Terms & Conditions
We do not require a signed agreement: your use of any services or resources provided by us, including this website, denote your complete agreement with and acceptance of these terms and conditions.
OP Consulting is a Canadian based company trading globally. Our service and these terms and conditions shall be governed by and construed in accordance with the laws of Canada and the parties hereby submit to the exclusive jurisdiction of the Canadian courts.
Regardless of currency, all invoices and payable charges for our service originate from Canada and, as such, we are a Canadian based company trading in Canada for tax purposes.
1.1 “Client” means the individual or organisation that buys or agrees to buy the Services from the Supplier.
1.2 “Contract” means the contract between the Supplier and the Client for the provision of Services incorporating these Terms and Conditions.
1.3 “Services” means the services that the Client agrees to buy from the Supplier.
1.4 “Supplier” means OP Consulting of 35 Balmuto Street, Toronto, Ontario M4Y 0A3.
1.5 “Terms and Conditions” means the terms and conditions for the provision of Services set out in this agreement and any special terms and conditions agreed in writing by the Supplier.
1.6 “Website” means opconsulting.co.za and any subdomains of this.
2.1 Nothing in these Terms and Conditions shall affect the Client’s statutory rights when buying as a consumer.
2.2 These Terms and Conditions shall apply to all contracts for the provision of Services by the Supplier to the Client and shall prevail over any other documentation or communication from the Client.
2.3 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.4 Any complaints should be addressed to the Supplier’s address stated in clause 1.4.
3.1 All orders for Services shall be deemed to be an offer by the Client to purchase Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
4. PRICE AND PAYMENT
4.1 The price of the Services shall be customised to the Client’s needs by agreement between the Supplier and the Client.
4.2 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of the relevant Service until payment has been received.
4.3 Where applicable, the Supplier shall be entitled to charge interest daily on overdue invoices from the date when payment becomes due until the date of payment at the current rate prevailing at CIBC bank.
4.4 The Supplier reserves the right to refer unpaid and overdue invoices to an accredited debt collector of the Supplier’s choosing, which may incur additional fees.
4.5 Refunds are available solely at the discretion of the Supplier.
4.6 The named account holder agrees to personally guarantee and underwrite all and any debts owed to OP Consulting in the course of our relationship. By entering into this agreement, you agree that we can recover all and any debts outstanding from you personally in the event that your trading entity, regardless of form, fails to settle the debts directly with OP Consulting.
5. PERFORMANCE AND TERMINATION
5.1 The Supplier shall perform the Services with reasonable skill and care. However, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all.
5.2 The Services shall continue for the duration specified in the Contract unless and until terminated in accordance with clause 5.3.
5.3 Either party may terminate this agreement (as regards some or all of the Services) for any reason by providing written notice.
5.4 Any payments due following cancellation shall remain payable.
5.5 The Supplier may terminate this Agreement (as regards some or all of the Services) or suspend some or all of the Services immediately on written notice if the Client breaches any term of this Agreement, and any payment due remains payable and, if already paid, will be non-refundable.
5.6 The Supplier may terminate this Agreement (as regards some or all of the Services) or suspend some or all of the Services should the Client become financially insolvent.
5.7 The Client may not use the Supplier’s service to arrange or carry on any illegal or immoral activity.
6. LIMITATION OF LIABILITY
6.1 Except as may be mandated by statute where the Client is dealing as a consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Client shall be limited to damages, which shall in no circumstances exceed the total amount agreed under the Contract and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
6.2 To the extent permitted by law, the Supplier shall not be liable to the Client save as expressly provided for in this Agreement and shall have no other obligations, duties or liabilities whatsoever in contract, tort or otherwise to the customer, specifically:
6.2a The Supplier will not be responsible for any damages the Client’s business may suffer.
6.2b The Supplier makes no warranties of any kind, expressed or implied for the services provided.
6.2c The Supplier disclaims any warranty or merchantability or fitness for a particular purpose.
6.2d The Supplier is not responsible for any loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by the Supplier and its employees. The Supplier cannot guarantee that the service will be uninterrupted or error-free, or meet the Client’s requirements.
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.
8. FORCE MAJEURE
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, flood or failure of any communications, telecommunications or computer system, and the Supplier shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
10. CHANGES TO TERMS AND CONDITIONS
The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Client upon making a purchase until the Client’s monthly renewal of the Services occurs.