Omni Digital Group TOS
Terms of Service Agreement
Omni Digital Group
Effective and updated Date: 11/15/2024
1. Introduction
Welcome to Omni Digital Group. By using our services, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms carefully.
2. Company Information
Business Name: Omni Digital Group
Address: 1101 5th St. Suite 100, Coralville, IA 52241
Contact Email: client@omnidigitalgroup.com
Contact Phone: 319-600-6262
3. Services Provided
Omni Digital Group offers advertising services including but not limited to Facebook, Instagram, email, and texting services. We also provide a proprietary software tool, Omni Lightning, which leverages data from clients' POS systems to integrate with Meta and Klaviyo platforms.
4. Use of Omni Lightning
Clients are granted a non-exclusive license to use Omni Lightning solely for their internal business operations. Any attempt to copy, steal, or replicate the software or its features is strictly prohibited. Upon termination of services, clients will no longer have access to the software or any of its features. Any breach related to intellectual property theft will result in legal action.
The software protection includes, but is not limited to:
Creating custom audiences on Facebook out of POS data.
Creating audiences inside our email and texting software, Klaviyo, with POS data.
Matching and creating audiences on Facebook, Instagram, email, and text, making this data usable.
Tracking the results of Facebook, Instagram, email, and texting campaigns to in-store sales.
Clients acknowledge that all proprietary rights to Omni Lightning remain with Omni Digital Group. Upon termination, all work completed by Omni Lightning will be deleted, including audiences created on social media platforms, segments on Klaviyo, and campaign data.
Omni Lightning's effectiveness depends on the client's POS system and data capture capabilities. The software integration scenarios include:
No POS System Integration: If the client does not have a POS system that Omni Lightning can integrate with, the service cannot be effectively utilized.
POS System Integration with Insufficient Data: Clients with a compatible POS system but insufficient data for tracking will face challenges in fully utilizing the software's capabilities.
POS System Integration with High Data Capture: Clients with a compatible POS system and high capture rates on email and texting can fully leverage Omni Lightning for creating and tracking audiences and campaigns.
eCommerce Only: Clients operating solely through eCommerce may face difficulties in tracking ROI due to changes in third-party tracking cookies.
5. Payment Terms
At Omni Digital Group, timely payments ensure seamless service delivery. To maintain efficiency, all invoices are due within 15 days of receipt. Below is the outlined process for managing overdue invoices:
7 Days Past Due: If payment is not received within 22 days of the invoice date (7 days after the due date), an automated reminder will be sent to you along with a 5% late fee added to the outstanding amount.
15 Days Past Due: If payment is still outstanding 30 days from the invoice date, your Account Manager will personally reach out with a direct link to the invoice in QuickBooks, facilitating an easier payment process.
30 Days Past Due: Should payment remain overdue 45 days after the invoice date, we will need to pause all services until the account is settled. You will receive an email notification from your Account Manager regarding this action.
6. Refund Policy
Omni Digital Group commits to delivering a minimum of three times the return on ad spend (ROAS) for its clients, provided that the client is connected to Omni Lightning at the time of starting services. To achieve this performance metric, clients acknowledge and agree to a 90-day build-up period, during which Omni Digital Group will develop and optimize the necessary campaigns and strategies. If this performance threshold is not met after the 90-day period, the company promises a refund to the client.
This guarantee reflects the company's confidence in its ability to deliver effective advertising and marketing services. Clients can feel more secure knowing that there is a measurable performance threshold and an initial optimization period to ensure success.
7. Prorated Fees Policy Upon Cancellation
If a client wishes to cancel their services with Omni Digital Group, they must provide a minimum of 60 days' notice on annual agreements. Monthly service fees will not be prorated, meaning if a client cancels their services mid-month, they are still responsible for the full month's fees, emphasizing the importance of timing in the cancellation process.
8. Communication Standards and Monthly Calls
Omni Digital Group emphasizes the importance of regular communication with its clients. It mandates participation in monthly calls to discuss progress, strategies, and any adjustments needed. Failure to attend these calls for more than three consecutive months may lead to a review and potential termination of services. This policy highlights the company's focus on maintaining an ongoing dialogue with its clients to ensure the effectiveness of their services and adaptability to clients' needs.
9. Client Data Protection
Omni Digital Group does not sell or share client data. Data is used solely for internal purposes and analysis to directly benefit the client.
10. Confidentiality and Intellectual Property
Clients acknowledge that Omni Digital Group retains all proprietary rights to Omni Lightning. Any use of the software outside the agreed-upon terms is prohibited. Upon termination, all proprietary work will be deleted, including but not limited to audiences created on social media platforms, segments on Klaviyo, and campaign data.
11. Facebook and Klaviyo Account Ownership
If Omni Digital Group creates your Facebook and/or Klaviyo account, Omni Digital Group is not obligated to hand over these accounts upon termination of services. The data within these accounts that is the client's property remains the client's. However, Omni Digital Group reserves the right to delete all work performed on these platforms prior to the client's departure from Omni Digital Group.
12. Modification of Terms
Omni Digital Group reserves the right to update these terms as new policies, services, and methods of operation are implemented. Clients will be notified of any updates to the Terms of Service.
13. Limitation of Liability
Omni Digital Group shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of our services. Our liability is limited to the amount paid by the client for the services rendered.
14. Governing Law
This agreement shall be governed by and construed in accordance with the laws of the State of Iowa.
15. Dispute Resolution
Any disputes arising out of or related to these terms shall be resolved through binding arbitration in Iowa, in accordance with the rules of the American Arbitration Association.
16. Contact Information
If you have any questions about these terms, please contact us at client@omnidigitalgroup.com or 319-600-6262.
17. Acceptance of Terms
By using our services, you signify your acceptance of this Terms of Service agreement. If you do not agree to this agreement, please do not use our services.
18. Entire Agreement
This agreement constitutes the entire understanding between Omni Digital Group and the client with respect to the use of our services and supersedes all prior agreements, whether written or oral.
19. Termination
Upon termination of the agreement, the license to use Omni Lightning and related services will be immediately revoked. Clients must return all confidential information and proprietary materials.