Terms of Use

Last Updated September 25, 2021

01

Introduction

Thank you for choosing Oriplex and we hope you enjoy using our service. These terms of use, together with any documents referred to in it, sets out the terms on which you may make use of our website oriplex.com whether as a guest or a client. Use of our website includes accessing or browsing the site, purchasing our services, and being a regularly paying client by way of our various recurring subscription packages you are granted access to when employing our services.

Please read this document carefully. By using our website, placing an order for our services from our website, and by being a regularly paying client by way of our aforementioned recurring subscription packages, you agree to be bound by these terms. We may update these terms from time to time. Should we update these terms, you will not be bound by any updated information contained within the terms, until agreeing to the entirety of the terms again.

02

Interpretations & Definitions

In these terms, “we” means the Oriplex collective (and “us” and “our” will be construed accordingly); and “you” means a visitor to our website or a customer of our services and products (and “your” will be construed accordingly).

In these terms, “product” and the plural form refer to the primary digital goods we as a collective provide, websites. The term “order” will be used to refer to a product in the process of completion.

In these terms, “services” and similar connotations refer to the labor provided by Oriplex to create for you our product and the labor provided to maintain and optimize it afterwards.

“Clients” are returning visitors of our website who have employed our services and have agreed to these Terms of Use.

From time to time, we may refer to our “recurring subscription packages”, (“care packages” will be construed accordingly) which are our monthly subscription packages with various features available for clients who have employed our services.

03

Accessing our Website

Access to our website is made available free of charge but we may charge you for any services or products that you purchase.

We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our website without notice. We will not be liable to you if for any reason our website is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our website.

You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms of use and that they comply with them.

04

Clients of Oriplex

Certain products and services provided by us are only available to those who have paid to employ our web development and software expertise. Those individuals may be referred to as clients.

Once you make it clear and obvious it is your intention to pay for our products or services in line with the payment structure outlined in Section 07 of these terms you will be considered a client. All clients must read and comply with these terms of use. We strongly recommend reading Sections two, six, seven, eight, nine, and ten

05

Online Conduct & Client Contributions

To communicate with clients, we exchange communications via email or telephone. You are responsible for ensuring you have the ability to exchange communications with us via any of the aforementioned methods, preferably both.

In addition, you are also responsible for the submissions/contributions provided to us for any product we are developing for you. This includes but isn’t limited to images, videos, text, logos, HTML code, and more. You must ensure that any content submitted is in compliance with these terms of use, and that you are the owner or creator of such content or have received permission from the owner or creator to submit it to us.

Your conduct and interaction with our developers and other staff should be guided by common sense, morals and etiquette.

The following guidelines for contributions also apply to suggestions, information and other verbal or written exchanges you have with us or provided to us over email or telephone or any other means of communication with Oriplex developers and staff regarding our services.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in Canada and in any country from which they are sent.

You must not:

  • Contribute content or information, including files and media that infringe any copyright, trademark, patent, trade secret, or other proprietary right of any person
  • Contribute content or information that is harmful, illegal or disrespectful
  • Contribute content or information, including files and images that display, link to or encourage use of pornography, gambling or otherwise illegal or unacceptable practices
  • Use our pages and/or services in a way that can be deemed damaging to our website, yourself or any third party. This may be considered linking to, taking screenshots and video recordings of our webpage, or other clear methods that can be deemed damaging to our site, yourself, or any third party.
  • Take data from our website for your or third party databases or data harvests without our consent
  • Contribute content or information that abuses, harasses, stalks, threatens, defames or otherwise violates the legal rights of others in any form
  • Impersonate others
  • Violate any applicable laws or regulations
06

Employing our Services

In order to enter into a contract to employ our services conventionally, you will need to take the following steps:

  • Select a template that you believe can be re-designed by our developers to fit the design vision of your website, and then request a quote. The ability to request a quote is indicated clearly by a labelled button on the template webpage.
  • Requesting a quote entails contacting us (the avenue of contacting us is arranged by clicking the ‘request a quote’ button) and filling out the prompts requested. Messages for a quote request preferably include a description of your business, vision for your website, modifications you would like to make and if you would like to interchange our provided templates. We require this information to measure a suitable price for our services.
  • To send this information, you must also agree to these terms of use and ensure any information you provided to us has not violated these terms of use.
  • We will then show you initial acknowledgement that your request has been sent and received
  • Once we have checked whether we are able to meet your request, we will either send you confirmation via email or phone (preferred method of contact can also be listed in the message) as well as an estimated fee for our services, and explain next steps (at which point your order will become a binding contract via these terms of use) or we will confirm that we are unable to meet your order.

