Last Updated: 19/04/2025
These terms of use (“Agreement”) are between Lumix Digital, a business registered in Australia with Australian Business Number 49 506 560 545 (“Lumix”, “we” or “our”) and you and govern your use of the Lumix Digital Client Dashboard and access to the Services. By accessing our website and using our services, you agree to comply with these Terms and Conditions. If you do not agree with these terms, please do not use our services.
Additional Subscription Period(s) – the time period(s) for which you continue to subscribe for Services after your Minimum Term has expired, and which shall have the same duration as your Minimum Term
Minimum Term – the minimum length of time that you have agreed to purchase the Services as set out on the Order Summary
Domain Name – any domain name that may be offered to you as part of the Services
Intellectual Property Rights – patents, rights to inventions, copyright and related rights, moral rights, trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world
Leads – any third-party who contacts you as a result of the Services by any channel, which may include, without limitation, telephone calls, SMS, emails and booking requests on the Company Website, irrespective of whether such enquiries result in purchases
Order Summary – the Order Summary that was emailed to you which explains the package you have subscribed for, the price, the Start Date and the Minimum Term
Other Digital Accounts – any third-party accounts that may be managed by Lumix as part of any Services, including (but not limited to) Google My Business, Facebook for Business, Bing, Google AdWords, Facebook advertising and Bing Ads
Services – includes any services which are provided to you by Lumix as set out in your Order Summary, which may include, without limitation, the building and hosting of your Company Website, provision of content on the Company Website, the Domain Name and any content created by Lumix for Other Digital Accounts, or any subscription services that Lumix provides to you
Setup Fee - the one-time fee paid by new customers for Lumix Digital to build a website
Start Date – the date at which your Services start, which shall be the date specified on the Order Summary
Lumix Digital Client Dashboard – the technology platform owned by Lumix and its licensors that provides all Lumix-managed websites and applications, including, if applicable, your Company Website, and enables the management of such websites. The platform also includes the main dashboard area in which the user can see all the information on their websites delivery progress, website status and project information. Every technology used on the platform counts as the Lumix Digital Client Dashboard, including the website editor and the editing/revisions tool.
1. Services
1.1 Lumix agrees to provide you with access to any Services, as set out in the Order Summary, subject to the terms of this Agreement.
1.2 You agree to pay for the Services from the Start Date for the Minimum Term at the rate set out in the Order Summary. In the case of an annual plan, you agree to pay for the Services from the Start Date for the Minimum Term of one year. To ensure the uninterrupted supply of 3rd party services such as your domain name, we will charge you for the renewal of next year’s annual plan at the end of month 11 of your current plan. Your plan will still run for 12 months. The Services provided are customised to meet your requirements, and Lumix Digital will not provide any refunds unless the Services are not provided in accordance with this Agreement.
1.3 At the end of the Minimum Term, any Services that you pay for will automatically renew for Additional Subscription Periods until you provide notice to terminate in accordance with the following:
1.4 You can cancel or downgrade any Services at the end of the Minimum Term or any then current Additional Subscription Period before such period is due to expire. You are not entitled to cancel or downgrade any Services before the end of the Minimum Term or any then-current Additional Subscription Period due to a change in your circumstances.
1.5 You are able to add additional Services or upgrade at any time through your Lumix Digital Client Dashboard. To login, please click here. Please contact support@lumixdigital.com.au for more information. If you would like to transfer an existing domain name to Lumix, then this can be managed as an additional service, subject to payment of a fee.
1.6 We may adjust the price of the Services at any time after the expiry of your Minimum Term on 1 month’s written notice.
1.7 All payments are processed by third payment processors, including Paypal, Stripe and their global affiliates. We do not hold any credit or debit card details. You agree to provide our third-party payment processors with valid credit or debit card details and authorise them to store your information in accordance with their privacy policies and bill you according to the payment terms set out in your Order Summary and thereafter at the start of each Subscription Period or for other Services that you may purchase from Lumix.
1.8 If you fail to pay any charges when they fall due or request to cancel your account before the expiry of your Minimum Term, then the total amount payable for the full duration of the Minimum Term will become immediately payable, and we may suspend the provision of any Services until such monies are received. Interest will be charged on overdue payments at an annual rate equal to 8% over the Commonwealth Bank of Australia’s Standard Variable Rate for Business Online Saving Accounts.
