TERMS OF SERVICE

Terms of Service

Last Updated: January 22, 2025

These Terms of Service ("Terms") govern your use of the Lumen Technologies website (lumentech.com.au) and services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree, please do not use our services.

1. Acceptance of Terms

By using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Cookie Policy. These Terms apply to all visitors, users, and others who access or use our services.

We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of our services following any changes indicates your acceptance of the new Terms.

2. Services Description

Lumen Technologies provides the following services:

  • Website design and development
  • Mobile application development (iOS)
  • UI/UX design services
  • Website maintenance and support
  • Performance optimization
  • Digital consulting

Specific deliverables, timelines, and pricing will be outlined in individual project proposals or contracts.

3. Project Engagement

3.1 Proposals and Contracts

All projects begin with a detailed proposal outlining scope, deliverables, timeline, and pricing. Work will commence only after both parties have agreed to and signed the proposal or contract.

3.2 Client Responsibilities

Clients agree to:

  • Provide necessary materials, content, and feedback in a timely manner
  • Ensure all provided content is legally owned or licensed
  • Make timely payments as outlined in the agreement
  • Review and approve deliverables within agreed timeframes

3.3 Timeline and Delivery

While we strive to meet all agreed deadlines, timelines are estimates and may be affected by client delays, scope changes, or unforeseen circumstances. We will communicate any potential delays as soon as possible.

4. Payment Terms

4.1 Pricing and Invoicing

All prices are in Australian Dollars (AUD) unless otherwise stated. Payment schedules will be outlined in individual project agreements, typically requiring:

  • 50% deposit before work commences
  • 50% upon project completion and delivery

4.2 Late Payments

Invoices are due within 7 days of issue unless otherwise agreed. Late payments may incur interest charges of 2% per month or the maximum allowed by law.

4.3 Refunds

Deposits are non-refundable once work has commenced. Refund policies for specific circumstances will be addressed on a case-by-case basis.

5. Intellectual Property

5.1 Client Content

Clients retain all rights to content, materials, and information provided to us. By providing content, you grant us a non-exclusive license to use it for the duration of the project.

5.2 Final Deliverables

Upon full payment, clients receive full ownership rights to the final deliverables. We retain the right to use the work in our portfolio and marketing materials unless otherwise agreed in writing.

5.3 Third-Party Resources

Projects may include third-party resources (fonts, stock images, plugins, etc.) that require separate licensing. We will clearly identify such resources and assist in obtaining necessary licenses.

6. Warranties and Disclaimers

6.1 Quality Assurance

We warrant that all work will be performed with reasonable skill and care, and will function substantially as specified in the project agreement.

6.2 Support Period

Unless otherwise stated, we provide 30 days of complimentary support following project delivery to address bugs or issues directly related to our work.

6.3 Disclaimer

Our services are provided "as is" without any warranties beyond those explicitly stated. We do not guarantee specific results, traffic, conversions, or business outcomes.

7. Limitation of Liability

To the maximum extent permitted by law, Lumen Technologies shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from:

  • Use or inability to use our services
  • Unauthorized access to or alteration of your content
  • Third-party conduct or content
  • Any other matter relating to our services

Our total liability for any claim shall not exceed the amount paid for the specific service giving rise to the claim.

8. Termination

8.1 Termination by Client

Clients may terminate a project at any time by providing written notice. Upon termination, clients will be invoiced for all work completed to that point, plus any non-refundable expenses incurred.

8.2 Termination by Lumen Technologies

We reserve the right to terminate a project if:

  • Payment is not received as agreed
  • Client fails to provide necessary materials or feedback
  • Client engages in abusive or unprofessional conduct
  • Project scope significantly changes without mutual agreement

9. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the project. This obligation continues after project completion.

Confidential information does not include information that is publicly available, independently developed, or required to be disclosed by law.

10. Governing Law

These Terms are governed by the laws of Victoria, Australia. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

11. Miscellaneous

11.1 Entire Agreement

These Terms, together with any project-specific agreements, constitute the entire agreement between you and Lumen Technologies.

11.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

11.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

12. Contact Information

If you have any questions about these Terms of Service, please contact us: