Terms and Conditions for Using Lumikha.co & Lumikha Teams Services
This Terms of Service Agreement ("Agreement") governs the terms and conditions for services provided by Lumikha Teams ("Lumikha", "we", "us", "our") through our website lumikha.co and affiliated sites lambent.co, bpo.consulting, and bagong.org (collectively, the "Services"). By accessing or using any of our Services, you agree to be bound by this Agreement.
Digital Marketing Services
Lumikha provides digital marketing, business process outsourcing, and consulting services to clients. The specific services provided will be detailed in separate agreements between Lumikha and each client.
Client Responsibilities
Clients are responsible for providing Lumikha with accurate and current information necessary for us to provide the Services. Clients represent and warrant that they own or have the necessary rights and permissions to the materials they submit to Lumikha. Clients shall not provide any unlawful, harassing, defamatory, obscene, or discriminatory content.
Ownership & Usage Rights
Upon full payment for the Services, Clients shall own all rights, title, and interest in and to the final work product delivered by Lumikha.
However, by engaging Lumikha's Services, Clients grant Lumikha a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, display, distribute, and create derivative works of the final work product for marketing and promotional purposes, such as featuring the work in Lumikha's portfolio, case studies, blog posts, and social media. Lumikha shall provide attribution to the Client when using the work product for these purposes, unless the Client requests otherwise in writing.
Confidentiality
Lumikha shall maintain the confidentiality of any client information designated as confidential and shall not disclose such information except as required to provide the Services or by law. Clients shall not disclose any confidential information about Lumikha.
Payment Terms
All payments to Lumikha for the Services shall be made in immediately available funds, in USD, by credit card (Visa, MasterCard or American Express) or other agreed payment method.
Purchases and Online Commerce Payments are made online with Stripe. By using Stripe, you are also agreeing to the merchant's terms of service, which may be found here: https://stripe.com/us/legal
You give us permission to automatically charge your credit or debit card for all fees and charges due and payable to us, without any additional authorization, for which you will receive an electronic receipt.
Lumikha does not store the Client's payment information and uses Stripe to process payments. Due to the nature of the Services, all sales for each periodic Subscription Period are non-refundable, except as expressly provided herein. Lumikha is authorized to charge the subscription renewal fee for upcoming Subscription Period Services to the credit card provided to Stripe by the Client.
Failure by the Client to maintain valid and current payment arrangements with Lumikha may result in interruption or cancellation of the Services. Such interruption does not relieve the Client of the obligation to pay for Services already provided to the Client by Lumikha.
If Lumikha is, or becomes, required by law to deduct or withhold any taxes (including without limited to sales taxes, use taxes, ad valorem taxes, or similar charges or assessments) from amounts due to Lumikha from Client, then all amounts due from Client shall be increased so that the net amount actually received by Lumikha after deduction or withholding of any such tax, charge or assessment will equal 100% of the agreed-upon charges.
Money-back Guarantee
Lumikha offers a 7-day money-back guarantee to the Client. The 7 days start from when their services are delivered.
Warranties and Disclaimers
Lumikha shall provide Services in a professional manner consistent with industry standards. However, Lumikha makes no guarantees regarding specific results. SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.
Limitation of Liability
Lumikha's liability arising out of the Services shall not exceed the amounts paid by a client for such Services. IN NO EVENT SHALL Lumikha BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.
Termination
Either party may terminate this Agreement upon written notice. Clients remain liable for all fees accrued before termination.
Governing Law
The laws of the United States shall govern this Agreement. Any disputes shall be resolved through arbitration.
Modification
Lumikha reserves the right to modify this Agreement at any time by posting the revised version. Continued use of the Services constitutes acceptance of any changes.
For questions or notices, please contact us at: holla@lumikha.co
Lumikha Teams provides services subject to the following terms and conditions. When you use Lumikha Teams’ services or its website, you are subject to all applicable rules, guidelines, policies, terms and conditions.
Terms of Services for Offshore Staffing
Program Duration
Program Term
This Service Agreement is effective from the date listed on the Statement of Work (SoW) as the start date and continues for one year. This period is the initial term. Either party can terminate this Agreement by emailing a notice to the other party at least thirty days before the last day of the initial term.
Automatic Renewal
The SoW and the Service Agreement automatically renew for additional periods of one year after the initial term.
Compensation
How We Calculate Payment
Each full-time resource works and is billed for 32 hours/week multiplied by their hourly rate. Invoices are submitted monthly and denominated in USD. The hourly rate is calculated based on the complexity of the tasks you assign to a billable resource.
When the Program Changes
Occasionally programs change. As schedules or task assignments change, we update your SoW to reflect these changes. The updates may have financial implications based on the complexity of the program or schedule updates that necessitate frequent overtime compensation for the people assigned to the program.
