Terms & Conditions
1. Introduction
These Terms of Service (“Terms”) govern your use of the services provided by On Agency (“we,” “our,” “us”). By engaging our services, you agree to these Terms.
2. Services Provided
On Agency provides the following services: AI automation systems, AI virtual assistants, Chatbots, digital advertising, and other related digital and AI-based solutions. We reserve the right to expand or modify the services we offer at our sole discretion.
3. Payments and Billing
Accepted Payment Methods: Bank transfer, PayPal, and Zelle.
Payment Terms: Payment schedules, deposits, and installment structures are determined on a per-project basis and outlined in the project agreement.
Deposits: Deposits are non-refundable, as they secure resources and scheduling. However, if On Agency declines or is unable to initiate or deliver any portion of the agreed-upon work due to internal fault, a refund may be issued at our discretion.
Refunds: Refunds are not available for dissatisfaction with creative outcomes, changes in client preference, or external circumstances. If On Agency fails to deliver any agreed-upon services due to our own fault or negligence such as producing no deliverables or failing to begin the project we may issue a refund proportional to the undelivered work. Refund eligibility and amount will be determined on a case-by-case basis.
Late Payments: Failure to make timely payments may result in suspension or termination of services. On Agency reserves the right to withhold deliverables until outstanding balances are resolved.
4. No Guarantee of Results
Digital marketing, advertising, AI systems, and related services inherently involve variables outside of our control. We do not guarantee specific results, outcomes, or performance metrics for any services provided.
5. Intellectual Property and Ownership
On Agency Retains Ownership Of:
All code, frameworks, tools, and processes used to create and deliver services.
Proprietary training data and pre-trained AI models, especially if trained across multiple projects.
Methodologies, processes, prompts, and internal tools used to deliver services.
Rights to derivative works, ensuring we remain free to reuse ideas, methods, or improvements across future projects.
Clients Own (after full payment):
Final deliverables customized for their business (e.g., a chatbot trained on their company data, a website, or marketing campaigns).
Portfolio Rights:
On Agency reserves the right to display completed work, project outcomes, or results in our portfolio, marketing, and promotional materials. Clients may opt out by providing written notice if they do not want their work displayed.
6. Confidentiality and Data Privacy
On Agency agrees to treat client information, strategies, campaigns, and data as confidential.
Data provided by clients will only be used for the purpose of creating and delivering agreed services.
We implement industry standard measures to store, use, and protect personal or business data, and comply with applicable privacy regulations, including but not limited to GDPR and CCPA where applicable.
Clients are responsible for ensuring they have lawful rights to share any data provided to On Agency.
7. Acceptable Use
Clients agree not to use On Agency’s services for activities that are illegal, fraudulent or harmful. We reserve the right to refuse or terminate services if a client misuses our offerings.
8. Limitation of Liability
To the fullest extent permitted by law:
On Agency shall not be liable for any indirect, incidental, or consequential damages, including loss of revenue, profit, or business opportunities.
Our total liability for any claim shall not exceed the total amount paid by the client to On Agency for the specific project or service giving rise to the claim.
These limitations do not apply in cases of gross negligence, willful misconduct, or obligations under indemnification.
9. Client Responsibilities
Clients agree to:
Provide accurate, complete, and timely information, materials, and approvals as required for services.
Cooperate with On Agency's team and respond promptly to requests for information or feedback.
Acknowledge that delays caused by the client’s failure to fulfill these responsibilities may affect project timelines and outcomes. On Agency will not be held responsible for delays outside of our control.
10. Termination of Services
We may suspend or terminate services if a client fails to pay, violates these Terms, or misuses our services. Clients remain responsible for all fees due up to the date of termination. Clients may also terminate services by providing written notice, but remain liable for completed work and non-refundable deposits.
11. Independent Contractor Status
On Agency acts as an independent contractor. Nothing in these Terms creates an employment relationship, partnership, or legal representation between On Agency and any client.
12. Force Majeure
On Agency is not responsible for delays or failures caused by events beyond our reasonable control, including but not limited to natural disasters, internet outages, government actions, labor disputes, or third-party technical failures.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the United States. In case of any dispute, both parties agree to first attempt resolution through good-faith negotiation. If unresolved, the matter may proceed to binding arbitration or mediation. All disputes must be resolved individually; class actions are waived.
14. Indemnification
Clients agree to indemnify and hold harmless On Agency, its affiliates, and employees from any claims, liabilities, damages, or expenses arising from:
Client’s misuse of services.
Infringement of third-party rights due to content or data provided by the client.
Breach of these Terms by the client.