Terms of service
ARCTIC GREY, LTD. d/b/a Arctic Grey.
Terms & Conditions -- Updated April 11, 2022
You (hereinafter referred to as "you" or "Credit Card Holder" or "Client") ARCTIC GREY, LTD. is a Delaware Corporation and parent company to ARCTIC GREY a London Corporation (hereinafter referred to as "Arctic Grey" or "ARCTIC GREY, LTD." or “our”, "us" or "we"), written proposal (hereinafter referred to as “Proposal A-Z” or “Annexure A-Z”)
(A) You are consenting to our Terms and Conditions electronically. "Terms & Conditions" means this agreement (including the service & price details contained on our website also known as “Proposal A-Z” or “Annexure A-Z”), SEO Agreement, notices of change in terms relating to this agreement, new account agreements, account notifications, and any disclosures required now or in the future by applicable regulation.
(B) In Lieu of this Electronic "Terms & Conditions", you have a right to request a paper copy of these Terms & Conditions before signing up. If you want an electronic copy, please talk to one of our sales Representative VIA email at email@example.com and we will send you an electronic copy via email. You also have the right to request a previous version of these terms if they were updated after all parties signing and agreeing to the terms and conditions or the agreement.
(C) You have the right to decline this agreement and not receive them electronically. If you wish to make that choice, do not click "I agree" or Process Order or Sign (“Proposal A-Z” or “Annexure A-Z”) and do not make any payments, contact a Sales representative immediately instead. Email us at firstname.lastname@example.org if you decline this agreement electronically your order will not be processed until we receive your signed agreement in electronic form.
(D) By stating "I agree" via email, or logging on and electronically signing “Proposal A-Z” or “Annexure A-Z”, or making Payments, you are confirming that you can access and read and agree to all of this agreement and consent to use of this electronic method of contract acceptance under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN).
(E) You may use the "Contact Us" feature to update information needed to contact you electronically. You should print a copy of this agreement and retain it for future reference.
For your convenience, "Terms & Conditions" consists of the following parts:
Authorization. Client is engaging ARCTIC GREY, LTD., as an independent contractor for the specific purpose of designing a World Wide Web site (hereinafter referred to as "Web Design Project") to be published on the Client's account on an Internet Service Provider(ISP)/Web Presence Provider(WPP) computer, hereinafter refer to as "Hosting Service", or provided on diskette at the Client's option. The Client hereby authorizes ARCTIC GREY, LTD. to access this account, and authorizes the Hosting Service to provide ARCTIC GREY, LTD. and its employees, with "full access" to the Client's account, and any other programs needed for this Web Design Project that are included as part of the Client's service agreement/level. Please note: Some platforms require hosting to be secured & maintained by them if the site is built using their tools. For example, Wix, Shopify, Big Commerce, etc.
Development. This Web Design Project will be developed using latest version of custom PHP, Java Script, MySQL, MyPHP, CSS, AJAX, Macromedia ® Dreamweaver ® and or Wix HTML5
Browser Compatibility - Designing a web site to fully work in multiple browsers (and browser versions & resolutions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. ARCTIC GREY, LTD. represents and warrants that the web site we design for you will work in:
Firefox 3.0 and up
Accessibility for People with Disabilities – ARCTIC GREY, LTD. standard is to meet at least half the currently recommended guidelines for web site development. Without sacrificing quality and design, we try to ensure that the content you provide and functions we build into our web sites are available to all visitors.
Assignment of Web Design Project. ARCTIC GREY, LTD. reserves the right, and you hereby agree, to assign local or international subcontractors to this Web Design Project to insure that the terms of this agreement are met as well as meeting the estimated completion date if one was provided.
Copyrights and Trademarks. The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to ARCTIC GREY, LTD. for inclusion in the Web Design Project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend ARCTIC GREY, LTD., its employees and its subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client. The client undertakes the entire liability for the content on the website.
