Table of Contents
1. Introduction
Lumins Web, Design & Marketing, hereinafter referred to as “Lumins” or “Lumins NZ,”. Throughout this legal document, “I,” “we,” or “us” refers to Lumins and/or owner. The term “you,” “client,” or “customer” refers to [Clients Name/Billing Name].
Lumins Terms & Conditions are subject to change.
2. Money Back Guarantee
a. The Money Back Guarantee is limited to standard website designs and does not apply to any other services, including custom website designs.
b. The guarantee is limited and applies only if the final standard website design does not resemble the client-selected mock-up design, with the exception of changes and branding customization.
c. The guarantee does not cover additional work completed or required to finalize the website.
d. The guarantee does not include a change of mind.
e. Only available until the website is made live (i.e., connected to domain and hosting).
3. Website Launch upon Completion
a. Your website will be launched promptly upon completion and final payment, connected to your hosting server, with the attachment of your domain name.
b. If you are on a monthly payment plan: Full payment is not required for immediate website launch; however, regular monthly payments must be made by the due date to maintain the website’s accessibility to customers and visitors.
4. Transfer of Website Ownership
a. Lumins retains ownership and control of your website and all related assets until we receive your final payment. This ownership serves as limited liability collateral for the outstanding amount owed.
b. During this period, you will be granted editor access or lower to your website, allowing you to make changes, add products, and utilize the user-friendly website and shop editor.
c. If you are on a payment plan, the website will be hosted and made live on our server until final payment is received.
5. Right to Refuse Service
a. Lumins reserves the right to refuse further service in certain cases, including but not limited to instances of client abuse, non-payment, or excessive demands. Depending on the circumstances and the amount of work already completed, a full or partial refund may apply.
6. Cost of Service Breakdown
a) Total Time
i) Our standard service follows a cost breakdown based on the time spent, typically utilizing an hourly system and markup of service. We divide the time allocated to working for your business into two essential labor pools, both of which are required and significant:
(1) Direct Work
(a) Direct work refers to time spent directly on creating your product or service. This includes designing website mock-ups, building functional websites based on the selected mock-up design, and completing the front and back end of your final website design and build.
(2) Support and Prep Work
(a) Equally important, although less quantifiable, support and prep work form the foundation on which direct work is based. This encompasses all time spent on auxiliary tasks related to your business. Such tasks include communication with you, our client (including written correspondence, phone calls, and in-person meetings), administrative work (such as creating invoices, updating customer records, and note-taking), and preparation (including research, brainstorming, layout selection, and page structure planning).
7. Extra Work
a. Any extra work required must be approved by you, the client.
b. In the event that four hours of extra work have been completed, payment for this work must be made immediately, or a payment plan must be established, before any further extra work can proceed.
c. If your site necessitates coding, which falls under custom work, it will be considered extra work charged at a rate of $30-45 per hour.
d. Extra work encompasses providing solutions to the client, including coding on the website and additional revisions. However, the hourly rate encompasses all time spent on tasks related to your business, including communication (including written correspondence), administrative tasks (such as invoicing), and preparation (including research and brainstorming). On average, the time spent on these tasks is equivalent to the time spent on direct work (with a 1:1 ratio). Therefore, the minimum time spent on any extra work is one hour in total (including both direct work and support/preparatory work).
e. Extra Work is not subject to Refund/Money-Back Guarantee.
8. Payment Terms and Conditions
a. Standard Payment Plan:
i. 50% Initial Deposit
ii. 25% at halfway mark
iii. 25% at completion (prior to launch)
b. Extra Work: To be paid in Advance
c. Payment Reminders:
i. We will provide you with a reminder at least 1 day in advance (depending on priority completion level), or earlier if possible, of any upcoming payment due dates. Reminders will be sent via email, text message, phone call, or messenger, either as a quick reminder or an invoice.
ii. On the due day or shortly before, we will also notify you that your account is at immediate risk of failing to meet your financial obligations to us. Payment must be made promptly to avoid the addition of late fees.
d. Failure to pay by due date may result in:
i. Pause of all services provided by us to you
ii. Addition of a 10% late fee to your balance
iii. Delay of 5 to 7 business days in reallocating services upon late payment receipt.
iv. Transfer of overdue accounts to our debt collection agency after 7 days.
e. One-Time Only – Payment Time Extensions:
i. If you are unable to make payment by the due date, please contact us, and we may offer a one-time grace extension period of 7-14 days (depending on priority completion level). Please note that once the grace extension period has been utilized, further extensions cannot be granted.
f. Late Payment with Reminder Notice:
i. First Late Penalty: Any amount overdue past due-date will incur temporary suspension of any and all services with us, and you may also be charged a 10% late fee on your total balance.
ii. Second Late Penalty: If the overdue amount is past 7 days, your account will be transferred to a third-party legal agency to settle the account.
iii. Third Final Penalty: If the overdue amount is past 14 days, your account will be transferred to a 3rd party debt collection agency, and you will be responsible for all associated costs, including but not limited to any legal or financial costs incurred (including lawyer fees and/or court fees; as well as debt collection costs, and any related expenses incurred by Lumins and the debt collection agency in order to collect the amount you owe. Also, at this stage, your website and any related assets will be transferred to the collection agency or suspended while retaining our limited liability.
g. Additionally, your name and personal details may be registered as a credit defaulter with any and all applicable credit agencies in New Zealand.
h. For the purpose of context, 7 days here, include weekends, public holidays, and any other day.
i. If we are unable to contact you directly, leaving a message will be deemed as having made contact.
