Terms and Conditions
Effective date: October 26th, 2026
1. Company, scope, and acceptance
These terms apply to the Omni Media Consulting website and to agency or consulting engagements with Omni Media Consulting (OPC) Pvt. Ltd. where incorporated into the relevant agreement. “Company”, “we”, “us”, and “our” refer to that entity. “Client” refers to the person or organization engaging our services.
Your use of the website is subject to the website provisions of these terms. Paid services require an accepted proposal, statement of work, order, or other agreement. Visiting the website does not itself create a paid engagement. Anyone accepting an agreement for an organization must have authority to bind it.
OmniCommand is our software product. Its accounts, subscriptions, and product use are governed by the OmniCommand Terms of Service, together with applicable product orders and pilot agreements. These company terms do not replace those product terms. Where agency services and OmniCommand are purchased together, each component remains subject to its applicable agreement unless expressly agreed otherwise.
2. Engagement documents and scope
The accepted engagement documents define deliverables, responsibilities, fees, schedules, and exclusions. A signed agreement or expressly accepted engagement term prevails over these general terms to the extent of a conflict, subject to applicable law and any express order of precedence.
Changes to agreed scope, fees, or material delivery obligations require written agreement. Updates to website copy do not amend an existing signed engagement automatically.
3. Client cooperation and account authority
The client must provide accurate instructions, suitable access, necessary materials, timely approvals, and a designated contact. The client must have rights to supplied materials and authority to grant access to any third-party account or personal information used in the engagement.
Delays in access, materials, or approvals may affect schedules and results. We will communicate material consequences and agree any necessary scope or fee changes.
Account permissions should be limited to the agreed work. Both parties must promptly report suspected unauthorized access and cooperate on removing access when no longer needed.
4. Advertising approvals, budgets, and outcomes
Campaign launches, material budget changes, and publication follow the approval arrangements established for the engagement. We will seek the required client approval before launching new campaigns or increasing an agreed budget, unless the client has provided documented standing authorization covering the action.
The client remains responsible for funding media accounts, approving spending limits, and reviewing commercial results. We remain responsible for performing the account-management duties we accept. Both parties should raise apparent spending discrepancies promptly.
Platform billing practices, delivery fluctuations, attribution limits, and third-party changes can affect spend and results. We do not guarantee revenue, rankings, leads, conversion rates, or return on advertising spend unless a signed agreement expressly provides a defined commitment. Performance projections are estimates rather than assurances.
5. Fees, invoices, and third-party charges
Fees and billing schedules are set out in the accepted agreement or invoice. Unless otherwise agreed, invoices are due within 15 days of issue. Applicable taxes and approved third-party costs are additional unless expressly included.
Advertising spend, software subscriptions, domains, hosting, and other external charges are payable by the client where allocated to it in the engagement. Costs we incur on the client’s behalf require the authorization established for the engagement.
An invoice concern should be raised promptly with enough detail to investigate. Undisputed amounts remain payable. Late charges apply only where agreed and lawful. We may suspend affected work for material non-payment after reasonable notice and an opportunity to resolve it, except where an immediate suspension is legally required.
OmniCommand subscription fees, AI allowances, top-ups, billing periods, and cancellation rules follow its product terms and plan documents.
6. Materials, deliverables, and intellectual property
The client retains its rights in materials, brand assets, account data, and other content it supplies. It grants us the permissions needed to use those materials for the engagement.
Our pre-existing materials, software, methods, frameworks, reusable components, and underlying know-how remain ours or our licensors’. Ownership and licences for commissioned deliverables follow the engagement agreement. Unless otherwise agreed in writing, we retain ownership of our original deliverables and, after full payment, grant the client a non-exclusive licence to use them for the agreed purposes. This licence continues after the engagement ends, subject to its terms and any relevant third-party restrictions.
This provision does not transfer ownership of client data to us. A subscription to OmniCommand does not transfer ownership of its software, models, or underlying technology.
7. Confidentiality, privacy, and platform access
Each party must protect the other’s non-public information with reasonable care and use it only for the engagement or another authorized purpose. Disclosure is permitted to personnel, advisers, and providers who need it and are bound by appropriate duties, or where legally required.
The usual confidentiality exceptions apply to information lawfully public, previously known, independently developed, or lawfully received without restriction. Ordinary confidentiality obligations continue for three years after termination unless an agreement requires longer protection. Trade secrets remain protected while qualifying as such, and personal information remains subject to applicable law and privacy obligations.
Our handling of personal information is explained in the Privacy & Confidentiality Policy. Processing on a client’s behalf is also subject to applicable instructions and any data-processing agreement. Access to advertising and analytics platforms must comply with their applicable terms and permissions.
