OG Technologies

Terms & Conditions

Introduction

Welcome to OG Technologies. By signing up with us and becoming a client, you agree to be legally bound by these Terms and Conditions of Use (the “Terms and Conditions”), including any terms incorporated by reference. OG Technologies may revise these Terms and Conditions at any time by updating this page, so you should review it periodically.

In these Terms and Conditions, all services provided by OG Technologies, together with all text, images, user interface, “look and feel”, data and other content made available by OG Technologies from time to time (including the selection, coordination and arrangement of that content), are referred to as the “Website” and/or “Service”.

You acknowledge and agree that OG Technologies has the right (but not the obligation), in its sole discretion, to pre-screen, refuse or remove any project or client-provided content that violates these Terms and Conditions or is otherwise objectionable. You also agree that OG Technologies may access, preserve and disclose your account information and content if required to do so by law, or in a good-faith belief that doing so is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of OG Technologies, its users and the public. OG Technologies reserves the right to modify, amend and update these Terms and Conditions from time to time without notice.

1. How OG Technologies Works

(a) Description

The OG Technologies Service is an offering where individuals or entities that have signed up as clients (each, a “Client”) can submit specific assignments and project descriptions, including samples or other media (each, a “Creative Brief”), revise those briefs (each, a “Revision Brief”), and receive deliverables (each, a “Response”) from the specialists engaged by OG Technologies. We provide the Service according to the package you have chosen. Your Responses are created iteratively through a cycle of Creative Briefs, Revision Briefs and Responses, ultimately resulting in a final Response that conforms to your briefs.

(b) Creative Briefs and Responses

You are solely responsible for preparing and providing detailed descriptions of each Creative Brief, including samples and any relevant deadlines. For each Response you wish to receive, a term sheet may be generated that reflects the terms you have established for the brief. OG Technologies is under no obligation to review a brief or term sheet for accuracy, completeness, quality or clarity, and may decline any brief or term sheet at its sole discretion.

(c) Reviewing Responses

When we provide you with a Response, you are responsible for reviewing it. If you do not promptly inform us that a Response is not reasonably responsive to the related brief, you will be deemed to have accepted it. If you believe a Response is not reasonably responsive, you should submit a Revision Brief describing the amendments required, and we will provide a subsequent Response that conforms to the additional criteria. OG Technologies is not responsible for the content of Responses to the extent they are prepared to conform to your briefs.

(d) Revision Cycles

Revision cycles generally consist of additional compositions that incorporate the changes you request. The purpose of the revision process is to move your project forward in the direction you have determined. You may request significant changes in the earlier cycles; by later cycles, requests should be modifications of the current composition only.

2. Eligibility, Access and Use

(a) Eligibility

To register as a Client you must be at least 18 years of age, agree to these Terms and Conditions and to our Privacy Policy, and complete the registration process. By registering, you represent that you meet these requirements, that the information you provide is complete and accurate, and that (if registering on behalf of an entity) you are authorised to bind that entity. OG Technologies may accept or reject a registration at its sole discretion.

(b) Permitted Use

You may access and use the Service only in accordance with these Terms and Conditions and any posted policies. Any use of the Website is at your sole risk and responsibility. Subject to these Terms and Conditions, you may display the Website on an Internet-connected device and, on an occasional and ad hoc basis, print insubstantial portions for your own reference.

(c) Prohibited Use

Except as expressly permitted, you may not broadcast, distribute, download, publish, rent, reproduce, sell, store, transmit or create derivative works from the Website. You agree to comply with all applicable laws in connection with your use of the Service. You further agree not to transmit or store material that: (i) is copyrighted, unless you are the owner; (ii) reveals trade secrets you do not own; (iii) infringes the intellectual property, privacy or publicity rights of others; (iv) is obscene, defamatory, threatening, harassing, abusive or hateful; (v) is sexually explicit; (vi) constitutes unsolicited advertising, chain letters or pyramid schemes; or (vii) contains viruses or other harmful code. You also agree not to use false information to register, alter another user’s information, place an unreasonable load on our infrastructure, interfere with the proper working of the Service, use automated tools to scrape the Website, or attempt to reverse-engineer any part of the Website.

(d) Website Security

You are prohibited from violating, or attempting to violate, the security of the Website, including accessing data not intended for you, probing or scanning the vulnerability of a system or network, interfering with service to any user or network, sending unsolicited email to users, or forging header information. Violations may result in civil or criminal liability, and OG Technologies will investigate and may cooperate with law-enforcement authorities. OG Technologies reserves the right to review and remove postings and to terminate your ability to communicate with the Website at any time without notice.

