Effective Date:  14/09/2024

 

By accessing https://arkerslabs.com/ (the website owned and managed by Arkers Labs (Pvt) Ltd, a company duly incorporated and registered under the laws of Sri Lanka and bearing registration number PV00221184 and having its business office at No 24/1 A, Paraththa Road, Gorakana, Keselwatte (unless repugnant to the text or meaning thereof mean Arkers Labs (Pvt) Ltd its successors and permitted assigns ), you agree to accept and be bound by the Terms and Conditions specified herein as well as any other rules and policies of the Site that Arkers Labs may publish from time to time.

 

This is an agreement between you or the entity that you represent (hereinafter “Client” or “You” or “Your”) and Arkers Labs (Pvt) Ltd, (hereinafter “Technical Writer” or “Arkers Labs” or “we” or “our” or “us”) governing your use of this website.

 

You must be of legal age (above 18) . If you are below the age of 18,  you will be considered a minor and you must only access the website under the perusal of a legal guardian. It is mandatory to fulfill either one of the above conditions to enter into a binding agreement in order to accept the Terms and Conditions. If you do not agree to the Terms and Conditions, please do not access the website. By accessing https://arkerslabs.com/ you are agreeing that you have read, and agree to comply with, and be bound by, the terms of this agreement in their entirety without limitation or qualification.

 

1. DEFINITIONS

Quote	This means the quotation sent by us for the inquiry you made based on the number of words, subject matter, and other context stating the price, delivery timeline, and any other detail.
Services	This means the services that are more fully described in Clause 02.
Site	This means the website https://arkerslabs.com/ which is owned and maintained by Arkers Labs.
Work	This means the deliverables are to be provided by Arkers Labs through Services including but not limited to proposals, web content, and IT or IT-NonTechnical Writing Work.

2. DESCRIPTION OF SERVICE

1. The following are the Services offered by us:

1. Grants and Proposal Writing

The proposal/document/paperwork will be prepared according to the requirements/directions given by you. The program/project budget breakdown (without values) is developed by Technical Writer and value mapping support could be provided. However, the exact budget for each item has to be decided and validated by the Client. While Technical Writer will deliver a complete proposal/document/paperwork, the approval/ award of a project/grant is with the authorized entity or the organization to which the proposal/ document/paperwork is submitted and is fully outside our control of us. Even the most well-crafted, compelling documents get turned down, at no fault of the Technical Writer. Proposal/ documents/ paperwork succeed or fail for a number of reasons, including but not limited to competition and available funding, most of which are out of the Technical Writer’s control.

 

2. Technical, Business, Creative, and Web Content Writing

The Work will be provided as per the requirements/directions provided by you. Technical, Business, Creative, and Web Content Writing Services, content matching with the requirement has to be evaluated by the Client before the acceptance.

 

3. Website Design and Website Redesign

We will provide 2-3 design options upon your quote request. Only upon your acceptance of the design options proposed the project is initiated and the quote forwarded/ billed. To initiate the project you have to make a 50% advance payment of the quoted amount. Development is performed in our hosting and server. The remaining payment has to be made when the file and database are transferred to your hosting. You have to provide hosting and a domain name for your site to be hosted. We can support you with the purchasing process with recommendations if you do not currently have a hosting or a domain name. Only a basic and Complete. SEO is totally based on the content provided by you. We will provide minimal content enhancements. If you need content as a service you can request it as a separate service request. We will provide support with submitting the sitemap to the Google search console. Google Analytics integration is included in all web developments. Speed Optimization, CDN, Firewall, and SSL Installation will be done. For eCommerce websites, the payment gateway has to be provided by the client and only integration support is provided by us. We will upload products as per the provided quotation. Shipping services coordination has to be done by the client. Only compatible integrations are done for shipping and we will set up the shipping process accordingly. The client has to provide the content and images during the development process. Text content should be delivered as a Microsoft Word document with the pages in the supplied document representing the content of the relevant pages on your website. The Images have to be provided as a DropBox or Google Drive Link. Arkers Labs makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). The client agrees that Arkers Labs cannot guarantee correct functionality with all browser software across different operating systems. Arkers Labs cannot accept responsibility for web pages that do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, Arkers Labs reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software. We are developing a fully mobile responsive website still the website might not work for all mobile/ smartphone brands. But we will ensure the website works properly on major and popular devices. You have to test the site within 15 days and report any bug fixes to be fixed free of charge. The bugs or issues are reported after 15 days separately billed. The client is responsible for taking regular backups of the website to be restored in a failure.

 

Note: Google search console error fixing is not covered in the development scope of work.

 

4. Search Engine Optimization (On page)

Search engine optimization is a long-term process. We are unable to expedite the process and the process will take 3-6 months to get maximum benefits from search engine optimization. On-Page Search Engine Optimization is only one factor that matters for Google’s ranking. There are many other factors like backlinks, domain authority, website traffic, page speed, and content quality we are not covering but directly impacting the search engine rankings. During Search engine optimization quote requests we will perform an initial feasibility study to provide a quote and recommendation for content changes. The quote includes recommendations we propose for your website and the current search engine status of your website. In search engine optimization we have to be allowed to change the content and optimize the images. The search engine optimization is performed in our server environment and finally upon payment settlement transferred to your server environment.

