1. Introduction
1.1 Agreement
These Terms and Conditions govern all 360 feedback software solutions and any additional services provided by Lumus360 (the “Provider”) to the Client.
1.2 Definitions
1.2.1 “Client” refers to the organisation or individual receiving Services from Lumus360.
1.2.2 “Services” includes the 360 feedback software and any additional support or consulting provided under the agreement.
1.2.3 “Platform” refers to Lumus360’s proprietary software for administering feedback.
2. Scope of Services
2.1 Services Provided
Lumus360 will provide the Client with 360 feedback services as outlined in an accompanying proposal or quotation agreement. Lumus360 commits to reasonable efforts to deliver the services on time and as described.
3. Client Responsibilities
3.1 General Obligations
The Client agrees to provide accurate and timely information to support the delivery of services.
3.2 Usage Restrictions
3.2.1 The Client must not permit any unauthorised person or application to access or use the software.
3.2.2 The Client must not republish or redistribute any content or material from the software.
3.2.3 The Client must not conduct or request load testing or penetration testing on the platform without prior written consent from Lumus360.
3.2.4 The Client must not use the platform in any way that is unlawful, illegal, fraudulent, or harmful.
4. Confidentiality and Copyright
4.1 Confidentiality
Both Lumus360 and the Client agree to treat all software, services, and any provided information as confidential. Disclosure of any such information to third parties is prohibited without prior written consent.
4.2 Intellectual Property and Usage Rights
4.2.1 Lumus360 retains copyright and ownership of its proprietary content and software, including but not limited to manuals, presentations, videos, and coding.
4.2.2 The Client is granted a limited, non-transferable license to use the software solely for internal purposes and as per this agreement.
5. Data Processing and Security
5.1 GDPR (UK) Compliance
Lumus360 will ensure that all data processing, storage, and deletion meet GDPR (UK) requirements and will provide a formal GDPR-compliant Data Processing Agreement upon request.
5.2 Data Security
5.2.1 A copy of Lumus360’s Personal Data and Aplication Security Document is available upon request.
5.2.2 The Client must implement reasonable security measures to protect access credentials and prevent unauthorised access to the software.
6. Fees and Payment
6.1 Fees
The Client agrees to pay Lumus360 the fees specified in the proposal or quotation.
6.2 Invoicing and Payment Terms
6.2.1 Lumus360 will issue invoices within 30 days of completing the work.
6.2.2 Payments are due within 30 days from the invoice date, unless otherwise agreed in writing.
7. Coaching - Cancellation and Rescheduling
7.1 Cancellation Policy
7.1.1 A minimum of 24 hours' notice is required to cancel a coaching session. Cancellations made with less than 24 hours notice will not be eligible for a refund.
7.2 Rescheduling Policy
7.2.1 If a session is cancelled more than 24 hours before the scheduled time, Lumus360 will offer a one-time rescheduling option.
7.3 No-Show Policy
7.3.1 Failure to attend a scheduled session without notice will incur the full session fee, with no rescheduling available. The designated coach will provide written guidance on the next steps along with any reports or resources.
8. Termination
8.1 Termination by Either Party
8.1.1 Either party may terminate this agreement with 60 days' written notice.
8.2 Termination for Breach
8.2.1 Lumus360 reserves the right to terminate the agreement immediately if the Client breaches any material obligation under these Terms.
9. Amendments
9.1 Modification of Terms
Lumus360 reserves the right to amend these Terms. Changes will be effective upon written notice to the Client or as posted on Lumus360’s website.
10. Dispute Resolution
In the event of a dispute, both parties agree to seek resolution through mediation before pursuing legal action.