Hey! Congratulations on being the sort of person who reads Terms of Service. We applaud you. Below, on the left, you'll see the Terms to which you must agree if you're going to use any of OPK Solutions' services. That's the stuff that really counts. On the right, you'll see how I'd explain it to my grandmother if she asked. I hope it helps make sense of this document, so that you can understand what you're consenting to. Thanks for joining OPK Solutions' community!
Simplified Please read this stuff or you won't know the rules under which we will engage with you.
Simplified Now we're defining stuff. Most of this doesn't need a translation.
b. "Site" and "sites" means this website, all related web pages, and all related websites operated by affiliates or divisions of OPK Solutions, but does not include any third party websites which are linked to or may link from this website whether or not such third party websites are used in connection with the Services.
Simplified We are talking about OPK Solutions, not third parties.
c. "Service" and "Services" refer to the online press kits, invoicing services and other small business–related services and Support offered through OPK Solutions from time to time.
d. "Buyer" refers to the party or parties responsible for making payment for services rendered.
e. "OPK Solutions", "service provider," "we", "us" shall refer to OPK Solutions and all its affiliates and subsidiaries, including all associated domains, sub-domains, websites, blogs, SMS, email notifications, widgets, ads, commerce services and social media sites. By visiting or using any Sites owned by OPK Solutions, including the domain and , you are agreeing to be bound by these Terms. You are also agreeing that such agreement constitutes a binding contract between you and the domain use of OPK Solutions.
OPK SOLUTIONS TERMS OF SERVICE
Simplified We appreciate you using our service but we expect you to respect our rights of intellectual property.
You agree that any notices, disclosures, agreements and other communications that we may deliver or communicate to you from time to time comply with the terms of any applicable electronic documents legislation, including the requirement that such documents be in writing, are capable of being retrieved, reviewed, printed and stored for further use by you.
Simplified You are welcome to print a copy of this document if you wish to keep it.
OPK Solutions may, without notice or liability, add, discontinue or revise any aspect, mode or design of the Services which include, but not limited to, the scope of service, time of service, or to the software/hardware required for access to the Services. OPK Solutions may also limit the geographic locations or jurisdictions where certain Services may be available.
Simplified Sometimes things change, even OPK Solutions.
Without prejudice to the foregoing, should there be a failure of or error, omission, defect, deficiency, delay causing downtime, or inability of to access the Services for any length of time, including as a result of the permanent termination of service, the buyer acknowledges and agrees that, except as otherwise set out herein, its only remedy for any error, omission, defect, deficiency, delay or other failure of OPK Solutions Services whatsoever is to discontinue using the Services and to forfeit any payments for such services.
Simplified Things happen! We will do our best to provide great service and keep things up and running smoothly.
The buyer and the users associated with the buyer shall be responsible for maintaining the confidentiality of the password, and the buyer will be responsible for all activities performed under their passwords, as well as unauthorized use. OPK Solutions will assign each buyer a unique password to access their site and will not be responsible for the misuse or unauthorized use of the password by the buyer's associates, affiliates and other business related entities with access to the service.
Simplified We respect your assets and your proprietary information and create music promotional services as a service to you. Your password is confidential and should be treated as such.
Buyer assume sole responsibility for and shall ensure that any information, data, documents or materials used, disclosed, or shared using the OPK Solutions or in connection with the Services is accurate, reliable and complete and that you have obtained all required consents/licensing, and comply with all applicable legislation, including without limitation privacy legislation, in connection with any use and disclosure of information relating to the use of PK Solutions Services. OPK Solutions accepts no responsibility for the misuse of any information, data, documents or materials shared from the Services except as otherwise set out herein. The input, posting or uploading of any information and the storage of any information, data, documents or materials on the Service by us does not constitute our endorsement nor warranty as to the compliance of such information or materials with applicable legislation, nor to the accuracy, timeliness, materiality, completeness, or reliability of such information or materials.
Simplified This is web-base website builder application that creates an online websites, press kits, and other various promotional assets for you to share with industry professionals. OPK Solutions can not be responsible for how this information is shared, who receives the information and how that information is used once it has been distributed by the buyer. However, we will do our best to ensure your assets are protected and will intervene if necessary.
