As an institution, our obligation is to offer exceptional professional service and products. Which includes understanding your needs and to successfully meet your demand. In our quest to provide an O Experience; we have the following in place.
OpulenceConsult may supply you with information or services obtained from certain Third Party Services. These types of service may be governed by other terms and condition different from those set forth herein. By using the services, you agree to, and shall be obligated to comply with all such Additional Terms as well as the terms and conditions hereof.
OpulenceConsult will endeavour to obtain for the client the best service required from such third parties.
SCHEDULED APPOINTMENT TIMES
An appointment may be scheduled on our site, via email or via our concierge. In a situation where a client may want to reschedule the appointment, we will appreciate 12 working hours notice.
OpulenceConsult has the right to include a credit line on any of our service or product. This is a credit account with 30 days in which to ensure we are in receipt of your payment. It will be set up (Subject to approval) with minimum custom after your first order has been concluded. We carefully monitor both the limit and the 30 days from invoice date period of these accounts. The account will be closed and treated as debt if they are not operated within these terms.
A 1-1/2% monthly service charges are payable on all overdue balances. Any questions regarding the invoice should be asked upon receipt. If any billing questions or possible errors are not reported to us within five (5) working days, the invoice is payable as written.
We are obliged to inform you that we have recorded your name and address on our computer for the sole purpose of sending you news about our services and other information. Please let us know if you object to our keeping this information, and we will delete it.
GUARANTEE OF QUALITY
We guarantee that all our products are of the required standard for the purposes of which they were intended.
We request to use your profile or product as samples for advertising purposes. As such you will recommend our services and products to your friends and families to help propel OpulenceConsult brand.
OBLIGATION OF OUR CLIENT
To enable us to service you better we shall require the following from you:
APPROVAL OF ACTIVITY MONITOR
We will submit the result from the preliminary session with an Activity Monitor and an invoice. With your approval and payment, the first session will be scheduled. Additional requested activity not included in the Activity Monitor will be billed as an addition to the approved invoice.
TRAVEL & ACCOMMODATION
The Client shall provide the most comfortable form of transportation, accommodation and meal should we be required to provide our service outside Accra. The bill will be submitted in addition to the invoice upon the client’s request.
APPOINTMENT SCHEDULES & RESCHEDULING
The client decides on the date, time, and location for meetings, which will be captured into the Activity Monitor. Clients are only entitled to the time they are paying for. In the event that the Client fails to meet scheduled appointment, OpulenceConsult will not be held responsible for any missed deadlines and reserves the right to adjust the schedule accordingly.
We shall assist the client through the implementation process. We cannot be held responsible if the client fails in their quest as a result of their refusal to comply with our findings, ideas or methods.
OBLIGATIONS OF OUR HOST
Our comprehensive workshops and seminars are offered either in-house or at the client’s location of choice. The seminars are time two hours, half day, full day and a week. The Host will be required to fill our form and provide us with needed information. After making the hundred per cent non-refundable deposit, we shall send all necessary information required from us to aid in event advertisement and introduction of our consultants and session.
The Host shall see to it that the programme is run on schedule, as our consultants will only be available for the time paid for in the contract monitor plus 30 minutes after which the contract will not be valid.
The content of the information delivered during the programme remains the property of OpulenceConsult so we reserve the right to allow the Host to use our hand out, record any sound or video during the programme unless otherwise stated in the contract monitor.
SPECULATIVE (SPEC) WORK AND 'WORK FOR HIRE' CONTRACTS
OpulenceConsult firmly stands by the belief that 'speculative work' and 'work for hire' are unethical business practices and we will not enter into any such contracts.
Speculative, or 'spec' work is being asked by a client to do unpaid work with a promise of a potential payoff, or payment on the condition of approval. We believe our work speaks for itself and that we should be hired on that basis. And, like any other professional services, our time is worth money and we should be paid appropriately for it.
'Work for Hire' is a signed contract in which the Client automatically owns all rights to anything and everything that an Artist creates for that Client. Essentially making the Artist an employee of the Client but without benefits or legal rights to the work or ideas created.
Hence, if it becomes paramount, we will require the client to deposit a non-refundable fee usually 20% of the total cost (tax-free) of the project before work will commence.
Please note: this deposit is non-refundable should the client refuse the concept, action plan etc.
PRO-BONO AND CHARITY WORK
Pro bono publico: For the public good. OpulenceConsult will donate free or low-cost work (such as advertisements, programmes, posters, and brochures layout design) for non-profit organisations, schools, charities, or for limited budget companies that support the art community such as theatre groups. In return, we usually only ask that we be are given creative freedom and a credit line on what we produce. Of course 'creative freedom' does not mean that we are insensitive to time, branding, budget constraints, or suggestions from the Client.