Web Site Maintenance. This agreement allows for minor web site maintenance to pages over a 12 month period at a cost of $97-$297/hour, including updating links and making minor changes to a sentence or paragraph. It does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, navigation structure changes, attempted updates by Client repairs or Web Design Projects delivered to Client via diskette. The period of 12 months begins on the date the Client's web design site is available to be published to Client's hosting service or 30 days from the date this agreement was signed, whichever comes first. If the Client's web design package includes database access using ASP or PHP, then very minor page code changes will be accepted under this web site maintenance plan, major page code and/or database structural changes will be charged at then hourly rates.
Prior to Transfer or Delivery of Project. The Client agrees to complete the Arctic Grey Design Approval Prior to Delivery Form’ prior to taking delivery of finished product. The Client understands and agrees that if the ‘Design Approval Prior to Delivery Form’ is not filled out in full, that Arctic Grey can retain all work product until Client fulfills this obligation.
Shared Screen Training: Once a time for shared screen training has been set and/or agreed upon, Arctic Grey will need at least 72 hours’ notice to reschedule or cancel the appointment. If proper notice is not given in the time frame stated herein, the training session will be considered lost or used and cannot be rescheduled. A new appointment would have to be set and paid for accordingly. Shared-screen training cannot be set until the site is complete or until the Client states the site is complete. Once shared screen training takes place, the revision period (if any time remaining) will be considered void. Any edit requests for the site beyond the shared screen training session (if even missed during the build revision period) will be considered void. The Client agrees that if shared screen training takes place, that you accept the site as-is and understand that any further adjustments will be an extra.
Completion Date. ARCTIC GREY, LTD. and the Client must work together to complete the Web Design Project in a timely manner. ARCTIC GREY, LTD. agrees to work expeditiously to complete the Web Design Project as specified in the “Proposal A-Z” or “Annexure A-Z” (whichever is applicable) after Client has submitted all necessary content and filled in the mandatory web design questionnaire. The Client is expected to supply ARCTIC GREY, LTD. with complete text and graphics 'content' in an easy electronic format for this Web Design Project as soon as possible for ARCTIC GREY, LTD. to finish the website on time. The Client is responsible to provide entire content in a timely manner and understands that ARCTIC GREY, LTD. will not be responsible if the Web Design Project remains largely unfinished or is delayed, due to his or her own inaction. The delays can also occur if any milestone that requires Client action, such as approving design mockups or web design changes is not acknowledged on time. This is a bilateral contract which means if the project is delayed, beyond the time specified in “Proposal A” or “Annexure A” or “Proposal O” (whichever is applicable) due to Clients inaction, such as delay in sending initial or ongoing instructions & contents, ARCTIC GREY, LTD. may not work expeditiously to finish the project in accordance with Clients new deadlines. An additional charge at rates specified in the “Proposal A-Z” or “Annexure A-Z” whichever maybe applicable. All of our turnaround times are estimates only and NOT guarantees. Please keep in mind that there are several different things that can delay the web design process that are out of our control. The turnaround times that we give are based on actual statistics of jobs we have done in the past and are NOT guaranteed. Under no circumstances will a refund be honored for a delay in our estimated turnaround time and this should not constitute a breach of this contract.
Project Delivery. The final web site design project will be published to the Client's hosting service upon receipt of full final payment or delivered via diskette upon the receipt of full final payment. The Client understands that if Client does not choose the hosting service provided by ARCTIC GREY, LTD., the Client agrees to select a hosting service which allows ARCTIC GREY, LTD. full access to the Client's account via FrontPage® or FTP. The Client will be solely responsible for any and all hosting service charges in that case. Configuring feedback forms on sites not hosted by ARCTIC GREY, LTD. requires additional scripting efforts and would be charged at hourly rate as specified in the Proposal A O. Client acknowledges that unless otherwise specified in writing by ARCTIC GREY, LTD., add-ons services will require My SQL Database Hosting on Linux Operating System.
Publishing: 1) ARCTIC GREY, LTD. will Publish/Host the site on its servers if client chooses ARCTIC GREY, LTD. to provide Hosting Service. 2) ARCTIC GREY, LTD. will Publish/Host the site on any servers if client does not choose ARCTIC GREY, LTD. to provide Hosting Service only if it has the full access to the Client's account via FTP.