CONDITION OF USAGE
You agree to use this Service for the purposes it is intended for and only in accordance with the terms of this agreement.
Simplified Don't use OPK Solutions for what it's not intended for.
Furthermore, you are entirely responsible for any activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. You agree to hold harmless and release the OPK Solutions Parties from any loss or liability whatsoever that you may incur as a result of someone other than you using your password or account, either with or without your knowledge. You agree to indemnify the OPK Solutions Parties for any damages, third party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not you were directly or personally responsible.
Simplified You're responsible for what happens to your account.
Payments are required either in full 100% or half (50%) down due prior to the start of service or upon approval of Service Provider’s quote to the Buyer.
If a remaining balance exists, the remaining balance (50%) is due by the Buyer upon completion of services rendered by the Service Provider. No finished service will be distributed until the Buyer’s entire payment is received in full.
If final remaining balance is not received within five (5) business days of invoice completion date, Buyer understands and agrees that Service Provider may charge an additional 1.5% late payment fee upon the sixth (6th) business day and will charge an additional 1.5% late payment fee per month thereafter.
After the second month the Buyer will not be able to order any additional services and any associated services will be disabled until payment of the entire balance due. If the Buyer’s services become disabled for non-payment, a $25.00 re-activation fee will be added to the Buyer’s account, but the service will not be re-activated until the entire remaining balance is paid in full.
Buyer understands and agrees to all applicable fees acquired because of wire transfers and online processing fees, either domestic or foreign. Wire transfer fees will vary depending on the financial entity and additional fees may incur as result of the exchange and/or transfer of funds between foreign financial institutions. Online payment processing requires a fee of 2.9% of the total sale plus $0.30.
Service Provider will only accept payments as per our payment requirements, which include wire transfers and online payment processing. Personal checks, money orders and certified checks are not accepted. OPK Solutions uses PayPal as our preferred online invoicing payment system and does not accept other forms of online payments. All forms of debit and credit payments are accepted.
You can pay 50% or 100% up front.
The remaining balance, if any, is due once work is complete
If you do not pay remaining balance within 5 days of completion we add 1.5% to the invoice on the 6th day.
Every 30 days the invoice is not paid we add an additional 1.5%.
After 60 days of non-payment the buyer will be required to pay $25.00 to reactivate service.
Buyer agrees to all the fees associated with payment.
We only accept credit or debit cards through our online payment system.
A FULL refund of the Buyer’s payment for services will ONLY be issued if the service is cancelled within three (3) business days of the Buyer’s initial payment or down payment. In such event, Service Provider shall provide Buyer a refund for the total purchase or the amount of the initial down payment.
Any cancellation of services requested after the third (3rd) business day of Buyer’s initial payment will receive a 50% refund of the total service contract if paid in full initially. If Buyer has made a 50% down payment and cancellation is made after the third (3rd) business day, Buyer understands and agrees to forfeit the down payment to cover cost of service rendered.
Buyer must notify OPK Solutions of any cancellation of services after the start date to avoid further charges and associated fee. Any fees incurred after the sixth (6th) business day of the completion of services are the responsibility of the buyer.
Any cancellation of services after completion is considered a final sale and no refunds will be granted.
You can get a refund of the amount you paid up to 3 days after you make an initial payment.
Cancellations after the 3rd day will receive a 50% refund of the total service contract. Down payments are not refunded.
If you want to cancel services after the start date, you should probably contact us to avoid additional fees after we complete your service.
You can't get a refund of any of the money paid in full after the service is complete.
Credit Card Payments
OPK Solutions uses a third party invoice payment processing service via PayPal. Invoices will be emailed to the Buyer where payments can be made directly to OPK Solutions with all major credit cards and debit cards. OPK Solutions does not have access to your credit card information; and, does not accept credit card information over the phone or via other forms of communication such as email or text messaging. Each Buyer is responsible for providing financial information to PayPal to pay for services; and, the responsibility of protecting the sensitivity of credit card or debit card account information.
