By purchasing any products or services from Lunatek Design, you hereby agree to our Terms of Service.
This Terms of Service Agreement is subject to change at any time without notice, at the discretion of Lunatek Design.
Terms Of Service ~ WordPress Themes:
Purchases & Refunds:
- Lunatek Design accepts payments through the Stripe Payment Gateway via the WordPress plugin Easy Digital Downloads. Due to the digital nature of our products, all sales are final. We offer instructions, tutorials and support for all of our themes to ensure our customers are happy with their purchases.
- All of our amazing themes require the Genesis Framework in order to be implemented. If you do not already own the Genesis Framework you can purchase it at StudioPress. Upon purchase, you’ll receive access to the zip file that will need to be installed on your site prior to any of our premium themes.
- Redistribution or reselling of our themes is explicitly prohibited. They are for the personal use of our customers. If you are a designer and would like to utilize out themes for individual clients, this is allowed, however, support from Lunatek Design will not be extended to such clients, unless they directly purchase the theme from Lunatek Design. All of our designs are protected under copyright and are the sole property of Lunatek Design. Please be aware that we utilize technology capable of seeking out and identifying our copyrighted work, in order to pursue persons who violate our copyrights.
- Lunatek Design offers support to clients who have purchased our themes, however, proof of the theme’s purchase must be provided prior to receiving our assistance. Our Support Policy covers in depth, what assistance is included, and our Set-Up & Support page provides written instructions, theme documentation and tutorials pertaining to our most common support inquires. These resources should be utilized prior to submitting support tickets. Support is generally limited to assistance setting up our themes to look like the demo and help in utilizing the built in controls or features of the themes.
Confidentiality & Privacy:
- All correspondence, documents and personal information our customers and clients provide is treated confidentially, unless written consent has been granted by all parties. Any information collected during the purchase process is required for the processing of said purchases and is handled by the E-Commerce software and designated banking institutions and is not retained by Lunatek Design. Any information provided to Lunatek Design for the purpose of membership to our website is optional and voluntary. We keep all user names, passwords and email addresses confidential. Any personally identifiable information provided is kept secure. Only our authorized employees, agents and contractors (who are also obligated to keep such information secure and confidential) have access to this information. We reserve the right to share information with governmental agencies or any other companies providing fraud prevention services if the need arises, in order to protect our assets and interests against fraud or unauthorized transactions. Such information is never relinquished for marketing purposes. Our site may utilize cookies or other tracking technology. Any information gleaned from these technologies is only utilized for monitoring how visitors use the site in effort to improve user experience. We use Google Analytics on this site, however, you may opt out of their data collection by visiting: Google Analytics.
Term Of Service ~ Design Services & Marketing Campaigns:
- Lunatek Design, it’s owners and its affiliated designers are independent contractors; and are not employees, partners or in any way affiliated with any company owned or represented by you, the Client. Lunatek Design will provide graphic, blog and web design services under your direction, however, Lunatek Design retains the right to decide the manner and means that the services are accomplished.
- All of our amazing themes require the Genesis Framework in order to be implemented. If you do not already own the Genesis Framework you can purchase it at StudioPress. Upon purchase, you’ll receive access to the zip file that will need to be installed on your site prior to any of our premium themes. Please Note: Our Design Services clients who have purchased either the Small Business Website package or the E-Commerce Business Website package, do not need to purchase the Genesis Framework from StudioPress because a ‘singular use installation’ is included on the site specifically being designed by Lunatek Design, and as such, Lunatek Design’s Developer License covers the use of the framework when we design websites for our design clients. However, in order to use the framework on any additional sites, or to receive membership access to the resources StudioPress provides, you will need to purchase Genesis from StudioPress.
Package Based Design Services: (Proposals Are Not Included.)
- Our primary website design services (Theme Customization/Small Business Website/E-Commerce Business Website Packages) are packaged to include a premium Lunatek Theme and defined service inclusions, therefore proposals are unnecessary and are not included. In lieu of proposals, clients who have purchased either the Small Business Website package or E-Commerce Business Website package are emailed a Design Questionnaire to complete prior to our phone/email sessions, which covers all of the relevant design information we need to complete the customizations included in the design services purchased.
For Custom Design Projects: (Proposals Are Included.)
- For larger, more robust custom projects, proposals are included, but these projects are taken on a case-by-case basis and are priced much higher than our rapid time-frame, primary design packages. For these specialty projects, after your inquiry requesting a custom project, we will prepare a proposal that will serve as what Lunatek Design notes as “your Proposal” throughout the entire process. The Proposal itself will be effective only for the period of time listed under the “validity date” found on the Proposal itself. If Lunatek Design receives an email from you after the validity date has expired, another proposal may be drafted and emailed to you for approval. Once signed, Lunatek Design’s Proposal Acceptance Agreement, will serve as a binding contract between you and Lunatek Design in conjunction with the Proposal itself, along-side the Terms of Service Agreement. Pricing and terms of each Proposal are subject to change any time after the validity date has expired.
Concepts & Revisions:
(For Custom Design Projects Only.)