Diskette: The Client assumes all responsibility for the use and functionality of the Web Design Project.
Electronic Commerce Laws. The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend ARCTIC GREY, LTD., its employees and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
Web Design Project Copyright. The Client will be assigned rights to use the Web Design Project as a web site perpetually, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. ARCTIC GREY, LTD. and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
Website Content. Is the textual, visual or aural content that is encountered as part of the user experience on websites. It may include, among other things: text, images, sounds, videos and animations. The Client is expected to supply ARCTIC GREY, LTD. with complete text and graphics, this includes (but not limited to) text, copy, forms, legal disclaimers, privacy policies, terms and conditions, images, graphics "the content" in an easy electronic format for this Web Design Project as soon as possible for ARCTIC GREY, LTD. in order to finish the website on time. The Client is responsible to provide entire content (text, imagery, and graphics) in a timely manner and understands that ARCTIC GREY, LTD. will not be responsible if the Web Design Project remains largely unfinished or is delayed, due to his or her own inaction. Please Note: ARCTIC GREY, LTD. in efforts to keep the project moving forward may use filler text or sample/filler images. At no time does ARCTIC GREY, LTD. represent that the temporary filler text or sample/filler images are written by ARCTIC GREY, LTD. copywriters or images/graphics are that of ARCTIC GREY, LTD. or that ARCTIC GREY, LTD. holds licensing for. ARCTIC GREY, LTD. pull sample/filler images and text from royalty free sources, and use them on the site as examples and filler in efforts to keep the project moving forward and on schedule. ARCTIC GREY, LTD. does not guarantee that sample/filler images used and placed by ARCTIC GREY, LTD. are not copy-written or royalty free. It's is the obligation of the client to provide, ensure or confirm that all "content" (text, copy, forms, legal disclaimers, privacy policies, terms and conditions, images, graphics) is authorized for use. Furthermore, ARCTIC GREY, LTD. does offer copy writing services, and can purchase license rights to non-royalty free graphics/imagery at an additional cost.
Payments. Payments must be made promptly based on the terms of this Web Site Design Project as specified in the “Proposal A-Z” or “Annexure A-Z” (whichever is applicable). ARCTIC GREY, LTD. reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. In case collection proves necessary, the Client agrees to pay all fees (including all attorney’s fees and court costs) incurred by that process. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this agreement was entered into in London, England and any dispute will be arbitrated in London, England, and the Client hereby consents to the personal jurisdiction of London, England Arbitration. Client unconditionally and personally guarantees the payments. Furthermore, the Client waives any right to or claim of sovereign immunity. ARCTIC GREY, LTD. reserves rights to report all good and bad accounts to all credit reporting agencies. Adding of Meta Tags (Description and Keywords) and the submission of the Web Design Project to Web search engines and updating should occur only after the full final payment is made. All payments will be made in U.S. Dollars.
