These terms and conditions outline the rules and regulations for using Optain Funding's website.

Optain Funding is located at:

ADDRESS

By accessing this website, you agree to these terms and conditions in full. If you do not agree with any part, please refrain from using the website.

1. Definitions

• "Client," "You," "Your" – Any individual or entity accessing or using this website or our services.
• "Company," "We," "Us," "Our" – Refers to Optain Funding.
• "Services" – Business consulting and related services offered by the Company.

2. Scope of Services

We offer consulting in business strategy, digital marketing, operations, technology solutions, branding, and more. The specifics of each engagement will be detailed in individual agreements.

3. Payments and Billing

A signed agreement is required for all services. Payment terms, including deposits and deadlines, are outlined in each project agreement. Clients are responsible for all third-party expenses and must make timely payments to avoid delays or penalties.

4. Moko Consulting Service Agreement, Billing, and Payment

All services provided by Optain Funding are subject to a formal service agreement that outlines scope, deliverables, billing structure, and timelines. This agreement must be reviewed and signed before any work begins.

Billing

• All monthly services require a one (1) year term unless otherwise stated in writing.
• If a one-year term is canceled prior to completion, a cancellation fee equal to twenty percent (20%) of the remaining contract value or two hundred dollars ($200), whichever is greater, will be due immediately.
• A non-refundable deposit is required to begin work. This secures scheduling, covers initial planning, and will be applied to the total project cost. Work will not commence until the deposit is paid in full.
• Invoices for deposits and external expenses (e.g., hosting, licensing) are due upon receipt. External expenses are non-refundable and subject to third-party policies.
• A deposit (typically 50%) may be required before project commencement.
• Monthly retainers, milestone billing, or one-time invoices may be used depending on the project.
• Invoices are due upon receipt unless otherwise specified.
• Late payments may incur fees and delay services.

Accepted Payment Methods

• Credit/debit card
• ACH bank transfer
• Check (business only)
• Online payment portal (if available)

Additional Fees

A $25 reinstatement fee will apply to all client-related service interruptions, including those due to late payments, returned checks, chargebacks, or other breaches of agreement.

Chargeback Procedures

Billing disputes can be submitted through our ticket system at https://client.mokoconsulting.tech/public/ticket/index.php?entity=1.
Initial ticket responses will be provided within seventy-two (72) hours.

• Clients are expected to communicate any billing concerns or disputes directly with Optain Funding before initiating a chargeback.
• Initiating a chargeback without prior notification will be considered a breach of agreement.
• If a chargeback is initiated, Optain Funding reserves the right to:
  • Suspend all services immediately
  • Dispute the chargeback and provide supporting documentation
  • Recover the original invoiced amount plus a $50 chargeback dispute fee
  • Require future payments by certified funds only

• Reinstatement of services following a chargeback will require full payment of outstanding balances, fees, and may be subject to additional terms. Payment for reinstatement in such cases must be made by cash or check only.

• Returned checks will incur a $40 fee.

Returned Check Procedures

• Clients will be notified in writing (email or mail) within five (5) business days of a returned check.
• A $25 reinstatement fee will be charged if services are suspended due to non-payment or returned checks.
• The $40 return fee must be paid within ten (10) business days of notification.
• Payment must be made via an alternative method (credit/debit card, ACH, or money order).
• If the fee and original payment are not resolved within the specified timeframe, the account may be suspended, and services halted.

• Multiple returned checks may result in a requirement for all future payments to be made electronically or in certified funds.

• Any required third-party services or subscriptions (e.g., web hosting, plugins, stock media) will be invoiced separately or must be prepaid.

• Rush fees may apply to expedited requests.

Failure to comply with billing terms may result in suspension of services or contract termination.

Payment of this invoice signifies agreement to Moko’s Terms & Conditions.

A detailed Service Agreement governing Quotes, Scope of Work, Deliverables, Revisions, Licensing, Termination, and Payment will be provided and incorporated by reference into client engagements. This includes:

• Quote approval and revision terms
• Scope development and deliverables
• Client participation and change requests
• Late fees and expense handling
• Ownership and licensing of deliverables
• Warranties, liabilities, and dispute resolution

This comprehensive Service Agreement ensures transparency and clarity between both parties for successful collaboration.

Financing Options

Optain Funding may offer financing plans or installment options to qualified clients for select projects. Financing eligibility, terms, and schedules will be determined on a case-by-case basis and must be documented in the formal project agreement.

