Terms of Service
These Terms of Service govern your use of the websites, products, and services provided by On Web Marketing™ and any related materials delivered by our team. By engaging our services or accessing our site, you agree to these terms.
1. Services
We provide website strategy, design, content, programming, and management, plus XOBase™ forms handling and Search Engine Indexing Intelligence. Deliverables and timelines are defined in a written proposal or order confirmation.
2. Quotes & pricing
Projects are fixed price unless stated otherwise. Quotes are based on scope, page count, features, and integrations. Any out of scope request requires written approval and a revised quote before work proceeds.
3. Client responsibilities
- Access: Provide timely access to accounts, assets, and stakeholders.
- Content: Supply accurate text, images, and brand materials or authorize us to create them.
- Reviews: Give consolidated feedback within agreed review windows.
- Compliance: Ensure that provided materials comply with laws and third party rights.
4. Approvals & change requests
Sign offs occur at key milestones, such as wireframes, design, and build. Changes after approval may affect timeline or price. We will confirm impact in writing and proceed only with your consent.
5. Payment terms
- Schedule: Typical terms are 50 percent to start, balance at launch, unless stated otherwise.
- Invoices: Due upon receipt. Late balances may pause work until payment is received.
- Expenses: Pre approved third party costs are billed at cost.
6. Intellectual property
- Your materials: You retain ownership of materials you supply.
- Deliverables: Upon full payment, you receive a license to use final deliverables for your business.
- Methods & tools: We retain ownership of processes, libraries, and utilities used to produce work.
7. XOBase™ forms
XOBase™ provides low friction forms, routing, and anti spam logic. We use honeypots, word filters, and throttles to reduce unwanted submissions. No anti spam technique is perfect, so some unwanted messages may still occur.
8. Search Engine Indexing Intelligence
Indexing Intelligence records visits from a broad set of search and AI crawlers. Logs reflect crawler access detected on your site. We do not control third party crawlers and cannot guarantee indexation or ranking outcomes.
9. Third party services
Projects may require third party hosting, domains, analytics, or email platforms. You agree to applicable third party terms. We are not responsible for outages or changes made by those providers.
10. Confidentiality
Each party will protect non public information received from the other and use it only for the project. We may reference your brand and high level project description in portfolio materials unless you request otherwise in writing.
11. Data & privacy
We handle submitted information with care and follow reasonable security practices. Our Privacy Policy explains what we collect and how it is used.
12. Warranties
We warrant that we will perform services in a professional manner. Except for this limited warranty, services and deliverables are provided as is. We do not warrant specific rankings, traffic levels, or conversion results.
13. Limitation of liability
To the maximum extent permitted by law, our total liability for any claim is limited to the amount you paid for the service that gave rise to the claim. We are not liable for indirect or consequential damages.
14. Indemnification
You agree to indemnify and hold us harmless from claims arising from materials you provide, your use of the deliverables in violation of these terms, or your violation of applicable laws.
15. Term & termination
Either party may terminate a project for material breach if not cured within ten days after written notice. Upon termination, you will pay for work completed to date and any approved third party costs.
16. Launch & post launch fixes
We address launch related defects reported within 30 days of release. Enhancements or new requests are handled under a separate quote or a management plan.
17. Governing law
These terms are governed by the laws of the state where On Web Marketing™ is organized, without regard to conflict of laws rules. Venue lies in the courts of that jurisdiction.
18. Changes to these terms
We may update these terms from time to time. The version posted on this page is the current version. Material changes apply to future engagements after the change date.
19. Contact
Questions about these terms. Contact us and we will follow up with clear next steps.