PayPal is responsible for the security of Cardholder Data that is collected, transmitted, stored, or processed on Your behalf. “Cardholder Data” is defined as being the cardholder’s primary account number, and where a full unmasked card number is present, any of the cardholder name, expiration date, and/or service code. PayPal has developed strict security features to protect Cardholder Data, and as such it is required that this data only be used in anticipated ways and stored in appropriate places. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PROHIBITED FROM ENTERING CARDHOLDER DATA INTO ANY FORM OR DATA ENTRY FIELDS IN THE PAYPAL APPS, EXCEPT INTO THOSE FIELDS INTENDED SOLELY FOR THAT PURPOSE (i.e. where PayPal explicitly requests such data be entered into such fields). Appropriate fields are clearly marked with labels such as ‘Card number’ or by having a credit card icon precede them. For clarity, it is not permissible to store cardholder data in fields with labels such as ‘memo’ or ‘note’. Similarly, excluding payment forms, you must never enter CVV2 data into any fields in the PayPal Apps. You assume all responsibility for any cardholder data entered into the PayPal Apps in violation of this Agreement.
The credit card information supplied is true, correct and complete.
Charges incurred by the Buyer will be honored by the Buyer's credit card Service Provider.
Buyer will indemnify Service Provider for any credit card charge-back filed by or on behalf of the Buyer.
Buyer understands that in the event a credit card charge-back is filed, Buyers account will be placed with a third party collection agency.
Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes, collection fees, interest and any additional fee incurred by the Service Provider in the attempt to collect upon Buyer’s debt.
Simplified We use a third party online proprietary software for processing our payments with you. That company is PayPal. PayPal is responsible for all of your credit card information and follows a strict set of credit card guidelines known as the Payment Card Industry Data Security Standard (PCI-DSS). To help us follow these rules and to protect your data, we need you to use the apps as they were intended. You agree not to enter your cardholder data in any form where such data isn’t explicitly requested by PayPal. We are not responsible for people doing unexpected things with their data.
Also, you are responsible for:
all information to be true and accurate.
charges incurred by your credit card.
third party collections.
any other applicable fees incurred that we may incur while collecting a debt from you.
COPYRIGHTS, TRADEMARKS AND INTELLECTUAL PROPERTY
Editing, Deleting, and Modification
Some of our services require management and as a result OPK Solutions maintains the only authority login to the management software to edit, delete and modify content at Buyer’s request. Buyer will not be provided any access to Service Provider’s content management system. Service Provider reserves the right in its sole discretion to edit, delete or modify any information or content appearing on the Sites.
The OPK Solutions content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Sites are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Sites is prohibited. The copying, redistribution, use or publication by a Buyer of any such content or any part of OPK Solutions’ client’s, affiliate’s, their assigns’, licensees’, and legal representative’s respective logos, trademarks, digital imagery, and other proprietary (including but not limited to intellectual property) rights is strictly prohibited.
Additionally, the Buyer reserves the right to their intellectual property provided to OPK Solutions and the content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Buyer's intellectual property are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer's third party sharing of any such content or any part of the Sites is prohibited unless authorized by consent of the prospective owners of the content provided to OPK Solutions.
Simplified We are the only one who has access to our content management system. You maintain the right to the intellectual property you provide us, but we reserve the rights to everything else and our respective affiliates or partnerships reserve the rights to their property as well.
Also, you are responsible for who you share your intellectual property with and we prohibit others from taking your stuff.
Notwithstanding the above, we may, subject to the following conditions, use individual screen displays (screen shots) which we generate to display as a service to potential Buyers. Our use of screen shots is subject to the following:
the use is for illustrative purposes;
the screen shot does not contain any third party content; and
Simplified Because we like our work, we like to show it off on our sites.
You may not use OPK Solutions and the Services in a manner which could block access to, impair, damage or otherwise disable OPK Solutions or any of our servers. You may not attempt to gain unauthorized access to OPK Solutions or to any other user's accounts, computer systems or networks through password miming, keystroke logging, hacking or any other means. You will not provide any digital materials or content files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files or any other material or software that may damage the operation of another computer. Any and all materials uploaded are subject to applicable laws.
