Terms and Conditions
Websites & Maintenance
Below is a list of terms and conditions attached to our web design, web development and hosting services. Opus Creative has the right to monitor the Website, and in its sole discretion to remove any content that Opus Creative finds objectionable for any reason, without prior notice to Owner. This includes but is not limited to: Pornography, Spamming, Phishing Scams, Illegal business practices, any material infringing on National or International Copyright.
Website Owner is solely responsible for any liability arising out of or related to the Web Site. Owner agrees to indemnify and hold Opus Creative harmless from and against any and all liabilities, losses, damages, costs, and expenses, including reasonable attorney fees and experts’ fees, associated with any claim or action brought against Opus Creative related to or arising out of the Web Site or Owner’s breach of its warranties under this Agreement.
Opus Creative owns and retains full rights to any code/programs or software developed by Opus Creative.
Opus Creative assumes that all content provided by the Opus Creative client for use in a new website design and build (including text, images and all other assets provided by the client) is original and does not infringe on existing copyrights.
Any software used in website product or service released under the General Public License (GPL) is governed by such.
Opus Creative reserves the right to modify and/or change these terms and conditions at any time.
Confidential Information means all confidential and proprietary information of a party disclosed either before of after the effective date of this Agreement and marked as such (if such information is capable of being so marked) regarding such party’s products and business that are disclosed by such party (the “Disclosing Party”) to the other party (the “Non-Disclosing Party”) under this Agreement including, but not limited to, the Disclosing Party’s intellectual property. Confidential Information also includes (a) the unpublished prices and other terms of service, audit and security reports, data center designs and other proprietary technology and (b) all information transmitted to or from, stored on or otherwise processed by the servers or other devices used in the provision of the Services. Confidential Information does not include information: (i) in the public domain at the time of delivery, (ii) subsequently published or otherwise made part of the public domain through no fault of the Non-Disclosing Party or its representatives, (iii) in the Non-Disclosing Party’s possession at the time of disclosure and not acquired by the Non-Disclosing party directly or indirectly from Disclosing Party or its representatives on a confidential basis, (iv) which becomes available to the Non-Disclosing Party on a non-confidential basis from a source not under an obligation of confidentiality to the Disclosing Party, or (v) information that is independently developed without reference to the Confidential Information, as evidenced by written records maintained in the ordinary course of business.
1. Your Obligations
You the client are solely responsible for the content you post on your website. You agree to fully comply with all of the obligations and restrictions set forth in the Terms & Conditions. You agree to comply with all of the terms and conditions of this Agreement, make all payments of Fees when due and comply with any and all laws applicable to your use of the Services. You shall cooperate with Opus Creative investigation of service outages, security issues or any suspected breach of the terms and conditions of this Agreement.
2. Subscription Renewals
Please take note that all subscriptions for Opus Creative services and products (including WordPress Hosting) will be automatically renewed at the appropriate time each month. This is based on the date you signed up, and is reflected in your statements accessible by contacting us.
If you wish to cancel your subscription, then please get in contact with a member of our staff and cancel your subscription.
No refunds whatsoever will be given in this regard.
3. Browser Compatibility
Our designs support all modern web browsers including (but not limited to) Firefox, Safari, Chrome (all on PC & Mac) & Internet Explorer 8 & 9. Whilst we strive to give every design a seamless & near-identical experience across each of these browsers, it is impossible to compensate for the lack of web standards support (relating to HTML & CSS) in some of these browsers.
Thankfully we do not support IE 6 and 7.
After we have successfully received your payment, your Opus Creative Subscription or Individual Theme information will be emailed to the email address you provided. This may take up to 1 hour but usually happens within minutes. If you do not receive an email after this time period please email us at firstname.lastname@example.org
Upon logging in with the provided credentials, you will have access to Opus Creative customer support.
5. Billing Details
Transactions on your account should appear with the description: “Opus Creative”. The registered processing entity is: Opus Creative, Unit 4, Deanrock Business and Technology Park, Cork, Ireland.
6. Refund Policy
Opus Creative maintains a policy of No refunds. Due to the month-to-month, cancel anytime nature of this agreement, Opus Creative shall not be compelled to issue a refund, pro-rated or otherwise for any reason. Opus Creative reserves the right to issue a refund on a case-by-case basis at Opus Creative sole discretion.
7. Suspension of Service
You acknowledge and agree that Opus Creative may suspend providing the Services to you, in whole or in part, without liability if (i) you fail to pay the Fees due for a period of thirty days after the date of the invoice, (ii) you are in violation of the Acceptable Use Policy, (iii) you fail to reasonably cooperate with Opus Creative investigation of any suspected breaches of this Agreement, (iv) Opus Creative reasonably believes that servers (as part of any service or product offered by Opus Creative) have been accessed or manipulated by a third party without your or Opus Creative consent, (v) Opus Creative reasonably believes that suspension of the Services is necessary to protect the Opus Creative environment generally, or (vi) Opus Creative is obligated to suspend Services via subpoena, court order or otherwise as required by law. In the event of any suspension of Service pursuant to subsections (i), (ii) or (iii), you shall pay Opus Creatives full payment of the balance due on the account, including late payment interest, if any.
IN THE EVENT Opus Creative TAKES ANY ACTION PURSUANT TO THIS SECTION, IT SHALL HAVE NO LIABILITY TO YOU OR ANYONE CLAIMING BY OR THROUGH YOU. Nothing herein shall preclude Opus Creative from pursuing other remedies available by statute or otherwise permitted by law.
You may cancel service at anytime by following our published cancellation procedure. Your service will cancel/terminate within 5 days after following this procedure. This will allow you some time to export your files before the site is removed from our system.
Opus Creative may from time to time conduct routine tests, maintenance, upgrade or repair on any part of the network, and Opus Creative shall use commercially reasonable efforts to give you prior notice thereof. You acknowledge that there may be instances where it is not practicable for Opus Creative to give advance notice of a disruption, for example, in the event of an emergency, and Opus Creative shall be entitled to disrupt the Services to conduct restoration and remedial works without prior notice.
10. Price Changes
Opus Creative reserves the right at any time to modify or discontinue (temporarily or permanently) a subscription (or any part thereof) with or without notice. Prices of all services and products, including but not limited to monthly subscription plan fees, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Opus Creative website.