Terms of Service

These terms and conditions govern your use of OM NEEL LLC's services and establish the legal framework for our professional relationship.

Agreement Overview

By engaging OM NEEL LLC for software development services or using our website, you agree to be bound by these Terms of Service. Please read these terms carefully before proceeding with any services or transactions.

Service Terms

Service Scope & Delivery

Project Definition: All software development projects begin with a detailed scope of work that defines deliverables, timelines, and specifications.

Development Process: We follow agile development methodologies with regular client updates, sprint reviews, and iterative delivery.

Quality Assurance: All deliverables undergo comprehensive testing and quality assurance before delivery to ensure they meet specified requirements.

Timeline Commitments: We commit to agreed-upon timelines and will communicate promptly if any adjustments are necessary due to scope changes or unforeseen circumstances.

Change Requests: Any modifications to the original scope of work will be documented and may result in adjusted timelines and costs.

Payment Terms & Pricing

Payment Schedule: Projects typically follow a milestone-based payment structure with payments due upon completion of agreed-upon deliverables.

Invoicing: Invoices are issued according to the agreed payment schedule and are due within 30 days of receipt unless otherwise specified.

Late Payments: Late payments may result in project suspension and may incur additional charges as specified in individual contracts.

Currency: All payments are processed in US Dollars (USD) unless otherwise agreed upon in writing.

Refunds: Refund policies are determined on a case-by-case basis and outlined in individual service agreements.

Intellectual Property Rights

Client Ownership: Upon full payment, clients retain ownership of custom software developed specifically for their use, including source code and documentation.

Third-Party Components: Some solutions may incorporate third-party libraries or frameworks subject to their respective licenses.

OM NEEL Tools: Proprietary tools, frameworks, and methodologies developed by OM NEEL LLC remain our intellectual property.

Confidentiality: We maintain strict confidentiality regarding all client projects and proprietary information.

Portfolio Usage: With client consent, we may reference completed projects in our portfolio and marketing materials without disclosing confidential details.

Warranties & Limitations

Service Warranty: We warrant that all services will be performed in a professional manner consistent with industry standards.

Software Warranty: Custom software is warranted to perform according to specifications for a period of 90 days after delivery.

Limitation of Liability: Our liability is limited to the total amount paid for services, excluding indirect, incidental, or consequential damages.

Third-Party Services: We are not liable for issues arising from third-party services, hosting providers, or external dependencies.

Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control.

Client Responsibilities

Information Provision: Clients must provide accurate, complete, and timely information necessary for project completion.

Access & Cooperation: Clients must provide necessary access to systems, personnel, and resources as required for service delivery.

Feedback & Approval: Timely review and approval of deliverables according to agreed-upon schedules.

Legal Compliance: Clients are responsible for ensuring their use of delivered software complies with all applicable laws and regulations.

Data Backup: Clients are responsible for maintaining backups of their data and systems.

Confidentiality & Non-Disclosure

Mutual Confidentiality: Both parties agree to maintain the confidentiality of proprietary information shared during the engagement.

Data Protection: We implement appropriate security measures to protect client data and confidential information.

Employee Obligations: All OM NEEL LLC employees and contractors are bound by confidentiality agreements.

Return of Information: Upon project completion or termination, confidential materials will be returned or securely destroyed.

Ongoing Obligations: Confidentiality obligations survive the termination of our service relationship.

Support & Maintenance

Initial Support: Complimentary support is provided for 30 days following project delivery for bug fixes and clarifications.

Extended Support: Ongoing maintenance and support services are available under separate agreements.

Response Times: Support response times vary based on the support level agreement and issue severity.

System Updates: We recommend regular updates and maintenance to ensure optimal performance and security.

Emergency Support: 24/7 emergency support is available for critical systems under premium support agreements.

Termination & Cancellation

Project Termination: Either party may terminate a project with 30 days written notice, subject to payment for work completed.

Breach of Contract: Immediate termination may occur in cases of material breach that remains uncured after 15 days notice.

Work Product: Upon termination, clients receive all completed work product upon payment of outstanding invoices.

Data Return: Client data and materials will be returned or securely destroyed upon termination.

Survival Clauses: Payment obligations, confidentiality, and intellectual property provisions survive termination.

Legal Jurisdiction & Governing Law

These Terms of Service are governed by the laws of the State of Oregon, United States. Any disputes arising from these terms or our services shall be resolved through binding arbitration in Hillsboro, Oregon, or through the competent courts of Washington County, Oregon.

Terms Updates & Modifications

These terms of service were last updated on January 15, 2025. OM NEEL LLC reserves the right to modify these terms at any time. Significant changes will be communicated to active clients, and continued use of our services constitutes acceptance of updated terms.

Questions About Our Terms?

If you have any questions about these Terms of Service, need clarification on any provisions, or wish to discuss custom terms for your project, please contact us. We're here to ensure you have a clear understanding of our service agreements.