Terms & Conditions

Welcome to ON DM. These Terms & Conditions govern your access to and use of our website, communication channels, proposals, quotations, and digital services. By using our website or engaging ON DM for any service, you agree to these Terms. ON DM provides digital solutions including, but not limited to, website development, app development, user experience design, digital marketing and advertising solutions, social media management, design and branding, and IT/business operations management.

- “ON DM,” “we,” “our,” or “us” means the ON DM digital solutions agency. - “Client,” “you,” or “your” means any person, company, or entity that uses our website, requests a quotation, signs a proposal, or purchases our services. - “Services” means all digital, creative, marketing, technical, operational, consulting, and support services provided by ON DM. - “Deliverables” means any outputs produced for the Client, including designs, websites, applications, marketing materials, content, reports, strategies, source files, or other agreed outputs. - “Agreement” means the signed proposal, quotation, statement of work, invoice, purchase order, or written confirmation between ON DM and the Client.

The exact scope, timeline, deliverables, fees, and responsibilities for each project will be defined in the relevant proposal, quotation, contract, invoice, or written agreement. Any service, feature, revision, integration, platform, advertisement spend, third-party subscription, hosting, plugin, license, content writing, photography, translation, legal review, or support work not expressly included in the approved scope will be treated as additional work and may require additional fees and timeline adjustments.

Quotations and proposals are valid only for the period stated in them. If no validity period is stated, they remain valid for 15 calendar days from the date of issue. A project is considered accepted when the Client signs the proposal, confirms acceptance in writing, pays the required deposit, or otherwise instructs ON DM to start work.

The Client agrees to: - Provide accurate, complete, and timely information, content, approvals, brand assets, access credentials, and feedback required for the project. - Ensure that all materials provided to ON DM do not infringe any third-party rights, including copyrights, trademarks, privacy rights, or confidentiality obligations. - Review deliverables within the agreed review period. - Obtain any required legal, regulatory, governmental, industry, or platform approvals related to the Client’s business, content, offers, ads, products, or services. - Pay all agreed fees on time. Delays caused by missing content, delayed approvals, inaccurate information, or lack of access may affect the project timeline and may result in additional costs.

Payment terms will be stated in the proposal, quotation, invoice, or agreement. Unless otherwise agreed in writing, ON DM may require an upfront deposit before starting work. All payments must be made by the due date stated on the invoice. Late payments may result in suspension of work, delivery delays, withholding of final deliverables, or termination of the project. Government fees, ad spend, hosting, domains, paid tools, third-party subscriptions, platform fees, plugins, payment-gateway fees, and other external costs are not included unless expressly stated in writing.

Revisions are limited to the number and type stated in the approved proposal or agreement. A revision means a reasonable modification to an existing agreed deliverable; it does not include a new concept, new feature, new page structure, new campaign direction, or major change in scope. Any request that changes the approved scope, timeline, technical structure, creative direction, or business requirements may be considered a change request and may require a separate quotation or written approval.

ON DM will make reasonable efforts to meet agreed timelines. Timelines may change due to Client delays, third-party service delays, force majeure events, technical dependencies, changes in scope, or delayed payments. Any timeline shared before receiving all required content, access, and approvals is an estimate unless expressly confirmed as final in writing.

A deliverable is considered approved when the Client confirms approval in writing, publishes or uses the deliverable, pays the final invoice, or fails to provide consolidated feedback within the agreed review period. After final approval, any additional edits, fixes, support, optimization, or new requirements may be treated as additional work unless covered by an active maintenance or support agreement.

For marketing and advertising services, ON DM may provide strategy, campaign setup, creative assets, content plans, performance monitoring, optimization, and reporting according to the agreed scope. The Client acknowledges that marketing results depend on several factors outside ON DM’s full control, including market conditions, audience behavior, competition, platform algorithms, ad account history, offer quality, landing page quality, budget, seasonality, and approval policies of advertising platforms. ON DM does not guarantee specific sales, leads, rankings, reach, engagement, revenue, or return on ad spend unless expressly agreed in writing. Advertising spend is separate from ON DM’s service fees unless expressly stated otherwise. The Client is responsible for complying with advertising platform policies and applicable laws related to the advertised products or services.

