Terms of Service

1. Definitions

In this agreement:

• "Consumer" means any natural person who, in connection with this agreement, is acting for purposes which are outside their business.
• "Our Website" means the entire computing hardware and software installation that is or supports our website at oconceptaimarketing.ie.
• "Services" means any of the digital marketing, automation, and related services we offer, including generally available updates and support so far as specified for each service.
• "Content" means any material in any form published on our website by us or any third party with our consent.
• "Material" means content of any sort posted by you on our website.

2. Our contract with you

• These terms and conditions apply so far as the context allows, to you as a visitor to our website, and in any event to you as a buyer or prospective buyer of our services.
• We shall accept your order by email confirmation or signed proposal. That is when our contract is made.
• We may change these terms from time to time. The terms that apply to you are those posted on our website on the day you engage our services.
• If we owe you money for any reason, we will credit your payment method as soon as reasonably practicable but in any event no later than 14 days.

3. Your account with us

• You agree that you have provided, and will continue to provide, accurate, up to date, and complete information about yourself and your business. We need this information to provide you with the services.
• You are responsible for maintaining the confidentiality of any account credentials and for preventing any unauthorised person from accessing your accounts.
• You agree to accept responsibility for all activities that occur under your account. You should tell us immediately if you believe someone has accessed your account without your authority.

4. Scope of services

We provide digital marketing and automation services including but not limited to:

• OCONCEPT Managed Growth (Done for you): Full service marketing system build, management, and optimisation including strategy, funnel development, paid advertising, CRM setup, email marketing, content creation, AI assistant setup, automation, and ongoing performance management.
• OCONCEPT Guided Build (Done with you): Collaborative system development where we provide frameworks, templates, strategy, and guidance while you implement with our support. Includes ads management, content calendars, email marketing, and ongoing check ins.
• Entry services: Standalone deliverables such as audits, funnel builds, offer intensives, and tracking setup.

The specific scope, deliverables, and timelines for your engagement will be detailed in a separate proposal or service agreement.

5. Client responsibilities

To enable us to deliver effective results, you agree to:

• Provide timely access to all necessary accounts, platforms, and assets
• Provide accurate information about your business, offer, pricing, and target audience
• Respond to requests for approval or information within 48 to 72 hours
• Respond to leads promptly, ideally within 5 minutes during business hours
• Ensure your business and marketing comply with all applicable laws and regulations

6. Fees and payment terms

• Fees are as quoted in your proposal or service agreement
• Setup fees and deposits are payable before work begins
• Ongoing management fees are payable monthly in advance
• Payment is due within 7 days of invoice unless otherwise agreed
• Late payments may incur interest at 2% per month and may result in suspension of services
• All fees are exclusive of VAT where applicable

7. Advertising spend

Advertising spend is separate from our service fees and is paid directly by you to the advertising platforms (Meta, Google, TikTok, LinkedIn, Snapchat, or others). You control your ad budget and payment methods. We manage strategy, setup, and optimisation. We do not handle your ad spend funds.

8. No guaranteed results

We do not guarantee specific revenue, leads, conversions, or business outcomes. Marketing performance depends on multiple factors including the quality of your offer, market conditions, competition, your fulfilment capacity, your lead response time, your sales process, your budget, and factors outside our control. We guarantee delivery of the agreed scope of work, professional execution, and optimisation based on data.

9. Refunds and cancellations

• Setup fees and deposits are non-refundable once work has commenced
• Monthly management services may be cancelled with 30 days written notice
• No refunds are provided for services already delivered or work already completed
• We reserve the right to terminate services with 14 days notice if we determine the engagement is not a good fit

10. Dissatisfaction with services

If for any reason you are not completely satisfied with our services, contact us immediately and tell us:

• Exactly why you believe we have not met expectations
• The date of the issue, if relevant
• Your suggestion as to action we should take to resolve the situation

Please contact us by email at info@oconceptaimarketing.ie.

