Terms &
Conditions

By visiting the OWEO website (the "Site") or by commissioning, purchasing, or otherwise engaging any services offered by OWEO ("Services"), you ("Client," "you," or "your") agree to be bound by these Terms & Conditions ("Terms"), our Privacy Policy, and any additional terms referenced herein.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. In such case, "you" refers to that entity.

OWEO reserves the right to update or modify these Terms at any time. Continued use of the Site or Services after changes take effect constitutes acceptance of the revised Terms. The "Last Updated" date at the top reflects when changes were last made.

• "OWEO," "we," "us," "our" — refers to OWEO and its directors, employees, contractors, and representatives.
• "Client," "you," "your" — the individual or entity accessing the Site or engaging OWEO's Services.
• "Services" — all design, development, strategy, consulting, and related services offered by OWEO, whether described on the Site or set out in a Statement of Work or Project Agreement.
• "Deliverables" — any work product, designs, code, documents, or other output created by OWEO specifically for and assigned to a Client.
• "Project Agreement" — a written proposal, statement of work, or contract accepted between OWEO and the Client setting out scope, timeline, and fees.
• "Intellectual Property Rights" — all patents, trade marks, copyrights, design rights, database rights, know-how, trade secrets, and all other intellectual or industrial property rights, whether registered or unregistered.
• "Confidential Information" — any information disclosed by either party that is designated as confidential or that reasonably should be understood to be confidential.

OWEO provides creative and technical services including, but not limited to: brand identity design, UI/UX design, web development, mobile application design and development, design systems, and strategic consulting.

All Services are subject to execution of a Project Agreement. Scope, timeline, and fees are set out in the applicable Project Agreement, which forms part of these Terms when executed.

OWEO reserves the right to:

• Decline to provide Services to any individual or entity at our sole discretion
• Subcontract or use independent contractors while remaining responsible for quality and delivery
• Modify, suspend, or discontinue any Service offering at any time, with reasonable notice where this affects existing engagements

Our website content, case studies, and portfolio examples are for informational purposes only and do not constitute a guarantee of identical results for any specific engagement.

Proposals: All proposals and quotations are valid for 30 calendar days from the date of issue unless otherwise stated. Acceptance must be in writing.

Revisions: Each Project Agreement specifies the number of included revision rounds. Unless otherwise agreed in writing:

• A "revision" means feedback within the same creative direction — not a change of scope or concept
• Additional revisions beyond the agreed number are billed at OWEO's standard hourly rate
• Major scope changes (change of brand direction, addition of new pages or features) require a new or amended Project Agreement

Approval: Client approval at each milestone constitutes sign-off. OWEO is not liable for errors discovered after Client has given written approval unless caused by OWEO's gross negligence.

Rush work: Expedited delivery may attract a rush surcharge (typically 25–50% of the quoted project fee), agreed in advance in writing.

Fees: Project fees are as stated in the applicable Project Agreement. All fees are exclusive of applicable taxes (VAT, GST, sales tax) unless expressly stated otherwise.

Standard payment schedule:

• 50% deposit — due before project commencement (non-refundable after work begins)
• 25% milestone payment — due upon delivery of design concepts or agreed midpoint milestone
• 25% final payment — due upon final delivery and before transfer of Deliverables or launch

Invoices are due within 14 days of the invoice date. Overdue invoices may accrue interest at the greater of 1.5% per month (18% per annum) or the maximum rate permitted by applicable law.

OWEO reserves the right to suspend work where payment is overdue by more than 7 days, and to withhold delivery of Deliverables until all outstanding invoices are paid in full.

Expenses: Out-of-pocket expenses (stock imagery, fonts, travel if requested) are charged at cost and itemised on invoices. OWEO will obtain Client approval for any single expense exceeding the threshold agreed in the Project Agreement.

OWEO's Pre-Existing IP: All tools, methodologies, frameworks, templates, processes, and background intellectual property created by or belonging to OWEO prior to or independently of any Client engagement remain the exclusive property of OWEO.