Payment Schedule & Reconciliation
We invoice in advance of services rendered. The difference will be credited to the next invoice when there is a discrepancy between the hours invoiced and the hours worked.
Overtime
When you require overtime beyond the scope of the SoW, you are obliged to pay for the overtime hours according to the following computation as mandated by the Philippines labor code:
CategoryDescription≤8 hours>8 hoursOrdinary Day Scheduled workday100%125%Rest DayScheduled day(s) off 130% 169%Special HolidayAnnounced legal holidays130%169%Regular Holiday Scheduled national holidays200%260%You are not required to pay overtime for the schedule defined in the SoW. If the program schedule changes, we will issue an updated SoW.
Annual Escalation for Tenured Staff
Because we take a long view of our program engagements, employees bring significant value over time. We charge more for tenured staff according to the following escalation:Year 1 5%Year 2 15%Year 3 5%Year 4 5%Year 5 5%Year 6+ 2.5%We apply the annual increase to the hourly rate on the anniversary of your assigned resource’s certification to the program.
Program Incentives
Because back-office processes are more successful when we motivate your team with graduated incentives for the programs we manage. We develop these incentives during the first 30-60 after your program launches. The incentives vary, so we like to understand your program thoroughly before we propose an incentive plan. We devise incentive plans to reach your objectives and maximize the program’s value. We include the incentives in the monthly invoice, subject to approval.
Additional Fees
You agree to pay for any reasonable and actual business expenditure incurred by us at your direction. These might include third-party, licensed software, telecommunications charges, web hosting, domains, privacy, or specialized computer hardware.
Termination
Business Conduct
We both agree to conduct our businesses and operations to maintain and increase the goodwill and reputation of all. Any violation of this may constitute a ground for termination of this Agreement.
Pre-termination
Either party may terminate this Agreement by giving at least thirty (30) days’ written notification.
Non-payment
Should you fail to pay the compensation defined in the accompanying SoW that is not the subject of a good faith dispute within thirty (30) days of the date due, we may terminate this Agreement and the associated SoW.
General Terms
Confidentiality
Both organizations, their employees, or any person acting for either organization will not disclose any information obtained during our business relationship unless specifically authorized by the relevant parties. This obligation of confidentiality shall survive the termination of this Agreement.
Non-competition
We both agree not to contract with the clients or direct competitors without written consent for the duration of our business relationship and for one year after our business relationship concludes — unless the client or competitor relationship predates the Agreement.
Non–solicitation
You agree not to solicit, induce or encourage directly or indirectly any of our employees to leave the company while this Agreement is in effect and for one year after the date of completion of the Agreement.
Non-binding Clause
You have no authority to bind Lambent Consulting, LLC. by any promise or representation unless specifically authorized in writing by Lambent Consulting, LLC.
Mutual Marketing Provision
Unless otherwise stated, each party may use non-confidential information for marketing purposes.
Notice
Notices will be handled by email and are understood to be delivered upon email reply from the recipient or confirmed by third-party software.
Force Majeure
Neither party shall be liable for the delay or failure of performance caused by force majeure such as fire, explosion, accident, strike, or other similar acts of God. This Agreement will be suspended for the duration of the event and resume when force majeure has ceased.
Lumikha.co, the Outsourcing Teams Blog, Tools for Teams, Outsourcing Lingo, Bagong.org
We offer these sites on an “as is” basis. Lumikha Teams makes no representations or warranties of any kind, express or implied, as to the site’s operation or the information, content, materials, or products included on this site.Lumikha Teams is not responsible for the accuracy of the services, materials, or products obtained through or associated with this site or for any omissions therein.To the full extent permissible by applicable law, Lumikha Teams disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Lumikha Teams will not be liable for any losses, claims, or damages arising out of or in connection with the use of this site, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
Copyright – Lumikha.co
The content and software on this site may be used for information exclusively.Any other use of the content on this site is strictly prohibited and may violate international copyright laws and other intellectual property laws. Violations include, but are not limited to, reproduction, derivative works, modification, distribution, transmission, publication, display, or performance.
Lumikha Teams’ Trademarks
Trademarks may not be used or distributed by you in any manner without the prior written consent of Lumikha Teams. We prohibit the unauthorized use of any of our trademarks.
You may not use tradenames in connection with any product or service that does not belong to Lumikha Teams. You may not reproduce, duplicate, copy, sell, resell, or otherwise exploit, for any purpose, content on this site, including text, graphics, logos, and images, without permission.
Lumikha Teams is a trademark or tradename of Bagong Proseso Oficina, Inc.
Notification of Changes to Lumikha.co
We reserve the right to change these conditions occasionally as we see fit. Your continued site use will signify your acceptance of any adjustment to these terms. If our privacy policy changes, we’ll announce them on our site.