Terms of Service
Effective: January 1, 2025
1. Services
XOPON provides installed operator team services to construction companies. Services include pay application management, waiver and compliance management, and collections operations. The scope of services for each engagement is defined in a separate service agreement executed between XOPON and the client.
2. Payment Terms
Fees are charged as described on our pricing page and in your service agreement. One-time fees are charged at engagement start. Recurring fees are charged monthly in advance. All fees are non-refundable except as described in your service agreement. Payments are processed via Stripe.
3. Client Responsibilities
Clients are responsible for providing accurate project and financial information, granting necessary system access, maintaining a defined approval authority for operator actions, and responding to operator escalations within the timeframe specified in the service agreement.
4. Operator Authority and Limitations
Operators act within the scope defined in the service agreement. Operators do not have authority to sign legal documents, file liens, make payment settlement decisions, or take any action outside their defined scope without explicit written client approval. All operator actions are logged.
5. Confidentiality
XOPON treats all client financial data, project data, and operational information as confidential. Client data is not shared with third parties except as required to deliver the contracted services. XOPON and client will execute a mutual NDA prior to engagement start.
6. Data Security
XOPON limits operator access to the minimum required to perform contracted functions. All access is documented. Access is revoked immediately upon engagement termination. XOPON does not store client credentials beyond operational necessity.
7. Limitation of Liability
XOPON's liability for any claim arising from services rendered is limited to the fees paid in the three months preceding the claim. XOPON is not liable for indirect, consequential, or punitive damages.
8. Termination
Either party may terminate the engagement with 30 days written notice. XOPON may terminate immediately if client fails to pay or materially breaches the service agreement. Upon termination, XOPON will revoke all system access and return or delete client data within 10 business days.
9. Governing Law
These terms are governed by the laws of the State of New Jersey. Disputes will be resolved by binding arbitration in Ocean County, New Jersey.
10. Contact
Questions regarding these terms: xoponops@gmail.com