Transfer of Deliverables: Upon receipt of all outstanding payments in full, OWEO assigns to the Client all rights, title, and interest in the bespoke Deliverables created specifically for the Client's project, except as noted below.

Not included in transfer — the following remain OWEO's property:

• Preliminary concepts, mood boards, wireframes, and creative explorations not approved for final use
• OWEO's proprietary internal design libraries, component systems, and toolkits
• Third-party licensed assets (stock photography, typefaces) — Client is responsible for obtaining and maintaining appropriate licences for such assets
• Open-source software components incorporated into builds, which remain subject to their respective open-source licences

Portfolio rights: OWEO retains the right to display and reproduce completed work in our portfolio, website, social media, award submissions, and press materials, unless a non-disclosure agreement covering portfolio use was executed prior to project commencement.

Client IP: Materials provided by the Client to OWEO remain the exclusive property of the Client. The Client grants OWEO a limited, non-exclusive licence to use such materials solely for delivering the agreed Services.

To enable OWEO to deliver Services effectively and on schedule, the Client agrees to:

• Provide timely feedback — respond to requests for content, approvals, or feedback within timeframes specified in the Project Agreement (or, if unspecified, within 5 business days). Delays caused by the Client may result in revised timelines and additional fees.
• Designate a point of contact — identify a decision-maker with authority to approve work on behalf of the Client organisation.
• Provide accurate information — ensure all materials provided to OWEO are accurate, complete, and do not infringe the rights of any third party.
• Obtain necessary rights — ensure you hold all licences, consents, and permissions for any third-party materials provided for use in the project.
• Comply with applicable law — ensure that use of the Deliverables complies with all applicable laws and regulations in your jurisdiction(s).
• Pay on time — pay all invoices by the due date in accordance with Section 5.

OWEO shall not be liable for delays or quality issues to the extent caused by the Client's failure to fulfil the above obligations.

Both parties acknowledge that in the course of engagement they may receive Confidential Information. Each party agrees to:

• Hold the other party's Confidential Information in strict confidence
• Not disclose Confidential Information to any third party without prior written consent, except to employees or contractors on a need-to-know basis bound by equivalent obligations
• Use Confidential Information solely for the purpose of performing or receiving the Services
• Promptly notify the other party of any actual or suspected unauthorised disclosure

These obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known prior to disclosure; (c) is independently developed without reference to the Confidential Information; or (d) must be disclosed by law or court order (with advance notice to the disclosing party where possible).

Confidentiality obligations survive termination of the engagement for a period of five (5) years.

OWEO warrants that:

• We will perform the Services with reasonable care, skill, and diligence
• The Deliverables will substantially conform to the specifications agreed in the Project Agreement
• We have the right and authority to enter into these Terms and perform the Services
• To the best of our knowledge at the time of delivery, Deliverables do not knowingly infringe the Intellectual Property Rights of any third party

OWEO does not warrant that:

• The Services or Deliverables will meet any specific business objectives, conversion targets, revenue goals, or other outcomes
• The Site will be available at all times without interruption or loss of data
• Any third-party platforms or services integrated into Deliverables will remain available or function without interruption

The Site and all information provided therein are offered "as is" and "as available" without any warranty of any kind, whether express, implied, or statutory, to the maximum extent permitted by applicable law.

In no event shall OWEO be liable for any:

• Loss of profits, revenue, business, or anticipated savings
• Loss or corruption of data
• Loss of goodwill or reputation
• Business interruption
• Indirect, incidental, special, consequential, exemplary, or punitive damages

— whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, even if OWEO has been advised of the possibility of such damages.

Nothing in these Terms limits or excludes OWEO's liability for: (a) death or personal injury caused by OWEO's negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by applicable law.

Consumer rights: If you are contracting as a consumer, statutory rights under applicable consumer protection law are not affected by these Terms.

