Ondash Customer Terms of Service
Last Updated: Feb 9, 2024
Introduction
Antimatter Creative Labs (Halifax) Inc., doing business as Ondash (“Ondash”), provides a Project Relationship Management (PRM) platform designed for agencies to streamline their operations, communications, and project management with freelancers and clients. These Customer Terms of Service (“Terms”) govern your access to and use of Ondash’s website (www.getondash.com), platforms, applications, and services (collectively, the “Service”).
Acceptance of Terms
By registering, accessing, or using the Service, you (“Customer” or “You”) agree to be bound by these Terms. If you are entering these Terms on behalf of a business or entity, you represent that you have the authority to bind the entity to these Terms.
Service Description
Ondash offers various service tiers, including Ondash Wiki, Ondash Agency, and Ondash Custom, each designed to cater to the unique needs of creative agencies and their interaction with freelancers and clients.
Modifications to the Service and Terms
Ondash reserves the right to modify or discontinue the Service with or without notice. Ondash may also change these Terms at any time. Your continued use of the Service after any such changes signifies your acceptance of the new Terms. By continuing to use our services after we have posted updated Terms, you agree to be bound by the new Terms. We encourage you to review our Terms of Service periodically for any changes.
Account Registration and Use
Account Creation
You must register for an account to access certain features of the Service. You agree to provide accurate, complete, and updated information during the registration process.
Account Responsibilities
You are responsible for safeguarding your account, including passwords, and for all activities that occur under your account. Ondash is not liable for any loss or damage arising from your failure to comply with this requirement.
Fees and Payments
Subscription Fees
Customers will pay subscription fees based on their selected service tier. All fees are non-refundable, except as required by law or as explicitly set forth in these Terms.
Cancellation Policy:
Upon deciding to cancel your subscription, please be aware that you will remain responsible for payment of any remaining time in your current subscription period. Your cancellation will take effect at the start of the next billing cycle. This means that even if you cancel your subscription, you will not receive a refund for any remaining time in the current month or year (depending on your billing cycle) but you will not be billed for any subsequent periods. We recommend initiating the cancellation process well in advance of the next renewal date to avoid unwanted charges.
Payment Terms
Fees are billed on a monthly or annual basis and are automatically charged to the Customer’s provided payment method.
Use of the Service
Compliance
Customers agree to use the Service in compliance with these Terms and all applicable laws and regulations.
Restrictions
Customers shall not (i) sublicense, resell, or exploit the Service without explicit permission from Ondash; (ii) use the Service for any illegal or unauthorized purpose; (iii) interfere with or disrupt the Service’s integrity.
Intellectual Property
Ondash and its licensors own all rights, title, and interest in and to the Service, including all associated intellectual property rights. These Terms do not transfer any rights or ownership in or to the Service, except for the limited license granted herein.
Confidentiality
Customers may receive or become aware of information that is confidential and proprietary to Ondash. Customers agree to maintain the confidentiality of all such information.
Data Protection
Customers agree to comply with all applicable data protection laws in connection with their use of the Service and the processing of personal data.
Termination
Ondash’s Right to Terminate:
Ondash may terminate your access to all or any part of the Service at any time with or without notice, if you breach these Terms, or in case of any other circumstances that Ondash deems appropriate.
Customer’s Right to Terminate:
You may terminate your use of the Service at any time by ceasing all use of the Service and notifying Ondash of your decision to terminate.
Right to Shut Down Service
Ondash reserves the right, at its sole discretion, to shut down the Service or any part thereof for any reason at any time without notice. In the event of a shutdown, Ondash will make reasonable efforts to notify customers in advance and provide information on the process for retrieving their data, where applicable. Ondash will not be liable for any damages, loss of data, loss of business, or other impacts resulting from such a shutdown.
Limitation of Liability
In no event will Ondash be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages arising out of or in connection with these Terms or the Service.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the courts of Nova Scotia, Canada.
Dispute Resolution
Any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration in accordance with the rules of the Nova Scotia Arbitration Association.
General Provisions
These Terms constitute the entire agreement between you and Ondash concerning the Service and supersede all prior agreements or communications.
Indemnification
You agree to indemnify, defend, and hold harmless Antimatter Creative Labs (Halifax) Inc., its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Service, including, but not limited to, your User Content, any use of the Service’s content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Service.
Service Availability and Downtime
Planned Maintenance: Ondash is committed to minimizing downtime and aims to provide advance notice to customers regarding any planned maintenance that might affect the availability of the Service. We strive to conduct maintenance activities during off-peak hours to minimize impact on our users.
Unplanned Service Interruptions: In the event of unplanned service interruptions, Ondash will make every effort to restore service as quickly as possible. We prioritize rapid response to service disruptions to ensure continuity of our Service for all users.
Data Backup and Loss
Ondash performs daily backups of data to ensure the resilience and reliability of the Service. However, it is important to note that users will not have the capability to create their own backups of data stored within the Service. We encourage users to maintain separate records of critical data as needed. Ondash is not responsible for any loss of data, and users agree to this condition by using the Service.