1.9 All prices quoted are exclusive of any sales taxes.
1.10 Lumix may alter the Services from time to time. If such changes materially reduce their functionality, Lumix will notify you by email and you may provide notice within 30 days of the notification to cancel the Services with immediate effect, even if you are still within the Minimum Term.
1.11 The Start Date for the Services is the date you placed your order, and you will be liable to pay for any Services as set out in your Order Form from the Start Date, whether or not you have provided Lumix with all the required information to set up the Services.
1.12 Invoices will be stored electronically on www.lumixdigital.com.au. You can view and download these at any time from your Lumix Digital Client Dashboard.
1.13 If you have signed up for a promotional offer (as stated on your Order Summary), then this shall be subject to any payment terms and restrictions as stated on your Order Summary. Lumix reserves the right to limit Promotional Offers to any businesses or categories of business at its discretion and to withdraw any promotional offers without notice.
1.14 Lumix cannot guarantee that the Domain Name that you would like to purchase will be available through Lumix. If you have secured a Domain Name from Lumix then you must ensure that you pay any renewal fees to Lumix promptly to avoid losing the Domain Name.
1.15 Lumix offers a 30-day Money Back Guarantee for new customers. The 30-day period commences on the date you pay the Setup Fee, regardless of when you submit your information to enable us to build your website. Additional details on the refund policy are listed on our refund policy page, linked here.
2. Free Custom Domain
2.1 We offer a free custom domain feature under specific conditions. Only domains priced under our reasonable custom domain pricing fee will qualify for the "FREE" option. This fee ranges anywhere from $10-15AUD a year. Any domain above this price will incur additional charges.
2.2 Customers are responsible for ensuring the availability and appropriateness of their chosen domain.
2.3 If the desired domain you want is in a 1 dollar range from the reasonable custom domain pricing fee, it will still be available for our “FREE” option.
2.4 Lumix Digital cannot guarantee that the Domain Name that you would like to purchase will be available through Lumix Digital. If you have secured a Domain Name from Lumix Digital then you must ensure that you pay any renewal fees to us promptly to avoid losing the Domain Name.
3. Questionnaire and Customer Dashboard
3.1 Upon payment, you will have access to a questionnaire that includes approximately 16-25 questions regarding your business and website needs. Completion of this questionnaire is necessary for the design process. You will also gain access to the Lumix Digital Client Dashboard, where you can monitor the delivery process and manage your account.
4. Development Process
4.1 Once you have submitted the questionnaire, our team will review your responses and initiate the design process.
4.2 You will be notified via email to review your website once it is completed.
4.3 Minor revisions which include (but aren’t subject to) minor text changes, link changes, button changes, font changes, colour changes and logo/favicon changes are included in the Business and Enterprise Plans under the "Unlimited Revisions" feature.
4.4 Major changes—like adding new sections or pages, significant text rewrites, or redesigns—are considered major revisions by Lumix and will likely come with extra fees.
5. Launch of Website
5.1 After final approval and all revisions/edits are made, your site will be set to "Launch" status.
5.2 Our team will then utilize our website editor tool to deploy your chosen free domain or domain currently owned. The process typically takes 24-48 hours. You may access the website editor for any post-launch revisions, or contact us at support@lumixdigital.com.au for assistance.
6. Professional Emails
6.1 For clients on the Launch, Business and Enterprise plans, we provide "Professional Emails". Clients can link existing domains or purchase new ones to set up professional email addresses. The responsibility for managing and sending these emails lies with the client. On the Business and Enterprise plans we provide 3 professional emails but on the Launch Plan we only provide you with one.
6.2 These professional email/s will only stay active unless you are actively paying for the monthly subscription on the corresponding plan.
6.3 Any additional emails needed will incur an additional monthly fee on-top of your base monthly fee for each plan. These fees are decided by our 3rd party professional email software in which you will gain access to once your professional email is ready.
7. User Responsibilities
7.1 You are responsible for providing accurate and complete information throughout the design process. Any delays or issues arising from incomplete or inaccurate information may affect the timeline and delivery of your website.
