1Company Information
OARC Digital
AI-Powered Marketing & Creative Agency
2Definitions
- "Company," "we," "us," "our" refers to OARC Digital
- "Client," "you," "your" refers to the individual or entity using our website or services
- "Services" refers to all services provided by OARC Digital, including but not limited to AI solutions, creative services, marketing, and automation
- "Deliverables" refers to all work product created as part of our Services
3Scope of Services
OARC Digital provides AI-powered marketing, creative, and automation services including:
- AI Employee Solutions (support specialists, SDRs, admin agents)
- Creative Media Production (social media, video, branding)
- Revenue Automation (lead generation, CRM integration)
- MVP Development and Custom Software
- Data Engineering and Analytics
Specific deliverables, timelines, and pricing will be outlined in individual service agreements or proposals.
4Payment Terms
Pricing
All prices are quoted in Euros (€) unless otherwise specified. Prices exclude VAT where applicable.
Payment Schedule
Unless otherwise agreed: 50% deposit upon project commencement, 50% upon completion. For retainer services, payment is due monthly in advance.
Late Payment
Late payments may incur interest at 8% per annum above the European Central Bank base rate. We reserve the right to suspend services until payment is received.
5Intellectual Property
5.1 Client Ownership
Upon full payment, Client shall own all rights to:
- Final delivered creative assets (videos, graphics, copy)
- Custom code and software developed specifically for the Client
- Campaign strategies and content created for Client's use
5.2 OARC Digital Retains
We retain ownership of:
- Pre-existing tools, templates, and frameworks
- AI models and proprietary automation systems
- Methodologies and processes
- Raw/editable source files (unless specifically agreed otherwise)
5.3 Portfolio Rights
We may use completed work in our portfolio and marketing materials unless Client requests confidentiality in writing before project commencement.
6Cancellation & Refunds
Consumer Rights
For consumers (private individuals) engaging our services online, you have the right to cancel within 14 days from the contract date under EU Distance Selling regulations, subject to the following exceptions:
- If service delivery has begun with your express consent
- For bespoke or customized digital content
Business Clients
Cancellation terms for business clients will be specified in individual service agreements. Generally:
- Work completed will be billed
- Deposits are non-refundable unless otherwise agreed
- 30 days written notice required to terminate retainer agreements
7Limitation of Liability
To the maximum extent permitted by law:
- Our total liability shall not exceed the fees paid for the relevant services
- We are not liable for indirect, consequential, or incidental damages
- We do not guarantee specific results from marketing or AI services
- We are not responsible for third-party platform changes or outages
Nothing in these terms excludes liability for fraud, death/personal injury caused by negligence, or any other liability that cannot be excluded by law.
8Confidentiality
Both parties agree to keep confidential any proprietary information shared during the course of the engagement. This obligation survives termination of the agreement and shall remain in effect for 3 years following completion of services.
9Website Use
By using our website, you agree:
- Not to use the website for any unlawful purpose
- Not to attempt to gain unauthorized access to our systems
- Not to reproduce, distribute, or commercially exploit website content without permission
- That website content is provided "as is" without warranties
Governing Law & Jurisdiction
These Terms & Conditions are governed by and construed in accordance with the Laws of Malta.
Any disputes arising from these terms or our services shall be subject to the exclusive jurisdiction of the Courts of Malta.
11Amendments
We reserve the right to update these Terms & Conditions at any time. Changes will be effective immediately upon posting to this page. For ongoing service agreements, material changes will be communicated to affected clients.
12Severability
If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.