Terms of Service

Terms of Service Agreements

These are general guidelines and terms to our services offered. As a client of O.W.M Consulting, you're agreeing to these. It is important that you understand this agreement and if you've any questions you ask those prior to our agreement to move forward. In compliance to the laws governing British Columbia, Canada, O.W.M Consulting has, in their fullest right to enforce these Terms of Service over all related service activities and endeavours. With that being said, to follow (broken into sections) are our Terms of Service you're agreeing to:

General Summary

We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if stuff goes wrong. In this agreement you won't find complicated legal terms or large passages of unreadable text. We have no desire to trick you into agreeing to something that you might later regret. We do want what's best for the safety of both parties, now and in the future. What are both parties agreeing to?

As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this contract.

We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavour to meet all the deadlines set but we can't be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that you give us.

Limitation of Liability

In no event will O.W.M Consulting be liable for:

(I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service;

(II) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service; because some Provinces / States do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, O.W.M Consulting's liability is limited to the greatest extent permitted by law.

O.W.M Consulting makes no representations whatsoever about any other web site that you may access through this one or which may link to this site. When you access a non-O.W.M Consulting web site, please understand that it is independent from ours and that ours has no control over the content on that web site. In addition, an outbound link to our web site does not mean that O.W.M Cosnulting endorses or accepts any responsibility for the content, or the use of such said web site.

Indemnification

You agree to indemnify, defend and hold harmless O.W.M Consulting its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

Third Party Rights

The provisions stated in this Limitation of Liability as well as in the Terms of Service are for the benefit of our company, O.W.M Consulting and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Termination

Either party may terminate this Agreement without notice at any time for any reason in our sole and absolute discretion. You agree that this website shall not be liable to you or any third party for any termination of your access to the Service.

Choice of Law

Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity of the Agreement, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules in effect on the date of this contract. The appointing authority shall be the North American Arbitration Association. The place of arbitration shall be within and around the place of business for O.W.M Consulting. The case shall be administered by the North American Arbitration Association in accordance with its "Procedures for Cases under the UNCITRAL Arbitration Rules."

Miscellaneous

Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. O.W.M Consulting's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. We may assign its rights and duties under this Agreement to any party at any time without notice to you.

Confidentiality and Privacy

In compliance to "TRUSTe", O.W.M Consulting abides to those guidelines stated here. This privacy statement describes how ourwebmedia.com collects and uses your personal information. At no time will your information be shared with third-parties unless otherwise granted by said client. For more details we encourage you to read the Privacy Policy.

Copyrights and Material Permissions Usage

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good selves, or that you have permission to use them.

When we receive your final payment, copyright is automatically assigned as follows:

You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them safely as we are not required to keep them or provide any native source files that we used in making them. Although for an extra cost we can backup these files for up to 5 years at a time. Details can be discussed if interested.

You also own text content, photographs and other data you provided, unless someone else owns them. We own the XHTML markup, CSS and other code and we license it to you for use on only this project.

We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books for design.

Signed Contracts and Agreements

For projects under $1,000.00 USD, contracts are not a requirement but are always encouraged.

When contracts are issued, they will be specific to that said project, containing details specific to that work being completed. It is the responsibility of the client to ensure they've read and understood the contract prior to signing and returning it. Digital signatures will not be accepted unless otherwise stated. Contracts may be returned via "Fax", "Mail" or "Email / Scan" and are required to be received prior to the work going forward.

At anytime the client may request for a control to be used for the duration of our work together.

Billing and Payments

O.W.M Consulting uses an in-house billing and customer / client support system. Payment for any billable efforts/services will be billed through our system securely, which requires client registration and login. Once a bill has been generated, it is the responsibility of that client to pay the invoice (service) as agreed.

On any given project, we will secure a minimum 50% deposit prior to starting unless otherwise stated and agreed on by both parties. Upon completion of that agreed work the remaining amount owed must be paid in full before receiving any completed work from O.W.M Consulting.

If working within the clients server (or website directly) to secure our work and the safety of our efforts, we will request a full 100% down unless otherwise agreed on. It is only when working on our own staging environments, where protection of our work is secured that we'll secure a minimum 50% (of the project total).

Timely Payments

We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly.

Deposits will be secured prior to a project starting. This will enable the time frame / turnaround for that work quoted. Unless otherwise agreed, all invoices are to be paid within 7 days of being issued to the client.

Accepted Payment Methods

We will accept the following payment methods (in order of preference):

  • PayPal
  • Swipe
  • Direct Banking Wire Transfers
  • Western Union Wire Transfers
  • Certified Cheque / Money Order
  • Moneybookers (when applicable)

Payments made by Cheque will require being received and cleared prior to any work being started. Cheques must be certified otherwise they will not be accepted. If a payment bounces when received client is responsible for any fees associated with that bounced amount. At any given time O.W.M Consulting has the right to refuse a payment method in request of another method being used.

Clients are subject to fees expensed if incurred while receiving payment unless otherwise agreed.

Refund Policy

O.W.M Consulting has created this refund policy to describe the circumstances when O.W.M Consulting will issue a refund, the process for claiming a refund against an order and the liabilities of O.W.M Consulting related to a transaction ending in a refund claim. By registering for any of O.W.M Consulting services, you are stating that you have read and accept all of the terms and conditions outlined in this refund policy.