8. Five-Day Website
8.1 We offer our Five-Day Website benefit, meaning that once we receive your completed questionnaire, we guarantee that your website’s initial design will be delivered within 5 business days.
8.2 After the initial design is delivered, revisions can be requested, but as long as the initial design is completed within the 5-day timeframe, this benefit remains valid.
8.3 After the initial 5-day period, the number of minor revisions you can request each month depends on your plan: 3 for Launch, 10 for Business, and 25 for Enterprise.
8.4 If the revisions you make in a month exceed this amount you may be subject to additional changes.
9. Limitation of Liability
9.1 To the fullest extent permitted by law, Lumix Digital shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from your use of our services or any inability to use our services.
9.2 This includes, but is not limited to, damages for loss of profits, goodwill, or data.
10. Modification of Terms
10.1 Lumix Digital reserves the right to modify these Terms and Conditions at any time. Any changes will be posted on this page, and continued use of our services following such changes constitutes your acceptance of the new Terms and Conditions.
11. Affiliate and Referral Link Disclosure
11.1 We may include links to third-party websites, products, or services within our content, communications, or website. If you click on such links or choose to make a purchase through these links, we may receive referral fees or commissions. This does not influence the products or services we choose to feature; our recommendations are based on independent research and our own evaluations. However, we do not warrant or guarantee any of these third-party offerings. You acknowledge and agree that we are not responsible for the availability, accuracy, content, or policies of third-party websites or resources, and any dealings you have with such third parties are solely between you and the applicable third party.
12. Governing Law
12.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising from these terms shall be addressed in the competent courts of New South Wales.
13. Marketing Communications
13.1 By submitting your email address or phone number to Lumix, you acknowledge and agree that we may use this information to send you marketing communications, such as offers, promotions, and updates about our services. You can opt out of these communications at any time by following the instructions included in each message. For email, click the “unsubscribe” link in the message or contact our Support. For text messages, you can reply “STOP” to unsubscribe. Additional information about how we process and protect your personal data can be found in our Privacy & Cookies Policy, which is hereby incorporated by reference. By providing your email address or phone number, you further represent and warrant that you are the authorized user of that email address or phone number and have the right to provide this consent.
14. Miscellaneous
14.1 Lumix may revise this Agreement from time to time. The most current version will always be posted on our website. Any material changes will be notified to you by email if you have a Lumix account.
14.2 This Agreement, including the Order Summary, supersedes any prior agreements between us and constitutes the entire Agreement relating to this subject matter. If there is a conflict between this Agreement and the Order Summary, the Order Summary shall take priority.
14.3 Lumix will not be liable for inadequate performance to the extent caused by a condition that was beyond its reasonable control (for example, natural disaster, act of war or terrorism, riot, labour condition, governmental action and Internet disturbance).
14.4 The terms and conditions of this Agreement, including the price of any Services, will be considered confidential information of Lumix, and you will not disclose this information to any third-parties.
14.5 You may not assign or transfer this Agreement or any rights or obligations under this Agreement without Lumix’s written consent. Lumix may assign this Agreement or any rights or obligations under this Agreement to an Affiliate or in connection with a merger, acquisition, corporate reorganisation or sale.
14.6 Notices can be sent by email, post or hand delivery and are deemed given when received. Lumix Digitals’ address for notices is legal@lumxidigital.com.au.
14.7 Unenforceable provisions will be modified to reflect the parties' intention and only to the extent necessary to make them enforceable, and the remaining provisions of the Agreement will remain in full effect.
14.8 If Lumix fails to enforce, or delays in enforcing, any of Lumix’s rights under these terms, that does not result in a waiver of the rights concerned.
14.9 No terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this Agreement.
15. Disclaimer
15.1 EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER LUMIX OR ITS AFFILIATES OR SUPPLIERS MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE LUMIX DIGITAL CLIENT DASHBOARD, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR NON - INFRINGEMENT. UENI CANNOT BE RESPONSIBLE FOR THE QUALITY OF THE LEADS YOU RECEIVE THROUGH THE PAID SERVICES OR WHAT PROPORTION WILL CONVERT TO PAYING CUSTOMERS. REFUNDS WILL NOT BE PROVIDED IN THE EVENT THAT THE NUMBER OR QUALITY OF LEADS YOU RECEIVE THROUGH THE PAID SERVICES DOES NOT MEET YOUR EXPECTATIONS.
