Terms of service
1. Acceptance of Terms
By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.
2. Services Provided
OWConsulting LLC provides website, software, business strategy, and marketing consulting services. While we strive to provide the best services possible, we do not guarantee any specific results.
2.1 Digital Refresh Service
As part of our specialized service offerings, we provide a comprehensive Digital Refresh service, which includes the following:
- Custom Website Design: Creation of a bespoke website design that aligns with your brand identity.
- Build-out of Each Deliverable: Each element will include up to two rounds of revisions. Additional revisions or work beyond the initial scope will incur a fee of $100 per hour.
2.2 Digital Upgrade Service
As part of our specialized service offerings, we provide a comprehensive Digital Upgrade service, which includes the following:
- Messaging Guidelines: Detailed guidelines to standardize communication tone, style, and key messages.
- New Positioning Statements: Crafting of updated positioning statements to accurately convey your brand’s unique value.
- New Logo with Brand Guidelines: Design of a new logo accompanied by detailed brand guidelines (color palette, typography, etc.).
- Profesional Photo Editing: Send up to 100 photos for us to profesionally edit.
- Custom Website Design: Creation of a bespoke website design that aligns with your brand identity.
- Build-out of Each Deliverable: Each element will include up to two rounds of revisions. Additional revisions or work beyond the initial scope will incur a fee of $100 per hour.
3. Termination
OWConsulting LLC reserves the right to terminate any service agreement or relationship with a client at any time, for any reason, at our sole discretion, without prior notice.
4. Warranties & Representations
OWConsulting LLC provides its services “as is” without any warranties or representations, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Clients use our services at their own risk.
5. Waiver
Failure of OWConsulting LLC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
6. Data Protection and Security
OWConsulting LLC may host, manage, or store client data as part of our services across various platforms and storage solutions. While we prioritize the implementation of robust security measures to protect client data, we cannot guarantee the absolute security of any information under our custody or control. OWConsulting LLC shall not be held responsible or liable for any unauthorized access, breaches, or data leaks that may occur concerning any data hosted, managed, or stored by us. Clients are advised to take their own precautions, such as ensuring data encryption, maintaining regular data backups, and using secure methods for data transfer. Clients are responsible for ensuring that any sensitive information provided to or stored by OWConsulting LLC complies with all relevant data protection and privacy regulations. Clients should also ensure that they have obtained all necessary consents and permissions for the sharing and processing of data with OWConsulting LLC.
7. Third-Party Tools and Services
In providing our services, OWConsulting LLC may use third-party tools, software, or services (“Third-Party Services”). These Third-Party Services are utilized to enhance the client experience and assist in the service delivery. OWConsulting LLC is not responsible for any failures, loss of data, or issues arising from the use of these Third-Party Services. Clients may be required to agree to the terms and conditions of these Third-Party Services and are responsible for reviewing and accepting those terms.
8. No Exclusivity
Clients acknowledge that OWConsulting LLC may concurrently provide services to other clients, including those in similar industries or sectors. The services provided by OWConsulting LLC are non-exclusive.
9. Liability Limitation
To the maximum extent permitted by law, OWConsulting LLC, its affiliates, partners, and its respective officers, directors, employees, or agents will not be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, or any damages whatsoever arising out of or in connection with the use of our services.
10. Indemnification
You agree to defend, indemnify, and hold harmless OWConsulting LLC, its affiliates, partners, and its respective officers, directors, employees, and agents from and against any claims, actions, or demands, including but not limited to reasonable legal and accounting fees, arising or resulting from your use of our services or your breach of these Terms.
11. Ownership
Any content, deliverables, strategies, plans, software, or other materials developed by OWConsulting LLC in the course of providing services to you will remain the exclusive property of OWConsulting LLC. You may not reproduce, redistribute, or modify any such materials without the express written permission of OWConsulting LLC.
12. Confidentiality
OWConsulting LLC commits to maintaining the confidentiality of all client information, including but not limited to industry secrets, designs, ideas, company performance, and any information that could provide a competitive advantage to a competitor.
13.Relationship of the Parties
For the purposes of these Terms and any services provided by OWConsulting LLC, the relationship between the parties is that of an independent contractor. OWConsulting LLC is not an employee, partner, or agent of the client.
14. Governing Law
These Terms and any disputes arising from them shall be governed by the laws of the State of California, without regard to its conflict of law principles.
15. Entire Agreement
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all previous written or oral agreements, representations, or warranties between the parties. No oral promises or representations shall be binding unless expressly included in these Terms.
16. Dispute Resolution
You agree that any disputes arising out of or relating to these Terms, our services, or any aspect of the relationship between you and OWConsulting LLC, shall first attempt to be resolved through mediation. If mediation is unsuccessful, then the parties may seek remedies through legal avenues, subject to the limitations set forth in these Terms.
17. Updates to Terms of Service
OWConsulting LLC reserves the right to modify or update these Terms at any time. Any changes will be effective immediately upon posting to our website or other client communication channels. Your continued use of our services after any modifications indicates your acceptance of the updated Terms.
18. Cancellation Policy
If you wish to cancel our services, a 90-day notice is required. Upon receiving your cancellation request, you will undergo one more billing cycle before the termination of services. All payments made up to the point of cancellation are non-refundable.