Terms of Service
Professional Digital Marketing Services Agreement
Effective Date: April 23, 2025
Version 1.0

1. Introduction and Acceptance

Welcome to OnCore Web Solutions ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of our website design, digital marketing, SEO, social media management, and related services ("Services").

By engaging our Services, you ("Client," "you," or "your") agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

2. Service Agreement

2.1 Scope of Services

OnCore Web Solutions agrees to provide digital marketing and web development services as outlined in the specific proposal, quote, or service agreement provided to the Client. The scope of work will be detailed in a separate Statement of Work ("SOW") or service agreement specific to each project.

2.2 Proposal Validity

Proposals are valid for 30 days from the date issued. After this period, prices and availability may be subject to change.

2.3 Service Modifications

Any changes to the agreed scope of work must be documented in writing and may result in additional fees. We reserve the right to adjust timelines based on scope changes.

3. Payment Terms

3.1 Deposits

For new projects, a deposit of 50% of the total project cost is required before work begins. This deposit is non-refundable after work has commenced.

3.2 Payment Schedule

Service Type Deposit Required Payment Timing
Website Design & Development 50% 50% upon completion before launch
SEO & Digital Marketing First month Monthly, in advance
Social Media Management First month Monthly, in advance
Custom Projects 50% 50% upon completion

3.3 Late Payments

Payments not received within 14 days of the due date may incur a late fee of 5% per month. Failure to pay for 30 days may result in suspension of services, removal of deliverables, and/or termination of the agreement.

3.4 Price Changes

Monthly retainer and recurring service pricing may change with 30 days written notice. We will not increase prices by more than 10% annually without mutual agreement.

4. Intellectual Property & Ownership

4.1 Pre-Existing IP

Each party retains ownership of their pre-existing intellectual property. Client retains all rights to their brand, logo, content, and materials provided to us.

4.2 Deliverables Ownership

Upon receipt of full payment, Client will own the final deliverables created specifically for them, including:

Important: We retain ownership of:

4.3 Portfolio Rights

We reserve the right to display completed work in our portfolio, case studies, and marketing materials unless specifically agreed otherwise in writing.

4.4 Third-Party Materials

Third-party materials (stock photos, fonts, plugins, etc.) are subject to their respective licenses. Client is responsible for purchasing extended licenses if required.

5. Client Responsibilities

5.1 Content and Materials

Client agrees to provide all necessary content, images, logos, and materials within 5 business days of request. Delays in providing materials may affect project timelines.

5.2 Timely Feedback

Client agrees to review and provide feedback on deliverables within 5 business days of submission. Extended delays (14+ days) may result in project suspension or additional fees.

5.3 Accurate Information

Client guarantees that all information provided is accurate and that they have the right to use any materials submitted. Client agrees to indemnify OnCore Web Solutions against any claims arising from inaccurate information or unauthorized use of materials.

5.4 Technical Requirements

Client is responsible for maintaining hosting accounts, domain registrations, and any required third-party services. We can provide recommendations and manage these services upon request for an additional fee.

6. Warranties and Disclaimers

6.1 Service Warranty

We warrant that our services will be performed with reasonable skill and care consistent with industry standards. We offer a 30-day warranty period for completed work, during which we will correct any defects at no additional charge.

6.2 Performance Disclaimer

We do not guarantee specific results (rankings, traffic, sales) as these depend on many factors beyond our control. We will use industry best practices to achieve agreed-upon goals.

6.3 Third-Party Services

We are not responsible for services provided by third parties including hosting providers, advertising platforms, search engines, or social media networks.

6.4 "As Is" Disclaimer

EXCEPT AS EXPRESSLY STATED, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

7. Limitation of Liability

7.1 Liability Cap

IN NO EVENT SHALL ONCORE WEB SOLUTIONS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, REGARDLESS OF THE CAUSE OF ACTION OR WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2 Damage Limitations

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CLIENT TO ONCORE WEB SOLUTIONS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

7.3 Consequential Damages

We are not liable for lost profits, lost revenue, lost savings, loss of data, or any indirect or consequential damages arising from use of our services.

8. Confidentiality

8.1 Confidential Information

Each party agrees to keep confidential all non-public information received from the other party. This includes but is not limited to business strategies, customer lists, pricing, and proprietary processes.

8.2 Exceptions

Confidentiality obligations do not apply to information that: (a) is or becomes publicly known; (b) was known before disclosure; (c) is independently developed; or (d) is required to be disclosed by law.

8.3 Duration

Confidentiality obligations survive termination of our agreement for a period of three (3) years.

9. Termination

9.1 Termination for Convenience

Either party may terminate services with 30 days written notice. For terminated projects, Client will pay for all work completed up to the termination date.

9.2 Termination for Cause

Either party may terminate immediately if the other party materially breaches these Terms and fails to cure within 14 days of written notice.

9.3 Effect of Termination

Upon termination: (a) all outstanding invoices become due immediately; (b) Client must pay for completed work; (c) we will deliver completed deliverables upon receipt of final payment; (d) confidentiality obligations continue.

9.4 Project Suspension

Projects inactive for more than 60 days without communication may be considered terminated, and any deposits paid will be forfeited.

10. Indemnification

Client agrees to indemnify, defend, and hold harmless OnCore Web Solutions, its officers, employees, and agents from any claims, damages, or expenses arising from: (a) Client's breach of these Terms; (b) Client's use of deliverables; (c) any claim that Client's materials infringe on third-party rights; (d) any illegal or improper content provided by Client.

11. Dispute Resolution

11.1 Good Faith Resolution

Before initiating any dispute resolution, both parties agree to attempt to resolve disputes in good faith through direct negotiation.

11.2 Governing Law

These Terms are governed by the laws of the State of Connecticut, without regard to conflict of law principles.

11.3 Arbitration

Any dispute not resolved through negotiation shall be resolved through binding arbitration in Hartford County, Connecticut, in accordance with the rules of the American Arbitration Association.

11.4 Attorney Fees

In any legal action to enforce these Terms, the prevailing party shall be entitled to recover reasonable attorney's fees and costs.

12. General Provisions

12.1 Entire Agreement

These Terms, along with any proposal, SOW, or service agreement, constitute the entire agreement between the parties and supersede all prior agreements.

12.2 Amendments

These Terms may be modified by written agreement signed by both parties.

12.3 Assignment

Client may not assign these Terms without our written consent. We may assign these Terms to a successor in interest.

12.4 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.

12.5 Notices

All notices must be in writing and delivered via email, certified mail, or overnight courier to the addresses provided in the service agreement.

12.6 Force Majeure

We are not liable for failures due to causes beyond our reasonable control, including natural disasters, infrastructure failures, or pandemic-related disruptions.