The Client shall indemnify, defend, and hold harmless OWEO, its directors, employees, contractors, and agents from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• The Client's use or misuse of the Deliverables in a manner contrary to these Terms or applicable law
• Any content, materials, or information provided by the Client that infringes the rights of a third party or violates applicable law
• The Client's breach of any representation, warranty, or obligation under these Terms
• Any claim by a third party arising from the Client's use of the Services or Deliverables

OWEO shall notify the Client promptly of any indemnifiable claim, shall provide reasonable cooperation at the Client's expense, and shall not admit liability or settle without the Client's prior written consent (not to be unreasonably withheld).

Either party may terminate a Project Agreement by providing written notice if the other party materially breaches these Terms and fails to cure such breach within 14 days of written notice, or becomes insolvent or subject to bankruptcy proceedings.

Termination by Client (convenience): Upon 14 days' written notice. The Client shall pay for all work completed to the termination date, including any non-cancellable third-party costs incurred on the Client's behalf, plus a kill fee of 25% of the remaining unbilled project value.

Termination by OWEO: OWEO may terminate immediately by written notice if the Client fails to pay any invoice after 7 days' notice, or if OWEO reasonably believes the Client is engaging in unlawful activity.

Effect of termination:

• All accrued payment obligations survive termination
• OWEO will deliver any Deliverables completed and paid for to date
• Each party will return or destroy the other's Confidential Information upon request
• Sections 6, 8, 9, 10, 11, and 13 survive termination

Informal resolution: The parties shall first attempt to resolve disputes in good faith through direct negotiation. Either party may initiate this by delivering written notice describing the nature of the dispute. The parties have 30 days from delivery of such notice to resolve the matter informally.

Mediation: If unresolved, either party may request non-binding mediation before a mutually agreed mediator. Costs of mediation shall be shared equally.

Arbitration: If mediation fails or is not pursued, disputes shall be finally resolved by binding arbitration in the governing law jurisdiction (see Section 14), except that either party retains the right to seek injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm.

Class action waiver: To the maximum extent permitted by applicable law, each party waives any right to bring or participate in any class action, consolidated, or representative proceeding.

These Terms and any disputes arising in connection with them (including non-contractual disputes) shall be governed by and construed in accordance with the laws of the jurisdiction in which OWEO is incorporated, without regard to conflict of law provisions.

Subject to Section 13, the parties submit to the exclusive jurisdiction of the courts of OWEO's registered jurisdiction for disputes not subject to arbitration.

Consumer protection: If you are a consumer, the application of mandatory consumer protection provisions in your country of residence is not affected by this clause.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms.

Entire Agreement: These Terms, together with any applicable Project Agreement and our Privacy Policy, constitute the entire agreement between the parties and supersede all prior agreements, representations, and understandings.

Severability: If any provision is found to be invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or severed if that is not possible. Remaining provisions continue in full force.

Waiver: No failure or delay by OWEO in exercising any right constitutes a waiver. Any waiver must be in writing and signed by an authorised representative of OWEO.

Assignment: The Client may not assign these Terms without OWEO's prior written consent. OWEO may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets, with notice to the Client.

Force Majeure: Neither party is liable for delays or failures (other than payment obligations) caused by circumstances beyond reasonable control, including acts of God, pandemic, war, government action, or failure of third-party infrastructure. The affected party shall notify the other promptly and use reasonable efforts to resume performance.

Notices: All legal notices shall be in writing and delivered by email (with confirmation of delivery) or registered mail. Legal notices to OWEO: legal@oweo.design.

Relationship of parties: Nothing in these Terms creates any partnership, joint venture, agency, employment, or franchise relationship. OWEO is an independent contractor.

Third-party rights: These Terms do not confer any rights on any third party. The Contracts (Rights of Third Parties) Act 1999 and equivalent legislation does not apply.

If you have any questions about these Terms & Conditions, please contact:

• Email (general legal enquiries): legal@oweo.design
• Email (privacy matters): privacy@oweo.design
• Postal: OWEO Design, Attn: Legal, [Registered Address]

We aim to acknowledge all legal correspondence within 5 business days and provide a substantive response within 21 days.