1. Acceptance of Terms
By accessing or using the services provided by Lunax Agency ("Lunax," "we," "us," or "our"), including but not limited to our website, AI chat assistants, web development, branding, and consulting services, you agree to be bound by these Terms of Service.
If you are entering into this agreement on behalf of a company or organization, you represent that you have the authority to bind that entity to these terms.
If you do not agree with any part of these terms, you must not use our services. Your continued use of the services constitutes acceptance of any updates to these terms.
We reserve the right to modify these terms at any time. Changes will be effective upon posting to our website. It is your responsibility to review these terms periodically.
2. Services Provided
Lunax provides digital agency services including: Web and application development, AI integration and automation, Brand identity and design, Motion graphics and animation, Content creation and social media management, Data analytics and business intelligence.
Specific deliverables, timelines, and requirements for each project are defined in individual project proposals and contracts, which form part of these terms.
We reserve the right to refuse service to anyone for any reason, and to discontinue or modify services at our discretion.
All services are provided on an "as-is" and "as-available" basis unless otherwise specified in a project contract.
3. Payment Terms
Pricing: All prices are quoted in USD unless otherwise specified. Prices for Iranian clients can be converted to Toman at current exchange rates. Quoted prices are valid for 30 days unless stated otherwise.
Payment Schedule: Standard payment terms are 50% deposit upon project commencement and 50% upon completion. For projects exceeding $5,000, milestone-based payments may be arranged.
Payment Methods: We accept international wire transfer, PayPal, cryptocurrency (USDT, BTC), and domestic Iranian bank transfers for local clients.
Late Payments: Invoices are due upon receipt unless otherwise agreed. Late payments may incur interest at 1.5% per month. Work may be suspended for accounts overdue by more than 15 days.
Taxes: Quoted prices do not include applicable taxes, which are the client's responsibility where required by law.
4. Satisfaction Guarantee
Lunax offers a Satisfaction Guarantee on all projects. If initial deliverables do not meet the agreed specifications, we will revise them at no additional cost within the defined revision scope.
Each project includes a specified number of revision rounds as defined in the project proposal. Revisions must be requested within the agreed timeframe.
Additional revisions beyond the included rounds, or changes to project scope, may incur additional charges at our standard hourly rates.
The satisfaction guarantee covers creative and development work but does not guarantee specific business outcomes such as increased sales, traffic, or conversions.
All development projects include a 30-day warranty period for bug fixes and technical adjustments after final delivery.
5. Revisions & Change Orders
Included Revisions: Project packages include a specified number of revision rounds (typically 2-3 for standard packages, unlimited for premium). Each revision round allows feedback on all deliverables from that phase.
Change Orders: Significant changes to project scope, features, or requirements after work has begun are considered change orders and require a separate agreement with adjusted pricing and timeline.
Revision Timeframe: Revision requests must be submitted within 7 business days of deliverable presentation unless otherwise agreed. Late requests may incur additional fees.
Content Changes: Text, image, and content changes provided by the client after initial content submission may be considered revisions or change orders depending on scope.
6. Intellectual Property Rights
Ownership Transfer: Upon receipt of full payment, the client receives complete ownership and exclusive rights to all custom work created specifically for their project, including designs, custom code, and original content.
Third-Party Elements: Some projects may incorporate third-party elements such as stock photos, licensed fonts, open-source libraries, or premium templates. These elements are subject to their respective licenses, and the client is responsible for compliance.
Pre-existing Materials: Any pre-existing intellectual property, tools, methodologies, or frameworks developed by Lunax prior to or outside of the client project remain Lunax property.
Portfolio Rights: Lunax retains the right to display completed work in portfolios, case studies, and marketing materials unless the client provides written notice requesting confidentiality.
Brand Protection: Clients are responsible for conducting trademark searches before finalizing brand identity work. Lunax does not guarantee trademark availability or provide legal advice.
