The terms and conditions that govern your use of the Lumnio website and your engagement of our services. Governed by the laws of Victoria, Australia.
Lumnio is an IT services business operated by an individual sole trader based in Donnybrook, Victoria, Australia (ABN registered). We provide mobile app development, website development, SEO services, legacy app conversion and ongoing maintenance and support services.
References to "Lumnio", "we", "us" or "our" in these terms refer to the Lumnio business. References to "you", "client" or "your" refer to any person or entity that uses our website or engages our services.
By accessing or using the Lumnio website (www.lumnio.com.au), submitting an enquiry form, or engaging Lumnio for any service, you agree to be bound by these Terms of Service and our Privacy Policy.
If you are engaging our services on behalf of a business or organisation, you confirm that you have authority to bind that business or organisation to these terms.
We reserve the right to update these terms at any time. The current version will always be published on our website. Continued use of our website or services after any update constitutes acceptance of the revised terms.
Lumnio offers the following services, subject to a formal written agreement or proposal for each engagement:
The specific scope, deliverables, timeline and pricing for each service engagement will be set out in a written proposal or service agreement provided to you before work commences.
All quotes and proposals provided by Lumnio are valid for 30 days from the date of issue unless otherwise stated. Prices quoted are in Australian Dollars (AUD) and exclude GST unless explicitly stated otherwise.
Work will not commence until:
Any changes to the agreed project scope after work has commenced ("scope creep") may be subject to additional charges. We will always notify you in writing before proceeding with out-of-scope work and will not charge for additional work without your approval.
Unless otherwise agreed in writing, payment for project-based services is structured as follows:
For larger projects, a milestone-based payment schedule may be agreed and set out in the project proposal.
SEO retainer and maintenance plan fees are invoiced monthly in advance. The first month's payment is due before services commence. Ongoing invoices are issued at the start of each billing month.
Invoices are due within 14 days of issue unless otherwise agreed. Lumnio reserves the right to suspend work or services on accounts with overdue invoices. We may charge interest of 2% per month on amounts outstanding beyond 30 days.
If Lumnio is registered for GST, GST will be added to invoices at the applicable rate (currently 10%). GST registration status will be communicated in your proposal and invoices.
Upon receipt of full and final payment, Lumnio assigns to you all intellectual property rights in the custom work created specifically for your project, including source code, designs and content we have created.
Where deliverables include third-party components (such as open-source libraries, licensed fonts, stock images or third-party plugins), those components remain subject to their respective licences. We will identify significant third-party components in your project documentation.
We retain ownership of our pre-existing tools, frameworks, templates, methodologies and know-how. Where we use these as a basis for your project, we grant you a licence to use the resulting deliverable but not our underlying tools or methods.
Unless you request otherwise in writing, Lumnio reserves the right to display the completed project in our portfolio and marketing materials. We will never share confidential project details without your consent.
You confirm that any content, images, text, data or materials you provide to us for use in your project are owned by you or that you have the right to use them, and that their use will not infringe any third-party rights.
Successful project delivery depends on your active participation. By engaging Lumnio, you agree to:
Lumnio is not responsible for project delays caused by late feedback, unavailable materials or slow approvals on the client's part. In such cases, timeline adjustments may be made and communicated in writing.
Both parties agree to keep confidential any non-public information disclosed during the course of the engagement. This includes business strategies, technical specifications, pricing and client data.
Lumnio will not disclose your confidential information to third parties without your consent, except as required by law or as necessary to deliver your project (e.g. to a hosting provider).
You agree not to share Lumnio's unpublished methodologies, pricing structures or internal processes with third parties.
Confidentiality obligations survive the termination of any service agreement for a period of 2 years.
Lumnio warrants that:
After delivery and sign-off of any website or app project, Lumnio provides a 30-day bug fix period at no additional cost. Bugs are defects where the delivered product does not work as specified in the agreed scope. Changes or new features requested during this period are not covered under the bug fix warranty and will be quoted separately.
SEO results depend on many factors outside our control, including Google algorithm changes, competitor activity and industry competitiveness. We do not guarantee specific rankings, traffic levels or business outcomes from SEO services. We do guarantee transparent reporting and best-practice implementation.
Our website and the information on it are provided "as is". To the extent permitted by Australian law, Lumnio excludes all implied warranties not expressly stated in these terms.
To the maximum extent permitted by the Australian Consumer Law and other applicable laws, Lumnio's total liability to you for any claim arising out of or in connection with our services is limited to the total fees paid by you to Lumnio in the 3 months preceding the event giving rise to the claim.
Lumnio is not liable for any indirect, consequential, special or incidental loss including loss of profit, loss of revenue, loss of data or loss of business opportunity, even if we were advised of the possibility of such loss.
You may terminate a project or service at any time by giving written notice. You will be invoiced for all work completed up to the termination date, with any deposit applied to that amount. If the value of work completed exceeds the deposit paid, the balance is due within 14 days.
Monthly SEO and maintenance retainers may be cancelled with 30 days written notice. You will not be charged for the month following your notice period.
Lumnio reserves the right to terminate a project or service agreement if:
In the event of termination by Lumnio for cause, you will be invoiced for work completed to that date.
By using the Lumnio website, you agree to:
The content on our website (including text, images, logos and service descriptions) is owned by Lumnio and protected by Australian copyright law. You may not reproduce or republish our content without prior written permission.
While we make every effort to keep the website accurate and up to date, we do not warrant that the website will be error-free, uninterrupted or free from viruses.
These Terms of Service are governed by the laws of the State of Victoria, Australia. Both parties submit to the exclusive jurisdiction of the courts of Victoria for any disputes arising under or in connection with these terms.
These terms are subject to the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) to the extent it applies.
We prefer to resolve any issues quickly and informally. If you have a concern about our services or these terms, please contact us in the first instance:
Lumnio
Donnybrook, Victoria 3064, Australia
Email: [email protected]
We will acknowledge all complaints within 5 business days and aim to resolve disputes within 30 days. If we cannot resolve a dispute informally, either party may refer it to mediation through the Victorian Small Business Commission (VSBC) before commencing legal proceedings.