15.2 Lumix cannot guarantee the continuous, uninterrupted or error-free operability of the Lumix Digital Client Dashboard or that it will be free from computer viruses or similar threats. There may be times when some or all features of the Lumix Digital Client Dashboard become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by Lumix, in Lumix’s sole discretion, without notice. Lumix will not be liable to you or any third-party for any unavailability, modification, or suspension of any elements of the Lumix Digital Client Dashboard or for any loss or damage as a result of computer viruses or similar threats.
15.3 Lumix Digital takes all appropriate measures to ensure that the content on the Lumix Digital Client Dashboard is accurate, complete, legal and not misleading or offensive. However, we do not review content provided by users and are not responsible for such content. If you come across any content that breaches these principles, please notify us by writing to us at support@lumixdigital.com.au. We reserve the right to remove or edit any content at any time without notice.
15.4 You are responsible for deciding if you want to access third-party sites that link from the Lumix Digital Client Dashboard. Third-party sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Lumix is not responsible for third-party sites, and you should use them at your own risk.
15.5 Lumix may require access to your Other Digital Accounts on your behalf in order to provide certain Services. You acknowledge that you have separate agreements with the service providers managing your Other Digital Accounts, and you are solely liable under such agreements. Lumix does not accept any responsibility or liability for their platforms, features, terms or policies, or the accuracy of any content relating to your business that may be available on their sites.
16. Warranties
16.1 You make the following warranties to Lumix:
16.1.1 You are at least 18 years of age and have the right to enter into this Agreement;
16.1.2 You will not attempt to circumvent security, reverse engineer or interfere with the proper working of the Lumix Digital Client Dashboard or Other Digital Accounts;
16.1.3 You will keep any password to access the Lumix Digital Client Dashboard secure and be responsible for any unauthorised access as a result of a third-party obtaining your password;
16.1.4 Any content you upload to Lumix and your use of any Domain Name shall not be defamatory, indecent or illegal or breach the Intellectual Property Rights of any third-party and shall be accurate and up-to-date and in accordance with all applicable legal obligations;
16.1.5 Other than in relation to any Services that you have purchased, you will not use the Lumix Digital Client Dashboard for commercial purposes;
16.1.6 You will not abuse the booking system of Service Providers available on the Lumix Digital Client Dashboard;
16.1.7 You will ensure that all User Data made available to you from your Company Website is stored and managed in accordance with all applicable data protection laws and our Privacy & Cookies Policy.
16.1.8 You will not sell or licence, or attempt to sell or licence, access to the Lumix Digital Client Dashboard or Services without our written consent; and
16.1.9 You have the legal right to set up an account for the business that you are representing.
17. License
17.1 You grant Lumix and our affiliates a non-exclusive, worldwide, perpetual, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process any content:
17.2 You upload to the Lumix Digital Client Dashboard; or
17.3 That you have uploaded to other websites, such as Facebook, Google My Business and Yelp (and you hereby provide your consent to Lumix utilising your content from such websites for the sole purpose of providing the Services); and
17.4 Relating to your business on the Lumix Digital Client Dashboard.
17.5 If you are paying for Services, you also grant Lumix a licence to manage your Other Digital Accounts for the purposes of promoting your business and to act as an agent on your behalf in binding you to the terms and conditions of your Other Digital Accounts. Such licence and agency relationship will continue after termination of this Agreement until you have assumed ownership of such accounts or they have been deleted by Lumix. You confirm that you will comply with the terms of use of all Other Digital Accounts that we set up on your behalf and manage for you as part of the Services. You acknowledge that, where we manage your Other Digital Accounts, the content published on such platforms is managed by third-parties and may be outside of the control of Lumix.
17.6 If you are paying for Services, Lumix may licence you a Company Website and/or a Domain Name. Lumix is the registrant of the Domain Name.
18. Contact Information
18.1 For any questions regarding these Terms and Conditions, please contact us at: Email: support@lumixdigital.com.au
18.2 By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.