TERMS AND CONDITIONS OF BUSINESS
Luminary Software, LLC requests you to read this section carefully before accessing and utilizing this website or placing any order with us. By placing an order with Luminary, you signify your acceptance to all the terms and conditions laid by Luminary Software LLC.
WEB DESIGN AND DEVELOPMENT TERMS
- Agreement means the Project Proposal, Terms and Conditions and any other attached documents.
- Project means the scope and purpose of the Client’s identified usage of the work product as described in the Project Proposal.
- Services means all services and the work product to be provided to Client by Luminary Software as described and otherwise further defined in the Project Proposal.
- Final Deliverables means the final versions of Deliverables provided by Luminary Software and accepted by Client.
- Deliverables means the services and work product specified in the Project Proposal to be delivered by Luminary Software to Client.
- Client Content means all materials, writing, images or other creative content provided by Client used in preparing or creating the Deliverables.
- Third Party Materials means proprietary third party materials which are incorporated into the Final Deliverables, including without limitation stock photography or illustration.
- 50% of the agreed web design or development fees must be made by the client once he/she agrees to start the project with Luminary Software. The client has to make the payments in agreed breakdowns. The client needs to make the payment for the remaining amount after the project is completed.
- Luminary Software LLC reserves the right not to start the project work until the agreed partial payment is made in full.
- The deposit is not refundable if the web design and development project has started and the client terminates the project with no fault of Luminary Software.
- The cost of purchasing or creating any videos/ images, web hosting or domain registration is not included in the quoted fees of Luminary Software.
- Luminary Software requests its clients to provide full support from their end when their work of web design and development is going on.
- The clients are requested to furnish all the required information about their business including any specific photographs, logo, images and business aims with Luminary Software in the first week of the project.
- All the relevant information related to their business must be provided by the client on time so that the work is completed in the agreed deadlines. In case Client does not supply requested items or any other related information on time, Luminary Software holds the right to extend the agreed deadlines of the project.
- Clients are given the privilege to offer their inputs while Luminary Software works on their web design and development project. Luminary Software allows its clients the flexibility to discuss about any design changes that they want in the designing phase of their websites. After the design is approved, no change in design will be considered.
- In case the client requests ‘major’ or ‘additional’ changes that are not the part of the agreed scope, an extra fee will be charged to incorporate the changes.
- Luminary Software LLC entertains feedbacks from its clients while the subsequent phases of the project are being completed. The client should appoint a single point of contact to interact with Luminary Software on regular basis to expedite the feedback process.
- Luminary Software cannot be held responsible if there is a delay in work due to insufficient information or no support provided by the client. If there is a delay in work for more than 2 weeks or the project is stopped from client’s end for an indefinite period of time, Luminary Software holds the right to request the complete payment of the project.
- Clients will be given a period of 3 days to review the design and development work once it is completed. The client must report any discrepancies or changes within 3 days review period. If there is no notification from client about any unsatisfactory work, the project is deemed to have been approved.
- Luminary Software will invoice the client for the balance payment after the review period. Client must pay the remaining fees within 1 week of the invoice date.
- Luminary Software expects its clients to protect all the intellectual properties of Luminary Software. Any design work or confidential information including technical specifications, applications, pricing information must not be shared or passed to any third parties or outside agency without its consent.
MOBILE APPS PLAYSTORE CHARGES – These charges are paid directly by the client for hosting their apps with Google and IOS play stores.
1. Google Play Store – Google has a one time USD $25 registration fee which you need to pay before you can upload your app to Google play store.
2. IOS App store – Apple charges an annual fee of USD $99 to release the app to IOS play store.
These charges can be changed by the providers anytime.
CHANGES TO PROJECT SCOPE
- Change Request: If Client wants to change the Scope of Work after acceptance of this Agreement, Client shall send Luminary Software a written Change Order describing the requested changes in detail. Within 2 days of receiving a Change Order, Luminary Software will respond with a statement proposing availability, additional fees, changes to delivery dates, and any modification to the Terms and Conditions. Luminary Software will evaluate each Change Order at its standard rate and charges.
- Major Change: If Client requests are at or near 20% percent of the time required to produce Deliverables, or the value of the Scope of Services, Luminary Software shall be entitled to submit a new and separate Proposal to Client for written approval. Luminary Software shall not begin work on the revised services until he receives a fully signed revised proposal and any additional fees.
- Minor Change: If Client requests are not Major Changes, Client will be billed on a time and materials basis at Designers hourly rate of $55 per hour. Such charges shall be in addition to all other amount payable under this Agreement, despite any maximum budget, contract price or final price identified. Credence may extend or modify any delivery schedule or deadlines in the Agreement as may be required by such changes.