9. Our Limited Liability Policy
a. Limited Liability:
i. Our limited liability policy encompasses all potential worst-case scenarios, regardless of their likelihood. Our liability is strictly limited to delivering a service or product that meets your agreed-upon needs, as outlined in our terms and conditions.
ii. We explicitly state that we do not assume liability or responsibility for your business, website, or service beyond what is specified herein. Consequently, we waive all legal and financial liability, including any additional costs or losses you may incur, arising from any circumstance, including but not limited to negligence, forgetfulness, or breaches of terms and conditions of plugins, themes, or the website platform. This policy serves as an umbrella, safeguarding us against any lawsuits or liability.
b. Backup Integrity:
i. While we strive to ensure the health of your backups, including offline backups, in the event that any backup becomes corrupted without our knowledge, we are unable to take any action. However, it is important to note that such occurrences are exceptionally rare, affecting perhaps 1 in 10,000 users. We make every effort to maintain the integrity of your backup, but due to our limited liability policy, we cannot provide a 100% guarantee.
c. Website Breakdowns and Errors:
i. In the highly improbable scenario of your website breaking down, encountering errors, or experiencing issues related to software bugs, unresponsiveness, etc. (due to factors such as irregular maintenance and updates, security breaches, hacker attacks, malicious code, software incompatibility, or new plugin updates causing system failures), we cannot accept any liability. However, it is crucial to emphasize that such scenarios are highly unlikely. If such a situation were to arise, we can address it as part of extra work, charged at a rate of $25 per hour.
d. Responsibility and Liability Upon Website Completion:
i. Our responsibility and liability cease upon the completion of your website, including its management and maintenance, as well as any potential issues that may arise thereafter. We make every effort to ensure the optimal functioning of the website before completion. Once the website is finalized, you assume full responsibility for its upkeep and maintenance.
f. Maintenance and Servicing Packages:
i. However, we do offer maintenance and servicing packages on a monthly, quarterly, and semi-annual basis to keep your website in good working order. We provide both basic and full-service options.
ii. It is important to note that our maintenance services do not imply any liability or responsibility on our part for your website. The service plan solely includes general upkeep and maintenance, ranging from basic to full-service options.
g. Basic Support
i. Unless you were offered our initial 12-month basic support service; basic support is charged at our hourly rate. Currently for promotional purposes, our rate is between $25-$30 per hour (however our non-promotional rate is from $97 per hour).
ii. A maximum of a total of 3 hours within 12 months is included with our 12-month basic support service. Once the limit has been reached, it will be charged at our hourly rate as noted above.
iii. Basic support is limited to only answering questions and providing advice. Anything above that is not included in our basic support. For bugs, software issues, changes, etc., that will be an extra paid service from us, that you will need to contact us about. However, please note, we make sure we take all reasonable steps and appropriate precautions when we have completed your website to ensure it is in working order and with no problems.
10. Refund Policy
a. Apart from our money-back guarantee, we do not offer refunds for any other reason. This includes scenarios where the client changes their mind and no longer wants a website or design. In such cases, the client is responsible for paying the full cost. If the client changes their mind and requests a different design, requiring a new website design, they must pay for the original design work and then pay for the new website design job.
11. Revision Policy – Free Revisions + Paid Revisions
a. All services are subject to our Fair Use Agreement unless otherwise stated. Certain services/products may have specified limits, and if those limits are reached, the client will be informed about the development and presented with potential alternatives for how to proceed. However, if the client’s requests exceed our specified limits, for example, if the client requires further revisions beyond what is included and does not wish to pay for additional revisions, the website will be considered complete from our end. This protects us from excessive and unreasonable demands while ensuring that we provide our customers with quality options and ideas.
b. A limited number of up to 2 revisions/design inputs are included while your website is still being built. The first will be at the start, and the final one will be at the 50% mark.
c. Any revisions or changes requested after the 50% mark will not be included under our free revision policy. Such revisions will be considered extra work and charged at a rate of $25-49 per hour.
