Terms of Service
Terms and conditions for using our website and services
Last updated: December 20, 2024
Welcome to MinerOp. These Terms of Service ("Terms") govern your access to and use of the MinerOp website at www.minerop.com (the "Site") and any consulting services provided by MinerOp ("Services"). By accessing or using our Site or Services, you agree to be bound by these Terms.
Please read these Terms carefully before using our Site or Services. If you do not agree with any part of these Terms, you may not access the Site or use our Services.
1. About MinerOp
MinerOp is a technology consulting firm that provides digital solutions and business technology services to small businesses. Our services include website development, business automation, data analytics, and technology consulting. We operate as a business-to-business (B2B) service provider.
2. Use of Our Website
2.1 Eligibility
By using our Site, you represent that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using the Site on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.
2.2 Acceptable Use
You agree to use our Site only for lawful purposes and in a manner that does not:
- Violate any applicable local, state, national, or international law or regulation
- Infringe upon the rights of others, including intellectual property rights
- Transmit any harmful, threatening, abusive, or otherwise objectionable material
- Attempt to gain unauthorized access to our systems or interfere with site operations
- Use automated scripts, bots, or other means to access the Site without permission
- Collect or harvest personal information of other users
2.3 Account and Contact Information
When you submit information through our contact forms or other means, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account.
3. Consulting Services
3.1 Service Agreements
Our consulting services are provided pursuant to separate written agreements (Statements of Work, Service Agreements, or Proposals) that define the specific scope, deliverables, timeline, and pricing for each engagement. These Terms apply in addition to any such agreements; in the event of a conflict, the specific service agreement will control.
3.2 Professional Services
MinerOp provides technology consulting services on a professional basis. We will use reasonable skill and care in delivering our services. However, we cannot guarantee specific business outcomes or results, as success depends on many factors outside our control.
3.3 Client Responsibilities
When engaging our services, you agree to:
- Provide timely and accurate information needed to deliver services
- Designate a point of contact for project communication
- Review and provide feedback on deliverables within agreed timeframes
- Pay for services as specified in the service agreement
- Comply with all applicable laws and regulations in your use of our deliverables
4. Intellectual Property
4.1 Our Intellectual Property
The Site and its original content, features, and functionality (including but not limited to text, graphics, logos, icons, and images) are owned by MinerOp and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of our content without prior written consent.
4.2 Deliverables
Ownership of deliverables created through our consulting services will be specified in the applicable service agreement. Generally, upon full payment, clients receive ownership of custom work product created specifically for their engagement, while MinerOp retains ownership of pre-existing materials, tools, and methodologies.
4.3 Feedback
If you provide us with feedback, suggestions, or ideas regarding our Site or Services, you grant us a non-exclusive, worldwide, royalty-free license to use and incorporate such feedback without obligation to you.
5. Payment Terms
Payment terms for consulting services will be specified in the applicable service agreement. Unless otherwise agreed:
- Invoices are due within 30 days of issuance
- Late payments may incur interest at the rate of 1.5% per month
- We reserve the right to suspend services for overdue accounts
- All fees are non-refundable unless otherwise specified in the service agreement
6. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared during the course of our engagement. This includes business strategies, technical information, client data, and any information marked as confidential. This obligation survives termination of any service agreement.
7. Disclaimers
7.1 Website Disclaimer
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MINEROP MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
7.2 Information Disclaimer
The information on our Site is provided for general informational purposes only and should not be construed as professional advice. While we strive to provide accurate and up-to-date information, we make no representations or warranties about the completeness, accuracy, or reliability of any information on the Site.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MINEROP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICES, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
9. Indemnification
You agree to indemnify, defend, and hold harmless MinerOp and its owners, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your violation of these Terms, your use of the Site or Services, or your violation of any rights of another party.
10. Termination
We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Site will immediately cease. Termination of consulting services will be governed by the applicable service agreement.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions. Any disputes arising out of or related to these Terms or the use of our Site or Services shall be resolved through good faith negotiation. If negotiation fails, disputes shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, with arbitration to take place in Georgia.
12. Third-Party Links
Our Site may contain links to third-party websites or services that are not owned or controlled by MinerOp. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We recommend reviewing the terms and policies of any third-party sites you visit.
13. Changes to Terms
We reserve the right to modify or replace these Terms at any time. We will notify you of any changes by posting the new Terms on this page with an updated "Last updated" date. Your continued use of the Site after any changes constitutes acceptance of the new Terms. We encourage you to review these Terms periodically.
14. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.
15. Entire Agreement
These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and MinerOp regarding the use of the Site and Services. Any prior agreements or understandings, whether written or oral, are superseded by these Terms.
16. Contact Us
If you have any questions about these Terms, please contact us:
Related Documents:
- Privacy Policy —How we handle your personal information