General Work Terms and Client Responsibilities & Liabilities
The client must supply all website content, including text and multimedia elements, to Opaninsights before the project commences.
The client is solely responsible for creating a comprehensive backup of their website content before granting authorization for Opaninsights to proceed with the agreed-upon work. Opaninsights will not be held accountable for any loss or damage to existing data under any circumstances.
The contract relieves Opaninsights from obligations related to data entry, web hosting, or custom artwork/graphics development, unless expressly outlined, compensated, and mutually agreed upon by both parties. Artwork, images, or text created or supplied by Opaninsights on behalf of the client will be considered the property of Opaninsights and/or its suppliers unless explicitly stated and mutually agreed upon.
The contract absolves Opaninsights from any obligations related to data entry, web hosting, or the creation of custom artwork/graphics unless these tasks are explicitly specified, compensated, and mutually agreed upon by both parties. Any artwork, images, or text generated or supplied by Opaninsights for the client will be considered the property of Opaninsights and/or its suppliers unless explicitly stated and mutually agreed upon otherwise.
Opaninsights will provide the client with the opportunity to review the website's design and content during the design process and upon its completion. Opaninsights will anticipate feedback from the client for a duration of 7 days concerning the work and materials presented. If the client does not provide a response within this timeframe, the materials will be deemed as accepted and approved by the client automatically.
During the design process and upon its completion, Opaninsights will afford the client the chance to review the website's design and content. The client is expected to provide feedback within a 7-day period regarding the work and materials presented. Failure to respond within this timeframe will result in the materials being automatically considered accepted and approved by the client.
Opaninsights disclaims responsibility for any changes or modifications made to the client's website by the client or any third party after the website has been installed or deployed. These modifications may include additions, adjustments, deletions, or other alterations. If issues arise due to these modifications, Opaninsights may require a one-time web development fee to address and rectify these issues.
Payments
Opaninsights accepts payments via credit cards. Please be aware that we have the right to decline payments made through these methods without prior notice. Additionally, we reserve the right to modify our prices and discontinue certain payment methods at our discretion, without prior notification. If a customer terminates our service before its completion, a cancellation fee may be imposed. This fee will be based on the work completed up to the point of cancellation. Failure to pay the cancellation fee and any outstanding amounts may result in legal action, if deemed necessary.
Our project advances through several stages, and the initiation of the next stage is contingent upon receiving the agreed-upon payments for the preceding stage. Once our service is complete, the website will be uploaded to the customer area of the server for your review and approval. After you provide your consent, the website will be transferred to the destination server for hosting. It's important to note that Opaninsights retains the right to delay the website upload until we have received full payment for our services. All the code and materials generated during the project will be handed over to you upon the project's completion and your final approval. Ownership of the code will be transferred to you once the final payments have been settled.
Support and 3rd-Party
After the launch of your website, we provide complimentary support for the initial month. Following this period, we offer customized support packages tailored to your specific requirements, with a range of pricing options. Choosing a higher-tier support package may grant you attractive discounts. It's crucial to understand that our support services encompass bug fixes and email assistance but do not cover issues related to website architecture, rule changes, or add-ons/enhancements.
The client bears full responsibility for any third-party support, products, or services utilized or integrated into the site, including matters concerning licensing, payment, copyright, and similar considerations. It is the client's responsibility to independently arrange and secure such services, or they may opt to delegate this responsibility to Opaninsights, provided that they make advance payment for any associated expenses. Please be aware that the fees charged by Opaninsights do not cover any out-of-pocket costs or reimbursements related to third-party products or services.
Opaninsights does not offer any assurances or warranties regarding the accuracy or performance of third-party products or services. Any guarantees or assurances related to these third-party products or services should be pursued directly from the respective providers.
Opaninsights does not encompass the enhancement of third-party products or services within the project's predefined scope. Any improvements or updates required for these third-party products or services will be treated as distinct assignments and might result in adjustments to the project's timeline and expenses, as determined by Opaninsights.
