top of page

Website Subscription Services

1. Agreement to Terms

By subscribing to and utilizing the services provided by Luminous Black Design ("we," "us," or "our"), a creative agency in Queensland, Australia, you ("the Customer" or "you") agree to be bound by these Terms and Conditions ("Terms"). Please read them carefully. These Terms govern your access to and use of our subscription services, including but not limited to website maintenance, website management, website staff training, search engine optimization (SEO) management and implementation, blog writing optimization, and electronic direct mail (EDM) creation (collectively, the "Services").

2. Subscription and Services

2.1. Subscription: Your subscription to our Services will commence on the date you sign up and will continue on a fortnightly basis until terminated in accordance with these Terms.

2.2. Services Provided: The specific Services included in your subscription plan are as outlined during the sign-up process. We reserve the right to modify or update the scope of our Services from time to time, provided that such changes do not materially decrease the overall value of the Services you are receiving during your current subscription period.

2.3. Features: Certain features, such as those listed as "Website Maintenance," "Website Management," "Website Staff Training," "SEO Management & Implementation," "Blog Writing Optimisation," and "EDM Creation," may be optional, case dependant or form part of specific subscription tiers. The availability and scope of these features will depend on your chosen subscription plan. These features are not availible on all plans, please ensure you review each plans inclusions thoroughly.

2.4 Website Maintence: Updates from WIX may occur, that may impact the way your connect or use your currentWIX intergrations. We provide ongoing maintence to ensure your not effect by these updates. We additionally, help with problems that occur on your website such as recovered deleted pages, removing pages or unwanted content.

2.5 Website Management: We provided a limited management of your website, this means we help add events, subscriptions and content but are not souly responsible for the services you provide. Our Role is to provide you expert assistance and help you take the grunt work out of the overall process dependent on size and limitations detemined by us.

2.6 Website Staff Training: We offer necessary staff training based on how much they work with your business. However, we believe it's important for many of your staff to receive this training, even if they don't use the website much. Because of this, we suggest online group training instead of individual sessions. If only one person manages your website, we recommend you learn with them. We typically provide initial comprehensive training for a group and then assist again when new staff join. We reserve the right to deny training should it occur to often within the payment period. 

2.7 SEO Management & Implementation: Everytime a page, post or even is created it creates information require to found on Search Engines like Google, Bing and More. We help ensure that each new addition or page has the correct SEO making you easier to be found on the world wide web!

2.8 We understand that blog writing can be tricky to start of with, we assist with turning text walls into engaging blogs through WIX Blogs. It should be recognised we do create or write the blogs but instead take the information you provide and transform it into a blog. We limit to 5 blogs per week (10 Total based on payment period). The final edits or refinement of the blogs design it to be overseen by you and published by you. We take no responsibility for the content or the posting of content.

2.9 EDM Creation: Your able to request EDM template that suit your business needs at any point following the same limit as blogs (5 per week) - (10 per payment period). It's important to note that we are not responsible for the creation of the content within the post but rather the structure layout and based on the needs of the client links to relevant to event or pages. Additionally, we are happy to review and provide tips or refinements of EDM you create.

3. Customer Obligations

ormation Accuracy: You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete.

 

3.2. Access and Cooperation: You will provide us with all necessary access to your website, systems, and personnel as reasonably required for us to provide the Services. You agree to cooperate with us in a timely and efficient manner.

3.3. Content Responsibility: You are solely responsible for the content of your website, blogs, and EDMs. You warrant that your content does not infringe upon the intellectual property rights of any third party, is not defamatory, unlawful, or otherwise objectionable. We do not provide content we only assist in the technical applications that help your content feature through Search Engines.

3.4. Staff Training: For website staff training services, you are responsible for ensuring the availability of your staff for scheduled training sessions.

4. Fees and Payment

3.1 : Information Accuracy: You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete.

 

3.2. Access and Cooperation: You will provide us with all necessary access to your website, systems, and personnel as reasonably required for us to provide the Services. You agree to cooperate with us in a timely and efficient manner.

3.3. Content Responsibility: You are solely responsible for the content of your website, blogs, and EDMs. You warrant that your content does not infringe upon the intellectual property rights of any third party, is not defamatory, unlawful, or otherwise objectionable. We do not provide content we only assist in the technical applications that help your content feature through Search Engines.

3.4. Staff Training: For website staff training services, you are responsible for ensuring the availability of your staff for scheduled training sessions.

4. Fees and Payment

4.1. Subscription Fees: The fees for your subscription will be as quoted to you during the sign-up process or as otherwise agreed upon in writing. All fees are stated in Australian Dollars (AUD) and are exclusive of any applicable taxes unless otherwise stated.

4.2. Billing: You agree to pay the subscription fees in advance on a fortnightly basis, commencing on the date of your initial subscription. Continuing untill cancelled.

4.3. Payment Method: You will provide us with a valid payment method (e.g., credit card, direct debit) and authorize us to charge the applicable subscription fees to your chosen payment method every two weeks.

4.4. Late Payments: If any payment is not received by the due date, we may, at our discretion, suspend or terminate your access to the Services. Late payment without reason may also incur $10 penalty admin fee.

4.5. Price Changes: We reserve the right to change our subscription fees at any time. We will provide you with reasonable notice of any such changes, and the new fees will apply to your next billing cycle.

5. Intellectual Property

5.1. Our Intellectual Property: All intellectual property rights in and to the Services, including our platform, software, tools, and methodologies, remain our sole and exclusive property. You are granted a non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes during the term of your subscription.  

5.2. Customer Content: You retain all intellectual property rights in and to your website content, blog posts, and EDM content. You grant us a non-exclusive, worldwide, royalty-free license to access, use, reproduce, process, modify, and transmit your content as necessary to provide the Services to you.

6. Confidentiality

Each party agrees to keep confidential the other party's confidential information and not to disclose it to any third party without the other party's prior written consent, except as required by law.

7. Term and Termination

7.1. Term: This Agreement will commence on the date you subscribe to the Services and will continue until terminated as provided herein.

7.2. Termination by Customer: You may terminate your subscription at any time through your account settings or by providing us with written notice. Upon termination by you, no refunds will be provided for any unused portion of your current billing period, and you will be liable for any outstanding costs for that current fortnightly period.

7.3. Termination by Us: We may terminate your subscription immediately upon written notice if you breach any material term of these Terms, including failure to pay subscription fees on time. We may also terminate your subscription for any reason by providing you with [Specify Notice Period, e.g., 14 days'] written notice. In the event of termination by us for reasons other than your breach, we will provide a pro-rata refund for any unused portion of your prepaid subscription period.

7.4. Effect of Termination: Upon termination of your subscription, your access to the Services will cease, and you will no longer be entitled to use them.

8. Disclaimer of Warranties

To the maximum extent permitted by law, the Services are provided on an "as is" and "as available" basis without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or completely secure.

9. Limitation of Liability

To the maximum extent permitted by law, the Services are provided on an "as is" and "as available" basis without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or completely secure.

10. Indemnification

You agree to indemnify, defend, and hold Luminous Black Design harmless from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Services, your content, or your breach of these Terms.  

11. Governing Law and Jurisdiction

These terms of disput mus located within Queensland, Australia, for the resolution of any disputes arising out of or relating to these Terms or the Services.  

12. Entire Agreement

These Terms constitute the entire agreement between you and Luminous Black Design regarding the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written.

13. Amendments  

We reserve the right to modify these Terms at any time. We will provide you with reasonable notice of any material changes. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms.

14. Contact Us

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

Luminous Black Design
admin@luminousblackdesign.com

bottom of page