1. About these terms
LumaKode ("LumaKode", "we", "us") is a trading name of Right Web Solution. These terms apply to all services we provide to you ("you", the client) and to your use of lumakode.com.
Our services are for businesses only. By engaging us, you confirm that you're acting for a business, organisation or agency and not as a consumer, and that you're authorised to accept these terms on its behalf.
2. Proposals, quotes and scope
Before any work starts, we'll give you a written proposal or Statement of Work ("SOW") setting out the deliverables, fixed price, timeline and any assumptions. A quote is valid for 30 days unless it says otherwise.
Our agreement starts when you accept the proposal in writing (email is fine) or pay the deposit. If the SOW and these terms conflict, the SOW takes priority for that project.
3. Fixed-price services and changes
Our prices are fixed for the agreed scope. You'll never be charged for extra work you haven't approved in writing.
- If you ask for something outside the agreed scope, we'll send a written change request with the price and any effect on the timeline. Work on the change begins only once you approve it.
- Our published bundles (such as the Local Business Starter and E-Commerce Launch) cover the scope described at the time you order.
- Unless your SOW says otherwise, prices exclude third-party costs such as domain names, hosting, premium themes or plugins, Shopify subscriptions, app fees, stock media and paid advertising. We'll tell you about any such costs in advance.
- Prices are in US dollars unless stated otherwise and exclude any applicable taxes.
4. Payment
Unless your SOW sets a different schedule:
- A 50% deposit is due before work begins, and the remaining 50% is due on completion, before launch or final handover.
- Invoices are payable within 7 days of issue.
- If a payment is overdue, we may pause work until it's received, after giving you notice by email. Timelines move by the length of any pause.
5. Care plans and ongoing services
Monthly services such as the Maintenance Care Plan are billed monthly in advance and continue until cancelled. You can cancel at any time by email; cancellation takes effect at the end of the current billing month, and we don't refund partial months.
Care plans cover the services described for that plan. Work outside the plan, such as new features or recovery from a hack that happened before the plan started, is quoted separately.
6. Your responsibilities
To deliver on time, we rely on you to:
- provide content, branding, feedback and approvals promptly;
- give us the access we need (for example hosting, domain, CMS or store accounts);
- make sure you have the rights to any text, images, logos or data you give us; and
- check that content you publish complies with the laws and regulations that apply to your business.
If a project is paused for more than 60 days because we're waiting on you, we may invoice for the work completed so far and agree a new timeline when you're ready to continue.
7. Timelines, delivery and acceptance
The delivery dates in your SOW are commitments we plan around, provided you supply content, feedback and approvals on time. If we expect a delay on our side, we'll tell you as early as possible.
When we deliver a milestone, you'll have 5 business days to review it and report any material issues against the agreed scope. If you report none in that time, or if the work goes live, the milestone counts as accepted.
8. Ownership of code and deliverables
Once we receive full payment, you own the deliverables we create specifically for you, including custom code, designs and written content, and we transfer to you all our rights in them. Until then, you may review and test the work but not use it in production.
- Our existing tools: we may use our own pre-existing code libraries, components and know-how. We keep ownership of these, and we grant you a permanent, worldwide, royalty-free licence to use them as part of your deliverables.
- Third-party and open-source components (such as WordPress, Shopify themes, plugins and fonts) stay subject to their own licences, which we'll pass on to you where they're transferable.
- Handover: on full payment, we provide the source code, repositories, credentials and documentation for your project.
- Portfolio: we won't show your project or use your name publicly without your written permission.
9. White-label partnerships
When we work for an agency on a white-label basis, the agency owns the relationship with its end client. We won't contact the end client unless the agency asks us to, and our deliverables won't carry LumaKode branding, credits or links. Every white-label engagement is covered by a confidentiality agreement.
10. Confidentiality
Each of us will keep the other's confidential information private, use it only for the project, and share it only with people who need it and are bound by the same duty. This doesn't apply to information that is public, already known, independently developed or required to be disclosed by law. These duties continue after the project ends.
11. Data protection
Each of us will comply with the data protection laws that apply to us. Where we process personal data on your behalf, for example customer data in your store or CMS, we do so only on your documented instructions and will sign a data processing agreement on request. Our Privacy Policy explains how we handle personal data as a controller.
12. Third-party services
Your project may rely on services we don't control, such as hosting providers, Shopify, payment gateways, plugins and APIs. Their terms govern your use of them, and we're not responsible for their outages, security incidents, price changes or policy changes. We'll recommend reputable options and help you respond if something changes.
13. Our commitments and disclaimers
- We'll perform our services with reasonable skill and care, in line with good industry practice.
- If you report a defect in our work within 30 days of launch, we'll fix it at no extra cost. This doesn't cover changes made by others, third-party updates or new requests.
- No guaranteed results: we can't guarantee specific search rankings, traffic, leads or sales, because they depend on factors outside our control.
- Accessibility: we work to recognised standards such as WCAG 2.2 AA, but we can't guarantee that a website is free from legal claims under the ADA or similar laws, and our work isn't legal advice.
- Security: we use good security practices, but no website or system can be guaranteed completely secure.
14. Limitation of liability
To the extent permitted by law:
- our total liability arising from any project is limited to the fees you paid us for that project in the 12 months before the claim arose;
- we're not liable for indirect or consequential losses, or for loss of profits, revenue, business, goodwill or data; and
- you're responsible for keeping your own backups of content and data, unless backups are included in a care plan you subscribe to.
Nothing in these terms limits liability that can't be limited by law, such as liability for fraud, or for death or personal injury caused by negligence.
15. Indemnity
You agree to cover our reasonable losses arising from a claim that materials you provided to us (such as content, images, trademarks or data) infringe someone else's rights or break the law.
16. Ending a project
Either of us may end a project by giving written notice. You'll pay for work completed up to that date, and the deposit covers work already started. Ownership passes to you for any deliverables you've paid for in full. Either of us may end a project immediately if the other seriously breaches these terms and doesn't fix the breach within 14 days of being asked.
17. Events outside our control
Neither of us is responsible for delays or failures caused by events beyond our reasonable control, such as natural disasters, widespread outages of internet or hosting services, or government action. We'll keep each other informed and resume work as soon as possible.
18. Governing law and disputes
These terms and any project we take on are governed by the laws of India. If a disagreement arises, we'll first try to resolve it through good-faith discussion for at least 30 days. If it isn't resolved, the courts of India will have exclusive jurisdiction.
19. Using this website
The content on lumakode.com is general information about our services and isn't a binding offer; prices and scopes are confirmed in your proposal. We work to keep the site accurate and available but can't guarantee it will always be error-free or uninterrupted. Links to other websites are provided for convenience; we're not responsible for their content.
20. General
- Entire agreement: these terms, together with your proposal or SOW, are the whole agreement between us for each project.
- Changes: we may update these terms from time to time. The version in force when you accept a proposal applies to that project.
- Assignment: neither of us may transfer our rights under these terms without the other's written consent, except as part of a business sale or reorganisation.
- Severability and waiver: if any part of these terms is found unenforceable, the rest still applies, and not enforcing a right doesn't mean giving it up.
- Notices: notices under these terms may be sent by email to the addresses we each use for the project.
21. Contact us
Questions about these terms? Email hello@lumakode.com.