(e) Operation of the Website

OG Technologies is not responsible for any delays, interruptions, errors or omissions in the Website. While we use commercially reasonable efforts to keep the Website and Service accessible, we make no representation that they will be available at all times. Various circumstances, including telecommunications and server problems, may prevent or delay availability. We may discontinue the Website in whole or in part at any time and will not be responsible for any resulting loss.

3. Refund, Cancellation & Tax Policy

A refund will not apply where:

  • You have chosen a special or discounted package;
  • The primary design concept has been approved;
  • You have requested revisions;
  • The cancellation is for reasons unrelated to the company;
  • The company has not been contacted for more than two weeks on the project;
  • Our policies have been violated;
  • Another company or designer has been approached for the same project;
  • The creative brief lacks required information;
  • A complete design change has been demanded;
  • The refund request falls outside the stated timeframe;
  • The business is closing, changing name or changing ownership;
  • Reasons such as “change of mind” or “disagreement with a partner” apply — these do not qualify for a refund.

If a client subscribes to a bundle of services and is dissatisfied with a particular service, any refund will apply only to that service and not the entire bundle. Clients are not entitled to a refund after 7 days from the date of purchase. Services including but not limited to social media, SEO, domain registration and web hosting are not entitled to refunds. For websites, refunds will not be entertained once the client has approved the design and the site has been sent for development.

OG Technologies holds the right to reject any project or cancel a contract where it deems necessary. After a refund, you will have no right to use the designs for any purpose; they remain the sole property of OG Technologies. An order may be cancelled within 7 days of purchase for eligible reasons only, as the company incurs costs and deploys resources in fulfilling the order. Eligible reasons exclude change of mind, disagreement with a partner, discovery of a cheaper alternative, or similar reasons unrelated to service levels. If an order is cancelled within the first 24 hours, 15% of the invoice amount is retained as a cancellation charge; after 24 hours, 25% is retained. Cancellation requests are accepted by email at hello@ogtechnologies.net.

  • All communication between the OG Technologies team and the customer should be documented via the customer’s registered email address;
  • For delivery, the company will contact the customer through their registered email address at least three times;
  • If there is no response after three emails (including delivery and reminders) and seven consecutive working days have passed from delivery, the project is deemed accepted, and the company is not liable for refunds after this date;
  • If the customer is unresponsive on their registered email for 10 consecutive days, any money-back guarantee becomes void.

Card payments are processed by our bank’s merchant services, and we do not store customer card details on our systems in order to maintain security and compliance. Where recurring billing is required, card details are held by merchant services for future payments. We may also accept payment by bank transfer, and payments made via PayPal are processed by PayPal. All prices advertised on this website are exclusive of any applicable taxes (including GST where relevant).

4. Important Information

How do I qualify to claim a refund?

When you receive your initial design concepts and find they do not match your brief, you may choose to claim a refund, subject to the conditions below.

Stage Money-Back Status
None of the initial samples match the customer brief Customer may request a refund within 24 hours of the initial delivery
Customer asks for revisions by providing feedback Money-Back Guarantee no longer applies; the 100% Satisfaction Guarantee applies instead
No action for 60 days The money-back guarantee becomes void; OG Technologies may review and uphold it at its own discretion

How long does a refund take?

It can take up to 21 business days to process a refund. Our full refund policy is detailed in these Terms & Conditions.

Does the money-back guarantee apply to all packages?

The Money-Back Guarantee applies to design packages only. Once you approve a design and request further revisions, the Money-Back Guarantee becomes void; however, you still qualify for the 100% Satisfaction Guarantee, which means we will continue working on your design until you are satisfied.

Why do we offer a Money-Back Guarantee?

We are confident in our skills and quality, so we offer a Money-Back Guarantee should we fail to deliver. It is provided in good faith, and we expect our customers to act in the same spirit. Design work is subjective, and quality feedback helps us get it right. In our experience, initial samples are used to explore ideas rather than as the final result; from your feedback we refine revisions closer to your requirements.

The Money-Back Guarantee does not apply to:

  • Content writing;
  • SEO services;
  • Marketing support services;
  • Telephone services;
  • Publication;
  • Website inventory (printed copies ordered on a client’s behalf);
  • Script writing;
  • Marketing / guaranteed sales;
  • Audio production.

The Money-Back Guarantee does not apply to design agencies, design studios, or those working on their own clients’ projects. Customers claiming a refund may not use the initial design concepts sent to them, and copyright in all designs remains the property of OG Technologies until fully paid.

5. Ownership and Rights to Use

(a) Website and Service Generally

Except as expressly set out in these Terms and Conditions, OG Technologies owns all right, title and interest in the intellectual property and proprietary rights in the Website and Service. You must not remove or alter any copyright notice or other notice on the Website, and you must not use the OG Technologies name or trademarks without our prior written consent.