Coverage & Scope

This refund policy covers the treatment of refunds by O.W.M Consulting and/or a website owned and operated by O.W.M Consulting.

This refund policy does not apply to the practices of companies that O.W.M Consulting does not own or control, or of persons that O.W.M Consulting does not employ or manage, including any third-party service and/or product providers bound by contract and any third-party websites to which O.W.M Consulting website links.

Filing a complaint

O.W.M Consulting believes that every project starts with a finished project in mind. Therefore, all possible attempts of amicably working out a mutually acceptable solution should be a priority in case of an unsatisfactory service. Refund is a last resort that may be taken when things are absolutely not working out.

Ultimately, our goal is to a reach a mutually satisfactory solution. If you are unsatisfied for any reason that has caused you to think about filing a refund claim, please take a few minutes to write to our Clients Department (login is required with your provided client login credentials) to initiate a dialog before requesting a refund.

Refund claims should only be filed if we are unable to come to a mutually satisfactory solution.

Eligibility for refund

O.W.M Consulting takes every project very seriously and ensures that the same is handled in a professional manner and the client gets the result as per the terms and conditions of the proposal. However, if the client is not happy with the outcome and has gone through the dispute resolution process, we do consider refund requests as per the following schedule which clearly lists the services and our refund policy related to each service.

Web / Graphic design

Delivery Time

Full refund if project has not initiated or if the initial design style is not approved.

If we fail to deliver as per our delivery policy after the initial design style is approved, then we will issue a partial refund as per the proportion of the work completed.

If we have completed the project and uploaded it on the server, no refunds will be issued.

Logo Design / Branding / Graphics

Delivery Time

Full refund if project has not initiated or if the initial design style is not approved.

If we fail to deliver as per our delivery policy after the initial design style is approved, then we will issue a partial refund as per the proportion of the work completed.

If we have completed the project and uploaded it on the server, no refunds will be issued.

Web Programming / Development

Delivery Time

Full refund if the project has not started.

Every web programming project has its own agreement. In case there is no agreement and explicit mention of refund policy, the following delivery policy will be applicable.

Partial refund will be issued as per the discretion of the service provider if the project has not been completed as per the delivery policy and agreed upon contract. This will be calculated as per the proportion of the project completed by O.W.M Consulting and the proportion that is left to be completed as per the pre-defined scope of the project.

Webmaster / Maintenance Services

Delivery Time

Full refund if the services have not yet been initiated.

Proportionate amount will be refund if client decides to cancel within the first 7 days of the service.

A minimum 3 month subscription is required on registration for all Webmaster-related subscription plans.

Webmaster services are outlined on the Webmasters page, or in contract if otherwise negotiated prior to service payment.

Dedicated Hiring / Offsite Hiring

Delivery Time

Full refund if the programmer / designer / content writer / SEO expert (or any other resource / staff) has not started the project.

Proportionate amount will be refunded if the client decides to cancel the order at any point of time.

No refund will be provided for the days the resource has already worked. If client is not satisfied with the work at any point of time, client must immediately notify the assigned Project Manager and ask for commitments towards discounts for the work loss. Any such negotiation at a later date will not be acceptable.

Applicability of the Delivery Policy

Please note that O.W.M Consulting's delivery commitment is subject to:

Timely payments

A project is not considered to be void if the agreed upon / listed payments are not clear.

Timely communication from the client

O.W.M Consulting is not bound to respect the Refund Policy, if required information for successful completion of the project is not communicated to us in a timely manner. Any delay or failure of the project arising out of such situations cannot be attributed to O.W.M Consulting.

Completeness of information provided by the client

If the information provided to O.W.M Consulting is incomplete and/or complete information/scope of the project is not provided at the beginning of the project, O.W.M Consulting is not bound to maintain its delivery and /or refund commitments.

O.W.M Consulting will not make any compensation for the delay of delivery under any circumstances, unless there is a special agreement signed with a penalty clause for delay in delivery.

Limitation of Liability

O.W.M Consulting's liability is limited to the value of the portion of the project (as per O.W.M Consulting's proposal) which stands incomplete at any given point of time. At any point of time, O.W.M Consulting cannot be held responsible for losses arising out of the services delivered / not delivered or the delay in the same. The liability to refund arises only once the project has been cancelled by the client and such cancellation has been communicated to O.W.M Consulting in writing.

Processing of Refunds

Refunds will be processed and refunded within 7-14 business days of the cancellation date and will be made using the same method of payment as the original payment.

Client Responsibility and Agreement

It is the responsibility of the client to ensure they've backed up their website files and database prior to providing O.W.M Consulting with login credentials. Upon sending login credentials, you're stating to us that you've taken the proper preventive measures to ensure a full backup is available to you and can be restored should anything happen. This applies to all services but primarily to those seeking any hands-on support.

As stated in "Limitations of Liability", O.W.M Consulting cannot be held responsible for any lost or corrupt data that may come from our working together. It is of the utmost importance that whether contacting us for Development Services or Technical Support that you've properly backed up your work and have access to restoring that backup should there been the need.

It is not the responsibility of O.W.M Consulting to restore your backups should there been the need for one. If client chooses, client can agree to have O.W.M Consulting restore the backup for a fixed cost providing client can give access for the necessary requirements to perform a restore.