Payment Schedule. Payment for services provided hereby shall be made in accordance with the conditions contained in this contract and “Proposal A” or “Annexure A” or “Proposal O” (whichever is applicable),and made a part of this agreement hereof. Notwithstanding any prices listed in literature or on Web pages, the Client and ARCTIC GREY, LTD. agree that the services described in this contract, shall be completed at a cost specified in the “Proposal A-Z” or “Annexure A-Z” (whichever is applicable). ARCTIC GREY, LTD. Web Design requires at least 50% of the total amount due before starting work on a web site design. ARCTIC GREY, LTD. Web Design sends all invoices via email only and all invoices are due on presentation. Final balance due upon completion (completion date is determined by the build/revision period allotted and outlined in the agreed proposal -- i.e., 4-8 Week Build/Revision Period provided, final payment will become due 'within' 45 days of the start date) and/or before going “live”, or transfer of ownership, or 90 days from the date of the accepted proposal, whichever is sooner. Once the final payment of a project is completed and confirmed by the Arctic Grey, Ltd. billing department, full ownership of all work and services rendered will be transferred to the client. If payment arrangements are agreed upon and made, the client must make timely payments. If a payment is skipped, or payment method is declined the client will have FIVE (5) days to rectify the situation before interruption of services are implemented. In case any invoice is overdue for more than FIVE (5) days, ARCTIC GREY, LTD. Web Design reserves the right to stop work without any further communication, interrupt services that are outstanding and a $197 late fee will be applied at that time a in addition to a $97 reactivation fee and a 1.5%/mo interest on outstanding balance. All payments should be made to ARCTIC GREY, LTD. Web Design and all pricing is in US dollars. In the event a website is in default, and ARCTIC GREY, LTD. has interrupted (taken down) the site, a reactivation fee of $97 will become due in addition to the late fee and interest. Additionally, if a reoccurring payment plan is in default due to late or nonpayment, ARCTIC GREY, LTD. will require all outstanding amounts due (revoking the payment terms) prior to the reactivation and the turning over of the website. If emails or other subscriptions become delinquent due to nonpayment and the services is interrupted, ARCTIC GREY, LTD. will require a setup fee in order to reactivate the service that has become delinquent. ARCTIC GREY, LTD. reserves the right to remove payment terms offered and or set up with the client at any time for any reason.
Promotions or Discounts. If a promotion or discount is applied to a project and listed within your proposal, the project must be paid as agreed or completed within the payment terms deadlines. If a project is not completed within the allot window, payments not received as agreed or final payment is not made as outlined, the discount applied to the proposal will be removed, and applied to the final payment or payments owed. For example, if a project received a discount due to a promotion running, and the proposal indicates "Final balance due upon completion and before going “live” or 45 days from the date of the accepted proposal, whichever is sooner." And payments are not paid as agreed, in addition to late fees, reactivation fees and interest, the discount applied to the project will no longer be valid and the discounted amount will be applied to the outstanding balance.
Revision Period. The revision period is to begin upon receipt of first payment, or when client requests first rounds of revisions or site build requests. The revision period duration is listed on page TWO (2) of the proposal under the (“This Customized Website Package includes all of the following:”) Language, within the line item that reads **"Revision Period (Build/Revision period included starts at point of receiving first revision/build request)"** Each additional hour for revisions outside the revision period will be at a rate of $97/hour. If the revision period clock at the bottom of the client’s website has begun ticking down, the revision period has been initiated. All submittals of content or revision/build requests to the website MUST be made by email PRIOR to the expiration of the revision period or before the revision period clock ends, no exceptions. If the revision period states “UNLIMITED”, you will receive unlimited revisions for a period of 90 days (3 MONTHS) for the point of receiving the first deposit. If ARCTIC GREY, LTD. offers one final submittal after the revision period expires, that final submittal null and voids all prior requests. (PLEASE NOTE: If a request was missed during the allot build/revision time, the courtesy final submittal takes precedence over all previous requests and prior requests will not be honored).
Extras. All extras are bound under the same terms and conditions of the original agreed proposal.
Refund Policy. ARCTIC GREY, LTD. Web Design guarantees your satisfaction. Our refund policy works as below:
100% Refund, If Requested
Prior to the showing of any design layout, no questions asked, or
Before 3rd round of revision requests.
Applicable to all website plans.
Refund not applicable to clients taking advantage of a no obligation design layout offer based on requirements provided to ARCTIC GREY, LTD.
Refund Policy applicable to all purchases made on or after January 1st, 2018 only.
Refund not applicable once three rounds of revisions are requested.
Refund must be requested within 15 calendar days from date of order.
Refund not applicable on bulk hours that have been used.
Refund not applicable on marketing campaigns.
Refund not applicable on SEO services.
Refund not applicable on any form of graphic design services.
Refund not applicable on domain registration fees.
Refund not applicable for express service clients.
Refund not applicable on hosting fees.
Refund not applicable on admin fees.
Refund must be requested in writing.
Refund not applicable on updates and add-ons on existing website.
