers

Custom Websites are one-time projects tailored to your unique needs:

• Basic (starting at 2,500€):
  • Up to 5 pages, simple design, static content (e.g., a small business landing site).
  • 3 rounds of revisions.
• Standard (starting at 3,500€):
  • Up to 10 pages, dynamic features (e.g., contact forms, photo galleries).
  • 4 rounds of revisions.
• E-commerce (starting at 5,000€):
  • Up to 15 pages, basic e-commerce functionality (e.g., product listings, cart, payment gateway like Stripe).
  • 5 rounds of revisions.
• Enterprise (starting at 7,500€):
  • Unlimited pages, custom integrations (e.g., APIs, CRM systems like Salesforce, advanced e-commerce with inventory sync).
  • 6 rounds of revisions.

2.2.2 Scope and Ownership

• Development Process: Includes discovery (1–2 meetings to gather requirements), design (mockups provided), development, testing (cross-browser checks), and launch (DNS setup).
• Ownership Transfer: Full ownership transfers to you upon final payment, including source code and assets (excluding proprietary 8digit tools or frameworks, e.g., internal CMS plugins).
• Post-Launch Support: Maintenance or updates post-launch are billed at 99€/hour unless covered by an Add-on (e.g., a monthly maintenance package).

2.2.3 Hosting for Custom Websites

• Not Included: Hosting is not included in the custom website package. You must:
  • Purchase hosting separately from 8digit (see Section 2.3 for options, e.g., Basic Hosting starts at 49€/month).
  • Or arrange your own hosting with a third-party provider (e.g., AWS, SiteGround).
• 8digit Hosting: If you choose 8digit hosting, the terms in Section 2.3 apply, including limits and overages (e.g., overage fees for exceeding bandwidth).

2.2.4 Branding and Revisions

• Mandatory "Created or Powered by 8digit.lu" footer branding applies unless opted out (Section 5.3).
• Additional revisions beyond the included rounds are billed at 99€/hour.

2.3 Hosting Types and Performance

2.3.1 Hosting Options

• Basic Hosting (50€/month):
  • Traffic: Up to 10,000 visits/month (e.g., small blog traffic).
  • Storage: 10 GB (e.g., pages, images, small databases).
  • Bandwidth: 100 GB/month.
  • Ideal for small sites with minimal traffic.
• Standard Hosting (100€/month):
  • Traffic: Up to 50,000 visits/month (e.g., growing business site).
  • Storage: 50 GB.
  • Bandwidth: 500 GB/month.
  • Suitable for businesses with moderate traffic and content needs.
• E-commerce Hosting (150€/month):
  • Traffic: Up to 100,000 visits/month (e.g., online store during sales).
  • Storage: 100 GB (e.g., product images, customer data).
  • Bandwidth: 1 TB/month.
  • Optimized for high-transaction sites with SSL and caching included.
• Enterprise Hosting (Custom pricing, starting at 300€/month):
  • Traffic, storage, and bandwidth tailored to your needs (e.g., unlimited traffic for large-scale sites).
  • Includes dedicated resources (e.g., isolated server instance), priority support, and custom SLAs.

2.3.2 Limits and Upgrades

• Monitoring: 8digit tracks usage (traffic, storage, bandwidth) and notifies you via email if limits are approached (80% threshold, e.g., 8,000 visits on Basic) or exceeded.
• Overage Process:
  • You have 14 days to upgrade your plan or reduce usage (e.g., compress images).
  • Failure to comply may result in:
    • Throttled performance (e.g., slower load times to 5+ seconds).
    • Overage fees (e.g., 0.10€/GB bandwidth, 1€/GB storage).
    • Temporary suspension until resolved (e.g., site offline after 14 days).
• Upgrade Requests: Contact us to adjust your hosting type; changes take effect within 48 hours (e.g., moving from Basic to Standard).

2.3.3 Performance Standards

• Uptime SLA: 99.9% guaranteed uptime, measured monthly, excluding scheduled maintenance (e.g., a 2-hour window on Sundays at 2:00 AM CET).
• Load Times: Optimized to load within 3 seconds under normal conditions; performance may vary based on Customer Content (e.g., unoptimized 10MB images) or traffic spikes (e.g., 20,000 visits in an hour).

2.4 Domain Management

2.4.1 Registration and Ownership

• Registration: Domains are registered in your name with you as the legal owner (e.g., via EURid or ICANN registrars).
• Management: 8digit handles renewals, DNS settings, and technical configurations unless you request full control.

2.4.2 Auto-Renewal and Notices

• Default: Domains are set to auto-renew using the payment method on file (e.g., SEPA debit).
• Notices: Renewal reminders are sent via email at 60, 30, and 7 days before expiration (e.g., “Your domain example.lu expires on July 1, 2025”).
• Customer Responsibility: Keep your contact information (e.g., email) and payment details up to date to receive notices and ensure successful renewal.

