Terms and Conditions

These Terms and Conditions ("Terms") apply to your use of the Lumenfire Lab website and any services provided by Lumenfire Lab.

In these Terms, "Lumenfire Lab", "we", "us" or "our" refers to Lumenfire Lab. "Client", "you" or "your" refers to the person, business, company or organisation requesting or receiving our services.

1. Acceptance of These Terms

You are taken to have read, understood and agreed to these Terms when any of the following occurs:

• You accept a quote or proposal we have issued to you (in writing, by email, by digital signature, or by other electronic means);
• You pay a deposit or any invoice we have issued to you;
• You instruct us in writing or verbally to commence work; or
• You continue to use any services provided by us.

If there is any inconsistency between these Terms and a specific written proposal, statement of work or agreement signed by both parties, the specific document will apply to the extent of that inconsistency.

2. Our Services

Lumenfire Lab provides creative, marketing and technology-related services, which may include:

• Food, product, restaurant, event, commercial and business photography.
• Video production, social media videos, promotional videos, editing and motion content.
• Website design, landing pages, website updates and related digital services.
• QR menus, digital menus, restaurant technology, review funnels and related online tools.
• Google review management, customer feedback systems, AI-assisted review reply drafting and reputation support.
• Graphic design, menu design, print design, signage design and marketing materials.
• AI-assisted image, video, text, design, automation and marketing content.
• Social media content, advertising creatives, marketing strategy and related services.

The exact services, deliverables, inclusions, exclusions, pricing and timeline will be set out in the relevant quote, proposal, invoice, written agreement, email or project brief.

3. Quotes and Proposals

Quotes and proposals are valid for 30 days unless stated otherwise.

A quote is not confirmed until accepted by you and, where required, a deposit or upfront payment has been received.

We may revise a quote if the project scope changes, if new requirements are added, if the information provided by you was incomplete or inaccurate, or if third-party costs change. Any additional work outside the agreed scope may be charged separately.

4. Client Responsibilities

You agree to:

• Provide accurate, complete and timely information.
• Provide all required content, files, logos, images, videos, access credentials, approvals, menu information, pricing, product details and business information needed for the project.
• Ensure that any materials you provide do not infringe the rights of any third party.
• Obtain any required permissions, licences, location approvals, staff permissions, customer permissions, model releases, property releases or legal approvals required for the project.
• Review and approve work within a reasonable time.
• Check all final materials carefully before publishing, printing, distributing or using them.
• Ensure that your menu prices, allergens, ingredients, trading hours, business information, promotions, claims and legal notices are accurate.
• Comply with all applicable laws, industry rules, platform policies and advertising requirements.

You are responsible for the accuracy, legality and suitability of the content, claims, information and materials you ask us to create, publish or use.

5. Fees, Deposits and Payment

Fees will be set out in the relevant quote, proposal, invoice or written agreement.

We may require a deposit, upfront payment or milestone payment before starting or continuing work. Unless otherwise agreed in writing, invoices must be paid by the due date shown on the invoice.

You are responsible for any third-party costs, including but not limited to domain names, hosting, plugins, software, stock assets, fonts, advertising spend, printing, signage, delivery, platform fees, subscriptions and payment processing fees, unless expressly included in our quote.

All prices are in Australian dollars and are GST-inclusive unless otherwise stated.

6. Late Payment and Suspension

If an invoice remains unpaid after the due date, the following may apply:

• Interest on overdue amounts. Overdue invoices may incur interest at a reasonable rate, calculated from the date the invoice became overdue until payment is received in full.
• Suspension of services. If an invoice remains overdue, and after we have given you reasonable written notice, we may suspend services, withhold deliverables, pause ongoing work, or temporarily disable access to hosted services (including websites, QR menus, digital menus, review funnels and related tools) until full payment is received.
• Recovery costs. You agree to reimburse us for reasonable debt recovery costs we incur in collecting overdue amounts, including reasonable third-party collection fees.

Suspension or disablement of services for non-payment does not relieve you of your obligation to pay outstanding fees, and does not constitute termination of the agreement.

7. Project Timelines

We will use reasonable efforts to meet agreed timelines. However, timelines depend on factors including client feedback, content supply, approvals, third-party platforms, supplier availability, weather, location access, technical issues and project complexity.

A delay by you may affect the delivery date. If you delay providing materials, feedback, access or approvals, we may extend the timeline or charge additional fees for rescheduling, rework or project restart.

Unless a specific deadline has been agreed in writing, all timelines are estimates only.

8. Project Dormancy

If a project is delayed or stalled for an extended period because we are waiting on you for materials, feedback, approvals, access, payment of an outstanding invoice, or other required input, the project may be deemed "Dormant".