PLEASE NOTE: ARCTIC GREY, LTD.' main objective is customer satisfaction. If a client opts in by taking advantage of the no obligation design layout prior to commitment, and the client chooses to proceed forward with retaining ARCTIC GREY, LTD. to complete the project based on the requirements received or to be submitted (verbal or written), the client acknowledges that by making first payment (deposit) it is acceptance of the quality, customer service and capability of ARCTIC GREY, LTD. prior to commitment, therefor waiving all rights to a refund.
Designing Layout. Once the Advance payments are received, ARCTIC GREY, LTD. would make a Layout exactly in accordance with Clients requirements and will make reasonable changes until the client is satisfied. Once a layout is approved, and the Client needs to change it, additional cost may be applicable on hourly bases at the rate quoted in the “Proposal A-Z” Or “Annexure A-Z”. Full flash sites are not included in the contract and would be charged additionally. Audio integration in the website will cost forty-seven US Dollars per Music; Video integration will cost forty-seven ($47.00) US Dollars per Video. A page would be defined by a maximum of 300 words and prorated thereafter depending upon the applicable cost per page. There will be a maximum of five (5) pictures in a page & ten (10) outside links per page. Anything extra will be charged at seven ($7.00) US Dollars per picture and seventeen ($17.00) US dollars per link/button. Internal navigation page links will be limited to the package selected, for instance, a five (5) page website will have a maximum of five (5) internal navigational links, Additional navigational links without content will be charged thirty ($17.00) US Dollars per link. As a part of web design project ARCTIC GREY, LTD. agrees to make a standard feedback form with up to a maximum of (8) fields in lieu of (1) web design page and at no additional cost. Extra form fields will cost ten ($2.00) dollars per field. E-Commerce websites that are based on CRE Loaded Shopping Cart system and prices include Skin Customization. The client with CMS sites would have the ability to change certain text and only in the content area of the website. Prices above are subject to change, the proposal will contain the most current pricing. A Web Design by ARCTIC GREY, LTD. statement with a link to arcticgrey.com will appear on all pages in the footer of all websites designed or powered by ARCTIC GREY, LTD. A $497.00 US surcharge would be payable if the link is asked to be removed. Removing the link without prior approval of ARCTIC GREY, LTD. would be a breach of this contract.
Other Professional Services. Clients who opt for website content writing assistance agrees to provide ARCTIC GREY, LTD. ad with their content summary or highlight points. Clients who opt for article writing agree to provide ARCTIC GREY, LTD. with relevant keywords. Articles and website content will be professionally written and will be free of any grammatical errors. ARCTIC GREY, LTD. may charge a revision cost at an hourly rate as specified in the Proposal A-Z if revision is requested after submission. Clients who buy Content Management System based web design understand that such websites are done in the Wix Editor, unless otherwise mutually agreed in writing. Clients who opt for video actor service agree to provide an exact draft of the matter and understand that a re-shooting fee of $497/video will apply in case of any changes after the shoot.
Logo Designs. File formats for logo designs are PSD, PNG & JPG and will be provided upon request, all other file formats are at an additional cost. There are only three (3) revisions to a logo, an exception is made in a circumstance where ARCTIC GREY, LTD. designers completely missed a requested revision, or a detail within one of the revision requests. Please note, if the Client does not provide any design input (leaving full creative control to ARCTIC GREY, LTD. designers) prior to the first version of the of the logo being developed, runs the risk of losing one (1) valuable revision opportunity. We highly suggest you provide ARCTIC GREY, LTD. designers with as much information as possible, in order to ensure the logo can be completed to your expectations.
Creating an ADA or DDA Compliant Site. Currently, you can improve your site's accessibility by request and for an additional fee. However, we cannot guarantee or ensure that the use of our services is compliant with all accessibility laws and worldwide regulations. Arctic Grey, Ltd. is not responsible for reviewing and complying with local legislation applicable to you or to your site visitors. Furthermore, there are some platforms such as Wix.com and others, that do not facilitate ADA or DDA Compliance as you'll see in this article.
