Terms of Service
Last updated: March 18, 2026
1. Acceptance of Terms
By accessing or using the Open Mind Labs website and services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you may not use our services.
2. Services Description
Open Mind Labs provides digital marketing services (including PPC, brand strategy, content marketing, social media, and analytics) and ICT services (including software development, cloud infrastructure, IT consulting, and technical support). Specific scope, timelines, and deliverables are defined in individual project proposals and statements of work.
3. Client Responsibilities
Clients are responsible for providing timely feedback, required materials, and access to systems needed for project delivery. Delays caused by client-side factors may affect project timelines. Clients represent that they have the authority to use any materials, content, or data provided to Open Mind Labs for use in project deliverables.
4. Intellectual Property
Upon full payment, clients receive ownership of deliverables created specifically for them. Open Mind Labs retains ownership of pre-existing frameworks, tools, libraries, and general knowledge. We reserve the right to showcase completed work in our portfolio unless otherwise agreed in writing.
5. Payment Terms
Project fees are outlined in individual proposals. We typically require a 50% deposit before work begins, with the balance due upon project completion. Recurring service fees are billed monthly in advance. All fees are non-refundable unless explicitly stated in a signed agreement.
6. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared during the engagement. This obligation survives the termination of any agreement. Confidential information does not include information that is publicly available, independently developed, or rightfully received from third parties.
7. Limitation of Liability
Open Mind Labs' total liability for any claim arising from our services shall not exceed the total fees paid by the client for the specific service giving rise to the claim. We are not liable for indirect, incidental, consequential, or punitive damages, including lost profits or business opportunities.
8. Warranties & Disclaimers
We warrant that our services will be performed with reasonable skill and care consistent with industry standards. We do not warrant specific results, outcomes, or ROI figures unless explicitly guaranteed in a signed agreement. All other warranties, express or implied, are disclaimed.
9. Termination
Either party may terminate an engagement with 30 days written notice. Upon termination, clients are responsible for payment of all work completed up to the termination date. Open Mind Labs will deliver all completed work product upon receipt of final payment.
10. Governing Law
These Terms of Service are governed by and construed in accordance with the laws of the Republic of Zambia. Any disputes shall be subject to the exclusive jurisdiction of the courts of Zambia.
11. Changes to Terms
We reserve the right to modify these terms at any time. Changes will be communicated in writing. Continued use of our services after changes take effect constitutes acceptance of the revised terms.
12. Contact
Questions about these Terms of Service should be directed to hello@omldesign.com.