APPROVAL OF CONCEPTS/ RESULTS
As an institution, we only provide you with services to propel your brand as such we will need our client's unlimited support do render our services. OpulenceConsult shall request that The Client appoints a sole Representative or principal liaison with full authority to provide or obtain any necessary information and approvals that may be required by OpulenceConsult.
The Client is responsible for reviewing all proofs carefully for accuracy in all respects. This includes: checking spelling, phone numbers and design aesthetics. The approval form must be sent to our concierge. Until the approval form is returned, no additional work will be performed.
This makes it clear that OpulenceConsult is not responsible for errors or omissions that may occur at the development stage overlooked by the client. Your signature or that of your authorised representative is required on our approval form prior to release for printing or other implementation. This gesture tells us you completely approve the job and as such everything is ok.
REQUESTS FOR CHANGES OR ADDITIONAL JOBS
All requests for changes of any kind must be written to avoid mistakes. Any revisions, alterations, or additional work requested by the Client and performed by OpulenceConsult not included in the contract monitor or after an approved working phase, will be billed in addition to the originally approved invoice.
* Client revisions must be specified in writing and must include all corrections or changes from the original specifications.
QUALITY OF MATERIAL FROM OUR CLIENTS
All text (including information for business cards) must be provided in a digital format (E-mail, Word document or similar text document). Any logos or pictures must be sent before the design is started. All pictures and logos must be hi-resolution, 300 dots per inch, or printed at customer’s risk. The Client shall inform OpulenceConsult in writing if any portion of the project or materials or information provided by the Client is confidential.
OpulenceConsult will take reasonable precautions to safeguard original or other materials provided by the Client. However, we will not be held liable for any damage or loss of any material provided by the client except in the case of willful neglect or gross negligence by our DesignStudio. We will return all materials provided by the Client within thirty days after the completion of the assignment and payment of any amount due. The Client will pay, defend, and hold OpulenceConsult harmless from and against any lawsuit, claim, damages and expenses, including attorney's fees arising from or out of any claim by any party that it's rights have been violated or infringed upon with respect to any materials provided or claims made by the Client.
The client will guarantee OpulenceConsult against all claims and expenses, including attorney's fees, arising from uses for which no release was requested in writing or for uses that exceed the authority granted by the release.
PROPERTY AND SUPPLIERS PERFORMANCE
Although we will use our best efforts to guard against any loss to you through the failure of our vendors, media, or others to perform in accordance with their commitments, OpulenceConsult is not responsible for failure on their part. If you select your own vendors, other than those recommended by us, you may request that we coordinate their work. If at all possible we will attempt to do so, but cannot in any way be held responsible for quality, price, performance or delivery.
The client shall be responsible for the implementation process (using our findings result or concepts). OpulenceConsult brand development, management or other services can be used to ensure the best results.
OpulenceConsult cannot be held responsible if the client fails in their quest of branding or rebranding as a result of their refusal to comply with our findings, ideas or methods.
PERMISSIONS AND RELEASES
The client agrees to pay and hold the OpulenceConsult harmless against any and all claims, costs, and expenses, including attorney's fees, due to materials included in the work at the request of the client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release.
OpulenceConsult cannot accept responsibility for colour and texture variations that occur occasionally.
SHORTAGES & DAMAGES
We cannot, unfortunately, accept any claims for goods received with shortages or damage items unless witnessed and authorised prior to receipt by a signed copy of our delivery order form to ensure prompt resolution.
When your order arrives, please inspect it for any damage that may have occurred during delivery in the present of our delivery personnel. It is normal for the carton to show some wear, however, if damage occurred to the item(s), please contact us immediately.
We make every effort to ensure that products arrive in perfect condition. If products arrive damaged in any way, clients should contact us on delivery or on receipt; this does not affect your statutory rights as a consumer.
All non-damaged goods returned due to the client’s error will result in the issue of a credit note following the deduction of restocking charge. We cannot accept any items showing signs of being used, displayed or in such a condition as to render them not re-sellable.
We reserve the rights to terminate any transactions and refund you the full payment via the same payment form used to place an order.
The Client may request a refund by completing the Refund Request form which will be provided upon request. Upon timely receipt of the completed form will we refund the total payment made by the Client.
The refund policy will not take effect:
- If you have already confirmed or approved Action Plan. Your approval represents an acceptance of the Action Plan and serves as an implicit statement of satisfaction.
- If you failed to communicate with us for more than five days.
- If you purchased a "Special Offer" that does not constitute one of our standard packages as advertised.