When a project becomes Dormant:

• We may issue an invoice for all work completed and time spent up to that date, which becomes immediately due and payable.
• We may release any project-specific resources, schedules or team members allocated to the project.
• We may close the project file. Reactivating a Dormant project is subject to our then-current availability and pricing, and may attract a reasonable reactivation fee to cover re-onboarding, rescheduling and project handover.

We will provide you with reasonable written notice before declaring a project Dormant.

9. Ongoing Retainers and Monthly Services

Some services are provided on an ongoing, monthly or retainer basis — for example, social media management, content production, review management, website maintenance, or QR menu / digital menu hosting.

Unless otherwise agreed in writing in the relevant proposal or service agreement:

• Retainer services automatically renew each billing period until terminated.
• Either party may terminate an ongoing retainer by giving reasonable written notice.
• You remain liable for all fees during the notice period.
• Unused hours, deliverables or content within a billing period do not roll over and are not refundable.

10. Revisions and Changes

The number of revisions included will be stated in the relevant quote or proposal. If no revision limit is stated, we will include a reasonable number of minor revisions at our discretion.

Revisions must relate to the original agreed scope. New concepts, new directions, major redesigns, new pages, new videos, new layouts, new edits, new copy, new functionality or changes caused by incomplete or incorrect client information may be charged separately.

Revision requests must be provided clearly and within a reasonable time.

11. Approval and Final Delivery

Once you approve a deliverable, you are responsible for checking that it is correct and suitable for use. This includes checking spelling, grammar, prices, dates, phone numbers, addresses, menu items, allergens, trading hours, offers, legal disclaimers, images, logos, layout, links and technical details.

We are not responsible for errors that remain after your approval, including errors in printed materials, published websites, menus, social media posts, advertisements or signage.

If corrections are required after approval, additional fees may apply.

12. Cancellation, Rescheduling and Refunds

If you cancel a project after work has started, you must pay for all work completed, time spent, expenses incurred and third-party costs committed up to the cancellation date.

Deposits and upfront payments are non-refundable once work has started, except where required by law.

If a photoshoot, video shoot, site visit or booking is cancelled or rescheduled with short notice, cancellation or rescheduling fees may apply.

If we need to cancel or reschedule due to illness, emergency, weather, equipment failure, access issues or circumstances outside our reasonable control, we will work with you to arrange a suitable alternative where possible.

Nothing in this clause excludes, restricts or modifies your rights under the Australian Consumer Law.

13. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot be excluded under the Australian Consumer Law or any other applicable law.

Where the Australian Consumer Law applies and our services fail to meet a consumer guarantee that cannot be excluded, to the maximum extent permitted by law, our liability is limited, at our option, to one or more of the following:

• Supplying the services again; or
• Paying the cost of having the services supplied again.

14. Intellectual Property — Final Deliverables

You own the final exported deliverables created specifically for you under the agreed scope, subject to full payment of all related invoices. Final deliverables typically include:

• Final exported and watermark-free images (e.g. JPEG, PNG, TIFF as agreed);
• Final edited and exported video files (e.g. MP4 as agreed);
• Final approved design files in publication format (e.g. PDF, JPEG, PNG);
• Final published website pages or final delivered website code/build, as agreed;
• Final approved copy, content or marketing assets, as agreed.

15. Source Files, Raw Materials and Pre-Existing IP

Ownership of final deliverables does not automatically include:

• Raw or unedited photos, raw video footage, audio recordings, B-roll or behind-the-scenes content;
• Working project files, source files or editable design files (including but not limited to .PSD, .AI, .INDD, .FIG, .XD, .PRPROJ, .AEP, .DRP, .RAW, .DNG);
• Source code, repositories, build pipelines, environment configurations, automation workflows or backend systems;
• Templates, presets, LUTs, plugins, scripts, prompts, internal documents, frameworks, methodologies or reusable assets that we developed independently or hold appropriate rights to;
• Drafts, rejected concepts, alternative versions, intermediate exports or internal working files.

These items remain the sole property of Lumenfire Lab.

Source file buyout. Where you wish to obtain ownership of, or a perpetual licence to, specific source files or raw materials, this can be arranged through a separate written buyout agreement. A buyout fee will apply, which we will quote based on the scope of materials, the originating project and the intended use.

Licence for pre-existing materials embedded in final deliverables. Where our pre-existing materials or frameworks are incorporated into a final deliverable, we grant you a non-exclusive, non-transferable, perpetual licence to use those materials as part of that final deliverable for your normal business purposes. You may not resell, redistribute, sublicence, reverse engineer or extract those materials for separate use.

16. Third-Party Materials

Projects may include third-party materials such as stock photos, stock videos, music, fonts, plugins, software, templates, website themes, icons, scripts, APIs or platform tools.