2.4.3 Expiration and Quarantine

• Expiration: If renewal fails (e.g., card declined), the domain may expire and become unavailable (e.g., after July 1, 2025).
• Quarantine: Expired domains enter a quarantine period (typically 30–90 days, depending on the registry, e.g., 40 days for .lu), during which they cannot be used or transferred.
• Recovery: To recover a quarantined domain:
  • You must pay a recovery fee of up to 500€ (e.g., 150€ for .com, 300€ for .lu), depending on the domain and registry policies.
  • Recovery can take up to 14 days and is not guaranteed (e.g., if another party claims it).
• Liability: 8digit is not responsible for losses (e.g., website downtime, lost sales) resulting from domain expiration due to your failure to maintain payment or respond to notices.

2.4.4 Opt-Out of Auto-Renewal

• You may opt out of auto-renewal by written request (e.g., email to support@8digit.lu) at least 30 days before the renewal date.
• If opted out, you are solely responsible for manually renewing the domain to avoid expiration (e.g., via the registrar’s portal).

2.5 IT Support for Business

2.5.1 Scope of Coverage

• Covered Issues:
  • Website troubleshooting (e.g., fixing 404 errors, resolving downtime).
  • Hosting and domain management (e.g., correcting DNS misconfigurations).
  • M365 Add-ons (e.g., setting up Outlook, managing user licenses).
  • Software updates for 8digit-provided tools (e.g., CMS patches).
• Exclusions:
  • Third-party hardware/software not supplied by 8digit (e.g., your local printer).
  • Customer-induced errors (e.g., deleting critical files, misconfiguring settings).
  • External cyberattacks unless caused by 8digit’s negligence (e.g., unpatched servers).

2.5.2 Service Levels

• Standard Support:
  • Response Time: Within 4 business hours (e.g., ticket submitted at 10:00 AM CET answered by 2:00 PM CET).
  • Resolution Time: Within 5 business days (e.g., a minor bug fixed by Friday).
  • Submission: Via email (support@8digit.lu) or ticketing system.
• Urgent Support (e.g., website outage, critical system failure):
  • Response Time: Within 1 hour during business hours (e.g., 9:00 AM CET ticket answered by 10:00 AM CET).
  • Resolution Time: Within 24 hours or as soon as practicable (e.g., site restored by next morning).
  • Submission: Via priority phone line (+352 123 456) or urgent ticket designation.

2.5.3 Remote Access

• Conditions: Required for certain diagnostics or resolutions (e.g., accessing your CMS backend), with your prior consent via email or ticket approval.
• Security: Access is encrypted (e.g., SSH with RSA keys), limited to the issue’s scope, and revoked immediately after resolution.
• Records: Access events are logged (e.g., “Accessed CMS on June 5, 2025, at 14:00 CET”) and available upon request.

2.5.4 Escalation Procedure

• If unresolved within 24 hours (urgent) or 5 days (standard), issues are escalated to a senior technician.
• You’ll receive status updates every 24 hours until resolved (e.g., “Working on DNS issue, expect resolution by June 7”).

2.5.5 Customer Responsibilities

• Submit detailed support requests (e.g., “Contact form not submitting, error: ‘Invalid token’” with screenshots).
• Maintain secure system access (e.g., strong passwords, 2FA on M365 accounts).
• Avoid modifying 8digit-provided systems without prior consultation (e.g., editing server files directly).

3. Data Protection and Privacy

3.1 GDPR Compliance

• Roles:
  • You are the data controller, responsible for determining the purposes and means of processing Personal Data (e.g., collecting customer emails via forms).
  • 8digit is the data processor, acting only on your documented instructions (e.g., hosting your database).
• Legal Basis: Processing is conducted under GDPR Article 6(1)(b) (contractual necessity) or Article 6(1)(a) (consent, where applicable, e.g., newsletter signups).
• Data Processing Agreement (DPA):
  • Available upon request (email legal@8digit.lu), detailing processing activities, security measures, and sub-processor use (e.g., AWS for hosting).
  • Automatically incorporated into these ToS upon signing.

3.2 Customer Obligations and Rights

• Obligations:
  • Ensure lawful collection and use of Personal Data (e.g., displaying a GDPR-compliant privacy notice on your site).
  • Respond to data subject requests (e.g., access, erasure) within GDPR timelines (30 days).
• Rights: You may instruct 8digit to assist with GDPR compliance (e.g., exporting user data in CSV), subject to reasonable fees for extensive efforts (e.g., 79€/hour for custom reports).