Before you send your quote request, you will have the opportunity of identifying whether you have made any errors by reviewing your request before you click ‘Submit Inquiry’. You may correct those errors before submitting your request. In any event, you may also correct yourself in further communication with us once we contact you about your quote.

The price you receive as a quote is a rough estimate, the end payment being relative to how much less or extra design requests you request for us to implement. We do our best to ensure accuracy of our prices, and in many cases the price you pay will be the same or very similar to the price we gave you in our initial quote. We price our services based on the current market value of the services we provide and how much modification and work is required to complete your order.

All of our prices are provided in $CAD (Canadian Dollars), unless otherwise indicated. Flat fees / prices for products are liable to change at any time, but changes will not affect contracts which have already come into force.

07

Paying for our Services

Our product range consists of web development and search engine optimization services, which can only be downloaded, viewed and accessed digitally. Oriplex does not sell any physical products.

Oriplex offers websites (our primary Product) through .zip folders containing the necessary files, stylesheets, scripts, etc. to operate your website. Although Oriplex also offers services to set up, maintain and set up hosting of your website on a domain of your choosing, should you not want these services, ensure you have means of uploading, using and accessing your websites in the way you want to. We are not responsible if you decline our offer to set up and maintain your website and then cannot do so yourself to your liking.

Services on our website are paid for via a range of payment options, including e-transfer, direct deposit, and payment gateways such as PayPal. Ensure you are able to pay us via one of the three aforementioned methods when requested in accordance with our payment structure outlined in the next paragraph. If you do not satisfy the legal requirements to order our services or to pay for them, please do not attempt to do so. We are not liable for any repercussions you may receive should you not satisfy legal requirements to pay for our services. Should we find out you do not, we will decline your order.

Our payment structure goes as so:

  • We request one-half (½), or 50%, of the agreed price for the website after you are satisfied with a website mockup your Oriplex web developer that will be in contact with you throughout the process sends. Your developer will ask you your preferred method of payment and arrange to provide you the information required.
  • Upon confirmation we will stay in contact with you during the construction of the site, which may take 1 - 2 weeks depending on time of year, developer availability, etc. You will receive an estimated time to completion from your developer.
  • Once we complete your website (the Order), should you be satisfied with the final product, we will request final payment of the last ½ of the price of the site. Once received, should you decline our care package offer to setup and maintain your site, once you are provided the .zip file with your website, we are not responsible nor liable for any modifications made, or any errors induced as a cause of modification by yourself or any third-party you have granted access to the file we provided you with. Should you accept our offer to set-up hosting and continue to maintain your website (or any combination of the three), and make the payment arrangements (we offer these services in recurring subscription packages), we accept responsibility for the following things:
  • Should you purchase a package that offers hosting set up: We accept responsibility for bringing the site online. You may give us a hosting provider of your choice, but we recommend the hosting provider ‘Hostinger’. Current up-time statistics for websites hosted by ‘Hostinger’, are 99.9% up-time.
  • Additionally, we accept responsibility for the safe and uncorrupted transfer of data from the file we provided to a domain host of your choice, and we also accept responsibility for a working, publicly accessible site as the end result.
  • Should there be complications regarding arrangements you, as a client, were responsible for making, we are not liable for not meeting the “end result” mentioned in the previous bullet point. Arrangements made should be a hosting service you have paid for, and a domain you have paid for, unless you requested the former service from us. We are not responsible for purchasing you a domain.
  • Should you purchase a package that offers regular site maintenance and updating: We will continue to maintain it at your request in line with our subscription package, where you can learn more about here or in Section 09 of these terms.
  • We accept responsibility for any modifications made with an end result not to your liking, and responsibility for modifications resulting in the violation of our terms of use, the hosting provider’s terms of use or your request. Should modifications be made by us resulting in that, the developer (one of our staff who modified the site) shall be suspended and the issue shall be rectified.
  • We are not liable for any modifications made by a third-party that is not endorsed by us or we were not informed about.

Oriplex stores copies of every website we have completed. Should you need the original .zip file of your site as a client, email info@oriplex.com with the subject header: Original .zip file request, proceeded by your name or the name of your business. Should you not want us to store your original .zip file, please email info@oriplex.com with the subject header: Website file & data removal, followed by your name or the name of your business. We will then take the necessary steps to eliminate your website file from our databases.