Privacy, Personal Information Protection. ARCTIC GREY, LTD. is serious about the protection of its employees, shareholders or its partner’s personal information being disclosed to the public, and has adopted policies in order to protect that privacy. ARCTIC GREY, LTD. has policies and procedures in place for the sole purpose of protecting the privacy and safety of its employees, shareholders and partners. ARCTIC GREY, LTD., its shareholders and employees, may use employee numbers, aliases, pseudonym or alternate titles in order to protect their privacy and safety and the privacy and safety of the company. ARCTIC GREY, LTD., its shareholders, employees and subcontractors will use aliases or pseudonyms for its WhiteLabel partners, in order for ARCTIC GREY, LTD. to remain transparent to partner’s clientele. The use of aliases, pseudonym or alternate titles, is strictly for protection and safety of ARCTIC GREY, LTD. shareholders, employees, partners and its subcontractors, and not intended to mislead or misrepresent. ARCTIC GREY, LTD. shareholders, employees, partners and its subcontractors using aliases, pseudonym or alternate titles state true facts and deliver on all promises made on the ARCTIC GREY, LTD. behalf.
Client Testimonial Release Agreement: I hereby grant permission to Arctic Grey Ltd for the ongoing use of my Testimonial, whether written or video. This Testimonial may be used for:
Promotion on the Arctic Grey website (arcticgrey.com), and/or email campaigns, and/or advertising campaigns.
I irrevocably grant to Arctic Grey Ltd, its parent, subsidiaries, affiliates, successors, and those acting with its authority (hereinafter collectively referred to as “AG”), with respect to all materials referenced above, including all text, names, likenesses, artwork, images and the like, including all trademarks, copyrights and derivative rights thereto (collectively referred to herein as the “Testimonial”), the right, for promotional purposes only, to make use of, reproduce, modify, and to otherwise utilize the Testimonial by any means, methods and technologies now known or hereafter discovered.
I irrevocably waive all rights and release AG from, and shall neither sue nor bring any proceeding against any such parties for any claim, whether now known or unknown, for any right based upon or relating to the use and utilization of the Testimonial. There shall be no obligation to utilize this authorization.
I represent and warrant to AG that: (i) I have the power and authority to enter into this Agreement and to perform its obligations; and (ii) the Testimonial or any related materials will not violate the rights of any third party and will not give rise to any claim of violation of any right based upon or relating to the use of the Testimonial. I indemnify and hold harmless AG from any damage or cost (including reasonable attorneys’ fees), arising out of the use or distribution of the Testimonial.
This Release represents our entire agreement regarding the subject matter hereof and supersedes all previous representations, understandings or agreements between the parties. No waiver, modification or cancellation of any term or condition of this Release shall be effective unless signed in writing by AG and me. This Release shall be construed and controlled by the laws of London, England. If any part of this Release is found to be invalid, such invalidity shall not affect the remainder of this Release. If either party employs attorneys to enforce any rights arising out of or relating to this Release, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs, including expert witness fees. The parties hereby consent to venue and personal jurisdiction in London, England.
Telephone Monitoring, Recording, and Contacts. ARCTIC GREY, LTD. may choose to monitor and/or record telephone calls with Business and its owners, employees or agents without further notice. These calls are monitored and/or recorded solely for evaluation by supervisors, training, monitoring for compliance purposes, collections, and quality control. By agreeing to Proposal A-Z, you agree that any calls between ARCTIC GREY, LTD. or its agents and representatives and you or a representative of your business may be monitored and/or recorded for these purposes. The Client further agrees that: (i) it has an established business relationship with ARCTIC GREY, LTD. and may be contacted from time to time regarding project status or payment related issues; (ii) such contacts are not considered unsolicited or inconvenient; and (iii) any such contact may be made using any cellular or other telephone number that Business or its representative has provided to ARCTIC GREY, LTD., using any e-mail address the Client or its representatives have provided to ARCTIC GREY, LTD., or using an automated dialing and announcing or similar device, unless prohibited by law. This authorization is binding upon Client agreeing to the proposal or making the first payment and will not be deemed withdrawn or revoked should ARCTIC GREY, LTD. determine not to continue future projects with the Client.