Re-work, Enhancements/Add-ons and Billing
The incorporation of extra features or alterations to the project's initial scope will be assessed via a Change Management process, which may entail supplementary charges. If changes to the project scope occur after the wireframe sign-off stage, they could result in added expenses and potential timeline shifts. These modifications will be deliberated upon and require mutual consent from both parties before implementation.
While we aim to incorporate most changes within the website's budget, specific modifications may be considered enhancements or add-ons to the system, possibly incurring additional fees. Advance notification will be provided if any of these items necessitate extra work and involve supplementary expenses.
If the client requests revisions, alterations, or modifications after approval and/or after advancing to the next stages of the project process, such requests will be regarded as additional work and may result in additional charges. We will discuss and reach a mutual agreement on these changes before implementing them.
The client is obligated to make payments to Opaninsights in their entirety, without any deductions, discounts, or debt settlements, by the agreed-upon due dates.
Limitations of Liability
Opaninsights commits to making reasonable efforts to deliver the Service with skill and care. However, we explicitly disclaim all warranties, whether express or implied, related to the availability, quality, accuracy, timeliness, completeness, performance, or suitability of the Service.
Opaninsights hereby releases itself, along with its employees and agents, from any liability for losses or damages that may arise from inaccuracies, omissions, delays, or errors in the production of the website, regardless of whether they are the result of negligence or other factors. Additionally, we disclaim any responsibility for the loss or damage of client-provided artwork, photos, data, or content intended for the site, irrespective of whether such loss or damage occurs due to negligence or other factors.
Except in cases of death or personal injury resulting from our negligent acts or omissions, we shall not be liable for any damages, whether arising in contract, tort, or any other legal theory, connected to losses or damages arising from this Agreement or the operation of the Service. We will not assume responsibility for any direct, indirect, or consequential damages in contract or tort, including but not limited to loss of profit, loss or damage to property, or claims made by third parties.
Opaninsights cannot offer assurances for the services provided by third-party organizations, and we shall not be held responsible for any service failures attributable to third parties.
Approvals and Delivery
The project will be divided into multiple stages, and work on the next stage will commence only after receiving approval and the corresponding payments for the previous stage, as specified in our agreement.
Upon completion of the service, including website design and/or development, the website will be initially uploaded to the Customer area on Opaninsights's server for the Client's review and approval. After the Client's endorsement, the website will be transferred to the destination server for hosting. It's important to note that Opaninsights retains the right to delay the website upload until full payment has been received.
Upon the successful completion of the project and obtaining all required approvals, all code and materials generated will be handed over to the client. The ownership of the code will be formally transferred to the client once the final payments have been settled.
Opaninsights reserves the right to utilize the completed work and/or the final deployed product or website as references for potential clients. However, if the client wishes to limit such publication, they must communicate this to Opaninsights in advance and obtain the required approvals for these restrictions.
Timescale
Opaninsights will make every effort to complete all services within the agreed-upon timeframe. The timeline will officially start upon the receipt of both the agreed deposit and all website content from the Customer.
In situations where circumstances beyond its control require it, Opaninsights may find it necessary to extend project timescales.
Miscellaneous
Opaninsights is not responsible for any losses or damages resulting from your use of our services. You have the option to stop using or accessing our website and services if you find them unsatisfactory. These terms and conditions are governed by state laws and constitute an agreement between you and Opaninsights. By accepting these terms, you agree that any legal action arising from the Terms of Use will be handled in the appropriate court. We reserve the right to revoke any granted rights by these Terms of Use, and you must comply with any termination notice by discontinuing the use of our website. We are not obligated to review any information, content, messages, or communication materials transmitted to or through the website by users, and we disclaim any responsibility or liability related to such messages, information, or content.
Changes to Terms of Use
We reserve the right to add, modify, amend, or remove any part or all of these Terms at any time, with or without prior notice to you. We advise you to routinely review these Terms for any updates. Your continued usage of our website or services signifies your acceptance of the revised Terms.
How To Contact Us
If you have any queries or feedback for our Website or Services, you can email us at: support@opaninsights.com.