RIGHTS OF OWNERSHIP
In accordance with the copyright law of Ghana, the ownership and copyrights for all work created by OpulenceConsult remain the sole property of OpulenceConsult unless a transfer, complete payment is made (a 'buyout') or negotiated.
COPYRIGHTS AND TRADEMARK
It is the client’s responsibility to copyright their brand and/or register it as a trademark.
Note: the amount paid for corporate identity (e.g. logo design) does not include the cost of patenting. As such, the client must commission OpulenceConsult to patent their brand in the confirmation of the contract and/contract monitor.
OpulenceConsult always reserves the right to reproduce or use any work created by us for the Client in any reasonable way for our own marketing and self-promotional needs.
Any design ideas, rough sketches, illustrations, etc. not accepted by the Client during the course of the project remain the property of OpulenceConsult and may be used in any manner we choose. The grant of any licence, patent, reproduction rights, or copyrights is conditioned upon receipt of payment in full.
WARRANTY OF ORIGINALITY
To the best of our knowledge, all work created either by us or from a third party source, has not been previously published or that consent has been obtained for its use.
ELECTRONIC FILES/ SAMPLES AND PHOTOGRAPHS
The client must communicate to us if they will require a softcopy of their design on the request form. We will retain a minimum of two samples of printed works or photograph artworks for publication, exhibition or other promotional purposes. The quantity of three-dimensional or screen-printed samples may be negotiated depending on the scope of the project.
COMPENSATION OF TERMINATED SERVICE
Terminated project require compensation for incurred costs and related obligations at the time of termination.
- If the project is cancelled before the first stage (design process) has begun, a 5% of the total fee will be charged.
- If the project is cancelled after the 1st proof a 20% of the total charge will be incurred.
- If the project/order is cancelled after the 2nd or 3rd proofing, we will not refund.
TERMINATION OF RETAINER AGREEMENT
Should this transaction be cancelled by you, you will be billed a reasonable cancellation fee of ¢50.00 plus an amount for the "services not included" work performed on your behalf and out of pocket expenses paid on your behalf including overnight mail costs.
If you are paying annually, the retainer programme may be cancelled on sixty days’ notice in writing prior to the end of each twelve-month period paid in advance. If you are either party on sixty days’ notice in writing may cancel being invoiced monthly or quarterly, the retainer programme at any time. The retainer agreement remains in effect until cancelled and is not automatically cancelled at the conclusion of any specific billing period.
The client cannot under any circumstances reject any item bought via our Services.
In no event shall OpulenceConsult and/or her staff be liable to the client for any incidental, special, or consequential damages, including without limitation of any claims for lost profits or lost savings, even if OpulenceConsult has been advised of the possibility of such damages.
OpulenceConsult shall not be liable for any claim or demand against you by any third party involving the goods delivered or any services performed. OpulenceConsult will make every effort to protect the confidentiality of all clients’ questions and answers. All work performed by OpulenceConsult is for, and on behalf of, her clients.
Either party may request that any dispute in excess of GH¢1000.00 arising out of this agreement shall be submitted to binding arbitration before a mutually agreed upon arbitrator pursuant to the rules of the Arbitration Association. The arbitrator's award shall be final and judgement may be entered upon it in any court having jurisdiction thereof. The Client shall pay all arbitration, court costs, attorney's fees, and interest on any award of judgement in favour of Consult.
LIABILITY AND INDEMNITY
Neither OpulenceConsult nor her staff shall be liable to the Client for any loss, injury, damage, expenses or delay incurred or suffered by the Client arising directly or indirectly from or in any way connected with an Engagement. Without limitation we cannot be liable nor connected with the failure of the client to meet the requirements of the project for all or any of the purposes for which is required by the Client; through any act or omission of information, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise. Provided that this compensation is given only in respect of any loss, injury, damage, expense or delay caused during or arising directly or indirectly out of or in any way connected with an Engagement.
We assume here that these Terms will be governed by the constitution of Ghana with the courts finally resolving any dispute. Suggests the possibility of mediation, but as written, it would need the consent of both parties. The information contained herein is confidential; under no circumstances may we share this information with an unauthorised person or organisation without the prior permission of the client.
This Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding of the parties. Only some instrument in writing signed by both parties, except that the Client may authorise expenses or revisions orally, can modify its terms. No terms attached to any check for payment under this Agreement can modify the Agreement except under an independent instrument in writing signed by both parties. Any dispute regarding this agreement shall be negotiated in Accra, Ghana under the rules of Law in Ghana. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions. The laws of Ghana shall govern this Agreement and courts of Ghana shall have exclusive jurisdiction and venue
If there is anything we should know about our brand and activities (services, products, events), please call our Concierge on +233 249 595 812 or use our contact form. We shall endeavour to respond timely with helpful service and clients’ support.