Legal Notice. Notwithstanding anything to the contrary contained in this contract, neither ARCTIC GREY, LTD. nor any of its employees or agents, warrant that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Design Project is with the Client. In no event will ARCTIC GREY, LTD. or its employees be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, you or your site visitor's computer or Internet software, even if ARCTIC GREY, LTD. has been advised of the possibility of such damages.
Arbitration. EITHER PARTY MAY ELECT TO RESOLVE ANY CLAIMS OR DISPUTES RELATED TO THIS AGREEMENT BY NEUTRAL, BINDING ARBITRATION. AN ELECTION TO ARBITRATE A DISPUTE MAY BE MADE BY ANY PARTY BEFORE FILING A LAWSUIT OR IN RESPONSE TO A CLAIM, COUNTERCLAIM, OR CROSS CLAIM. ANY ARBITRATION HEARING AT WHICH BUSINESS APPEARS WILL TAKE PLACE WITHIN LONDON, ENGLAND. IF ARBITRATION IS ELECTED, THE PARTY INITIATING THE ARBITRATION PROCEEDING MAY SELECT FROM THE FOLLOWING ARBITRATION ORGANIZATIONS, WHICH WILL APPLY THE APPROPRIATE RULES FOR COMMERCIAL CLAIMS TO ARBITRATE THE DISPUTE: AMERICAN ARBITRATION ASSOCIATION (“AAA”), OR ANY OTHER ORGANIZATION THAT PURCHASER APPROVES. THE PARTY INITIATING THE ARBITRATION PROCEEDING WILL ASSUME ALL ARBITRATION COSTS. JUDGMENT UPON ANY ARBITRATION AWARD MAY BE ENTERED IN ANY COURT IN ANY STATE. NO CLAIM SUBMITTED TO ARBITRATION WILL BE HEARD BY A JURY. ARBITRATION WILL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (9 U.S.C. § 1 ET. SEQ.) AND NOT BY ANY STATE LAW CONCERNING ARBITRATION. THIS ARBITRATION SECTION WILL SURVIVE ANY TERMINATION OR TRANSFER OF THIS AGREEMENT. IF ANY PART OF THIS ARBITRATION CLAUSE, OTHER THAN WAIVERS OF CLASS ACTION RIGHTS, AS SET FORTH BELOW, IS DEEMED OR FOUND TO BE UNENFORCEABLE FOR ANY REASON, THE REST WILL REMAIN ENFORCEABLE. IF A WAIVER OF CLASS ACTION RIGHTS IS DEEMED OR FOUND TO BE UNENFORCEABLE FOR ANY REASON IN A CASE IN WHICH CLASS ACTION ALLEGATIONS HAVE BEEN MADE, THE REMAINDER OF THIS ARBITRATION CLAUSE WILL BE UNENFORCEABLE.
EACH PARTY HERETO WAIVES ANY RIGHT TO ASSERT ANY CLAIMS AGAINST ANY OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY PUBLIC POLICY. TO THE EXTENT ANY PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST ANY OTHER PARTY, THE PARTIES HEREBY AGREE THAT: (1) THE PREVAILING PARTY WILL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (2) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
This Agreement. This legal agreement, the “Proposal A-Z” or “Annexure A-Z” and constitutes the sole agreement between ARCTIC GREY, LTD. and the Client regarding this Web Design Project. After the initial 15 day Refund Guarantee period, this contract can only be canceled at the sole discretion of ARCTIC GREY, LTD. Any additional work not specified in this agreement or any other amendment or modification to this agreement must be authorized by a written request signed or agreed via email by both Client and ARCTIC GREY, LTD. All prices specified in this contract will be honored for 3 months after both parties agree to the contract. Continued services after that time will require a new agreement.
The undersigned hereby agree to the terms, conditions and stipulations of this agreement.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and agreed by both parties.
By Client (Electronically Consent – IP, Time and Date is Logged) – No Signature Needed
ARCTIC GREY, LTD. - ARCTIC GREY - No Signature Needed, Valid only After Receipt of Advance Payment