Terms of Service

1. Agreement to these terms

These terms govern your use of opsa.mtechmpl.com. By browsing the site you accept them. If you do not accept them, please do not use the site.

Consulting services are governed by the individual written engagement agreement signed by you and OPSA. Where that agreement conflicts with anything on this page, the signed agreement takes precedence for that engagement.

2. About us

Operational Process Solutions of America (OPSA) is an operations consulting business owned by Michael Smith, operating from 270 Magazine Street, Richmond, Virginia 23219, United States. Contact: Michael@opsa.mtechmpl.com, +1 925 807 3982.

3. Use of this website

You may view, print and download pages from this site for your own business evaluation. You may not:

• Copy substantial portions of the site for republication
• Use automated tools to scrape, mirror or overload the site
• Attempt to gain unauthorised access to any part of the site or its host
• Introduce malicious code or interfere with other users' access
• Use OPSA's name, logo or content to imply an endorsement that does not exist

4. Information on this site

The content here is general information about our services. It is not consulting, legal, accounting or tax advice, and it does not take account of your circumstances. Prices shown are indicative starting points; a binding price is given only in a written proposal. See also our Disclaimer.

5. Enquiries and proposals

Submitting an enquiry does not create a contract and does not oblige either party to proceed. A contract is formed only when a written proposal is signed by both you and OPSA. Proposals are valid for 30 days unless stated otherwise.

6. Scope of services

Each engagement agreement sets out the deliverables, timescale, named consultants, fee and payment schedule. Work outside that scope is quoted separately in writing and starts only once you approve it. We will not perform additional billable work on the assumption that you would have wanted it.

7. Client responsibilities

To deliver on time we need reasonable cooperation, which normally means: a nominated sponsor with authority to unblock access, timely provision of agreed data and documents, access to premises and staff at the agreed times, and decisions at the phase gates described in the engagement plan. Where delays are caused by these obligations not being met, timescales adjust accordingly and we will tell you promptly rather than silently absorb the slippage.

8. Fees and payment

Fees, instalments and expenses are set out in the engagement agreement. Invoices are payable net 15 days from the invoice date unless agreed otherwise. Overdue amounts may attract interest at 1.5% per month or the maximum permitted by Virginia law, whichever is lower. Full payment terms, cancellation windows and refund conditions are in our Billing & Refunds policy, which forms part of these terms.

9. Intellectual property

The design, text, images and code of this website belong to OPSA or its licensors. Deliverables produced during an engagement — process maps, procedures, spreadsheets, dashboards and reports — transfer to the client on full payment, and the client may use, edit and reuse them internally without restriction or further fee. OPSA retains ownership of its underlying methods, templates and general know-how, which are not client-specific.

10. Confidentiality

Each party keeps the other's confidential information confidential and uses it only for the engagement. This obligation survives the engagement by three years, and indefinitely for trade secrets. We will sign your standard non-disclosure agreement on request. OPSA does not name clients or publish results without prior written permission.

11. Warranties and disclaimers

We warrant that services will be performed with the reasonable skill and care expected of a competent operations consultancy. Beyond that, and to the fullest extent permitted by law, this website and its content are provided “as is” without warranties of any kind, express or implied. We do not warrant uninterrupted or error-free availability of the site.

Outcomes described in case studies were achieved under particular conditions and are not promises of comparable results for any other business. Operational improvement depends heavily on client implementation, which is outside our control.

12. Limitation of liability

Nothing in these terms limits liability for fraud, fraudulent misrepresentation, or any liability that cannot lawfully be limited. Subject to that, OPSA's total aggregate liability arising out of or in connection with an engagement is limited to the total fees paid by the client for that engagement. Neither party is liable to the other for indirect, incidental, special or consequential losses, or for loss of profit, revenue, goodwill or anticipated savings.

13. Termination

Either party may terminate an engagement by written notice if the other commits a material breach and fails to remedy it within 15 days. Fractional support agreements may be ended by either party on 30 days' written notice with no penalty. On termination, you pay for work properly performed to the termination date and we deliver whatever has been completed.

14. Third-party links

Where we link to another website, we do so because we believe it may be useful. We do not control those sites, do not endorse their content, and accept no responsibility for them.

15. Governing law and disputes

These terms are governed by the laws of the Commonwealth of Virginia, United States, without regard to conflict-of-law rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Richmond, Virginia. Before commencing proceedings, both parties agree to attempt to resolve the dispute in good faith by direct discussion for at least 30 days.

16. Changes to these terms

We may update these terms. The version in force is the one published here on the date you use the site. Changes do not affect the terms of an engagement agreement already signed.

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If anything in this document is unclear, please contact us before relying on it. We will explain it in plain language and, where a change is warranted, we will make it and note the revision date above.