- Lunatek Design provides all clients who have purchased a Custom Design Project up to 3 revisions based on one initial concept for each project, as is included in your proposal. Once the amount of maximum revisions has been reached no further revisions can take place unless the client pays an additional fee for each additional revision. Additional revisions may extend or delay the completion date or deadline at no fault of Lunatek Design. *Limited or no revisions apply to child theme installations.
Client On-Boarding PRrocess:
(For Custom Design Projects Only.)
- Upon acceptance of our Terms Of Service and the purchase of your selected design services, you will receive an email with your receipt, as well as a Design Questionnaire you’ll need to complete and the contract that you’ll need to sign, scan and return to Lunatek Design. Once the Design Questionnaire and the signed Contract is received by Lunatek Design, we will schedule your phone session where we will discuss the finer details of your site.
- Lunatek Design prefers email correspondence for all projects. Lunatek Design does not accept any type of questions or troubleshooting about current or past projects made via Social Media.
- It is imperative that you, the Client, return all correspondence with detailed, constructive feedback within 5 business days to keep all projects moving forward smoothly. In the event, there is no response within 5 business days, Lunatek Design reserves the right to bill you for any additional fees incurred. Additionally, if there is no response within 15 business days, Lunatek Design reserves the right to terminate the Agreement and bill any unpaid balances, if any, at that point. Payments made towards the project(s) as described in the Proposal will be used as a kill fee in order to compensate Lunatek Design’s time and expenses in the event the Agreement has been terminated.
- It is extremely important to Lunatek Design that you, the Client, are happy with your new site design. To that end, it is very important that you take the time to research and think about what you want your design to look like before we start and clearly communicate your ideas to Lunatek Design by thoroughly completing the Design Questionnaire.
- Lunatek Design’s project completion dates vary based on response times to correspondence and the type of project being worked on. Lunatek Design prioritizes and plans out a design schedule for each day, week and month depending on the current amount of clients and/or work that needs to be completed. All content to be placed on the site and the project planning guides must be returned before any work will begin on a project. In general, the package based projects are usually completed in 24-48 hours for Theme Customization, 48-72 for Small Business Sites, and 72-96 for E-Commerce Business Sites, however, for Custom Design Projects, the initial design process for is the lengthiest, potentially taking up to 10 business days for initial concepts to be delivered. Please allow up to 5 to 7 business days for revisions to be made and returned to you. For all rush/weekend/holiday services please inform Lunatek Design of the extent of the project as well as the rush completion date and expect to pay a premium for all rush services.
- The Client is responsible to back up a copy of their original template and widgets or plugins.
- The client is responsible for all content creation for both posts and pages.
- You also agree that once final(s) have been released, distributed, reviewed and signed off, by you that Lunatek Design no longer holds any responsibility for any/all errors and will not be held responsible for any errors once a project has been sent to print, been published, distributed, displayed, etc. in any way. You, the Client, also acknowledge that you will incur any/all costs to remedy the error in any manner at no fault of Lunatek Design.
- Once a project has begun and you have acknowledged either by digital signature, visiting the Lunatek Design website and/or on Lunatek Design’s forms that you have read, understand, agreed to Lunatek Design’s Terms of Service Agreement; you, the Client, will be held to all standards set in the Agreement, as well as any and all legal fees necessitated to resolve any dispute that may arise at no fault of Lunatek Design.
Testing & Installation:
- Lunatek Design uses and tests in the latest versions of these browsers: Chrome, Firefox, Safari on a Mac. Site designs will display correctly in the most current versions of Safari, Mozilla Firefox, Google Chrome as of the installation date. Lunatek Design does not guarantee that a design will render or display exactly the same on the aforementioned internet browsers. Lunatek Design cannot guarantee your design will display properly in any outdated or future versions of any of the web browsers. Lunatek Design does not design for or guarantee that your design will display properly on Internet Explorer. We highly suggest you download the most updated version of a modern internet browser and view all revisions or test sites on a computer monitor, not a mobile device. Please note: Not all designs are considered mobile responsive.
- Lunatek Design will provide you with a link to review your site and ask you for approval before installation and at that point there will be no more revisions made to the design during or after installation.
- Your site will be ‘under construction’ for several hours while Lunatek Design installs the new design elements, files, etc. We can decide together what will be the best time for installation. On occasion, certain existing widgets or plugins will not work with your new design. You agree to not hold Lunatek Design liable for any loss or damage to your site or website content during the installation of your design, or any time after installation.
- Once you have signed off on a project, Lunatek Design considers the project to be in full working order and complete. In addition, if the Client does not respond or complete the sign-off agreement within 10 business days of the request or last communication with said Client, Lunatek Design will consider the project to be in full working order and complete, at no fault of Lunatek Design.
- Any changes or revisions requested and made after project completion and sign-off will be billed at Lunatek Design’s current hourly rate.
- All digital signatures made to online agreements signed by you, the Client, are considered legally binding.
Payments & Refunds:
- Lunatek Design accepts payments through the Stripe Payment Gateway via the WordPress plugin Easy Digital Downloads.
