Agreement to Terms
These Terms of Service ('Terms') constitute a legally binding agreement between you ('User', 'Client', or 'you') and LUMINARE INFO SOLUTIONS PRIVATE LIMITED ('Luminare', 'Company', 'we', 'us', or 'our') regarding your use of our website, services, and products. By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.
Description of Services
Luminare provides technology consulting and development services, including but not limited to: cloud infrastructure solutions, data analytics and business intelligence, custom software development, technology training, recruitment services, digital transformation consulting, system integration services, and ongoing technical support and maintenance. Our services are provided on a project basis or through ongoing service agreements as mutually agreed upon.
Eligibility and Account Registration
Eligibility Requirements
You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or your organization. If you are using our services on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.
Account Information
You are responsible for maintaining accurate and up-to-date account information. You must protect your account credentials and notify us immediately of any unauthorized access or security breaches.
Service Agreements and Scope
Project Scope
Each project or service engagement will be governed by a separate Statement of Work (SOW) or Service Agreement that outlines specific deliverables, timelines, pricing, and terms. These documents are incorporated by reference into these Terms.
Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of our services with reasonable notice. Material changes to ongoing services will be communicated in advance and may require mutual agreement.
Payment Terms and Pricing
Pricing and Invoicing
Service fees are specified in the applicable SOW or Service Agreement. Invoices are typically issued monthly or upon project milestones as agreed. All fees are exclusive of applicable taxes, which are your responsibility.
Payment Terms
Payment is due within 30 days of invoice date unless otherwise specified. Late payments may incur interest charges at 1.5% per month. We reserve the right to suspend services for overdue accounts.
Refund Policy
Refunds are handled on a case-by-case basis and depend on the nature of services provided. Work completed in good faith is generally non-refundable, but we will work with clients to resolve any legitimate concerns.
Intellectual Property Rights
Client Data and Content
You retain ownership of all data, content, and intellectual property you provide to us. You grant us a limited license to use this information solely for providing our services to you.
Luminare IP
We retain ownership of our proprietary methodologies, tools, frameworks, and any pre-existing intellectual property. Custom developments created specifically for you will be owned by you as specified in the applicable SOW.
Third-Party Components
Our solutions may incorporate third-party software or services. You are responsible for complying with applicable third-party licenses and terms of use.
Confidentiality and Data Protection
Mutual Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of our business relationship. This obligation survives termination of our agreement.
Data Security
We implement industry-standard security measures to protect your data. However, you acknowledge that no system is completely secure, and we cannot guarantee absolute protection against all security threats.
Data Processing
We will process your data in accordance with our Privacy Policy and applicable data protection laws. You are responsible for ensuring you have the right to share any data with us.
Warranties and Disclaimers
Service Warranty
We warrant that our services will be performed in a professional manner consistent with industry standards. We will remedy any material non-conformance at no additional cost if reported within 30 days.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED, OUR SERVICES ARE PROVIDED 'AS IS' WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Technology Limitations
You acknowledge that technology solutions may have inherent limitations and that we cannot guarantee specific performance outcomes or business results.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUMINARE'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.
Indemnification
You agree to indemnify and hold harmless Luminare from any claims, damages, or expenses arising from: (a) your use of our services in violation of these Terms, (b) your violation of any law or third-party rights, (c) any content or data you provide to us, or (d) any modifications you make to our deliverables without our involvement.
Termination
Termination Rights
Either party may terminate ongoing services with 30 days written notice. We may terminate immediately for material breach, non-payment, or if continuation would violate applicable law.
Effect of Termination
Upon termination, you must pay all outstanding fees for services rendered. We will provide reasonable assistance in transitioning services, subject to additional fees. Confidentiality obligations survive termination.
Force Majeure
Neither party shall be liable for delays or failures in performance due to circumstances beyond their reasonable control, including but not limited to natural disasters, government actions, pandemics, cyber attacks, or infrastructure failures. We will make reasonable efforts to minimize any impact and resume normal operations.
Governing Law and Dispute Resolution
Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes will be subject to the exclusive jurisdiction of the courts in San Francisco County, California.
Dispute Resolution
We encourage resolving disputes through direct communication. If formal resolution is needed, disputes will be resolved through binding arbitration under the rules of the American Arbitration Association, except for claims seeking injunctive relief.
General Provisions
Entire Agreement
These Terms, together with any applicable SOW or Service Agreement, constitute the entire agreement between the parties and supersede all prior agreements and understandings.
Modifications
We may update these Terms from time to time. Material changes will be communicated with reasonable notice. Continued use of our services after changes constitutes acceptance of the updated Terms.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Assignment
You may not assign these Terms without our written consent. We may assign our rights and obligations to any affiliate or in connection with a business transfer.
Contact Information
For questions about these Terms of Service, please get in touch. Email us at contact@luminareinfo.com, or use our contact form.