(b) Creative and Response Briefs

Upon submission of a Creative or Revision Brief, or any other information or media you provide in connection with the Service (the “Client Information”), OG Technologies has the rights and licences necessary to use that Client Information for the purpose of producing Responses and for archival purposes.

(c) Rights of OG Technologies

Upon your submission of Client Information, you grant OG Technologies a royalty-free, perpetual, irrevocable, worldwide right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display that Client Information to the extent necessary to provide you with the Service and Responses.

(d) Rights of Clients

Subject to your compliance with these Terms and Conditions, you will own the final Response composition provided to you (the “Final Product”). You will not own any materials generated during revision cycles leading up to the Final Product, and OG Technologies reserves all rights in those. You grant OG Technologies the right to use briefs, individual Responses and the Final Product for internal, archival and promotional purposes. OG Technologies retains rights to all concepts not selected by you. Your ownership rights are limited to the Final Product, and no trademarks or service marks are conveyed under these Terms and Conditions. OG Technologies has no obligation to perform trademark, service-mark or copyright searches, and you are encouraged to perform your own independent searches and to seek your own intellectual-property protection for the Final Product.

(e) File Release

OG Technologies may charge a reasonable administrative fee for the release of final files upon order closure, and reserves the right to bill for the release of a website domain or master files.

6. Non-Disclosure and Privacy

OG Technologies uses commercially reasonable efforts to follow its Privacy Policy, which may change from time to time at our discretion. We cannot assume responsibility for any information submitted to the Website, or for the use or misuse of any information submitted by you or others, including information accessed through malicious activity.

7. SMS Terms and Conditions

Where you have consented to receive text messages from OG Technologies, the following applies. The phone numbers obtained through the SMS consent process will not be shared with third parties for marketing purposes.

Types of messages — you may receive appointment reminders, service updates and follow-ups on your enquiries. Example: “Hello, thank you for contacting OG Technologies. How can we assist you? Reply STOP to opt out at any time. Message and data rates may apply.”

Message frequency — frequency may vary based on service demand.

Fees — many carriers charge for each message sent or received; these charges vary by carrier and destination.

Opt-in — customers opt in through the intake forms on our website (ogtechnologies.net). No SMS communication is initiated without consent.

Opt-out — you may opt out at any time by replying STOP to any message; you may opt back in by replying START.

Disclosures — message and data rates may apply, message frequency may vary, and you can opt out at any time by texting STOP. For assistance, email hello@ogtechnologies.net.

8. Disclaimers, Indemnification and Limitation of Liability

(a) Responsibility for Content

OG Technologies is not responsible for any use, or non-use, made of the Website or Service. We make no representations or warranties regarding the truthfulness, accuracy or reliability of any information or material communicated through, or posted to, the Service, and we do not endorse any opinions expressed by users. Any reliance on such information is at your own risk, and you are responsible for taking reasonable actions to determine whether your use of a Response will infringe any statutory or third-party rights.

(b) Links to Third-Party Services

The Website may contain links to third-party websites or services. That linked content is not under our control, and OG Technologies is not responsible for it. Links are provided for convenience only and do not constitute an endorsement. If you access any linked content, you do so at your own risk.

(c) Disclaimer of Warranties

The Service and the Responses are provided “as is”. To the maximum extent permitted by law, OG Technologies disclaims all representations and warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, as well as warranties relating to delays, interruptions, errors or omissions. Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law that cannot lawfully be excluded.

(d) Release from Claims

The Service serves as a venue for the creation of work, and OG Technologies does not routinely screen information posted to the Website. If you have a dispute with one or more users, you release OG Technologies (and our affiliates, agents and employees) from claims, demands and damages of every kind arising out of or connected with such disputes, to the extent permitted by law.

(e) Indemnification

You agree to defend, indemnify and hold harmless OG Technologies and its affiliates, officers, agents and employees from any claim, demand or liability arising from your violation of these Terms and Conditions or your use of the Website, including reasonable legal fees.

(f) Limitation of Liability

To the maximum extent permitted by law, OG Technologies will not be liable to you or any other person for consequential, incidental, special, exemplary, punitive or indirect damages arising under or in any way related to the Website or these Terms and Conditions, including lost profits, loss of business or data, or business interruption. Our total liability for damages will be limited to the total amount you paid to OG Technologies for your package under these Terms and Conditions. These Terms and Conditions, and all matters arising from them, are governed by and construed in accordance with the laws of South Australia, Australia, and you submit to the non-exclusive jurisdiction of the courts of that state.