- All payments must clear before work can begin.
- A 50% deposit is required to hold your place in the design queue for Custom Design Projects, with full payment due before any work on the Client’s project can begin. Any additional costs not specified in the initial proposal will be billed prior to installation.
- Lunatek Design will refund all payments in deposit minus a 10% cancellation fee if the Client cancels the project prior to the project start date.
- Once work has begun, any amount paid will be used as a kill fee to cover the time and work that has been put into a project in the event the Client wishes to stop working with Lunatek Design, at no fault of Lunatek Design.
- If full payment is not received within 5 business days of the initial invoice being sent, you will lose your place in the design queue and the project will need to be rescheduled based on the current design schedule. In addition, final files will only be sent after full payment has been received and has cleared. Lunatek Design reserves the right to hold all projects until payment has cleared.
- In the event, Lunatek Design is working at an hourly rate, the rate will be billed in 30 minute increments with a 30 minute minimum and described as such on the invoice. All hourly work is tracked by an online time tracking tool; and must be paid in full before final files will be released in any capacity to you.
- In the event a payment, purchase or other dispute is filed against Lunatek Design or payment is overdue, Lunatek Design reserves the right to revoke all Client rights to the deliverables discussed in the Proposal and they will remain the property of Lunatek Design until the dispute is resolved. In addition, Lunatek Design reserves the right to hold all deliverables until full payment is received.
- All payment information given to Lunatek Design in any form is kept confidential at all times.
- Additional costs include, but are not limited to: additional revisions above and beyond what was included in the Proposal; costuming coding; installation of additional plugins; hosting fees; domain name registration; fonts; photographers; custom illustrations; stock photos; and/or any other graphic, item, or coding not specifically listed in the Proposal.
- The completed services are provided “as is” once the service has been paid in full and all assets have been delivered. In no event shall Lunatek Design be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials and services provided by Lunatek Design, even if Lunatek Design, or an authorized representative has been notified orally or in writing of the occurrence or possibility of such damage. Lunatek Design makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, but without limitation: implied warranties or conditions.
- We respect the privacy of your personal and confidential information at all times.
- The Client agrees to provide Lunatek Design access usernames and passwords to any hosting, domain account, and site account for installing and updating the web products as needed. This information will only be used for the purpose of completing your project.
- Lunatek Design takes extreme caution to keep the information shared with Lunatek Design for billing & project set-up/installation purposes private & secure.
- At no time will any information from past or present clients given to Lunatek Design for billing & project set-up/installation, by the Client, be shared or sold for any reason.
- In the event, any of Lunatek Design’s accounts or personal property is hacked or stolen, you will be notified immediately. You agree to not hold Lunatek Design responsible for loss of information. In addition, any dispute filed against Lunatek Design by you, the Client, as a result of a privacy issue will be held to all standards set in the Agreement, as well as any and all legal fees necessitated to resolve any dispute that may arise at no fault of Lunatek Design.
- Email subscription lists will not be shared or sold for any reason.
- Lunatek Design retains the Copyright to any and all work completed by Lunatek Design in the event a project is terminated at no fault of Lunatek Design the project. Lunatek Design will retain the right to reproduce, publish and display all work created for you in Lunatek Design’s portfolios, websites, galleries, periodicals, exhibits, etc. for the purposes of recognition of creative excellence or professional advancement. Copyright violation is strictly prohibited and protected by law. Any design not specifically copyright & purchased as a “logo design” may not under any circumstances be utilized for branding purposes other than what the design was initially designed for, unless licensing is purchased from Lunatek Design which will allow the client the rights to use the design as a “logo” on all types of marketing materials for branding purposes. (ie: header design for website/blog may not be used as a logo for business cards, social media exposure., etc., etc.) All images that are used on your site are still copyrighted to Lunatek Design, as designer. All images are to be used for their intended purposes only and are not to be copied and used elsewhere on the Internet or in print. You do not have permission to give away, sell, print, or change these images without the written approval of Lunatek Design. If you are re-designing your site with another designer and would like to use any of Lunatek Design’s graphics or elements please be prepared to pay a release fee.
- Lunatek Design provides limited support via email after project completion for a period of 3 business days after the launch of Theme Customizations, Small Business Sites and E-Commerce Business Sites, and for 8 business days Custom Design Projects. Support applies only to the functionality of a site or website design and does not include or apply to: additional graphic(s) or a change to any graphic(s); content changes or additions; additional coding etc. Design changes and/or website maintenance is not included and will be billed at Lunatek Design’s hourly rate.
Hosting & Domain Names:
- Lunatek Design does not offer hosting services or domain registration. If you need help with these items prior to starting your project, we can offer our recommendations, but we will not set these up for you, as they are handled by unaffiliated companies.
Font & Images:
- Lunatek Design primarily uses open source images and fonts such as Google Web Fonts in the images and text elements created. Clients may choose to use commercial/purchased use fonts and/or images, but will need to provide proof of eligibility to utilize any such fonts or images. Lunatek Design will not be held liable for any copyright violations incurred by clients.