OmniCommand’s current read-only product functionality is distinct from agency campaign management performed under a separately authorized engagement. Connecting an account to OmniCommand does not authorize our agency to edit it or use its data for unrelated purposes.
8. Case studies and portfolio references
We may request permission to reference an engagement in proposals, case studies, or marketing materials. Client names, logos, identifiable outcomes, confidential metrics, and proprietary information require appropriate written permission or an agreement authorizing that use.
General examples must protect confidentiality. Neither anonymization nor case-study permission overrides applicable law, platform restrictions, or limits on connected-platform data.
9. Third-party services and AI-assisted work
Advertising networks, analytics systems, hosting providers, AI services, and other external tools may be used where relevant to the agreed delivery. They may impose their own terms and operational limits.
We are not responsible for third-party conduct beyond our reasonable control, but this does not remove our own obligations concerning appropriate selection, configuration, access, or contractual safeguards. AI-assisted outputs may require human assessment and may contain errors. Confidential or personal information may be provided to external AI services only where authorized and supported by appropriate safeguards. OmniCommand’s specific AI disclosures are in its product privacy policy and terms.
10. Termination, suspension, and handover
Notice periods, minimum commitments, and termination charges follow the engagement agreement. If none is specified, either party may end the engagement by reasonable written notice, allowing for work in progress and authorized commitments.
We may suspend or terminate affected services for material breach, serious misuse, security risk, or legal requirements. Where practicable, we provide notice and an opportunity to remedy a remediable breach.
On termination, fees for work performed and authorized non-cancellable commitments remain payable. We will coordinate the agreed handover, remove permissions we no longer require, and return or delete client information subject to applicable retention duties. Clients retain access to their own platform accounts and materials. Paid deliverable licences continue as described in Section 6 or the engagement agreement.
Ending an agency engagement does not automatically cancel a separate OmniCommand subscription, and cancelling a product subscription does not automatically terminate agency services. Each must be addressed under its own agreement.
11. Refunds and service concerns
Fees for work properly performed and authorized commitments already incurred are not refundable solely because marketing outcomes differ from expectations. We will investigate service-delivery concerns and apply the remedies provided by the governing agreement and applicable law.
Unperformed prepaid work and any agreed credits or refunds will be addressed in the termination settlement. Nothing in this section excludes mandatory remedies for breach, misrepresentation, or other matters where such remedies cannot lawfully be excluded. Product subscription refunds follow OmniCommand’s own terms and applicable law.
12. Liability
Subject to applicable law and any governing signed agreement, neither party is liable for indirect or consequential losses arising from an agency engagement, including loss of anticipated profits or opportunities.
For agency services, our aggregate liability arising from the relevant event is limited to the service fees invoiced for the affected engagement for the month in which the event occurred. Media spend and pass-through third-party costs are not service fees for this calculation. An engagement agreement may establish a different cap.
These limitations do not apply to liability that cannot legally be limited or excluded. They do not remove duties imposed by mandatory law. OmniCommand liability is governed by its product terms; the agency cap in this section does not replace the product cap.
13. Third-party claims
To the extent permitted by law, the client is responsible for third-party claims caused by materials it supplied without the necessary rights, unlawful instructions, or its unauthorized use of the services. Any indemnity in the engagement agreement governs its scope and procedure. This provision does not require the client to indemnify us for our own breach or wrongdoing.
14. Website use and events outside reasonable control
You must not misuse our website, introduce malicious code, attempt unauthorized access, or infringe the rights of others. Website materials may not be reproduced or exploited beyond permitted use without the relevant rights holder’s permission.
Neither party is responsible for a delay caused by an event beyond its reasonable control where it takes reasonable steps to reduce the effect and informs the other party. Accrued payment obligations and duties to protect information continue where applicable.
15. Governing law and disputes
Unless the governing agreement provides otherwise, Indian law applies and the competent courts in New Delhi have jurisdiction, subject to mandatory legal rights and jurisdiction. The parties should first seek a good-faith resolution through their designated contacts. Arbitration applies only where the parties have a valid arbitration agreement; this page does not impose an unspecified arbitration process.
16. Updates and contact
We may revise these general terms for future website use and engagements and display the effective date. Material changes to existing engagements require the notice or agreement prescribed by their governing documents and applicable law.
Contact: hello@omnimediaconsulting.com, Omni Media Consulting (OPC) Pvt. Ltd., E-2/11, 2nd Floor, Malviya Nagar, New Delhi 110017, India or at the mailing address, 4498 Main St, Suite 4 #1581, Buffalo, NY 14226, United States. OmniCommand support: support@omnicommand.ai.
