Terms & conditions

Article 1 — Definitions and applicability

"We" means Avanta Systems (trading as Loxhelp), registered in Zwolle, Netherlands (KvK 97761362). "Client" means any natural or legal person who places an order with us. "Agreement" means the contract between the parties for the provision of Loxone Config programming and related services.

These Terms apply to all our offers, orders and agreements. They are available at any time at www.loxhelp.com/en/terms.

Article 2 — Offers and contract formation

All our offers are non-binding and valid for 30 days unless explicitly stated otherwise. No rights can be derived from obvious errors or oversights in the offer.

A contract is formed only when the Client accepts our offer in writing (including by email) or when we confirm the order in writing. Verbal commitments only become binding upon written confirmation.

Article 3 — Pricing and payment

All amounts are in Euro and exclusive of VAT, unless stated otherwise. For orders exceeding € 2,000 we apply 30 % advance payment and 70 % on delivery as standard.

• Payment term: 14 days from invoice date.
• Late payment: In case of late payment we may suspend work without further notice and charge statutory interest plus reasonable extrajudicial collection costs.
• Set-off / retention: The Client can only set off claims that we have acknowledged or that have been determined by a court of competent jurisdiction.

Article 4 — Performance of the agreement

We perform the agreement to the best of our knowledge and ability. Timelines and lead times are non-binding indications unless we have expressly agreed binding deadlines. We work remotely unless otherwise agreed.

We may engage subcontractors and assistants without further consent of the Client to the extent necessary for performance of the agreement and exercising due care.

Article 5 — Client obligations

The Client provides us in good time with all information, data and access required to perform the agreement, including:

• Remote access to the Loxone Miniserver or required configuration files (e.g. cloud connection, VPN, Loxone Cloud key)
• Requirements and functional descriptions (briefing, rooms, scenes, hardware list)
• A point of contact with decision-making authority
• Existing documentation or predecessor configurations, where available

Delays or extra costs resulting from missing or incorrect Client cooperation are at the Client's expense.

Article 6 — Changes and additional work

Changes to the scope of work are discussed in advance. If they affect price or timeline, we record this in a written change-order which the Client must approve before we perform the additional work. Without such approval we will not perform additional work.

Article 7 — Consumer right of withdrawal

Consumers (natural persons contracting for private purposes) have the right to withdraw from the agreement within 14 days of contract formation without giving reasons. Withdrawal must be communicated by email to info@loxhelp.com.

If we begin performance at your express request before the withdrawal period ends, you owe us a proportionate amount for the work performed up to the point of withdrawal. The right of withdrawal lapses upon full performance before the end of the withdrawal period.

For business clients (B2B) there is no right of withdrawal.

Article 8 — Liability

Our liability is limited to the amount paid out by our professional liability insurance in the relevant case, or — in the absence of such insurance — to the amount of the relevant invoice (with an absolute maximum of € 25,000 per claim, unless mandatory law prescribes higher liability).

We are not liable for: damage to hardware, damage caused by acts of third parties (including Loxone Electronics GmbH), consequential or indirect damages, loss of data or business, or damage caused by missing or insufficient cooperation of the Client.

The above limitations of liability do not apply in case of intent or gross negligence on our part, or for damages where mandatory law (e.g. product liability, personal injury) does not permit limitation.

Article 9 — Force majeure

In case of force majeure we are entitled to suspend performance without being liable for damages. Force majeure includes — in addition to what is generally recognised as such — outage of cloud / hosting providers (Vercel), outage of third-party services (Resend, Loxone Cloud), serious security incidents, pandemic-related disruptions and prolonged absence of key personnel.

If force majeure lasts longer than 60 days, both parties may terminate the agreement with immediate effect by written notice. Work already performed will be invoiced based on time spent.

Article 10 — Intellectual property

The delivered Loxone Config file becomes the property of the Client upon full payment. We retain the right to reuse generic logic, methods, libraries and insights developed during the project in other projects, provided no confidential information of the Client is disclosed.

"Loxone" is a registered trademark of Loxone Electronics GmbH. We use it descriptively only and are not affiliated with Loxone Electronics GmbH.

Article 11 — Confidentiality

Both parties undertake to keep confidential all confidential information they obtain from the other party in the context of the agreement. The obligation applies for the duration of the agreement and 5 years thereafter.

For partner collaborations we will sign a separate NDA (Non-Disclosure Agreement) on request before discussing project details.

Article 12 — Data protection

Processing of personal data in the context of our service is carried out in accordance with our privacy policy (www.loxhelp.com/en/privacy) and the provisions of the GDPR. To the extent we process personal data on behalf of the Client, the parties enter into a data processing agreement under Article 28 GDPR.

Article 13 — Termination

The agreement ends automatically on full performance of the agreed services, or by ordinary termination with 30 days notice to the end of the calendar month.

We may terminate the agreement with immediate effect in case of: serious breach of cooperation obligations by the Client, payment delay of more than 30 days, or insolvency proceedings. Work already performed will be invoiced based on time spent.

Article 14 — Complaints

Complaints about the delivered service must be raised in writing (by email to info@loxhelp.com) within 14 days of delivery, with concrete identification of the points complained of. Without a timely complaint, the services are deemed accepted.

We confirm receipt of a complaint within 5 working days and respond substantively within 4 weeks.

Article 15 — Modifications to these Terms

We may amend these Terms. Changes affect existing agreements only if the Client agrees in writing or mandatory law requires it. The current version is available at www.loxhelp.com/en/terms with the date of last update.

Article 16 — Applicable law and dispute resolution

Dutch law applies to all agreements, with exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Disputes are submitted to the competent court in our place of registration (Zwolle), subject to mandatory consumer protection rules.

Consumers can also use the European Commission Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/.