Terms of Service
The terms, rules, and guidelines for engaging with One Vision Agency services.
ONE VISION AGENCY MASTER TERMS OF SERVICE
Last Updated: January 14, 2026
These Terms of Service ("Terms") constitute a legally binding agreement between One Vision Agency ("Agency", "we", "us") and the entity or individual engaging our services ("Client", "you"). By accessing our website or signing a Statement of Work (SOW), you agree to these Terms.
1. Definitions
2. Services & Payment
- Services are defined in individual Statements of Work (SOW) or Invoices. Any requests outside the SOW are subject to additional billing at our standard hourly rates.
- Unless otherwise stated in an SOW, all invoices are due Net 15 days from the invoice date.
- Late payments shall accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.
- We reserve the right to suspend all services and take down live websites if payment is past due by more than 15 days.
3. Intellectual Property Rights
Upon full payment of all fees, Agency assigns to Client all rights, title, and interest in the specific Deliverables created for Client.
Agency retains all ownership of its Background IP. Agency grants Client a non-exclusive, perpetual, royalty-free license to use Background IP solely as incorporated into the Deliverables. You may not resell or strip-mine our underlying code/templates.
You grant Agency a limited right to display your name, logo, and the Deliverables in our portfolio, marketing materials, and case studies.
4. Client Obligations & Warranties
- You represent and warrant that all Client Content provided to us does not infringe on any third-party rights (copyright, trademark) and complies with all applicable laws (including truth-in-advertising and consumer protection laws).
- You are responsible for final review and approval of all Deliverables (including spelling, phone numbers, and legal claims) before they are published. Agency is not liable for errors approved by Client.
5. Texas Regulatory Restriction (Strict SMS/Telemarketing Ban)
DUE TO TEXAS SENATE BILL 140 (SB 140) AND RELATED TELEMARKETING REGULATIONS:
- Agency strictly does not provide SMS, MMS, or telemarketing services to any phone numbers with Texas area codes or to recipients located within the State of Texas.
- Agency employs technical measures (geo-blocking and area code filtering) to prevent messaging to Texas recipients.
- Client agrees NOT to attempt to bypass these restrictions, cloak Texas numbers, or use Agency tools to solicit Texas residents via SMS/MMS.
- If Client circumvents these controls, or provides data that results in messages being sent to Texas residents in violation of SB 140, Client assumes sole and full liability for any resulting fines, penalties, or lawsuits (including statutory damages of up to $5,000 per violation).
6. Disclaimers (No Guarantees)
THE SERVICES ARE PROVIDED "AS IS." AGENCY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
We do not guarantee specific results, including but not limited to: specific search engine rankings (SEO), ad performance metrics (ROAS), or sales increases. Marketing platforms (Google, Meta, TikTok) change algorithms at will; we have no control over these third parties.
7. Limitation of Liability (Strict Cap)
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
AGENCY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.
AGENCY’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CLIENT TO AGENCY IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
8. Indemnification
You agree to indemnify, defend, and hold harmless One Vision Agency and its officers, directors, and employees from any claims, liabilities, damages, and costs (including legal fees) arising out of:
- Your Client Content (e.g., a third party claims your logo infringes their trademark).
- Your violation of any laws or regulations (specifically including Texas SB 140, TCPA, or other telemarketing statutes).
9. Dispute Resolution (Binding Arbitration)
This Agreement is governed by the laws of the State of California, without regard to conflict of law principles.
Any dispute arising under these Terms shall be resolved exclusively through binding arbitration in Los Angeles, CA, conducted by the American Arbitration Association (AAA). You waive your right to a jury trial and to participate in a class action lawsuit.
10. Termination
Contact Us
For questions about these terms or our services:
One Vision Agency | Genre
One Vision Agency
Korean American Digital Agency specializing in web development, design, and growth marketing.