These Terms of Service (“Terms”) form a binding contract between Ops Automators LLC, a Florida limited liability company with its principal place of business in Orlando, FL (“Ops Automators,” “we,” “our”), and the individual or entity (“Client,” “you”) accessing this website or engaging Ops Automators for services. By using opsautomators.com or placing an order with us, you agree to these Terms.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not have such authority, you may not use the services.
1. Scope of services
Ops Automators provides business process automation consulting, custom integration development, software implementation, group training, and related professional services (the “Services”). The specific Services we will perform for you are described in a written statement of work or order confirmation (each, a “SOW”) signed or otherwise accepted by both parties. In the event of a conflict between these Terms and a SOW, the SOW controls for that engagement only.
Information on this website (including descriptions in the automation catalogue, blog, pricing, and industry use-case pages) is provided for general informational purposes and does not itself constitute a SOW or offer.
2. Engagements and changes
All Services are scoped, quoted, and delivered against a written SOW agreed in advance. Once signed, the SOW defines fixed deliverables, timelines, assumptions, and price. Work that falls outside the SOW will be quoted as a change order; we are not obligated to absorb out-of-scope requests.
You agree to provide reasonable cooperation, access to systems and stakeholders, and timely review of deliverables. Delays caused by your team may shift the timeline correspondingly without penalty to Ops Automators.
3. Fees, deposits, and payment
Fixed-fee projects. Pricing is set in the SOW. A non-refundable deposit of 25% of the total fee is due at kickoff to reserve a build slot. The remainder is invoiced at go-live or in equal installments at agreed milestones for projects longer than four weeks.
Monthly retainers.Retainers run on a 6-month minimum engagement billed monthly in advance, then continue month-to-month thereafter. After the minimum term, either party may terminate the retainer with 30 days’ written notice. Unused retainer hours roll forward one month and expire if not used within the following month.
Time-and-materials. Where work falls outside a fixed scope or is performed under a retainer over-cap, work is billed at $150/hour in 15-minute increments.
Late payment.Invoices are due on receipt unless otherwise stated in the SOW. Unpaid balances over 30 days accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. We may suspend Services for past-due accounts upon 10 days’ written notice.
Software licenses, hosting, and third-party costs. You are responsible for paying your own vendors directly (Salesforce, Stripe, n8n cloud, etc.). Our fees do not include third-party software subscriptions, transaction fees, hosting charges, or pass-through expenses unless explicitly included in a SOW.
4. Refunds and cancellation
Cancellation and refund terms are described in our Refund Policy, which is incorporated into these Terms by reference. In summary: deposits are fully refundable before work begins. Once development starts, the deposit covers hours worked at our standard rate; any unused portion is non-refundable.
5. Intellectual property
What you own. Upon full payment of all fees due under a SOW, Ops Automators assigns to you all right, title, and interest in the deliverables produced specifically for your engagement, including source code, custom workflows, scripts, configuration files, and documentation (“Deliverables”). You may use, modify, extend, and distribute these Deliverables without any ongoing royalty or license fee to Ops Automators.
What we retain. Ops Automators retains ownership of our pre-existing tools, templates, libraries, frameworks, know-how, and any general-purpose components developed independently of your engagement (“Ops Automators IP”). To the extent Ops Automators IP is incorporated into your Deliverables, we grant you a perpetual, worldwide, royalty-free, non-exclusive license to use it as part of those Deliverables.
Aggregated learnings. We may use anonymized, non-identifying patterns and learnings from your engagement to improve our services. We will not disclose your name, identify you as a client, or share your specific data without your written consent.
6. Confidentiality
Each party agrees to keep the other’s confidential information confidential, use it only for purposes of the engagement, and protect it with at least the same level of care used for its own confidential information (but in no case less than reasonable care). Confidential information does not include information that is publicly known, independently developed, or rightfully received from a third party. Confidentiality obligations survive termination for three (3) years, except for trade secrets which remain confidential indefinitely.
7. Warranties and disclaimers
Our warranty. We warrant that Services will be performed in a professional and workmanlike manner consistent with industry standards. For fixed-fee projects, we will tune Deliverables for the 30 days following go-live at no additional charge.
Disclaimer. EXCEPT AS EXPRESSLY STATED ABOVE, SERVICES AND DELIVERABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, OPS AUTOMATORS DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION. We do not warrant that third-party platforms (e.g., Salesforce, Stripe, n8n) will be available, error-free, or compatible with our Deliverables over time.
8. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OPS AUTOMATORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE FEES ACTUALLY PAID BY YOU TO OPS AUTOMATORS DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION APPLIES IN AGGREGATE TO ALL CLAIMS, REGARDLESS OF THEORY (CONTRACT, TORT, OR OTHERWISE).
9. Indemnification
You agree to defend, indemnify, and hold harmless Ops Automators from claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of: (a) your use of Deliverables in violation of these Terms or applicable law; (b) data, materials, or instructions you provide to us that infringe third-party rights; or (c) your breach of these Terms or any applicable law.
10. Term and termination
These Terms remain in effect for so long as you use the Services or have an active SOW with us. Either party may terminate a SOW or these Terms for material breach if the breach is not cured within 15 days after written notice. Sections that by their nature should survive termination (including IP, confidentiality, payment, warranties, liability, indemnification, and dispute resolution) survive.
11. Governing law and dispute resolution
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles.
Binding arbitration.Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved by good-faith negotiation within 30 days shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The seat of arbitration shall be Orlando, Florida. Arbitration shall be conducted by a single arbitrator. The arbitrator’s award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
Jury and class action waiver. Each party waives any right to a jury trial. Each party agrees that disputes will be resolved on an individual basis and waives the right to participate in any class, collective, or representative proceeding.
Equitable relief. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information pending arbitration.
12. Force majeure
Neither party is liable for any delay or failure to perform (other than payment obligations) caused by circumstances beyond its reasonable control, including acts of God, war, terrorism, pandemics, government action, internet or telecommunications outages, or third-party platform failures. The affected party will resume performance as soon as reasonably practicable.
13. Assignment and subcontracting
You may not assign these Terms or any SOW without our prior written consent. Ops Automators may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets. We may engage subcontractors to perform Services and remain responsible for their work product.
14. Notices
Notices to Ops Automators must be sent in writing to info@opsautomators.com. Notices to you may be sent to the email address on file with us. Notices are deemed delivered upon confirmation of receipt by the recipient party.
15. Modifications
We may update these Terms from time to time. Material changes will be posted on this page with an updated “Last updated” date. Continued use of the Services after such changes constitutes acceptance. If a change materially reduces your rights, we will provide reasonable advance notice via email or on this site.
16. Entire agreement
These Terms, together with any signed SOW, the Privacy Policy, and the Refund Policy, constitute the entire agreement between you and Ops Automators regarding the Services and supersede all prior agreements and understandings. If any provision is held unenforceable, the remaining provisions remain in full force and effect.
17. Contact
Questions about these Terms? Email info@opsautomators.com.
Ops Automators LLC · Orlando, FL · United States