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Terms and Conditions

Effective Date: 20/2/2025

Welcome to Opt Digital. These Terms and Conditions govern your access to and use of our website (the “Site”) and services. By accessing or using the Site, you agree to comply with and be bound by these Terms and Conditions. If you do not agree, please do not use our Site or services.

1. Definitions
  • “Company,” “we,” “our,” or “us” refers to Opt Digital, the legally registered business entity operating in the United States and New Zealand.
  • “User,” “you,” or “your” refers to visitors, clients, and any party accessing our Site and services.
  • “Services” refer to digital marketing, website development, SEO, advertising, and related offerings provided by Opt Digital.
2. Acceptance of Terms
By using the Site and our services, you confirm that you are at least 18 years of age and legally capable of entering into binding agreements. If you are using the Site on behalf of an entity, you affirm that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, you must discontinue use of our Site and services immediately.
3. Use of Website and Services
  • Our services are available to businesses and individuals seeking digital marketing, web development, and related solutions.
  • You agree to use the Site and services only for lawful purposes and in accordance with these Terms.
  • You shall not use our services to engage in fraudulent, deceptive, or unlawful activities.
  • We reserve the right to refuse service to anyone at our discretion, particularly in cases of suspected fraud, abuse, or breach of these Terms.
4. 10DLC Compliance
Opt Digital complies with 10DLC (10-Digit Long Code) messaging regulations for SMS communications.
  • By opting in, you agree to receive SMS updates and marketing messages from Opt Digital.
  • Standard message and data rates may apply.
  • You can opt-out at any time by texting STOP. For assistance, text HELP.
  • No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.
  • Our opt-in method follows the guidelines set forth by 10DLC regulations to ensure compliance with mobile carriers and legal requirements.
5. Intellectual Property Rights
  • All content on this Site, including but not limited to text, images, logos, software, and code, is owned by Opt Digital or licensed to us and is protected under copyright, trademark, and intellectual property laws in the United States and New Zealand.
  • Users may not copy, reproduce, distribute, or create derivative works from any content on our Site without prior written consent.
  • Any unauthorized use of intellectual property belonging to Opt Digital may result in legal action.
6. Payment Terms and Refund Policy
  • Pricing for our services will be outlined in individual contracts, invoices, or agreements signed between you and Opt Digital.
  • Payments must be made in full before service commencement unless otherwise agreed in writing.
  • Refunds will only be issued at our discretion and in accordance with service agreements. Due to the nature of digital services, once work has begun or services have been delivered, refunds may not be possible.
  • If you dispute a charge, you must notify us in writing within 14 days of the charge appearing on your account.
  • Late payments may result in service suspension or additional fees.
7. Limitation of Liability
  • Opt Digital provides its services “as is” and does not guarantee specific results.
  • We are not responsible for any indirect, incidental, or consequential damages arising from the use of our Site or services.
  • In no event shall our liability exceed the amount paid by you for services rendered in the three (3) months preceding a claim.
  • Users assume all risks associated with the use of our services, including potential business losses or website downtime.
8. Privacy and Data Protection
  • We collect, store, and process user data in accordance with our Privacy Policy.
  • By using our services, you consent to the collection and use of information as outlined in our Privacy Policy.
  • Personal data will be handled in compliance with data protection laws in the U.S. and New Zealand.
9. Third-Party Links and Services
  • Our Site may contain links to third-party websites or services that are not owned or controlled by Opt Digital.
  • We are not responsible for the content, policies, or practices of any third-party website.
  • If you access a third-party service through our Site, you do so at your own risk and agree that we are not liable for any resulting damages or losses.
10. User Conduct
You agree not to:
  • Engage in fraudulent or deceptive practices.
  • Attempt to hack, damage, or interfere with the Site.
  • Use the Site for any unlawful purpose.
  • Post false or misleading information.
  • Violate intellectual property rights.
  • Misuse our services for spam, unauthorized marketing, or data collection.
Failure to comply with these rules may result in suspension or termination of access to our services.
11. Termination of Access
  • We reserve the right to suspend or terminate your access to our Site and services at any time if we determine that you have violated these Terms.
  • Upon termination, you must cease all use of the Site and any materials obtained from us.
  • If your access is terminated due to a breach of these Terms, refunds will not be provided.
12. Governing Law and Jurisdiction
  • These Terms shall be governed by the laws of New Zealand, as Opt Digital is based in New Zealand and does not have a physical location in the United States.
  • Any disputes shall be resolved in the courts of the jurisdiction where Opt Digital is legally registered.
13. Amendments and Updates
  • We reserve the right to modify or update these Terms at any time. Updates will be posted on this page.
  • Your continued use of our Site after modifications constitute acceptance of the revised Terms.
14. Contact Information
If you have any questions regarding these Terms, please contact us at ben@opt.co.nz..