We currently do not offer payment via credit card or debit card on our website, but look forward to adding the feature in the near future.

When paying for our services at any time, you warrant to us:

  • you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale / terms of use;
  • the information provided in your order is accurate and complete;
  • you will be able to accept delivery of the products;
  • you satisfy the legal age requirement for any product you purchase;
  • when providing payment information (including PIN, Key or account information) that you have the authority to authorize our chosen third party payment processors to process your payment or the authority to authorize your banking service to effect payment to us.
08

Payment Disputes, Refunds & Chargebacks

Payment must be made in line with our payment structure outlined in Section 07 of these terms of use. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds when requested.

Due to our developer policy of striving to create a website perfect for the client, we offer chances to inspect the product, it’s features and functionality before having the client provide payment and delivering the final product. Refunds will not be issued due to your dissatisfaction with the final product after final payment and delivery, or if you cannot manage to set up, maintain or host the site and you declined Oriplex’s offer to do so for you.

In any other event, if you believe you qualify for a refund for reasons other than the aforementioned, please contact Oriplex through email at info@oriplex.com with the subject header: Refund Request - followed by your name or your company’s name.

If you wish to dispute any payment made to us you must contact us immediately and provide full details of your claim. If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of the charge-back:

  • an amount equal to the amount of the charge-back;
  • all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
  • all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees), and;
  • an administration fee of CAD 30

Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back, then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.

For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.

09

Subscription Based Care Packages

As mentioned in these terms & conditions multiple times, and on our website, Oriplex offers ‘care packages’ in two different tiers that include services such as initial hosting set-up (if you bought a website from us), site maintenance, better search engine optimization, security review, content updates (text/images/videos), and more.

These care packages require a monthly payment with a figure determined based on what tier you select. Monthly payments can be made at a mutually agreed upon date (between your Oriplex developer and yourself), or automatically through one of our third party payment processors. Unfortunately, we currently do not offer automatic payment as we don’t employ a third party payment processor.

Paying for a care package will require us to have access to the email you own that is registered to the website hosting provider of your choice, so we can make changes within the hosting service’s panel. If you bought a website from us without ever owning a domain before, we do offer services to set up that email and give over access to you.

If you wish to terminate our care package services, please inform us as soon as possible and we will make all the required arrangements to relinquish our control and access to your site and email linked to your hosting provider and/or domain.

Should you fail to make a regular payment for care package services without informing us, we will contact you within seven (7) days of the scheduled date of payment to inquire about the reasoning of this. We will hold off on taking any action for up to fourteen (14) days of the scheduled date of payment, should you have failed to pay. After fourteen days we will begin the process mentioned in the last paragraph to relinquish our control and access to your site and email linked to your hosting provider and/or domain.

10

Product Ownership Conditions

Ownership of the products will only pass to you upon the digital delivery of the .zip file containing the product. As outlined in Section 07 and 09 of these terms of use, we offer services that continue to grant us access to your site, but regardless, you as the client are then the sole owners of the product, granting us conditional access.

11

Terms Enforcement

If any provision of these terms of use is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portions thereof will be deemed omitted.

Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree to any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

12

Copyright & Trademarks

All content, graphics, text, and other intellectual property and elements incorporated into our website are our property and the property of our partners. This property is protected by international copyright, trademark and other laws.

Our website and its content may not be copied, reproduced, changed, disassembled, decompiled, distributed in any or used in any way (other than as expressly provided by these terms) without our written consent. This may include the use of our website templates, unless paid for.

The commercial re-sale of our website templates or websites as a product provided to you is prohibited.

The Oriplex name and our logo are trademarks which belong to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.

The other registered and unregistered trademarks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

13

Statutory Rights

Nothing in these terms of sale / terms of use affects your statutory rights.

14

About Us

We are based in the province of Ontario, in the country of Canada.

These terms of use serve as a legal contract between Oriplex and you as a visitor of our website and client of our services. For more information regarding this, see Sections 1 and 3 in these terms of use.

We will not file a copy of these terms of use specifically in relation to your order or visit of this website. We may update the version of these terms of use on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you print and retain a copy of these terms of use for your records. The only language in which we provide these terms of use is English.

Oriplex.com may contact you via email to invite you to review our services you received from us in order to collect your feedback and improve the website and our services (the “Purpose”), should you have submitted your contact information to us.

If you require help, you can contact us via email at info@oriplex.com.