Legal
Terms & Conditions
Acceptance of Terms
By accessing and using the services provided by Omni Marketing Group LLC, you accept and agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our services.
Use of Services
You agree to use our services only for lawful purposes and in accordance with these Terms. You must not use our services in any way that violates any applicable federal, state, local, or international law or regulation. You are responsible for maintaining the confidentiality of your account information.
Client Responsibilities
Clients agree to: • Provide accurate and complete information necessary to perform the services. • Grant necessary access to accounts, platforms, and assets required for service delivery. • Review and approve deliverables in a timely manner. • Comply with all applicable laws and platform terms of service. • Make all payments on time and in accordance with the applicable service agreement. • Maintain a valid, up-to-date credit or debit card (or other accepted payment method) on file at all times.
Intellectual Property
All content, features, and functionality on our website and in our services, including but not limited to text, graphics, logos, images, and software, are the exclusive property of Omni Marketing Group LLC and are protected by United States and international copyright, trademark, and other intellectual property laws.
Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared during the engagement and not to disclose it to third parties without prior written consent, except as required by law.
Service Agreements
Specific services provided by Omni Marketing Group LLC may be subject to additional terms and conditions. Any service agreements will be provided separately and will govern the specific services to which they apply.
Limitation of Liability
In no event shall Omni Marketing Group LLC, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, or other intangible losses, resulting from your use of or inability to use our services.
Disclaimer of Warranties
Our services are provided on an 'as is' and 'as available' basis. Omni Marketing Group LLC makes no warranties, expressed or implied, and hereby disclaims all warranties including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property.
Termination
Either party may terminate services in accordance with the terms of the applicable service agreement. Omni Marketing Group LLC reserves the right to terminate services immediately if a client violates these Terms or engages in unlawful activity.
Governing Law & Dispute Resolution
Omni Marketing Group LLC, a Wyoming limited liability company doing business as Social Beans Marketing, maintains its headquarters at 5700 Tennyson Pkwy, Suite 300, Plano, TX 75024. These Terms and Conditions, and any matter arising out of or relating to them or to our services, shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any and all disputes must first be submitted to and resolved through mediation conducted under the laws of Collin County, Texas. The parties agree that Collin County, Texas shall be the exclusive venue for any mediation or other proceeding arising out of or relating to these Terms.
Changes to Terms
We reserve the right to modify or replace these Terms at any time. We will provide notice of any material changes by posting the new Terms on this page. Your continued use of our services after any such changes constitutes your acceptance of the new Terms.
Payment Authorization and Failed Payment Recovery
By enrolling in services and providing a payment method, Client authorizes Omni Marketing Group LLC ("Company") to charge the applicable Fees to any payment method on file, including but not limited to credit cards, debit cards, and bank accounts via ACH debit. This authorization remains in effect for the duration of the Agreement and for any outstanding balances owed after termination.
Automatic Retry
If any scheduled payment fails for any reason, Company may re-attempt to process the charge up to three (3) times for credit/debit card transactions and up to two (2) times for ACH transactions, in accordance with applicable card network rules and Nacha Operating Rules.
Alternate Payment Method
If the primary payment method on file fails after all permitted retry attempts, Client authorizes Company to charge any other payment method on file for the full amount due, without additional notice or consent.
Card Account Updates
Client authorizes Company to obtain updated credit or debit card information from the applicable card network or issuing bank (e.g., through Visa Account Updater, Mastercard Automatic Billing Updater, or similar services) and to apply such updated information to future charges under this Agreement.
Accepted Payment Methods
Company accepts Visa, Mastercard, American Express, and Discover for all recurring and one-time payments. Client is responsible for maintaining a valid, accepted payment method on file at all times during the term of this Agreement.
Late Fees
Any amount not paid when due shall accrue interest at the rate of one and one-half percent (1.5%) per month, or the maximum rate permitted by applicable law, whichever is lower, calculated from the date such amount was due until the date of actual payment.
Returned Payment Fee
A fee of $35.00 will be assessed for each payment that is returned, declined, or fails due to insufficient funds, closed accounts, or any other reason.
Service Cessation and Suspension
If any payment remains unpaid for more than fifteen (15) days past the due date, all work performed by Company on Client's behalf shall immediately cease. This includes, but is not limited to: management of advertising campaigns and paid ads; social media posts and content scheduling; campaign approvals and creative production; website hosting and maintenance; call tracking and phone number routing; and access to analytical data and reporting dashboards. Client's website and online presence may be suspended without further notice. Company shall not be liable for any loss of data, ad performance, search rankings, or business interruption resulting from such cessation.
Early Termination for Non-Payment
If any amount remains unpaid for more than thirty (30) days past the due date, Company may terminate this Agreement immediately. Upon such termination, the full remaining balance due for the remainder of the then-current Agreement term shall become immediately due and payable in full. Client acknowledges that this accelerated payment obligation reflects the contractual commitment made at the time of enrollment and is not a penalty.
Collection Costs
Client agrees to reimburse Company for all reasonable costs incurred in collecting any past-due amounts, including but not limited to attorneys' fees, court costs, and collection agency fees.
Fraudulent Chargebacks and Theft of Service
Client agrees not to initiate any chargeback, payment dispute, or reversal of charges for services that have been rendered or are currently being performed under this Agreement. Filing a fraudulent or bad-faith chargeback for services received constitutes theft of service under applicable law. Under Texas Penal Code Section 31.04, a person commits theft of service if they intentionally or knowingly secure performance of a service by deception, threat, or false token, or if they fail to make payment for a service after it is rendered. Penalties under Texas law are determined by the dollar amount involved and range from a Class C misdemeanor for amounts under $100 to a felony of the third degree or higher for amounts exceeding $30,000. In the event Client initiates a chargeback or payment dispute that Company reasonably determines to be fraudulent or in bad faith, Company reserves the right to pursue all available legal remedies, including but not limited to recovery of the disputed amount, all associated chargeback fees, attorneys' fees, and court costs. Company may also report such conduct to the appropriate law enforcement authorities.
Questions?
Contact us at hello@omg-mail.com or 5700 Tennyson Pkwy, Suite 300, Plano, TX 75024.