Terms of Service | DigitalOmics Marketing

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

One-Time Projects

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. The remaining balance is due upon project delivery.

Monthly Services

Recurring services such as website maintenance, social media management, and email marketing are billed monthly. No deposit is required for monthly services. Billing begins on the agreed start date and continues until the service is cancelled per Section 10.

Invoicing & Payment

Invoices are sent via email and are due upon receipt unless otherwise agreed
Late payments 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

Infrastructure & Account Transfer

Your deliverables may rely on third-party platforms for hosting, databases, email delivery, and other services. If you choose to take full control of your project after delivery, you are responsible for creating and maintaining your own accounts on these platforms. DigitalOmics will transfer the project files and assets to your accounts, but ongoing platform fees and account management are your responsibility.

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) is available for a limited time. The program may be closed at our discretion with advance notice posted on our website
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. Indemnification

You agree to indemnify and hold harmless DigitalOmics Marketing, its owners, employees, and contractors from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from:

Content you provide that infringes on third-party intellectual property rights, violates privacy rights, or is defamatory
Your breach of these Terms
Your use of deliverables in a manner not contemplated by these Terms or the project proposal

14. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the engagement, including but not limited to business strategies, login credentials, analytics data, customer lists, and unpublished project materials.

Confidential information may not be disclosed to third parties without the disclosing party's written consent, except as required by law or as necessary to perform the services (e.g., sharing project files with a sub-processor under the same confidentiality obligation).

This obligation survives the termination of the engagement.

15. 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 aggregate liability for any and all claims arising from our services shall not exceed the total fees you paid to DigitalOmics Marketing in the 6 months preceding the claim. This limitation does not apply to liability arising from willful misconduct or gross negligence.

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.).

Force Majeure

Neither party shall be liable for delays or failure to perform obligations under these Terms caused by events beyond reasonable control, including natural disasters, pandemics, government actions, internet or infrastructure outages, or third-party service failures. The affected party will notify the other promptly and make reasonable efforts to resume performance.

16. 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 privacy-specific requests, contact us at privacy@digitalomicsmarketing.com.

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.

17. Governing Law & Disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

Dispute Resolution

Before initiating legal action, both parties agree to attempt good-faith resolution through direct communication for at least 30 days. If the dispute is not resolved, either party may pursue mediation administered by a mutually agreed mediator. If mediation does not resolve the dispute, either party may proceed to litigation in the state or federal courts located in Fort Bend County, Texas. Both parties consent to the exclusive jurisdiction of these courts.

18. 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.

19. General Provisions

Entire Agreement

These Terms, together with any signed proposal, service agreement, or change order, constitute the entire agreement between you and DigitalOmics Marketing and supersede all prior discussions, understandings, or agreements relating to the subject matter.

Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any provision of these Terms at any time does not constitute a waiver of that provision or of our right to enforce it in the future.

Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations in connection with a merger, acquisition, or sale of all or substantially all of our assets, provided the assignee agrees to be bound by these Terms.

Notices

All formal notices under these Terms must be sent via email to the contact addresses provided in this agreement. Notice is considered delivered when the email is sent to the correct address.

20. Contact

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

DigitalOmics Marketing
16107 Kensington Dr. No 175, Sugar Land, TX 77479
Email: hello@digitalomicsmarketing.com
General inquiries: Contact page

Also see our Privacy Policy.