Terms of Service

1. Services

DigitalOmics Marketing provides digital marketing services as described in the service catalog on our website. The specific services, scope, pricing, and deliverables for each engagement are defined in the project proposal or quote provided to you.

In the event of a conflict between these Terms and a signed proposal or service agreement, the signed document governs for the specific terms in question.

2. Quotes & Proposals

• Quotes for variable-price services are estimates, not guaranteed fixed prices. Fixed-price quotes are binding once accepted in writing (email or signed agreement).
• Quotes are valid for 30 days from the date of issue unless otherwise stated.
• Acceptance of a quote — by signing, replying via email, or approving through our client portal — constitutes agreement to the proposed scope and pricing.
• Changes to the project scope after acceptance require a new quote or written change order.

3. Payment Terms

Deposits

A deposit is required before work begins on any project. The deposit amount will be specified in your proposal — typically 50% of the total project cost. Work will not commence until the deposit is received.

Invoicing & Payment

• Invoices are sent via email and are due upon receipt unless otherwise agreed
• Late payments may incur a fee of 1.5% per month on the outstanding balance
• Accepted payment methods: credit card, debit card, and ACH transfer via Stripe

Taxes

All prices are exclusive of applicable taxes. You are responsible for any sales tax, VAT, or other taxes required by your jurisdiction.

4. Project Timeline & Delays

Estimated timelines are provided at project kickoff and in your proposal. Timelines begin upon receipt of your deposit and all required content.

Client-Caused Delays

• If you do not provide required content, feedback, or approvals within 10 business days of our request, the project may be placed on hold
• Projects on hold for more than 30 days may be re-queued at our discretion, which may extend the timeline
• Projects inactive for 90 days without client response may be closed with no refund of the deposit

We will always reach out before closing an inactive project.

5. Revisions & Change Requests

Included Revisions

Each service includes a defined number of revision rounds, as specified in your proposal (typically 3 for website builds, 1 for content and social posts). A revision round is a single consolidated batch of feedback submitted at one time.

Post-Delivery Changes

• Changes after your included revision rounds are exhausted are billed at $75/hour
• This rate is not discounted under the Founding Client Program
• A quote will be provided before work begins on any post-delivery change request

Scope Changes

Changes that expand the agreed project scope (new pages, new features, new services) are treated as new work, not revisions, and require a new quote or change order.

6. Content Responsibility

Client-Provided Content

Unless copywriting is purchased as an add-on, you are responsible for providing all website copy, photography, brand assets (logo, colors, fonts), and supporting materials. Content should be delivered within 10 business days of project kickoff.

Content Accuracy

You warrant that all content you provide is accurate, legally compliant, and does not infringe any third-party rights. DigitalOmics is not responsible for errors in client-provided content.

Placeholder Content

If content is not provided on time, we may use placeholder text and images for build purposes. Swapping in final content after delivery may be billed as a post-delivery change at $75/hour.

7. Intellectual Property & Ownership

Client Ownership

Upon receipt of final payment, you own all deliverables created specifically for you: website code, written content, brand assets, and custom graphics.

DigitalOmics Rights

• We retain the right to display your completed project in our portfolio and use it as a case study, unless you request confidentiality in writing at project kickoff
• We retain ownership of proprietary tools, templates, and frameworks that are not specific to your project (e.g., reusable UI components, automation templates)
• You receive a license to use these tools as part of your deliverable, but not to resell or redistribute them

Open-Source Components

Some deliverables include open-source software (e.g., Next.js, Tailwind CSS) subject to their respective licenses (MIT, Apache, etc.). These licenses are separate from our agreement.

8. Post-Launch Warranty

Bug Fix Warranty

We warrant deliverables against defects (bugs) for 30 days after launch. A “bug” is functionality that does not operate as specified in the approved proposal. Bug fixes during the warranty period are provided at no additional charge.