Key Financing Terms

• All financing agreements require a signed contract.
• Payment schedules must be adhered to as outlined.
• Missed payments may result in suspension of services or termination of agreement.
• Financing availability is not guaranteed and is subject to approval.

Financing does not waive the requirement for an initial non-refundable deposit or change ownership conditions outlined in the service agreement.

5. Intellectual Property

Content developed for clients may be AI-assisted.

Unless otherwise agreed in writing, all deliverables created by Optain Funding under a written agreement shall be considered work-for-hire to the extent permitted by law. Upon full payment, clients shall own all rights, title, and interest in such deliverables, including all intellectual property rights, unless the project agreement specifies otherwise.

If any deliverables are not considered work-for-hire under applicable law, Optain Funding hereby assigns to the client all rights, title, and interest in and to the deliverables, effective upon full payment.

Clients agree that they have the intellectual property rights for any content, video, image, or text provided to Optain Funding, and Optain Funding is not liable for any related claims.

Unless otherwise specified, all materials created during engagements remain the property of Optain Funding until full payment is received. Unauthorized use or distribution is prohibited.

6. Copyright and Liability Assignment

Upon full payment, intellectual property rights for custom deliverables (e.g., reports, designs, strategies) may be transferred to the client as per the agreement. The Company disclaims liability for uses beyond intended scope.

7. Confidentiality

We respect your confidentiality. We will not disclose proprietary or sensitive information without consent, unless required by law.

8. Disclaimer

Our advice is based on professional expertise and available data. We do not guarantee outcomes and are not responsible for business decisions made based on our guidance.

9. Limitation of Liability

To the maximum extent permitted by law, Optain Funding is not liable for indirect, incidental, or consequential damages resulting from use of this site or our services.

10. Third-Party Links

This website may include links to third-party sites. We are not responsible for their content or practices.

11. Governing Law

These terms are governed by the laws of the State of Tennessee. Legal proceedings shall be brought in Montgomery County, Tennessee.

12. Termination

We reserve the right to suspend or terminate services without notice for violations of these terms. Provisions intended to survive termination will remain in effect.

13. Force Majeure

We are not liable for failures due to causes beyond our control, such as natural disasters, outages, or governmental actions.

14. Independent Contractor

We act as an independent contractor. These terms do not establish any joint venture, partnership, or employment relationship.

15. Non-Solicitation

Clients agree not to solicit or hire our staff or contractors during the engagement and for 12 months following termination.

16. Changes to Terms

We may update these terms at any time. Continued use of the site implies your acceptance of the updated terms.

17. Arbitration

In the event of any dispute, claim, or controversy arising out of or relating to these terms, the parties agree to resolve the matter through binding arbitration administered by a mutually agreed-upon arbitrator, in accordance with the rules of the American Arbitration Association. The arbitration will take place in Montgomery County, Tennessee, and judgment on the arbitration award may be entered in any court having jurisdiction. Each party shall bear its own costs and attorneys’ fees, except as may be awarded by the arbitrator.

18. Contact

Questions? Contact us by phone:

(757) 620-5078 

Privacy Policy

This policy explains how we collect, use, and safeguard your personal data.

Information We Collect

• Information you submit directly (e.g., forms, emails)
• Technical data (e.g., IP address, browser info, usage data via cookies)

How We Use Information

• To provide services and respond to inquiries
• To process payments
• To improve site functionality and user experience

Sharing and Disclosure

We do not sell or rent your personal data. It may be shared with third parties only as needed to provide our services.

Security

We implement standard security measures but cannot guarantee absolute protection of your data.

Cookies

This site uses cookies for performance and analytics. By continuing to use the site, you consent to this use.

Your Rights

You may request access to, correction of, or deletion of your data by contacting us.

Updates

We may revise this policy. Continued use implies acceptance of any updates.

Accessibility Statement

Optain Funding is committed to digital accessibility for all users, including those with disabilities.

Conformance

We strive for compliance with WCAG 2.1 Level AA standards and continually improve accessibility features.

Feedback

To report accessibility issues, contact

Acceptable Use Policy

By using our site and services, you agree not to:

• Violate laws or regulations
• Infringe on intellectual property
• Engage in harassment, abuse, or offensive conduct
• Attempt to gain unauthorized access to systems or data

Violations may lead to suspension or termination of access or services.