1. Agreement to These Terms
By engaging Luna Power Pty Ltd ("we", "us", "our") for professional business and consulting services, or by using our website at https://lunapower.online, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, please do not use our services or website. These terms apply together with any written engagement letter, statement of work, or proposal we issue to you, which will take precedence where it conflicts with these terms.
2. Who We Are
Luna Power Pty Ltd is an Australian proprietary limited company registered in Victoria, operating under ABN 87 703 129 113. We provide professional business and consulting services, including business strategy, operational advisory, financial planning support, and related consulting work for small and medium-sized enterprises. Our principal place of operation is Melbourne VIC, and we serve clients across greater Melbourne and beyond.
3. Scope of Services
Each engagement will be governed by a written scope of work agreed between you and us before commencement. That scope will describe the specific deliverables, timelines, assumptions, and fees applicable to your engagement. We will provide services with reasonable skill and care and in accordance with generally accepted professional standards for business consulting. Unless expressly agreed in writing, we do not provide legal advice, registered tax agent services, licensed financial product advice, or audit and assurance services.
4. Quotes, Fees and Payment
Quotations issued by us are valid for 30 days unless otherwise stated. Fees are quoted in Australian dollars and exclude GST unless expressly noted. Unless a different payment schedule is agreed in writing, our standard terms are: an initial deposit of 30% on acceptance of the engagement, with the balance invoiced on completion of milestones or delivery of the agreed work. Invoices are payable within 14 days of the invoice date.
If an invoice remains unpaid beyond its due date, we may suspend work, charge interest on overdue amounts at the rate of 2% per month, and recover reasonable costs of debt collection. You remain liable for all fees incurred up to the date of any suspension.
5. Client Responsibilities
To enable us to deliver services effectively, you agree to: provide timely access to accurate and complete information, records, and personnel; respond to reasonable requests within agreed timeframes; nominate a primary point of contact for the engagement; and notify us promptly of any changes to your business circumstances that may affect the work. Delays caused by incomplete or late information may affect delivery timelines and, where applicable, incur additional fees.
6. Australian Consumer Law
Nothing in these Terms of Service excludes, restricts, or modifies any rights you have under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other rights that cannot lawfully be excluded. Under the Australian Consumer Law, our services come with guarantees that cannot be excluded, including a guarantee that services will be provided with due care and skill, be reasonably fit for purpose, and be supplied within a reasonable time. If you are a "consumer" under the Australian Consumer Law and the services fail to meet a consumer guarantee, you may be entitled to a remedy such as re-supply of the services or compensation for the reasonable cost of having the services re-supplied.
Where permitted by law and where you are not a consumer under the Australian Consumer Law, our liability for breach of these terms is limited, at our option, to the re-supply of the affected services or the payment of the cost of having the services re-supplied.
7. Limitation of Liability
To the fullest extent permitted by law, and subject to section 6 above, Luna Power Pty Ltd will not be liable for any indirect, incidental, special, or consequential loss, including loss of profit, revenue, goodwill, or business opportunity, arising from the services or your use of our website. Our total aggregate liability for any claim arising out of or in connection with an engagement is limited to the total fees paid by you for that engagement. This limitation does not apply where liability cannot be excluded by law, including liability for fraud, negligence causing personal injury, or breaches of the Australian Consumer Law guarantees.
8. Intellectual Property
All pre-existing intellectual property, including our methodologies, templates, frameworks, and tools, remains the property of Luna Power Pty Ltd. Upon full payment of all fees due for an engagement, we grant you a perpetual, non-exclusive, non-transferable licence to use the deliverables prepared specifically for you for your internal business purposes. You retain ownership of all information and materials you provide to us.
9. Confidentiality
Both parties agree to keep confidential all non-public information disclosed during an engagement, including business plans, financial data, and commercial arrangements, and to use such information only for the purposes of the engagement. This obligation survives the completion of the engagement for a period of three years, unless the information is or becomes public through no fault of the receiving party, is required to be disclosed by law, or was already lawfully known to the receiving party.
10. Privacy
We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). By engaging our services, you consent to the collection, use, and disclosure of personal information as described in that policy.
11. Website Terms of Use
Content on this website, including text, graphics, and branding, is provided for general information only and does not constitute professional advice for your specific circumstances. You should obtain tailored advice before acting on any information published here. You may not reproduce, republish, or commercially exploit website content without our prior written consent. We use third-party stock photography on this website for illustrative purposes; any persons or premises depicted are illustrative only and do not represent our team or premises.
12. Termination
Either party may terminate an engagement with 14 days' written notice. If you terminate partway through an engagement, you remain liable for fees for work performed up to the effective date of termination, including any non-cancellable commitments we have made on your behalf. We may terminate an engagement immediately if you breach these terms materially, fail to pay invoices when due, or if continuing the engagement would place us in breach of law or professional standards.
13. Dispute Resolution
If a dispute arises, both parties agree to first attempt good-faith resolution through direct discussion between nominated representatives. If the dispute is not resolved within 30 days, either party may escalate the matter to mediation in Melbourne VIC, with costs shared equally. Nothing in this clause prevents either party from seeking urgent injunctive relief or pursuing rights under the Australian Consumer Law.
14. Governing Law
These Terms of Service are governed by the laws of Victoria, Australia, and the parties submit to the jurisdiction of the courts of Victoria and the Commonwealth of Australia.
15. Changes to These Terms
We may update these Terms of Service from time to time by publishing a revised version on this page. The revised version will apply to engagements accepted after the date of publication. Continued use of our website after changes are posted constitutes acceptance of the updated terms.
16. Contact Us
If you have questions about these Terms of Service, please contact us:
Luna Power Pty Ltd
ABN 87 703 129 113
Melbourne VIC, Australia
Email: ceo@lunapower.online