Simplified Don't try to break our system, or try to get in and cause damage. Not cool!
RELEASE OF LIABILITY
THE BUYERS AND THE USERS HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE OPK SOLUTIONS FROM ANY AND ALL MANNER OF RIGHTS, LOSSES, COSTS, CLAIMS, COMPLAINTS, DEMANDS, DEBTS, DAMAGES, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY LOST PROFIT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (COLLECTIVELY, A "CLAIM") WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH (I) THIS AGREEMENT; (II) THE USE OF OPK SOLUTIONS AND ITS SERVICES AND ANY RELATED APPLICATIONS INCLUDING WAVE ACCOUNTING, INC. AND THIRD PARTY SERVICES; (III) THE USE OF ANY SOFTWARE RELATED TO OPK SOLUTIONS; (IV) VIRUSES, SPYWARE, SERVICE PROVIDER FAILURES OR INTERNET ACCESS INTERRUPTIONS; (V) LOSS OF USE, LOSS OF DATA, ERROR, INACCURACY OF DATA, PAYMENT FAILURE, PAYMENT DEFECT, INACCURATE CALCULATIONS (EXCEPT AS OTHERWISE SET OUT HEREIN), DOWNTIME, IDENTITY THEFT, FRAUD OR UNAUTHORIZED ACCESS; OR (VI) ANY INFORMATION, DOCUMENT, MATERIALS, TOOLS, UTILITIES, PRODUCT OR DATA THAT RELATING TO THE USE OF OPK SOLUTIONS AND THE SERVICES; WHETHER SUCH CLAIM IS BASED IN CONTRACT OR TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, OR SUCH CLAIM WAS REASONABLY FORESEEABLE AND NOTWITHSTANDING THE SUFFICIENCY OR INSUFFICIENCY OF ANY REMEDY PROVIDED FOR HEREIN OR IN ANY LICENSE.
Simplified Essentially, you agree that the only parts where OPK Solutions accepts liability are those places below where we explicitly say so.
FOR GREATER CERTAINTY, IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Simplified Big capital letters saying that OPK Solutions' liability is limited to the areas we explicitly say so.
USE OF INFORMATION
Service Provider reserves the right, and Buyer authorizes Service Provider, to the use and assignment of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable law.
This Contract shall be treated as though it were executed and performed in the County of Manatee, Florida and shall be governed by and construed in accordance with the laws of the United States of America and of the State of Florida (without regard to conflict of law principles). Any cause of action subject to Federal Jurisdiction will be brought before the United States District Court, located in Florida. Any cause of action of Buyer with respect to the Site or services provided by Service Provider must be instituted within six (6) months after purchase or be forever waived and barred. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Contract shall be brought solely in Manatee County, Florida, Buyer expressly submits to the jurisdiction of said courts, and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Sites or the Service Provider is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Service Provider to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Simplified This explains that the contract is being agreed to between OPK Solutions and you as if it were done in Manatee County, Florida and that all jurisdiction for legal stuff will be conducted in the courts there.
Additionally, the contract between you and OPK Solutions will be the final say.
OPK SOLUTIONS DISCLOSURES
THE SERVICE, CONTENT, AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF SERVICE PROVIDER, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE BUYER FOR THE PARTICULAR ITEM(S) PURCHASED. SERVICE PROVIDER AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SERVICE PROVIDER AND BUYER. OPK SOLUTIONS’ SITES AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, HOW CURRENT, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION. ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILES OF THIS SITE ARE DISCLAIMED. ALL TERMS AND CONDITIONS WITH RESPECT TO THIS SITE ARE GOVERNED BY A SERVICE AGREEMENT. THE SITES MAY CONTAIN LINKS TO OTHER INTERNET SITES. SUCH LINKS ARE NOT ENDORSEMENTS OF ANY PRODUCTS OR SERVICES IN SUCH SITES, AND NO INFORMATION IN SUCH SITE HAS BEEN ENDORSED OR APPROVED BY OPK SOLUTIONS.
Simplified This just says that we provide a service as is and if you are granted a settlement by chance, you will only get the full amount of the service you paid for.