Legal Agreement

Terms of Service

These terms govern your use of our services and establish our mutual responsibilities.

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and OM Digital LLC ("Company," "we," "us," or "our") regarding your use of our website at omdigital.cc and our digital consulting and development services.

By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

Our Services

OM Digital LLC provides digital consulting and custom software development services, including:

  • Digital strategy consulting and business transformation guidance
  • Custom software development and web applications
  • Cloud infrastructure optimization and management
  • UI/UX design and branding services
  • Technical consulting and architecture planning
  • Ongoing support and maintenance services

Service Agreements

Project Scope and Specifications

All services will be provided according to written project specifications agreed upon between the Client and Company. Any changes to project scope must be documented in writing and may result in additional costs and timeline adjustments.

Timeline and Deliverables

Project timelines are estimates based on the agreed scope and Client responsiveness. Delays caused by Client feedback, content provision, or scope changes may affect delivery dates. We will communicate any timeline adjustments promptly.

Client Responsibilities

  • Provide accurate and complete project requirements
  • Supply necessary content, materials, and access credentials
  • Respond to requests for feedback within agreed timeframes
  • Make timely payments according to the agreed payment schedule
  • Maintain appropriate backup of all data and content

Payment Terms

Fees and Payment Schedule

Project fees will be specified in the service agreement. Payment schedules may include:

  • Upfront deposits (typically 25-50% of project value)
  • Milestone-based payments
  • Monthly retainers for ongoing services
  • Final payment upon project completion

Payment Methods

We accept payments via bank transfer, business check, and other approved electronic payment methods. Payment arrangements are established during the project consultation phase.

Late Payments

Payments are due within 30 days of invoice date. Late payments may incur a 1.5% monthly service charge and may result in suspension of services until payment is received.

Intellectual Property Rights

Client Ownership

Upon full payment, Client owns all custom work product specifically created for their project, including custom code, designs, and content. This excludes pre-existing Company intellectual property, third-party components, and general methodologies.

Company Retention Rights

Company retains ownership of its pre-existing intellectual property, development tools, frameworks, and general business methodologies. Company may use general knowledge and experience gained from projects for future work.

Third-Party Components

Projects may include third-party software components, libraries, or services subject to their respective licenses. Client is responsible for compliance with all applicable third-party licenses.

Confidentiality

Both parties agree to maintain confidentiality of proprietary information shared during the engagement. This includes business strategies, technical specifications, user data, and other sensitive information. Confidentiality obligations survive termination of the service agreement.

Warranties and Disclaimers

Service Warranty

We warrant that our services will be performed with professional skill and care consistent with industry standards. We will correct any material non-conformance at no additional cost within 90 days of delivery.

Disclaimer

EXCEPT AS EXPRESSLY STATED, ALL SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CLIENT FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM. WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

Termination

Termination for Convenience

Either party may terminate the agreement with 30 days written notice. Client will be responsible for payment of all work completed and expenses incurred up to the termination date.

Termination for Cause

Either party may terminate immediately for material breach that remains uncured after 15 days written notice. Company may suspend services immediately for non-payment.

Force Majeure

Neither party shall be liable for delays or failures due to circumstances beyond their reasonable control, including natural disasters, government actions, labor disputes, or technical failures of third-party services.

Dispute Resolution

Any disputes shall first be addressed through good faith negotiation. If unresolved, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Governing Law

These Terms are governed by the laws of the United States and the State of Delaware, without regard to conflict of law principles. Any legal proceedings shall be conducted in Delaware.

Website Use Terms

Acceptable Use

You may use our website for lawful purposes only. You agree not to:

  • Attempt to gain unauthorized access to our systems
  • Use automated tools to scrape or download content
  • Transmit viruses, malware, or harmful code
  • Violate any applicable laws or regulations
  • Interfere with the proper functioning of the website

Content Accuracy

While we strive to provide accurate information, we make no warranties about the completeness, accuracy, or reliability of website content. Information is subject to change without notice.

Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via email or website notice. Continued use of our services after changes constitutes acceptance of the updated Terms.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect. Invalid provisions shall be modified to the minimum extent necessary to make them enforceable.

Entire Agreement

These Terms, together with any signed service agreements and privacy policy, constitute the entire agreement between the parties and supersede all prior agreements and understandings.

Contact Information

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

OM Digital LLC

Email: legal@omdigital.cc

General Contact: contact@omdigital.cc

Support Email: support@omdigital.cc

Website: omdigital.cc