- Acceptance/Rejection: Client will have 4 days to respond in writing accepting or rejecting the new proposal. If Client rejects the proposal, Luminary Software will not be obligated to perform any services beyond those in the original Agreement.
- The above terms and conditions set forth the entire understanding between Luminary Software and the client for building a long term and successful business relationship.
ERRORS & LIABILITIES
- All design and development work especially websites created by Luminary Software will be ensured that they are all free of errors.
- All design and development work especially websites created by Luminary Software that contain any errors will be corrected by that of the staff at Luminary to ensure full delivery of a completed and working product to the client
- Luminary Software does not accept any responsibility for any losses or damages arising from errors or external unauthorised users within any website once gone “live”.
PAYMENT PROCESSING AND THIRD-PARTY GATEWAYS
Third-Party Responsibility: The User acknowledges and agrees that, in the case of the project involves website being an ecommerce site, booking site, or online store, the processing of payments will be conducted by a third-party payment gateway. Luminary Software does not control and is not responsible for the operation of such third-party payment gateways.
Issues with Payments: Any issues, disputes, or concerns relating to the payment process, including but not limited to, the deduction of payments, refund of payments, processing errors, or technical issues, are out of Luminary’s control. The User agrees that such matters are the responsibility of the third-party payment gateway provider and should be directed towards them for resolution.
Exclusion of Liability: To the fullest extent permitted by law, the Company disclaims all liability for any loss or damage that may arise from issues related to the payment process. The Company will not be liable for any failure or delay in processing payments, unauthorized transactions, or any other issue that may arise from the use of the third-party payment gateway.
SEARCH ENGINE OPTIMIZATION TERMS
- Luminary Software LLC expects its clients to abide by the following terms and conditions in order to achieve the best possible search engine optimization results.
- Before availing the SEO services of Luminary Software, the client must agree not to have created any duplicate sites, web pages, redirects or doorway pages. The company must not use any spamming techniques/ tools or has exchanged links which can impact adversely on the ranking of the website.
- Clients must understand that Luminary Software does not hold any control over the policies and ranking algorithms of search engines. You understand that search engines or the directory resources at their sole discretion, may exclude your website at any time. Some of the directory websites may reject or take months to list your website.
- Luminary Software will not be at fault if there are any fluctuations in the ranking of the website because of search engine ranking algorithm changes or competitors efforts.
- Websites may take several months for major search engines to index the client’s website.
- Reregistering and changing the content within the client’s website will ensure the search engine re-indexes the listing.
- Luminary Software does not guarantee NO.1 position or steady top rankings for the websites.
- Our Search Engine Optimization package does not include pay per click or any other paid directory or submission charges. Any extra services requested by client will include extra fees apart from the fees quoted for the requested SEO services.
- All SEO fees are payable in full, in advance and non refundable under any circumstances. In case there is a delay in monthly payment for more than two consecutive months, Luminary Software holds the right to stop the monthly SEO work for the website.
- Client may cancel the SEO project at any time. Please be informed that no refunds shall be made for remaining months or time left in a current month.
- Luminary Software requests its clients to keep the confidentiality of fees, services and other relevant information while availing their SEO services.
- Luminary Software cannot be held responsible for any change that is made to the website by any other agency that can affect its ranking on search engines.
- Luminary Software holds the right to withdraw its SEO services if the client uses unethical SEO techniques or if it finds that the client’s actions can tamper Luminary Software’s reputation and business prospects.
- If the client’s website goes offline for more than 7 consecutive days, Luminary Software can terminate the SEO services for the website.
Primary Communication Method: By agreeing to these terms of service, the User acknowledges and consents that the primary method of communication for all project-related matters with the Company will be via email. The Company maintains a diverse team located across different time zones in various parts of the world, including but not limited to, Canada, India, and Singapore. Considering the geographical dispersion, email is deemed the most efficient, reliable, and cost-effective method for the Company to maintain contact with the User.
Telephone Communication: Notwithstanding the above, if the User has any concerns, issues, or problems with the project that the Company’s team is unable to resolve by email, the User is entitled to contact the Company’s project managers via telephone support service during the Company’s office hours in the United States, which are defined as 9:00 AM to 5:00 PM Eastern Standard Time. The contact number for the telephone support service is (786) 772-3757.
Limitations on Direct Contact: Given the geographical considerations and differing time zones, direct telephone contact with the individual assigned to the User’s project may not be feasible or practical. The User agrees to the limitation that any telephone communication will primarily be with the Company’s project managers who are fully capable and equipped to handle any project-related issues that cannot be resolved via email.
Luminary Software LLC reserves the right to modify its terms and condition at any time without any prior notification.