Terms And Conditions

OM Creative Design (referred to as “the Company,” “I,” or “Me”) and the customer (“you” or “the client”) for the part provision of Software Development & Programming services. By engaging our services or purchasing our products, you agree to the following terms and conditions:

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This agreement outlines the terms and conditions governing the provision of software development and programming services by OM Creative Design to the client. Key provisions include project scope and deliverables, intellectual property rights, confidentiality obligations, payment terms, warranties and disclaimers, termination procedures, dispute resolution mechanisms, data security measures, and provisions for amendments.

This agreement aims to protect the interests of both parties while ensuring a successful and collaborative project outcome.

Clearly define all deliverables, including source code, documentation, training materials, and support services.

Specify the project timeline with key milestones and deadlines.

Outline any limitations or exclusions to the scope of work.

Establish ownership of all intellectual property rights created during the project, including software, designs, and documentation.

Define licensing rights granted to the client.

Address any pre-existing intellectual property rights of either party.

Both parties agree to maintain the confidentiality of all information disclosed during the project, including trade secrets, proprietary information, and client data.

Outline payment schedules, including milestones, progress payments, and final payment.

Specify acceptable payment methods (e.g., wire transfer, credit card, online payment, bank transfer, etc).

Define late payment penalties and interest charges.

The Company is not liable for indirect, incidental, or consequential damages arising from the use of its products or services.

The Company’s liability is limited to the total amount paid by the client for the specific product or service in question.

Define the scope of warranties provided by the company (e.g., warranty against defects in materials and workmanship).

Include disclaimers of warranties for third-party software or services.

Limit liability for any damages, including incidental, consequential, or indirect damages.

The Client is responsible for ensuring that the use of the computer program complies with local/national laws and regulations.

Address data security and privacy obligations, especially when handling client data.

Outline measures taken to protect client data from unauthorized access, use, or disclosure.

Either party may terminate the agreement in writing if the other party fails to fulfill its obligations under these terms.

In the event of cancellation by the client, any non-refundable deposits or costs already incurred by the Company will be deducted from refunds.

Establish a procedure for amending the agreement to accommodate changes in scope, budget, or timeline. Require written consent from both parties for any amendments.

The Company reserves the right to amend these terms and conditions at any time. Any changes will be communicated to clients and posted on our website.

These terms and conditions are governed by and construed in accordance with the laws of Republic of the Philippines.

Any disputes arising from these terms and conditions shall be resolved through negotiation between the parties.

If a resolution cannot be reached, disputes will be submitted to arbitration or mediation as per the laws of Republic of the Philippines.

All disputes that may require legal action shall be resolved and conducted in Cagayan de Oro City, Philippines 9000.

If you have any questions regarding these Terms and Conditions, please contact:

OM Creative Design

RM 1221, Loop Towers
Limketkai Drive
Cagayan de Oro City, PH 9000

+63 917 179 1233

contact@omcreativedesign.com

By engaging with Me, you acknowledge that you have read, understood, and agree to these Terms and Conditions.

Disclaimer:

This statement offers a general outline and may not be applicable to all circumstances. It is essential to consult with legal professionals to guarantee that the specific Terms and Conditions are all-encompassing, legally valid, and precisely tailored to the company’s requirements and the unique nature of software development projects.

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