3.3 Security Measures

• Technical Safeguards: Encryption (e.g., TLS 1.3 for data in transit, AES-256 for data at rest), firewalls, and regular security audits (e.g., quarterly penetration tests).
• Organizational Safeguards: Staff training (e.g., annual GDPR workshops), access controls (e.g., role-based permissions), and incident response protocols.
• Sub-processors: Only reputable third parties (e.g., Amazon Web Services, Cloudflare) are used, with GDPR-compliant agreements in place.

3.4 Data Breach Protocol

• Notification: If a breach occurs, 8digit will notify you within 72 hours of detection, per GDPR Article 33, including:
  • Nature and scope (e.g., “Database accessed, 500 records exposed”).
  • Likely impact (e.g., “Risk of identity theft”).
  • Mitigation steps (e.g., “Password reset enforced, vulnerability patched”).
• Cooperation: 8digit will assist with investigations and regulatory notifications (e.g., to the CNPD in Luxembourg) as required.

3.5 Data Retention and Deletion

• Retention:
  • Active Data: Retained for the duration of your service term (e.g., website analytics while subscribed).
  • Post-Termination: Retained for 12 months for recovery purposes (e.g., restoring a cancelled site), unless deletion is requested earlier.
• Deletion:
  • Requests must be submitted in writing (e.g., email to support@8digit.lu); data is securely erased within 30 days (e.g., shredded databases), except where legally required to retain (e.g., tax records for 10 years under Luxembourg law).
  • Backups are purged on a rolling 90-day cycle (e.g., June 1 backup deleted by September 1).

4. Hosting and Performance

4.1 Availability and Uptime

• Uptime Commitment: 99.9% uptime, excluding:
  • Scheduled maintenance (notified 48 hours in advance, typically Sundays 2:00–4:00 AM CET).
  • Emergency maintenance (notified as soon as possible, e.g., “Immediate patching due to zero-day exploit”).
• Downtime Credits: If uptime falls below 99.9% in a month due to 8digit’s failure (e.g., server crash), you may request a credit of 5% of your monthly fee per 0.1% below the SLA, capped at 50% (e.g., 99.7% uptime = 10% credit).

4.2 Backups and Recovery

• Frequency: Daily incremental backups (e.g., changes since yesterday), weekly full backups (e.g., entire site snapshot every Sunday).
• Retention: Backups retained for 30 days; older backups are overwritten (e.g., June 1 full backup deleted July 1).
• Restoration: Available upon request for a 150€ fee per incident (e.g., restoring after accidental deletion); not guaranteed for Customer-induced data loss (e.g., deleting your own database).
• Customer Duty: Maintain independent backups of critical data (e.g., export customer lists monthly); 8digit is not liable for losses from your failure to do so.

4.3 Performance Monitoring

• Tools: Real-time monitoring of uptime, traffic, and resource usage (e.g., via New Relic or similar).
• Reports: Available upon request for Growth, Premium, and Enterprise plans, detailing performance metrics over the prior 30 days (e.g., “Average load time: 2.1s, Peak traffic: 45,000 visits”).

5. Marketing and Branding

5.1 Mandatory Branding

• All websites include "Created or Powered by 8digit.lu" in the footer, styled to match the site’s design (e.g., font and color) and hyperlinked to https://8digit.lu.

5.2 Marketing Rights

• Showcase Rights: 8digit may use your website (screenshots, links, descriptions) in marketing materials, including our portfolio, blog, or social media (e.g., “Check out this sleek site for [Your Business]”).
• Testimonials and Logos: Used only with your written consent (e.g., email approval), revocable at any time with 30 days’ notice.
• Examples: A Growth plan site might be featured as “See how we boosted [Your Business]’s online presence with a 15-page custom site.”

5.3 Opt-Out Process

• Eligibility: Available for all plans and Custom Websites.
• Fees:
  • Essential: 300€ one-time, 100€ annual renewal.
  • Startup: 400€ one-time, 150€ annual renewal.
  • Growth: 500€ one-time, 200€ annual renewal.
  • Premium: 600€ one-time, 250€ annual renewal.
  • Custom Websites: 10% of project cost, minimum 500€ (e.g., 750€ for a 7,500€ Enterprise site).
• Procedure: Submit a written request (e.g., email to support@8digit.lu); branding is removed within 7 days of payment confirmation.

5.4 Compliance and Enforcement

• Unauthorized removal of branding triggers:
  • Immediate written notice to restore within 7 days (e.g., “Branding removed on June 1, restore by June 8”).
  • Service suspension if unresolved after 14 days (e.g., site offline June 15).
  • Termination and legal action if non-compliance persists (e.g., after June 30).

