Last Updated: December 02, 2025

Introduction These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "You," or "Your") and Orcanomic ("Agency," "We," "Us," or "Our"), a digital agency operating in the State of Florida. By accessing our website (orcanomic.com), subscribing to our services, or engaging us for a custom project, you agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

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1. Definitions and Interpretation

• "Service" refers to the digital design, web development, marketing, and automation services provided by Orcanomic.
• "Subscription" refers to the recurring billing model (e.g., monthly or quarterly) for ongoing services.
• "Deliverables" refers to the final source files, code, automations, or media assets created for the Client.
• "Active Request" refers to a single task submitted by the Client via the designated project management platform (e.g., Trello, Asana).

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2. Service Structure and Fair Use Policy

Orcanomic operates on a productized model designed to provide flexibility and speed. However, to ensure quality and availability for all clients, the following scope and usage limits apply:

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2.1 Scope of Services

The Services include, but are not limited to:

• Design: UI/UX, Branding, Graphic Assets.
• Development: Webflow, Framer, Shopify, Custom Code (HTML/CSS/JS).
• Marketing: Lead Generation strategy, Social Media asset creation.
• Automations: Zapier, Make, and API integrations.

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2.2 Fair Use Policy (The "Unlimited" Definition)

While our Subscriptions may be described as offering "unlimited requests," this refers to the ability to queue an unlimited number of tasks, not an unlimited volume of output in a finite timeframe.

• Active Requests: The Client is limited to one (1) active request at a time unless a higher tier plan is purchased.
• Turnaround Time: We strive for a turnaround of 2-3 business days for standard tasks. Complex requests (e.g., full landing pages, complex automations) will be broken down into smaller milestones, each counting as an active request.
• Anti-Abuse: Orcanomic reserves the right to pause or terminate a specific request if it is deemed unreasonable, outside the scope of technical possibility, or if the Client engages in abusive behavior toward Agency staff.

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3. Payment Terms and Automatic Renewal

In compliance with Florida Statute § 501.165, the following terms govern your payments and renewals:

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3.1 Authorization

By subscribing, You authorize Orcanomic to charge your designated payment method (credit card, ACH) for the recurring subscription fee.

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3.2 Automatic Renewal

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW at the end of each billing cycle (e.g., monthly) unless you cancel.

• Notification: You will receive a receipt upon each charge.
• Cancellation: You may cancel your subscription at any time by logging into your account dashboard or emailing dan@orcanomic.com. Cancellation requests must be made at least 24 hours prior to the renewal date to avoid being charged for the subsequent period.

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3.3 Late Payments

Invoices for non-subscription projects are Due on Receipt. Unpaid invoices exceeding 15 days will incur a late fee of 1.5% per month (or the maximum allowed by Florida law). Service will be suspended immediately for any accounts with overdue balances.

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4. Refunds and Satisfaction Guarantee

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4.1 Subscription Refunds (7-Day Guarantee)

For new Clients on their first monthly subscription only, Orcanomic offers a 7-Day Risk-Free Guarantee.

• If you are unsatisfied with the service, you may request a full refund within 7 calendar days of your initial sign-up.
• Exception: This refund is void if You have approved and downloaded final source files for more than one (1) Deliverable.
• Subsequent Months: After the initial 7-day period, and for all renewal terms, all payments are non-refundable. There are no pro-rated refunds for partial months used.

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4.2 Project Deposits

For fixed-price projects (non-subscription), deposits are non-refundable once work has commenced. If the Client cancels the project, a "Kill Fee" equal to the deposit or 25% of the total project value (whichever is higher) shall be retained by the Agency to cover opportunity costs.

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5. Intellectual Property Rights

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5.1 Ownership

Upon full payment of all applicable fees, Orcanomic grants and assigns to the Client all right, title, and interest in and to the specific Deliverables created for the Client.

• Preliminary Works: Ownership of concepts, drafts, and rejected designs remains with Orcanomic.
• Background Technology: Orcanomic retains ownership of any pre-existing code, tools, or frameworks ("Agency Tools") used to create the Deliverables. The Client is granted a perpetual, non-exclusive license to use such Agency Tools as incorporated into the Deliverables.

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5.2 Portfolio License

Unless a Non-Disclosure Agreement (NDA) is signed, You grant Orcanomic a limited, non-exclusive right to use the Deliverables for promotional and portfolio purposes, including display on orcanomic.com and social media channels.

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6. Third-Party Platforms and Disclaimers

Orcanomic utilizes third-party tools (Webflow, Shopify, Framer, AWS, Zapier) to deliver services.

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6.1 No Liability for Platform Failure

Orcanomic is not responsible for:

• Downtime, data loss, or service interruptions caused by third-party platforms.
• Changes to third-party pricing, APIs, or terms of service.
• Plugin or app malfunctions updates that break existing functionality.

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6.2 Hosting and Maintenance

Unless You purchase a separate Maintenance Package, You are solely responsible for the hosting, security updates, and maintenance of your website or automation scripts after the Deliverables are handed over.

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7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY FLORIDA LAW:

• Indirect Damages: In no event shall Orcanomic be liable for any indirect, special, incidental, or consequential damages (including loss of profits, data, or business opportunities) arising out of or related to your use of the Services.
• Liability Cap: Orcanomic’s total aggregate liability for any claim arising out of this Agreement shall strictly not exceed the total amount paid by You to Orcanomic in the one (1) month period preceding the event giving rise to the claim.

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8. Termination

• By Client: You may terminate this Agreement at any time via the cancellation procedures outlined in Section 3.
• By Agency: Orcanomic may terminate this Agreement immediately if You breach these Terms, fail to pay fees, or engage in conduct that threatens the Agency’s staff or business reputation.

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9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

• Venue: Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Duval County, Florida (or appropriate jurisdiction for Northeast Florida).
• Mediation: Prior to initiating litigation, both parties agree to attempt to resolve any dispute through good-faith mediation.

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10. Miscellaneous

• Independent Contractor: Orcanomic is an independent contractor, not an employee or partner of the Client.
• Severability: If any provision of these Terms is held to be invalid, the remaining provisions shall remain in full force.
• Entire Agreement: These Terms constitute the entire agreement between the parties regarding the subject matter hereof.

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