12. Timeline May Vary
a. The timeline provided is based on the average/general time spent on similar websites from our previous work. However, please note that if you require a website that exceeds the standard services provided within our set time or priority times, it may cause delays. While we strive to deliver the service/product within the indicated timeframe, unforeseen circumstances beyond our control could potentially extend the expected time frame, and we cannot guarantee the timeline indicated in that situation, and therefore is not subject to any money back guarantee. Nevertheless, we will make every effort to prevent such situations from occurring.
b. Start Date/Time: If there is a priority upgrade then this requires both Lumins and Client to be efficient and effective. We can only start the project once the client has completed our first Design Input Session Form and when we receive and acknowledge receipt of said form. At the 2nd and Final Design Revision Process, the time the client takes will not be taken into account. Time will then resume when Lumins receives and acknowledges receipt of the Client’s completed 2nd Design Input.
c. Slow Client Response: If a maximum of 1-2 weeks have passed since we requested your input, and we haven’t received your full and final input then, either:
d. Your website project will be suspended, and to reactivate a $200 excess will apply, or
e. We will proceed to the next stage of our process as is with the input we have already received; and if you then wish to provide further inputs, it will be done as extra work and charged accordingly.
f. The excess or extra work payment will need to be paid in full, prior to reactivating your account or to complete your further inputs.
g. Booking Time Prior to Start: Unless mentioned otherwise, our standard policy is the start date of the project will be 5-7 working days after the initial payment has been received.
13. Third-Party Software – i.e., plugins, themes, etc.
a. Installation, Setup, and Licenses:
i. We have taken precautions to minimize the possibility of malware or other malicious software or code being installed on your site. However, we cannot guarantee that all third-party software we install on your behalf is completely free of malicious code, malware, viruses, etc. Although we exercise due diligence, there is a small possibility of such occurrences.
ii. Software setup includes ensuring the correct functioning of the application and compatibility with your backend website system and any other applications you may be using. The base application will be tailored to your business and made ready for your use. Please note that software setup does not involve setting up your products and services within the software. This includes tasks such as adding products, categories, service details, and timing on a booking app. However, we will provide documentation to facilitate this process. If you require us to perform these tasks, additional charges may apply at our hourly rate. Additionally, while we take reasonable precautions, it is possible for different software to cause unexpected clashes, resulting in undesired outcomes. We cannot guarantee that clashes will not occur.
b. Licenses:
i. We offer limited licenses to premium software to our clients, with a non-liability disclosure attached. To provide high-quality websites and services at an affordable price, we generally do not include premium license subscriptions for our customers or service users. Before transferring ownership and management of the website to the client, we strive to ensure that all components are updated to the latest version available. However, due to unforeseen circumstances or time limitations, this may not always be possible. When your website is completed, we are unable to provide further updates to the premium software used. To update to a newer version of the premium software, you will need to either purchase a license key directly from the software creators, which guarantees updates for the chosen subscription period, or opt for our monthly, quarterly, or semi-annual WordPress maintenance plans. These plans include general servicing from basic to full, with a maximum of one update per month performed by us for all your plugins, themes, and core WordPress files, including premium plugins, to ensure smooth and secure functioning. Please note that while the software allows for updates with a subscription license, the version installed by us will remain usable indefinitely. Any issues arising from infrequent software updates are not covered under our liability.
14. E-Commerce Store/Booking App – Pages, T&Cs, and Products
a. Your shop/store page and all related shop pages (such as customer login, checkout, catalog, individual product pages, etc.) are considered as one unique page.
b. You are responsible for providing us with your own terms and conditions and shipping policy to be included on your website.
c. Adding and editing products/bookings by our staff is not included in the standard/custom e-commerce/booking app website design service. However:
i. Our staff can add and edit products/services for you as an additional service, which will be billed at $25 per hour.
ii. Alternatively, we will provide you with easy-to-follow instructional videos and manuals that will enable you to easily add, edit, and delete products in your shop.
15. Website Design Only Plan (i.e. No Package Deal)
a. You may need to purchase the essentials (such as themes, plugins, etc.) that we need for your website and provide us access.
16. Lumins Fair Use Policy
a) At Lumins, we strive to ensure that all eligible clients can access our services and receive a quality experience. To maintain fairness and reasonable usage, a Fair Use Policy applies to all our services unless otherwise specified.
b) If we feel that a client is using our web design or support services excessively, we reserve the right to apply additional charges, limit our services or cease production of our website.
i) Edit revision rounds to your site:
(1) We consider fair use that is included in your fixed price website to be 2 or less revisions prior to completing the website or part of the site. We will apply additional revision charges if they apply, in order to protect our time because we are a fixed-price service.
ii) Design revisions:
(1) We consider fair use to be a single design suggestion that is based on your suggested guidance upfront. If we deviate significantly from your specified preference, you can request continued design revisions without charge. If your design revisions are due to change or mind or omission of guidance when requested upfront, each redesign is subject to a fee of $250 per revision.
(2) If we determine, in our reasonable opinion, that your usage of our services is excessive and/or unreasonable, we may apply our Fair Use Policy. This may include contacting you to advise that your usage is in breach of our Fair Use Policy and may result in your job being charged at our hourly rate or altering your final design requirements to bring them within our Fair Use Policy.
(3) If your excessive or unreasonable usage continues after receiving a request to change to a pay-per-hour plan or alter the nature of the final design requirements, we may restrict, suspend, or cancel your services without further notice.
17. By paying this invoice/quote, you accept and agree to abide by our terms and conditions.