Third-party materials are subject to their own licence terms. You are responsible for complying with those licence terms.

Unless otherwise stated, third-party licences, subscriptions, hosting, plugins, software and platform fees are not included in our service fees.

We are not responsible for changes, price increases, downtime, policy changes, service interruptions or discontinuation of third-party platforms.

17. AI-Generated and AI-Assisted Content

Some work may be created or assisted using AI tools, including images, videos, copy, designs, review reply drafts, marketing ideas, automation workflows or other materials.

AI outputs may contain errors, inaccuracies, similarities to existing content, unexpected artefacts or content that requires human review. You are responsible for reviewing, approving and ensuring that the final use of AI-assisted content is suitable, accurate and lawful for your business.

We do not guarantee that AI-generated content will be unique, free from third-party similarity, copyright-protectable, or approved by any specific platform.

If you have specific restrictions on the use of AI tools, you must notify us in writing before the project begins.

18. Photography and Video Services

For photography and video services, you are responsible for ensuring that the location is accessible, safe and ready at the agreed time.

You are responsible for obtaining permissions from property owners, staff, customers, guests, performers, models or any other person who may appear in the shoot, unless we have expressly agreed to handle this in writing.

For food, product or venue shoots, you are responsible for preparing the products, food, venue, staff, tables, props and other required items unless otherwise agreed.

Creative style, lighting, composition, editing and image selection are part of our professional judgment unless a specific shot list or style guide has been agreed in writing.

Raw images and unedited footage are not included unless covered by a separate buyout agreement under clause 15.

We may retain project files, photos and footage for backup or portfolio purposes, but we do not guarantee long-term storage unless agreed in writing.

19. Website and Digital Services

For website, landing page, QR menu, digital menu, review funnel, automation or related digital services, you are responsible for providing accurate content, approvals, access credentials and platform permissions.

Unless otherwise agreed, ongoing website maintenance, hosting, domain management, plugin updates, security monitoring, backups, SEO, content updates and technical support are not included after the project is delivered, and are charged separately under clause 9 or by separate quote.

Websites and digital tools may rely on third-party platforms, hosting providers, APIs, plugins, browsers, devices or internet services. We do not guarantee uninterrupted access, perfect compatibility, search engine rankings, conversion rates or business results.

You are responsible for ensuring that your website, forms, menus, promotions, privacy notices, terms, disclaimers and legal content are suitable for your business. We may provide general templates or wording, but this is not legal advice.

20. QR Menus, Digital Menus and Restaurant Tools

If we provide QR menu, digital menu, review funnel, restaurant software or related tools, you are responsible for checking that all menu items, prices, descriptions, allergens, dietary labels, photos, trading hours, availability and business details are accurate and up to date at all times.

We are not responsible for customer disputes, incorrect menu information, incorrect pricing, allergen issues, food safety issues, order fulfilment issues, POS issues, third-party delivery issues or operational decisions made by your business.

Unless expressly agreed, QR menu and digital menu services do not include POS integration, payment processing, delivery integration, customer support for your customers, or guaranteed uptime.

We may suspend or restrict access to these tools if fees are unpaid, if the service is misused, if required by law, or if a third-party platform issue affects the service.

21. Review Management Services

If we provide review management, review request, Google review reply, customer feedback or reputation management services, you acknowledge that:

• We do not guarantee removal of negative reviews.
• We do not guarantee a specific rating, number of reviews, ranking improvement, customer response rate or business result.
• We do not create fake reviews.
• We do not purchase reviews.
• We do not offer incentives in exchange for reviews.
• We do not write reviews pretending to be customers.
• We do not selectively solicit reviews from customers based on their likely sentiment, or take steps designed to suppress negative reviews.
• We do not recommend practices that breach Google policies, Meta policies or applicable laws.

Review reply drafts, AI-generated responses and suggested responses must be reviewed and approved by you unless you have authorised us in writing to publish responses on your behalf.

You are responsible for ensuring that any review request campaign, customer feedback process or response strategy is lawful, accurate and compliant with relevant platform policies.

22. Client and End-User Data Responsibilities

Where we provide services that interact with your customers and end-users — including websites, contact forms, booking systems, QR digital menus, review funnels, customer feedback tools, marketing campaigns and similar tools — both parties have responsibilities in relation to personal information about those end-users.

You are responsible for:

• Maintaining your own privacy policy and any customer-facing privacy notices required for your business.
• Determining the purposes for which information about your customers or end-users is collected, and the messages or marketing sent to them.
• Obtaining all consents required from your customers and end-users under the Privacy Act 1988 (Cth), the Spam Act 2003 (Cth), the Australian Consumer Law and any other applicable laws or platform policies (including for marketing, review requests, customer feedback collection, and use of photography or video featuring identifiable individuals).
• Ensuring that any personal information you provide to us about your customers or end-users has been collected lawfully and may lawfully be shared with us for the agreed purpose.