Warranty Exclusions

• Third-party service outages (Vercel, Supabase, Google, Stripe, etc.)
• Issues caused by modifications you make to the codebase after delivery
• Browser compatibility beyond the browsers tested at delivery
• Issues caused by improperly formatted client-provided content

For ongoing support beyond the warranty period, a monthly maintenance plan is required.

9. Hosting & Maintenance

All website builds require an active monthly maintenance plan. Three tiers are available: Essential ($99/mo), Growth ($199/mo), and Pro ($349/mo). See our pricing page for details.

• Maintenance plans may be cancelled with 30 days' advance written notice
• Tier changes (upgrades or downgrades) take effect on the next billing cycle
• We do not guarantee specific uptime percentages beyond those provided by Vercel's infrastructure

10. Cancellation & Refunds

One-Time Projects

• Before work begins: Deposit is fully refundable if you cancel before any work has started
• During discovery/design phase: Deposit is non-refundable; no additional charges
• During build phase: Deposit is non-refundable, plus you will be billed for hours completed at $75/hour
• After delivery: Non-refundable

Monthly Services

Monthly services may be cancelled with 30 days' written notice. No refunds are provided for partial months already billed.

DigitalOmics-Initiated Cancellation

We reserve the right to terminate an engagement for non-payment, abusive conduct, or violation of these terms. In this case, work completed to date is billable, and any unused deposit (after payment of billable hours) will be refunded.

11. Launch Approval

Before any website goes live, you must provide written approval (email or signed form). This approval confirms that the deliverable meets the agreed scope.

If you do not provide approval or feedback within 14 business days of delivery, the deliverable is deemed approved and the project is considered complete. Changes requested after launch approval are subject to the $75/hour post-delivery rate.

12. Founding Client Program Terms

Eligibility & Discount

• Founding Client pricing (50% off all services) applies only to services contracted before the program end date
• The $75/hour post-delivery change rate is not discounted
• The founding rate is locked in for the full scope of your initial signed proposal

Client Obligations

• Required: A written testimonial (2–3 paragraphs) within 30 days of project delivery
• Required: Permission to use your project as a case study in our marketing materials
• Optional: A brief video testimonial (1–2 minutes)
• Optional: Willingness to serve as a reference for future prospects

All obligations are documented in your service agreement before work begins. For full program details, see the Founding Client Program page.

13. Limitation of Liability & Disclaimers

Results Disclaimer

We do not guarantee specific outcomes from our services including but not limited to: search engine rankings, ad performance, leads generated, revenue increases, or social media engagement. All performance estimates are projections based on industry averages, not contractual guarantees.

Liability Cap

Our total liability for any claim arising from our services shall not exceed the fees you paid in the 6 months preceding the claim.

Indirect Damages

We are not liable for indirect, consequential, incidental, or punitive damages, even if advised of the possibility.

Third-Party Services

We are not responsible for outages or failures of third-party services (Vercel, Google, Meta, Stripe, Supabase, etc.).

14. Data & Privacy

Data collected and processed in the course of providing services is governed by our Privacy Policy. By engaging DigitalOmics Marketing, you agree to the Privacy Policy.

For clients where we handle end-user data (e.g., processing email lists or accessing customer databases), a Data Processing Agreement (DPA) may be required. Contact us to discuss.

15. Governing Law

These Terms are governed by the laws of the State of Texas. Any disputes shall be resolved in the courts of Texas. Both parties agree to attempt good-faith resolution before initiating legal action.

16. Changes to These Terms

We may update these Terms from time to time. Changes will be posted at this URL with an updated “Last Updated” date. Continued use of our services after changes are posted constitutes acceptance. For material changes affecting active client contracts, we will provide 30 days' advance written notice.

17. Contact

If you have questions about these Terms of Service, contact us:

DigitalOmics Marketing
Email: hello@digitalomicsmarketing.com
General inquiries: Contact page

Also see our Privacy Policy.