6. Payment and Billing

6.1 Terms

• Subscription Plans: Auto-billed monthly or annually (annual plans receive 1 month free, e.g., 11 months’ cost for 12 months’ service).
• Custom Projects: 50% deposit upon signing, 50% upon completion, unless agreed otherwise (e.g., 3 milestones for Enterprise projects).
• Add-ons: Billed with your subscription (e.g., M365 added to monthly invoice) or as one-time fees (e.g., e-commerce setup).
• Methods: SEPA direct debit, Visa/Mastercard, or bank transfer (manual for invoices over 1,000€).

6.2 Due Dates and Late Fees

• Due: 15 days for one-time invoices (e.g., Custom Website payment), 30 days for subscriptions (e.g., July fee due August 30).
• Late Fees:
  • 30 days overdue: 5% of invoice + 10€ admin fee (e.g., 5€ + 10€ on 100€).
  • 45 days overdue: Additional 5% + suspension warning (e.g., “Pay by July 15 or face suspension”).
  • 60 days overdue: Suspension and debt collection proceedings (e.g., site offline, referred to agency).

6.3 Large Invoices

• Invoices over 5,000€ may be split into 3–6 monthly installments with 2% interest, subject to credit approval (e.g., 6,000€ over 3 months = 2,040€/month).

6.4 No Refunds Policy

• Payments are non-refundable, including for unused subscription periods, early termination, or dissatisfaction (e.g., cancelling mid-month), except as required by Luxembourg consumer law (e.g., 14-day cooling-off for consumers).

7. Termination and Suspension

7.1 Termination

• By Either Party: 30 days’ written notice via email (support@8digit.lu) or registered mail.
• By 8digit: Immediate termination for:
  • Material breach (e.g., 60 days non-payment, hosting illegal content).
  • Bankruptcy or insolvency proceedings against you (e.g., court filing).
  • Breach of Terms of Service
• Post-Termination:
  • Data Access: 30 days to retrieve Customer Content/Data (e.g., via FTP download).
  • Data Deletion: Erased after 30 days unless retained for legal reasons (e.g., tax compliance).

7.2 Suspension

• Causes:
  • Non-payment (after 45 days, e.g., site offline August 15 for June invoice).
  • Usage violations (e.g., exceeding limits post-notice, hosting malware).
  • Illegal or harmful content (e.g., hate speech detected June 1).
• Reinstatement: Upon resolution + 50€ reactivation fee (e.g., payment clears, site back online within 24 hours).

7.3 Early Termination Fees

• Subscription Plans: Remaining months’ fees pro-rated (e.g., 6 months left on Growth = 6 × 149€).
• Custom Projects: Fees for work completed + 20% of remaining contract value (e.g., 50% done on 5,000€ project = 2,500€ + 500€).

8. Liability and Indemnification

8.1 Limitation of Liability

• Cap: Limited to fees paid in the prior 12 months (e.g., 1,788€ for a year of Premium).
• Exclusions: No liability for:
  • Indirect damages (e.g., lost profits from downtime, reputational harm).
  • Third-party acts (e.g., hacking not due to 8digit’s fault).
  • Customer negligence (e.g., failure to secure passwords).

8.2 Indemnification

• You indemnify 8digit against claims arising from:
  • Your misuse of Services (e.g., uploading pirated software).
  • False statements damaging 8digit’s reputation (e.g., public defamation).
  • Legal violations (e.g., GDPR breaches due to your unconsented data collection).

9. Force Majeure

• Events: Natural disasters (e.g., floods), war, cyberattacks (e.g., DDoS beyond our control), or government restrictions (e.g., internet shutdowns).
• Impact: Performance obligations are suspended; we’ll notify you (e.g., “Services paused due to storm damage”) and resume promptly.

10. Amendments

• Process: Changes notified 30 days in advance via email or website (e.g., “New ToS effective July 1, 2025”).
• Acceptance: Continued use post-effective date implies consent; terminate within 30 days if you disagree (e.g., by June 30).

11. Dispute Resolution

• Governing Law: Luxembourg law applies.
• Steps:
  1. Negotiation (30 days, e.g., email discussions).
  2. Mediation in Luxembourg (e.g., via a neutral third party).
  3. Courts of Luxembourg City (e.g., Tribunal d’Arrondissement).

12. Miscellaneous

• Severability: Invalid provisions don’t affect the rest (e.g., one clause struck, others remain).
• Entire Agreement: Supersedes all prior agreements (e.g., verbal promises).
• Notices: Via email (support@8digit.lu) or registered mail.

Contact Us

Reach us at support@8digit.lu or +352 20 60 09 50 during business hours (8:00–17:00 CET, Monday–Friday).

Thank you for partnering with 8digit.lu!