For websites, applications, LMS platforms, e-commerce platforms, dashboards, or custom software, ON DM will develop the agreed features based on the approved scope. Unless otherwise agreed, ON DM is not responsible for issues caused by third-party hosting, plugins, APIs, payment gateways, external platforms, Client-side modifications, unsupported browsers/devices, outdated software, or changes made by anyone other than ON DM. Technical support, maintenance, backups, monitoring, security hardening, updates, performance optimization, and post-launch enhancements are included only if expressly stated in the agreement.

Some projects may rely on third-party services such as hosting providers, domain registrars, analytics tools, CRM systems, payment gateways, email platforms, advertising platforms, social media platforms, app stores, plugins, APIs, or AI tools. ON DM is not responsible for third-party downtime, pricing changes, policy changes, rejection of ads or apps, account suspensions, API changes, data loss, security breaches, or service limitations caused by third parties.

Unless otherwise agreed in writing and subject to full payment of all due amounts: - Final approved deliverables created specifically for the Client may be assigned or licensed to the Client according to the project agreement. - ON DM retains ownership of its pre-existing materials, know-how, frameworks, templates, internal tools, code libraries, processes, methodologies, and general design or development knowledge. - Third-party assets, fonts, stock images, plugins, software, and platform components remain subject to their own licenses. ON DM may display non-confidential project work in its portfolio, website, proposals, case studies, or social media unless the Client requests confidentiality in writing and ON DM accepts that request.

The Client is solely responsible for the legality, accuracy, and compliance of the Client’s business, products, services, claims, pricing, promotions, terms, policies, content, and customer data. ON DM does not provide legal, tax, financial, medical, regulatory, or governmental advice. Any policy, copy, disclaimer, or compliance-related text prepared by ON DM should be reviewed by the Client’s qualified advisors before publication.

Each party agrees to keep confidential information received from the other party confidential and to use it only for the purpose of delivering or receiving the agreed services. Confidentiality obligations do not apply to information that is public, independently developed, lawfully obtained from another source, or required to be disclosed by law.

The Client may provide ON DM with access to websites, hosting, social media accounts, ad accounts, analytics, business tools, or other platforms. The Client confirms that it has the right to provide such access. The Client should use secure access methods where possible, such as role-based access, temporary credentials, two-factor authentication, and user permissions. ON DM is not responsible for security incidents caused by weak passwords, shared credentials, Client-side misuse, or third-party breaches.

To the maximum extent permitted by applicable law, ON DM will not be liable for indirect, incidental, special, consequential, punitive, or loss-of-profit damages, including loss of data, revenue, business opportunity, goodwill, rankings, or advertising performance. ON DM’s total liability for any claim related to a project will not exceed the amount actually paid by the Client to ON DM for the specific service giving rise to the claim during the three months preceding the claim, unless applicable law requires otherwise.

ON DM may suspend or terminate services if the Client fails to pay on time, breaches these Terms, provides unlawful or infringing materials, delays the project for an unreasonable period, misuses deliverables, or behaves in a way that prevents professional delivery of the services. Upon termination, the Client must pay for all completed work, work in progress, approved expenses, third-party costs, and non-cancellable commitments up to the termination date.

ON DM will not be liable for delays or failure to perform caused by events beyond reasonable control, including internet outages, hosting failures, platform outages, cyber incidents, natural disasters, war, government actions, labor disruptions, epidemics, payment gateway failures, or third-party service interruptions.

Unless a separate signed agreement states otherwise, these Terms will be governed by the laws of the jurisdiction where ON DM’s contracting entity is registered. The parties will first attempt to resolve disputes amicably through good-faith discussions. If no resolution is reached, the dispute may be referred to the competent courts or dispute-resolution authority under the applicable agreement.

ON DM may update these Terms from time to time. The updated version will be posted on the website with a new “Last updated” date. Continued use of the website or services after updates means acceptance of the revised Terms.

For questions about these Terms, please contact ON DM through the contact details published on our website. ---