Terms & Conditions
ÕHK Marketing Agency OÜ
Last updated: 31/08/2025
1. Definitions
- “Service Provider” refers to ÕHK Marketing Agency.
- “Client” refers to the individual or business purchasing services.
- “Project” means any work agreed upon by both parties in writing (usually by email).
- “Deliverables” refer to the final work/products delivered by the Service Provider.
2. Communication
2.1. All primary communication takes place via email.
2.2. Phone calls may be used only for urgent matters; however, a follow-up email summarizing agreements must be confirmed by the Client.
2.3. The Client must remain contactable throughout the development process, as developers may require clarification, confirmations, and approval of ideas before proceeding.
2.4. Work will not continue without required confirmations.
3. Payments
3.1. All payments must be made before the project enters the development phase unless otherwise agreed in writing.
3.2. Work begins only after payment is received.
4. Project Scope & Changes
4.1. All project details, expectations, and requirements must be clearly agreed upon before development begins.
4.2. Only minor adjustments are allowed after development has started.
4.3. If the Client decides to significantly alter the project, change the concept, or request additional features not included in the original agreement, additional fees will apply.
4.4. If the Client chooses to cancel the project without a justified reason, any partial or full refund is subject to mutual agreement.
5. Client Inactivity
5.1. If the Client becomes unresponsive or fails to provide necessary information, feedback, or confirmations for 60 days, the project will be considered abandoned and automatically canceled.
5.2. In the case of cancellation due to Client inactivity, the Client is not entitled to any refund, full or partial.
5.3. Restarting an abandoned project may require a new agreement and/or additional fee.
6. Revisions, Improvements & Satisfaction Guarantee
6.1. The Client has the right to request improvements, edits, design adjustments, or restructuring of the project if the delivered product does not meet expectations.
6.2. Before a refund can be requested, the Client must give the Service Provider fair opportunities to:
- improve the product
- correct issues
- redesign or rearrange elements
- restart the project if reasonably necessary
6.3. A full refund is available only if, after reasonable attempts to correct the project, the Service Provider is unable to meet the Client’s expectations.
6.4. Once the final deliverables are handed over, the Client has 3 months to request additional improvements or changes.
6.5. After 3 months have passed from delivery, the project is considered finalized, and no further revisions or refunds will be provided.
6.6. After handover, a refund is only possible if issues arise within the 3-month period that the Service Provider is unable to solve.
7. Responsibilities
7.1. The Client is responsible for providing accurate information, timely responses, and necessary materials.
7.2. The Service Provider is responsible for delivering the project according to the agreed-upon requirements.
8. Intellectual Property
8.1. Unless otherwise agreed, ownership of final deliverables transfers to the Client upon full payment.
8.2. Drafts, preliminary designs, raw files, and unused concepts remain the property of the Service Provider.
8.3. The Service Provider may use completed projects in portfolios, case studies, and promotional materials unless the Client requests confidentiality in writing.
9. Confidentiality
9.1. Both parties agree to maintain confidentiality of sensitive project information.
9.2. The Service Provider will never share Client data with third parties unless required by law or explicitly authorized by the Client.
10. Deadlines
10.1. Deadlines depend on timely feedback and material delivery from the Client.
10.2. Delays caused by Client inactivity or slow responses extend the project timeline automatically.
11. Limitation of Liability
11.1. The Service Provider is not liable for losses resulting from delays caused by the Client.
11.2. The Service Provider is not responsible for issues caused by third-party services, hosting providers, email servers, or software outside its control.
12. Project Handover
12.1. Once deliverables are handed over and accepted by the Client, the project is considered complete.
12.2. Post-delivery support or additional work may be billed separately unless included in the agreement.
13. Termination
13.1. The Client may request termination at any time; refunds follow the rules laid out in Section 6.
13.2. The Service Provider may terminate the project for:
- 60 days of no response
- violation of terms
- inappropriate behavior
- failure to provide necessary information or payment
14. Governing Law
14.1. These Terms & Conditions are governed by the laws of the Service Provider’s country of registration (Estonia).
14.2. Any disputes should first attempt resolution via negotiation before legal action.
