Terms of Service
Please read these terms carefully before using our services. By engaging with Luminate Media, you agree to these terms and conditions.
1. Acceptance of Terms
By accessing or using any services provided by Luminate Media ("we," "our," "us"), you ("Client," "you") agree to these Terms of Service.
These terms apply to all projects, services, and interactions between Luminate Media and its clients.
If you do not agree to these terms, please refrain from using our services.
2. Services Provided
Luminate Media offers digital marketing and creative services, including but not limited to:
- Website design and development
- Search engine optimization (SEO)
- Digital advertising campaign management (Google Ads, Meta Ads, etc.)
- Website maintenance and hosting management
Any services not explicitly stated in a signed proposal or agreement will require a separate written quote.
3. Project Process and Client Responsibilities
- Project timelines begin only after all required materials (content, images, branding, logins, etc.) are received from the Client.
- Clients agree to provide feedback and approvals within 5 business days of each deliverable.
- Delays in communication or asset delivery may result in adjusted deadlines or additional fees.
- Luminate Media reserves the right to pause a project if communication lapses for 14 days or more.
4. Payment Terms
- A 50% non-refundable deposit is required to begin any new project.
- The remaining 50% balance is due before website launch, campaign activation, or file delivery.
- For ongoing services (e.g., SEO, advertising, maintenance), payment is due monthly in advance.
- Late payments may result in project suspension or a 5% weekly late fee.
- All invoices are payable in USD unless otherwise specified.
5. Ownership & Intellectual Property
- All code, design files, and intellectual property created by Luminate Media remain the property of Luminate Media until the project has been paid for in full.
- Upon full payment, the Client gains ownership of the final deliverables (website, designs, reports, etc.), excluding proprietary code, plugins, or frameworks.
- Any custom code or internal tools developed by Luminate Media remain our intellectual property unless purchased outright under a separate agreement.
- Luminate Media retains the right to display completed work in its portfolio or marketing materials unless confidentiality is requested in writing.
6. Hosting & Maintenance
- Hosting can be included as part of a maintenance plan or managed by the Client directly.
- Maintenance plans typically include software updates, backups, uptime monitoring, and minor content changes.
- Luminate Media is not responsible for hosting issues or downtime caused by third-party providers.
- If hosting is managed by Luminate Media, the Client agrees to pay a recurring monthly fee as stated in their agreement.
- If hosting or maintenance fees are not paid on time, Luminate Media reserves the right to temporarily suspend website access.
7. Post-Launch Support
- Each website project includes 30 days of complimentary support for bug fixes and small adjustments directly related to our original work.
- After this period, further updates, edits, or fixes will be billed under a maintenance plan or hourly rate.
- Luminate Media is not responsible for technical issues, errors, or security breaches occurring more than 60 days (2 months) after deployment, unless a maintenance agreement is in place.
8. SEO & Advertising Disclaimers
- SEO and advertising results vary based on factors such as competition, algorithm changes, and market conditions.
- Luminate Media does not guarantee specific keyword rankings, traffic levels, or ROI from marketing efforts.
- All paid advertising budgets (Google, Meta, etc.) are paid directly by the Client unless otherwise agreed.
- Luminate Media is not liable for account suspensions, ad rejections, or platform errors caused by third-party services.
9. Client-Provided Content
- The Client is responsible for providing all text, images, and other materials necessary for the project unless otherwise agreed.
- All materials provided by the Client must be properly licensed and not infringe on any copyright or intellectual property rights.
- Luminate Media is not liable for any copyright violations resulting from Client-provided content.
- Photography or custom photo sessions can be provided at an additional cost specified in the proposal.
10. Revisions & Scope Changes
- Each project includes a set number of revision rounds, as defined in the proposal.
- Additional revisions or major changes beyond the original scope will incur additional charges.
- Once a deliverable is approved, further changes are considered new work and will be quoted separately.
11. Termination & Cancellation
- Either party may terminate a project by providing written notice.
- Deposits are non-refundable once work has begun.
- If the Client terminates a project mid-way, payment for all completed work to date will be due immediately.
- Ongoing monthly services require 30 days' notice for cancellation.
12. Liability Limitation
Luminate Media provides all services "as is" without any warranty, express or implied.
We are not liable for:
- Loss of revenue, data, or profits.
- Security breaches or hacking after project delivery.
- Downtime caused by third-party hosts or platforms.
- Client misuse or unauthorized modification of website files.
Our total liability is limited to the total amount paid by the Client for the specific project or service.
13. Confidentiality
Both parties agree to treat all project-related information as confidential and not share it with third parties without prior consent.
14. Governing Law
These Terms of Service are governed by and interpreted under the laws of the United States. Any disputes will be handled in the appropriate courts.
15. Updates to Terms
Luminate Media reserves the right to update these Terms of Service at any time. The latest version will always be available on our website.
16. Agreement
By using our services, submitting payment, or signing a proposal, the Client acknowledges they have read, understood, and agreed to these Terms of Service.
Questions About These Terms?
If you have any questions about these Terms of Service, please don't hesitate to contact us.
Email: hello@luminatemedia.co
Phone: +1 (510) 901-8836
Luminate Media LLC
© 2025 All Rights Reserved.