By engaging Oki Games LLC ("Developer," "we," "us," or "our") for any website development, software development, application development, or related digital services, you ("Client," "you," or "your") agree to be bound by these Terms and Conditions. These terms constitute a legally binding agreement between you and Oki Games LLC.
1. Project Scope & Deliverables
Oki Games LLC agrees to design, develop, deliver, maintain, and/or host custom websites, web applications, software, or other digital products for the Client as specified in a separate project proposal or agreement ("Project Scope").
The specific features, pages, functionality, and deliverables will be outlined in writing before work begins. Both parties acknowledge that the agreed-upon scope is binding, and any work outside this scope is subject to additional charges as outlined in Section 5.
Any items not explicitly listed in the Project Scope documentation are not included in the base project cost.
2. Payment Terms
Initial Project Costs
If there are initial development costs (custom features, additional pages, integrations, or other requested functionality), the Client agrees to pay 50% of those costs upfront, with the remaining 50% due upon project completion.
Recurring Services
For ongoing services such as hosting, maintenance, or subscription-based features:
- Monthly invoices will be sent on the 1st of each month
- Payment is due within seven (7) calendar days of the invoice date
- Payments shall be made online through the method specified by Oki Games LLC
Late Payment Policy
Important: If payment is not received within seven (7) days of the invoice date, a $25 late fee will be applied. Failure to pay within fourteen (14) days may result in immediate suspension of services and/or termination of the agreement.
3. Ongoing Maintenance & Updates
For clients with active hosting or maintenance agreements, Oki Games LLC will provide:
- Regular content updates as specified in your service agreement
- Security patches and software updates
- Basic analytics support
- Standard maintenance to ensure continued functionality
These services are included in the applicable monthly service fee as outlined in your specific agreement.
4. Hosting & Server Access
Oki Games LLC will host websites and applications on managed servers and perform all routine updates and maintenance.
Hosting Environment Access: The Client will not be granted server or file-level access to the hosting environment. This policy ensures the security and integrity of all client websites and applications on shared infrastructure.
5. Additional Features & Changes
Any requests beyond the agreed-upon project scope, including but not limited to:
- New features or functionality
- Website or application redesigns
- Additional pages or sections
- New integrations or platforms
- Changes to existing systems
Will be billed at $70 per hour, with time estimates agreed upon in writing before work begins.
6. Ownership & Intellectual Property
Client Rights
Upon full payment of all outstanding balances, the Client will be granted ownership of a copy of the completed website's content and design for their own business use.
Oki Games LLC Rights
Oki Games LLC retains full and perpetual rights to:
Reuse and Adaptation:
- Utilize, copy, modify, adapt, distribute, or repurpose any portion of the code, structure, features, layout, design, or design elements for future projects
- Incorporate non-client-specific elements into other works, products, or services
Portfolio and Promotion:
- Publicly display the completed work in portfolios, marketing materials, case studies, demonstrations, and promotional media
Proprietary Components:
- Retain sole ownership of all proprietary tools, frameworks, plugins, templates, and codebases developed or used in connection with the project
Client-Specific Assets
The Client's proprietary assets—including names, logos, trademarks, copyrighted images, and proprietary text content—remain the exclusive property of the Client. If Oki Games LLC reuses templates, code, or designs, Client-specific materials will be excluded unless written permission is granted.
7. Termination
Either party may terminate an active agreement with 14 days' written notice.
If Terminated by Client Before Project Completion
- Oki Games LLC retains rights to all work completed
- Oki Games LLC is under no obligation to provide hosting, maintenance, or complete remaining work
- The Client will receive the project as-is at the time termination is received
- Oki Games LLC retains the right to collect payment equal to its base development rate to compensate for existing work
If Terminated Due to Non-Payment
Oki Games LLC may cease all services immediately and pursue collection of all outstanding amounts, including late fees.
8. Limitation of Liability
Oki Games LLC will not be liable for any indirect, incidental, or consequential damages arising out of the use or inability to use any website, application, software, hosting server, or associated services developed or provided under any agreement.
9. Right of Refusal
Oki Games LLC reserves the right, at its sole discretion, to refuse, reject, or decline any request for additions, amendments, content changes, strategy revisions, or any other service-related directive. This right may be exercised without obligation to provide justification, especially when the requested action:
- Conflicts with Oki Games LLC's core values, mission, or sincerely held ethical, religious, or moral convictions
- Contains, promotes, or implies illegal, defamatory, discriminatory, fraudulent, or deceptive content or conduct
- Violates any local, state, federal, or international laws, rules, or regulations
- Infringes on intellectual property rights, privacy rights, or any third-party rights
- Could reasonably be construed as offensive, obscene, harmful, or otherwise inappropriate
- Requires excessive time, resources, or effort beyond the agreed scope without separate written agreement
- Jeopardizes the reputation, legal standing, or operational integrity of Oki Games LLC
This clause is non-negotiable and protects both parties by maintaining a lawful, ethical, and professional working relationship.
10. Non-Payment Consequences
If the Client fails to pay any invoice in full within fourteen (14) calendar days of the invoice date, Oki Games LLC may, without further notice:
- Immediately suspend all services, including hosting, updates, and access
- Terminate the agreement in its entirety without further obligation
- Retain full rights to withhold, disable, or remove any work from public access until all outstanding amounts are paid
- Pursue collection of all unpaid amounts through legal action or third-party collection services
The Client shall be responsible for any associated collection costs, legal fees, and court costs. Failure to pay does not release the Client from financial obligations.
11. Governing Law & Jurisdiction
These Terms and any agreements entered into with Oki Games LLC shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws principles.
Any legal action, claim, or proceeding shall be filed exclusively in the state or federal courts located in Jackson County, North Carolina. The Client expressly consents to the personal jurisdiction and venue of such courts.
Indemnification
The Client agrees to indemnify, defend, and hold harmless Oki Games LLC from any claims, damages, liabilities, costs, and expenses arising from:
- Content, data, images, or materials provided by the Client
- Any breach of these Terms or project agreements
- Misuse or unlawful use of delivered products or services
- Claims that delivered work infringes on third-party rights
12. Minimum Commitment
For subscription-based services (hosting, maintenance, social media management, etc.), the Client agrees to a minimum service commitment of six (6) consecutive months from the start date.
Month-to-Month Renewal
Upon completion of the initial six-month term, agreements automatically convert to month-to-month arrangements unless terminated with at least thirty (30) days' written notice.
Service Revisions
After the initial term, Clients may revise service selections with written notice provided at least seven (7) days prior to the next billing cycle.
Early Termination
If the Client terminates before completing the initial six-month term, the Client remains liable for payment of all monthly fees through the end of the commitment period.
13. Acceptance of Terms
By engaging Oki Games LLC for any services—whether through signed agreement, verbal confirmation, email approval, payment submission, or continued use of services—the Client acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.
These Terms constitute the full understanding between the parties regarding the matters contained herein. Any amendments must be made in writing and agreed upon by both parties.
Questions? Contact us at any time to discuss these terms or request clarification before engaging our services.