Lumenfire Lab will:

• Handle information about your customers and end-users in accordance with our Privacy Policy and the agreed scope of services.
• Use that information primarily to deliver the services you have requested, while applying our own reasonable security, retention and operational practices.
• Take reasonable steps to protect that information from misuse, loss or unauthorised access.

You acknowledge that we may use third-party tools (including AI, automation, hosting, analytics and design tools) and overseas service providers in delivering these services, as described in our Privacy Policy.

23. Marketing, Advertising and Business Results

We may provide marketing, design, advertising creative, social media content, website content, SEO support, campaign ideas or related services.

We do not guarantee sales, revenue, leads, enquiries, rankings, followers, engagement, reach, reviews, customer growth, platform approval or any specific commercial result.

Marketing results depend on many factors outside our control, including your offer, pricing, location, competition, customer service, product quality, advertising budget, market conditions, platform algorithms and business operations.

We are not liable for losses caused by changes to third-party platforms, including algorithm changes, account suspensions, removal of reviews or content, ranking changes, advertising policy changes, or service discontinuation.

24. Portfolio and Promotional Use

Unless you notify us in writing before the project begins, you allow us to display completed work, project images, videos, designs, screenshots, website links, before-and-after examples, case studies, business name and general project description in our portfolio, website, social media, proposals and marketing materials.

We will not intentionally disclose confidential business information in portfolio materials. If a project is confidential, you must tell us in writing before the project starts.

25. Confidentiality

Each party may receive confidential information from the other party in the course of a project.

Each party agrees to take reasonable steps to keep confidential information confidential and use it only for the purpose of providing or receiving the services.

Confidential information does not include information that is publicly available, already known, independently developed, or required to be disclosed by law.

26. Platform Access and Account Security

If you provide access to your website, hosting, Google Business Profile, social media account, advertising account, analytics account, email system or other platform, you are responsible for ensuring that you have authority to provide that access.

You should use secure methods to share passwords or access permissions.

We are not responsible for loss caused by weak passwords, unauthorised access, platform security issues, previous contractors, third-party plugins or account misuse outside our control.

You should remove our access when it is no longer required.

27. Limitation of Liability

To the maximum extent permitted by law, and subject to clause 13 (Australian Consumer Law):

• We are not liable for indirect, consequential, special or economic loss, including loss of profit, loss of revenue, loss of business opportunity, loss of data, loss of goodwill, reputational damage, platform suspension, customer complaints or third-party claims.
• Our total liability in connection with a project or service is limited to the total amount paid by you to us for the affected service in the 6 months preceding the event giving rise to liability.

Nothing in these Terms excludes liability that cannot be excluded under Australian law.

28. Indemnity

You agree to indemnify us against claims, losses, damages, costs and expenses arising from:

• Materials, content, instructions or information you provide;
• Your breach of these Terms;
• Your breach of third-party rights;
• Your misuse of deliverables or services;
• Your failure to obtain required permissions, licences or approvals (including from staff, customers, guests, models or property owners);
• Your breach of laws, regulations or platform policies;
• Customer disputes, menu inaccuracies, allergen issues, operational issues, review practices or business claims connected to your business;
• Your collection or use of personal information about your customers or end-users, including any failure to obtain required consents or provide required privacy notices.

29. Termination

Either party may terminate a project by written notice. If a project is terminated, you must pay for work completed, time spent, expenses incurred and third-party costs committed up to the termination date.

For ongoing retainers, the notice period in clause 9 applies.

We may pause or terminate services without further notice if you materially breach these Terms, fail to pay overdue invoices, misuse our services, provide unlawful content, act abusively toward our team, or ask us to do something unlawful, misleading, unethical or against platform policies. For non-material breaches, we will give you a reasonable opportunity to remedy the breach before terminating.

30. Force Majeure

We are not responsible for delay or failure to perform caused by events outside our reasonable control, including illness, emergency, weather, fire, flood, natural disaster, power failure, internet outage, cyber incident, platform outage, supplier failure, government action, transport disruption or other unexpected events.

31. Changes to These Terms

We may update these Terms from time to time. The updated version will be posted on our website with a revised "Last updated" date.

For existing confirmed projects, the Terms in force at the time of confirmation will apply unless both parties agree otherwise or a change is required by law.

32. Governing Law

These Terms are governed by the laws of New South Wales and the Commonwealth of Australia.

The parties submit to the exclusive jurisdiction of the courts of New South Wales and any courts entitled to hear appeals from those courts.

33. Contact Us

If you have any questions about these Terms, please contact:

Lumenfire Lab
Email: [email protected]
Website: https://lumenfirelab.com.au