LAST UPDATED: September 19, 2023

THE CLIENT 
For the purposes of this document “The Client’ refers to the company commissioning the project with Op4G, Inc. [“The Company”]. 

PAYMENTS 

Unless specified otherwise in a Statement of Work, Op4G will invoice for all charges payable hereunder for the Services, expenses, and any other amounts due hereunder. Any sum or charge due under this Agreement will be due and payable within thirty (30) days following receipt of the invoice, therefore.  Any sum which is not paid when due will bear interest until paid at the rate of one and one-half percent (1.5%) per month. Op4G has a right to suspend or terminate the Services if any such amounts are not paid within five (5) days after Op4G notifies Client of any overdue amount. If Op4G is required to take action to collect any amount due, the Client agrees that Client shall pay Op4G all costs Op4G incurs in collecting any amounts hereunder, including, but not limited to, reasonable attorneys’ fees and costs. 

BID EXPIRATION 
The bid for Services is valid for 90 days from the date provided. 

BOOKINGS 

Upon verbal or written confirmation of a project, Op4G will provide written confirmation of final specs and cost. For each project undertaken by Op4G for Client from time to time, a Statement of Work shall be prepared, signed by Op4G and Client.  Each such Statement of Work is intended to be an integral part of this Agreement and shall set forth the nature and scope of the Services for such project, the project Term, Op4G’s compensation for such project, and such other matters as Client and Op4G may mutually agree.   

STUDY SPECIFICATIONS 
Costs, timing, and feasibility estimates are based upon The Client’s specifications and changes to any of these specifications may result in a change in cost, timing, or feasibility.  

Incidence has been estimated based on The Client’s information. If project incidence falls below the estimated percentage stated in this quotation, The Company reserves the right to adjust costs, timing, or feasibility for the Services. 

PROGRAMMING & HOSTING 

Op4G, Inc. will be responsible for programming and hosting of the survey, quota management, providing sample recruitment, and incentive fulfillment unless stated otherwise.  

A final survey will be provided in Microsoft Word prior to the start of programming. Any changes that exceed 25% of the survey after programming has commenced will be subject to an additional charge based on the amount of time required to implement these changes. 

Should final requirements change substantially from those provided in the original quote, including length of interview, screening criteria, quotas, geographies, or other previously undisclosed limiting specifications, Op4G, Inc. reserves the right to adjust costs accordingly. 

SAMPLE ONLY 
Op4G, Inc. will be responsible for providing sample recruitment and incentive fulfillment only unless stated otherwise. Client will be responsible for programming and hosting, implementing redirects and quota(s), quota management, collecting data, returning unique identifiers, and any data analysis. 

TRANSLATIONS 
Cost for the translation of the open-ended questions is an estimate based on an average number of words (10 words per open-end). The actual number of words translated may increase or decrease the cost. 

PRIVACY 
No information regarding respondent personal information may be collected by The Client (“PII”). This includes, but is not limited to respondent’s name, contact information (email, phone, fax, street address, etc.) without written notice and approval from The Company. 

CONFIDENTIALITY 
The parties recognize that in the course of the performance of the Services, each party may have access to the Confidential Information of the other, such Confidential Information is valuable, and each party desires that all such Confidential Information remains confidential.  Each party agrees that during the course of Op4G’s performance of Services and at all times thereafter, each party agrees to use all means such party uses to protect its own Confidential Information to preserve as confidential the Confidential Information of the other party, which shall not be in any event less than reasonable means. 

The parties hereto further agree that, both during the course of OP4G’s performance of Services and at all times thereafter, except as may be required to perform the Services, neither party will use, copy, or make notes of or take excerpts from any Confidential Information of the other party.  In addition, each party shall give, disclose, provide access to, or otherwise make available any Confidential Information of the other party only to the employees or agents of the party receiving such Confidential Information to the extent such employees or agents need such Confidential Information to perform the Services. 

Exceptions. The restrictions set forth in Section 3.1 do not apply to any information which is: (a) already known by the receiving party prior to the commencement of the performance of Services and either (i) without disclosure by the party owning such information, or (ii) or disclosed by the party owning such information and not subject to confidentiality restrictions; (b) enters the public domain without breach of this agreement by the party receiving such information; (c) is acquired from a third party without an obligation of confidentiality to the party disclosing such information; or (d) independently developed by receiving party without use of or reference to the Confidential Information. 

LIMITATION OF LIABILITY 

Op4G’s entire liability for any claim, loss, damage or expense from any cause whatsoever, regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, shall be limited to direct, proven damages in an amount not to exceed, in the aggregate, the total amount of all payments actually made by The Client (excluding late fees and penalties) to Op4G under the statement of work from which the claim, loss, damage, or expense arises. 

Under no circumstances shall Op4G be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages or losses, of any party (including third parties), relating to or arising out of this agreement, any statement of work or any obligation resulting therefrom (including without limitation damages relating to lost profits, income, or savings), whether in an action for or arising out of any cause whatsoever, regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise. 

Neither party shall be deemed to be in default of or to have breached any provision of this agreement as a result of any delay, failure in performance, or interruption of service resulting directly or indirectly from acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies,  acts or orders of any government agency or official thereof, other catastrophes, or any other circumstances beyond such party’s reasonable control. 

GENERAL TERMS & CONDITIONS 
With confirmation of Services, The Client agrees to our general terms and conditions on our website.