Disclaimers
The Service and its content are provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Ondash Inc. does not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available are free of viruses or other harmful components. Ondash Inc. does not make any warranties or representations regarding the accuracy, completeness, reliability, or timeliness of the content, services, products, text, graphics, or links provided on or through the use of the Service. You are solely responsible for your use of the Service and its content.
Survival
The provisions of these Terms of Service that by their nature should survive termination will survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Customer Support
Ondash offers customer support through email for Wiki and Agency tiers, and both email and phone support for Enterprise tier customers. Our goal is to respond to all customer support inquiries within 24-72 business hours, ensuring that our customers receive timely and effective assistance.
Updates and Upgrades
Ondash is dedicated to continually enhancing the Service’s functionality, security, and overall user experience through updates and upgrades. These improvements are applied automatically, requiring no action from our users. Customers will be notified via email about any significant updates or upgrades to ensure they are informed of new features or changes that may affect their use of the Service.
Subscription Renewal and Cancellation
Subscriptions to Ondash services are automatically renewed. Customers wishing to cancel their subscription may do so by contacting us directly or cancelling their account through the Service interface. We recommend that customers initiate the cancellation process well in advance of the renewal date to avoid unwanted charges.
Integration with Third-party Services
Ondash’s Service may integrate with various third-party services, providing users with enhanced functionality. While we select our third-party partners with care, Ondash is not responsible for the data security and privacy practices of these external services. We encourage our users to review the terms of service and privacy policies of any third-party services they choose to utilize in conjunction with our Service to understand how their data will be handled.
Changes to Services or Pricing
Ondash reserves the right to modify services or pricing with one month’s notice to our customers. Any changes to services or pricing will be communicated via email, providing customers ample time to assess and respond to the changes.
Feedback Ownership
Ondash values customer feedback, suggestions, and improvements but does not provide credit for such contributions. By submitting feedback, customers agree that Ondash has the right to use and incorporate such feedback into the Service without compensation.
Contact Information
For questions about these Terms, please contact Ondash at support@getondash.com.
Affiliate Program Terms
Eligibility and Enrollment
To participate in the Ondash Affiliate Program, applicants must complete the registration form and be approved by Ondash. Approval is contingent upon a review by Ondash to ensure alignment and a good fit within our partner community. Ondash reserves the right to refuse or revoke participation at its sole discretion.
Promo Code Use and Distribution
Upon enrollment, affiliates will be provided with a unique promo code. This code must be used for the purpose of promoting Ondash’s services within the affiliate’s network. Affiliates agree not to misuse their promo codes or represent Ondash in a misleading or negative manner. Promo codes may not be shared on coupon or discount websites.
Earnings and Payments
Affiliates will earn a monthly revenue share for each new customer that subscribes to Ondash using the affiliate’s unique promo code. The revenue share structure is as follows:
- Silver Tier: For 1-4 subscriptions, earn 10% of revenue per month per subscription.
Gold Tier: For 5-9 subscriptions, earn 15% of revenue per month for each subscription, including the first four.
Premium Tier: For 10+ subscriptions, earn 20% of revenue per month for each subscription, including all previous ones.Payments to affiliates will be made on a monthly basis, subject to any adjustments for refunds or cancellations. Affiliates must provide valid payment information to receive earnings.
Termination
Either party may terminate the affiliate relationship at any time with written notice. Upon termination, the affiliate must cease all use of promotional materials and promo codes provided by Ondash.
Termination by Ondash or Affiliate: Either Ondash or the affiliate may terminate the affiliate relationship at any time with written notice. Reasons for termination by Ondash may include, but are not limited to, violation of these Terms, misuse of the promo code, or any illegal or unethical marketing practices.
Commission Payments Post-Termination: Upon termination of the affiliate relationship, the affiliate will no longer be eligible to receive new commissions from referrals made after the date of termination. However, for clients referred by the affiliate who remain active with Ondash prior to the termination date, the affiliate will continue to receive their earned commissions for the next commission payment following the termination, provided the referred clients remain active and in good standing. This is in recognition of the affiliate’s role in securing long-term clients for Ondash.
Condition for Ongoing Commissions: Ongoing commission payments to terminated affiliates are contingent upon the continued active and in good standing status of the referred clients. Should a referred client cancel their subscription or fail to remain in good standing, commission payments related to that client will cease.
Final Payment: All final commission payments to the affiliate will be calculated and paid during the next billing cycle following the termination notice, subject to any adjustments for refunds or cancellations as per Ondash’s standard payment terms.
Compliance and Conduct
Affiliates are expected to conduct themselves in a professional and lawful manner, complying with all applicable laws and regulations. Affiliates must ensure that their promotional activities do not infringe upon the rights of others or constitute spam.
Changes to the Affiliate Program
Ondash reserves the right to modify the terms of the Affiliate Program, including the reward structure, at any time. Affiliates will be notified of any significant changes and continued participation in the program will constitute acceptance of the new terms.
Contact Information
For questions about these Terms, please contact Ondash at support@getondash.com.