7. AI Services Disclaimer
Lunax offers AI-powered services including chat assistants and AI integrations. While we implement rigorous quality controls, AI technology has inherent limitations and may produce unexpected results.
Accuracy Limitations: AI responses may contain inaccuracies, outdated information, or contextual errors. We have implemented content filtering, political neutrality safeguards, and misinformation guards to minimize such issues, but cannot guarantee 100% accuracy.
No Liability for AI-Based Decisions: LUNAX EXPRESSLY DISCLAIMS ALL LIABILITY FOR DECISIONS MADE, ACTIONS TAKEN, OR RELIANCE PLACED ON INFORMATION PROVIDED BY OUR AI SYSTEMS. Users should verify critical information with human representatives.
AI Training: Interactions with our AI systems may be used to improve service quality. Any data used for training is anonymized and handled according to our Privacy Policy.
Third-Party AI: Some AI features may utilize third-party AI providers. We are not responsible for the policies, actions, or performance of third-party AI services.
8. Limitation of Liability
To the maximum extent permitted by applicable law, Lunax 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.
Our total liability for any claim arising from or related to our services shall not exceed the total amount paid by you for the specific service giving rise to the claim in the 12 months preceding the claim.
We do not guarantee that our services will be uninterrupted, error-free, or free from viruses or other harmful components.
These limitations apply regardless of the form of action, whether in contract, tort, negligence, or otherwise, and shall survive any termination of these terms.
9. Termination
Client Termination: You may terminate an ongoing project by providing written notice. Upon termination, you are responsible for payment for all work completed to date.
Lunax Termination: We may terminate or suspend services immediately if you breach these terms, fail to make timely payments, or engage in conduct we deem harmful to our business or reputation.
Effect of Termination: Upon termination, we will deliver all completed work for which payment has been received. Work in progress may be retained until outstanding payments are resolved.
Refunds: Deposits and payments for completed work are non-refundable. Partial refunds may be provided at our discretion for work not yet commenced.
Survival: Provisions regarding intellectual property, limitation of liability, and dispute resolution shall survive termination.
10. Dispute Resolution
Good Faith Resolution: We believe in resolving disputes through open communication. If a disagreement arises, both parties agree to first attempt resolution through direct discussion.
Mediation: If direct discussion fails, disputes may be submitted to mediation through a mutually agreed mediator before pursuing other remedies.
Governing Law: These terms are governed by and construed in accordance with applicable international commercial law principles. For clients in Iran, Iranian law may apply where relevant.
Jurisdiction: Any legal proceedings shall be conducted in a jurisdiction mutually agreed upon by both parties, considering the nature and value of the dispute.
Time Limitation: Any claim or dispute must be raised within one year of the event giving rise to the claim.
11. Confidentiality
Both parties agree to maintain the confidentiality of all proprietary information shared during the course of the engagement.
Confidential information includes but is not limited to: business plans, pricing, customer data, technical specifications, trade secrets, and any information marked as confidential.
NDA Availability: Upon request, we will execute a formal Non-Disclosure Agreement (NDA) before receiving sensitive information.
This confidentiality obligation survives the termination of services and remains in effect for 3 years unless the information becomes publicly available through no fault of the receiving party.
12. General Provisions
Entire Agreement: These terms, together with any project proposals and contracts, constitute the entire agreement between you and Lunax regarding the services.
Severability: If any provision of these terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
Waiver: Failure to enforce any provision does not constitute a waiver of our rights under these terms.
Assignment: You may not assign these terms without our written consent. We may assign our rights and obligations to any successor or affiliate.
Force Majeure: Neither party shall be liable for delays or failures caused by events beyond reasonable control, including natural disasters, war, pandemics, or government actions.
Contact: For questions about these terms, contact us at [email protected].
Legal Agreement
By using our services, you accept these terms in full. If you have any questions, please contact our team before beginning collaboration.
Last updated: December 2024 | Version 2.0