Terms of Service
Last updated: January 15, 2026 · Effective: January 15, 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you and Onyx Media governing your access to and use of our website and services. Please read them carefully before engaging our services. By proceeding, you agree to be bound by these Terms in their entirety.
Acceptance of Terms
1.1 Agreement
By accessing or using the Onyx Media website, requesting our services, or entering into a project agreement with us, you agree to be bound by these Terms of Service. If you do not agree to these terms, you must discontinue use of our website and services immediately.
1.2 Modifications
Onyx Media reserves the right to modify these Terms at any time. We will notify existing clients of material changes via email. Continued use of our services after notification constitutes acceptance of the updated Terms. The date of last revision is always displayed at the top of this document.
1.3 Eligibility
Our services are intended for businesses and individuals aged 18 or older. By using our services, you represent that you have the legal authority to enter into a binding agreement and, if representing a company, the authority to bind that company to these Terms.
Services & Project Engagement
2.1 Scope of Services
Onyx Media provides digital services including but not limited to AI-powered website design, SEO and growth strategies, AI voice assistants, smart chatbot development, landing page design, and digital marketing. The specific scope of services for each project is defined in a separate Statement of Work (SOW) or project agreement.
2.2 Project Agreements
Each engagement begins with a signed project agreement that outlines deliverables, timelines, payment schedules, and revision policies. The project agreement supersedes any verbal representations. Changes to project scope must be agreed in writing and may result in additional fees and timeline adjustments.
2.3 Client Responsibilities
Clients are responsible for providing accurate project information, timely feedback within agreed review periods, access to required accounts and assets, and designated points of contact with authority to approve deliverables. Delays caused by client inaction may result in timeline extensions and potentially additional fees.
Payment Terms
3.1 Payment Schedule
All projects require a 50% deposit before work commences. The remaining balance is due upon project completion and before final file delivery or website launch. For ongoing retainer engagements, invoices are issued monthly and payable within 14 days of receipt.
3.2 Late Payments
Invoices unpaid after the due date will incur a late fee of 1.5% per month on the outstanding balance. Onyx Media reserves the right to pause all active work until outstanding balances are settled. Accounts more than 60 days overdue may be referred to collections.
3.3 Refunds
Deposits are non-refundable once work has commenced. If a project is cancelled mid-way by the client, payment is due for all work completed to date. If Onyx Media fails to deliver agreed services through our own fault, we will provide a proportionate refund or complete the outstanding work at no additional charge.
Intellectual Property
4.1 Ownership Transfer
Upon receipt of full payment, Onyx Media transfers ownership of all custom-created deliverables (designs, code, copy) to the client. This transfer includes all source files unless otherwise specified in the project agreement.
4.2 Onyx Media Portfolio Rights
Unless explicitly requested in writing, Onyx Media retains the right to display completed work in our portfolio, case studies, and marketing materials. We will always credit the client and never share confidential business information without permission.
4.3 Third-Party Licenses
Some deliverables may incorporate third-party assets (fonts, stock images, plugins, APIs). Clients are responsible for ensuring appropriate licensing for their intended use. Onyx Media will clearly identify any such assets and their licensing requirements during project handover.
Limitation of Liability
5.1 No Guarantee of Results
While we are committed to delivering high-quality work, Onyx Media cannot guarantee specific business outcomes such as revenue growth, lead generation numbers, or search engine rankings. Digital results depend on many factors outside our control, including market conditions, algorithm changes, and client-side implementation.
5.2 Liability Cap
To the maximum extent permitted by law, Onyx Media's total liability for any claim arising from our services shall not exceed the total fees paid by the client in the 3 months preceding the claim. We are not liable for indirect, incidental, special, or consequential damages.
5.3 Force Majeure
Neither party shall be liable for delays or failure to perform due to circumstances beyond their reasonable control, including acts of God, government actions, internet disruptions, or other force majeure events. Both parties shall make reasonable efforts to mitigate the impact and resume performance as soon as practicable.
Termination
6.1 Termination by Client
Clients may terminate a project with 14 days written notice. Upon termination, all work completed to date must be paid for in full, and any project deposit is non-refundable. Onyx Media will deliver all completed work products within 7 business days of final payment.
6.2 Termination by Onyx Media
Onyx Media reserves the right to terminate engagements immediately in cases of: non-payment, abusive conduct toward our team, requests to produce illegal or unethical content, or material breach of these Terms. In such cases, payment for all completed work remains due.
Governing Law
7.1 Jurisdiction
These Terms are governed by the laws of India. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Rajasthan, India. For international clients, we will make reasonable efforts to resolve disputes amicably before pursuing formal legal proceedings.
7.2 Dispute Resolution
Before initiating any legal proceedings, both parties agree to attempt good-faith resolution through direct negotiation for a minimum of 30 days. If unresolved, disputes may be referred to mediation. We believe most disagreements can and should be resolved collaboratively.
Need clarification on these terms?
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