11. Disclaimers

• We may make improvements or changes to our website, content, or services at any time and without advance notice.
• Content may include technical inaccuracies or typographical errors. We would be grateful if you bring any to our attention.
• Our website contains links to other websites outside our control. We are not liable for the content of such linked websites.
• We are not liable for special, indirect, or consequential loss or damages resulting from loss of use, loss of data, or loss of revenues or profits.
• Advertising performance is not guaranteed. Results from paid advertising depend on factors including offer quality, market conditions, competition, budget, audience, creative quality, lead response time, and platform algorithm changes, all of which are outside our direct control. We guarantee professional execution and data driven optimisation, not specific revenue or lead volumes.
• Client supplies access and required assets on time. Delays on the client side extend timelines proportionally.
• Approvals are required within 48 hours to stay on schedule. Delayed approvals may affect delivery dates.
• Two revision rounds are included per deliverable. Additional revisions beyond the included rounds are billed separately.
• Reporting is monthly. Weekly updates are a short performance snapshot, not a full report.
• Email deliverables refer to campaign emails within a nurture sequence, not per individual lead.
• All packages are a minimum 6 month commitment, except standalone services and add ons. Standalone services and add ons are one time deliverables.
• Pay in full pricing is discounted. Instalment plans include processing and admin charges, so the total is higher than the pay in full price.

12. Your material

• If you provide any material for use in marketing campaigns, you warrant that you own the copyright and accept all risk and responsibility for it.
• You grant to us the right to use, edit, copy, publish, distribute, and translate your material as necessary to deliver the services.
• You represent and warrant that you own the rights to all material you provide and that any facts stated are accurate.

13. System security

• You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of our website.
• You may not use any software tool for the purpose of extracting data from our website.
• Any such violation is unlawful and any contravention may result in legal action.

14. Acceptable use policy

As a condition of your use of our website and services, you agree to comply with these provisions:

• You will not use our services for any unlawful purpose or in any way that could damage our reputation.
• You will not use the services for spamming, sending unsolicited messages, or harassment.
• You will not post or distribute any material that is defamatory, offensive, or violates any applicable law.

15. Intellectual property

• Upon full payment, you own all custom deliverables created specifically for your business (landing pages, ad copy, email sequences, etc.)
• We retain ownership of our proprietary frameworks, templates, methodologies, and processes
• We may use anonymised case studies and results for marketing purposes unless you request otherwise in writing
• You may not use our name, logos, or trade marks on any website without our written consent

16. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive business information shared during the engagement. This includes but is not limited to business strategies, financial information, customer data, and trade secrets. This obligation survives termination of the agreement.

17. Your email address

• You represent that any email address you provide does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
• You acknowledge and agree that when we communicate with you by email, such communications are contractually binding in the same way as properly signed documents.

18. Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use of our website, services, your posting of any material, or the infringement by you of any intellectual property or other right of any person.

19. Limitation of liability

• Our total liability for any claim arising from our services is limited to the fees paid by you in the 3 months preceding the claim
• We are not liable for indirect, consequential, special, or incidental damages including lost profits
• We are not liable for any issues arising from third-party platforms including ad account suspensions or platform outages

20. Governing law

These Terms of Service are governed by and construed in accordance with the laws of Ireland. Any disputes arising from or related to these terms or our services shall be subject to the exclusive jurisdiction of the courts of Ireland.

21. Miscellaneous provisions

• Where we provide services without specific charge, they are deemed free of charge with no contractual obligation.
• Nothing in this agreement shall confer on any third party any benefit or obligation.
• If any term is held void or unenforceable, it shall be reduced to the minimum extent necessary, and all other provisions remain in force.
• In the event of a dispute, you agree to attempt to settle by engaging in good faith mediation before commencing litigation.
• We are not liable for any breach of our obligations resulting from causes beyond our reasonable control.

22. Changes to these terms

We may update these Terms of Service from time to time. The current version will always be available on our website. Continued use of our services after any changes constitutes acceptance of the updated terms.

23. Contact us

If you have any questions about these Terms of Service, please contact us at:

Oconcept AI Marketing Agency
Trading name of Oconcept Holdings Limited (CRO: IE795694)
Dunroaming, Coolbunnia, Cheekpoint, Co. Waterford, X91 E802, Ireland
Email: info@oconceptaimarketing.ie