These terms apply when LuminHive Labs Pty Ltd supplies website and AI software services to you. They’re written to be read, not to trap you. Nothing here takes away rights you have under Australian law.
1. Who you’re dealing with
LuminHive Labs Pty Ltd (ABN 58 700 000 746), a company registered in Victoria, Australia. In these terms, “we”, “us” and “our” mean LuminHive Labs Pty Ltd; “you” means the person or business we’re supplying.
2. What we agree to do
We’ll supply the services described in the proposal or quote we send you, with due care and skill, within a reasonable time, and fit for the purpose you’ve told us about. If we can’t meet a date we’ve given you, we’ll tell you as soon as we know.
Your quote sets out what’s included. Anything not in it is extra work, and we’ll agree the price with you in writing before we start it.
3. What you agree to do
- Give us the access, content and information we need, when we need it
- Make sure you own or have permission to use anything you give us — text, images, logos, data
- Pay our invoices by the due date
- Use the services lawfully
4. Your website, domain and accounts stay yours
You own your domain name, your website content, your customer data, your reviews and your business accounts. We’ll never hold them hostage. If you leave us, we’ll hand over access and cooperate with a transfer.
We own the underlying software, tools and templates we use to build things. You get a licence to use them for your business for as long as your subscription runs.
5. Prices and payment
Prices are as set out in your quote. We’ll invoice you as agreed there. If an invoice is overdue we may pause work after giving you reasonable notice, but we won’t delete anything.
We’ll give you a proof of transaction — an invoice or receipt showing our name, our ABN, the date, what we supplied and the price — for every transaction of $75 or more. You can ask for an itemised bill and we’ll provide one within seven days at no charge.
6. Changing or ending the agreement
If we need to change these terms or the services in a way that affects you, we’ll give you at least 30 days’ written notice. If you don’t accept the change, you can end the agreement before it takes effect and we’ll refund any amount you’ve paid for services you haven’t received.
You can end a subscription by giving us 30 days’ notice. We can end it by giving you 30 days’ notice. Either of us can end it sooner if the other seriously breaches these terms and doesn’t fix it within 14 days of being asked in writing.
Subscriptions don’t auto-renew silently. We’ll remind you before a renewal date and you can decline.
7. If something goes wrong
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures you’re entitled to cancel and to a refund for the unused portion, or to compensation for the reduced value. You’re also entitled to be compensated for any other reasonably foreseeable loss or damage. For failures that don’t amount to a major failure, you’re entitled to have the problem fixed within a reasonable time, and if we don’t, to cancel and get a refund.
To the extent permitted by law, and where our services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for failing to comply with a consumer guarantee is limited to supplying the services again, or paying the cost of having the services supplied again.
Nothing in these terms limits our liability where it would be unfair or unreasonable to rely on that limit, or where the law does not permit it.
8. Things outside our control
We rely on third-party services — hosting, email delivery, domain registrars, AI providers. If one of them fails, we’ll work to restore your service promptly and keep you informed. We’re not responsible for outages caused by a supplier or by events genuinely beyond our control, but this doesn’t affect your consumer guarantee rights.
9. Outbound calling
Some of our services can place outbound telephone calls on your behalf. If you use that capability, you must comply with the Do Not Call Register Act 2006 (Cth) and take all reasonable steps to ensure your employees and agents comply, in relation to any telemarketing calls made using the services. We’ll provide the tooling to check numbers against the Do Not Call Register, but the calls are yours and the obligation to call lawfully is yours.
10. Confidentiality
We’ll keep your business information confidential and only use it to provide the services. We’ll ask the same of you in respect of anything we share with you that isn’t public.
11. Privacy
We handle personal information in accordance with our Privacy Policy.
12. Which law applies
These terms are governed by the laws of Victoria, Australia, and the courts of Victoria have jurisdiction. If you’re in another Australian state or territory, you keep the benefit of any law of that place that applies to you.
13. Talking to us first
If you’re unhappy, email hello@lumin-hive.com and we’ll try to sort it out quickly. Nothing in this clause stops you going to a court, a tribunal, or the ACCC.