Terms of Service

1. Services

Luminest provides web design, website development, branding, search engine optimization (SEO), and ongoing website maintenance services for small businesses. The specific scope of Services for each project will be outlined in a written proposal or agreement provided to you before work begins.

We will make every reasonable effort to complete your project according to the agreed-upon timeline and specifications. However, timelines may be affected by factors outside our control, including delays in receiving content, feedback, or approvals from you.

We reserve the right to subcontract portions of the work to qualified professionals when necessary, while maintaining responsibility for the quality and delivery of the final product.

2. Payment Terms

Payment terms will be specified in your project proposal. Unless otherwise agreed upon in writing, the following terms apply:

• Project fees: A deposit may be required before work begins. The remaining balance is due upon project completion and before the website is launched, unless an alternative payment schedule has been arranged.
• Monthly maintenance: Maintenance fees are billed monthly and are due on the first of each month. The current standard rate is $100 per month, which covers hosting, security updates, content changes, and monthly analytics reporting.
• Late payments: Invoices not paid within 15 days of the due date may incur a late fee of 1.5% per month on the outstanding balance. We reserve the right to suspend Services until overdue payments are resolved.
• Payment methods: We accept payment via methods specified in your invoice. All fees are in U.S. dollars.

3. Client Responsibilities

To ensure timely delivery of your project, you agree to:

• Provide all requested content (text, images, logos, and other materials) in a timely manner
• Provide feedback and approvals within a reasonable timeframe during the design and development process
• Ensure that any content you provide does not infringe on any third-party intellectual property rights
• Communicate any changes to project scope or requirements as early as possible

Delays caused by late content delivery or feedback may result in adjusted timelines.

4. Intellectual Property

Upon full payment of all project fees, you will own the rights to the custom design, content, and assets created specifically for your project. This includes the visual design, page layouts, and any original written content we produce for you.

We retain the right to:

• Display the completed project in our portfolio and marketing materials
• Retain ownership of any proprietary code frameworks, tools, or processes used in the development of your website that were not created exclusively for your project
• Use general knowledge, techniques, and experience gained during the project for future work

Any third-party assets (such as stock photos, fonts, or plugins) used in your project are subject to their respective licenses. We will inform you of any third-party licenses that apply to your project.

5. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the engagement. This includes business strategies, customer data, login credentials, and financial information. This obligation survives the termination of the agreement.

6. Limitation of Liability

To the fullest extent permitted by law, Luminest shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or related to your use of our website or Services.

Our total liability for any claim arising out of or related to these Terms or our Services shall not exceed the total amount you paid to us in the twelve (12) months preceding the claim.

We are not responsible for any damages resulting from third-party services, hosting outages beyond our control, cyberattacks, or your failure to maintain adequate backups of your content.

7. Warranties and Disclaimers

We warrant that our Services will be performed in a professional and workmanlike manner consistent with industry standards. If any deliverable does not materially conform to the agreed-upon specifications, we will make reasonable efforts to correct the issue at no additional cost.

Except as expressly stated herein, our website and Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee specific results, such as search engine rankings or increased revenue, as outcomes depend on many factors beyond our control.

8. Termination

Either party may terminate the service agreement with 30 days' written notice. Upon termination:

• You are responsible for payment of all Services rendered up to the termination date
• Any outstanding project fees for completed work become immediately due
• If you have paid in full for a completed project, we will provide you with all files and assets necessary to transfer your website to another provider
• Monthly maintenance services will cease at the end of the current billing period
• We will make reasonable efforts to assist with a smooth transition, including providing access credentials and documentation

9. Indemnification

You agree to indemnify, defend, and hold harmless Luminest, its owner, employees, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or related to your use of our Services, your breach of these Terms, or your violation of any law or the rights of any third party.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Marion County, Indiana.

11. Changes to These Terms

We reserve the right to update or modify these Terms at any time. When we make changes, we will revise the "Last updated" date at the top of this page. Continued use of our website or Services after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

12. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms shall remain in full force and effect.

13. Contact

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