 

5. Web/ Grant/ SEO Consultation and Strategy Documents

All consultation/educational sessions and web strategy documents provided by Arkers Labs do not amount to any professional advice and your reliance on any information available through the Site or links or Materials is solely at your own risk.

 

6. Service Subscriptions and Packages

Arkers Labs offers multiple subscriptions to support client needs. The client has to make the payment to Arkers Labs monthly to renew the subscription through the facilitated method without any delay and on time. In case of client fails to meet the subscription guidelines it will terminated and the client will have to pay a subscription fee due to the current date to renew the subscription. Arkers Labs has the right to enforce any limits during subscription execution. Web Design and SEO Services will be enabled from 3rd month of service and will operate as the general service policies except for payment and delivery methods.

 

2. Once we have received an inquiry, we will provide a quote solely based on the information you provided. A Quote is valid for 5 days.  we will commence writing after your confirmation of the quotation. 
3. The Work will be provided solely based on the information/directions/requirements provided by you. The information/directions/requirements provided by you have to be specific and precise.
4. Any changes to the Work including word count/content changes/ can be requested prior to the commencement of the Services.
5. If a change is requested after the commencement of the Work, it can amount to a change in the fee and the delivery timeline. Further, we reserve the right even to refuse the change. The refusal of change does not relieve you from your obligation to pay the total fee.
6. Technical Writer will not be liable for any delays or technical problems in the delivery of the paper, resulting from any malfunction of your mail server or your Internet Service Provider.

3. DELIVERY 

1. The Work will be delivered as per the delivery timeliness provided in the Quote/informed prior by us. The Services will commence on the following working day upon client confirmation of the quotation.
2. The Work will be initially delivered electronically through the Google Drive link (only for viewing) or as Image files in PNG/ JPEG format for review. It has to be approved or requested with revisions within seven (7) days.
3. In the event, no requests are made for revisions within seven (07) days from the date of initial delivery, it is deemed the Work is accepted by you and we will deliver the final Work as a Word/PowerPoint/ Other Document/ Source File Format. The final Work will be delivered to your email address upon the full payment.
4. In the event you need revisions, you are required to inform us prior to the expiry of seven (07) days from the date of initial delivery, specifying the exact revisions required. We will provide only two revisions free of charge. Revisions will amount to minor adjustments and should not amount to major changes such as additional requirements,  word count increases, etc. A revision will be performed within three(3) working days from the date of request of the revision days or within days informed by us, whichever is higher. Once revised we will deliver the final Work as Word/PowerPoint/ Other Document/ Source File Format to your email address. 
5. If you want the Work to be revised after using two available revisions, you have to place a new order for editing/proofreading for a price quoted by us. We will perform the additional revision within 3 working days or within days informed by us, whichever is higher, from the date of the payment of the additional revision fee.
6. We will not be responsible for delays caused to the deadline due to approval delays or revision request dates by the Client

 

 4. PAYMENT AND REFUND

1. Payments are to be made by you 50% upfront and the remaining 50% upon the initial delivery of the Work to you. Payment Links are utilized for facilitating the payments through Arkers Labs (Pvt) Ltd.
2. Payments are non-refundable and payments are non-transferable.
3. Refunds will be considered only based on Arkers Labs Management Decisions. We do not offer refunds for any other reasons including but not limited to failure in non-acceptance of grants, or proposals.
4. Technical Writer can accommodate changes for the final payment while giving reasons before delivering the final work in unavoidable writing scope changes.
5. If a client declines to make a payment, we hold the right to use the produced work for other commercial purposes including publishing online and using it as samples.

 

5. CANCELLATION OF ORDER

1. Technical Writer has the exclusive right to cancel the order anytime giving or without giving a reason with or without a refund due to misconduct of a client or any other unavoidable circumstances.
2. Once an order is made by you by confirming the quotation, even if you cancel the order the full payment has to be paid to us.

 

6. RISK ASSUMPTION

1. We may not respond to all service quote requests due to policies and workload. Reliance on the service is at your own risk.
2. Use of https://arkerslabs.com/ services is at your sole risk.

 

7. REPRESENTATIONS AND WARRANTIES

You represent and warrant us;

1. That all information given to us by you is true and accurate in all respects.
2. You have the legal ability and standing to execute this Agreement without the consent of any other person or entity.
3. You will not attempt to grant in the future, any person or entity any rights or interest in the Work or in the copyright in the Work.
4. You are not committing any illegal/unethical activity, dishonesty, and/or fraud and you will not hold us accountable for your actions.
5. You will use the Work only for your personal or business use.

 

8. MODIFICATION OF TERMS OF SERVICE

1. We may modify the Terms and Conditions without or upon notice to you at any time through a service announcement. Your continued use of our Service after the effective date of any change to the Terms will be deemed to be your acceptance of the modified Terms.
2. Arkers Labs will also endeavor to remove Arkers Labs’ content from any search engines. However, the Arkers Labs team has no control over the search engine removal process.

 

9. CONFIDENTIALITY

1. You agree to hold confidential all personal and other information including but not limited to correspondence between you and us and account details of us. Should there be a violation of this policy, you understand that Arkers Labs reserves the right to take necessary actions including but not limited to cancellation of the order with no refunds.
2. You will indemnify Arkers Labs against any claims arising from your breach of confidentiality.
3. This clause survives the termination of the agreement.

 

10. PERSONAL INFORMATION AND PRIVACY

The personal information you provide to Arkers Labs (Pvt) Ltd. through the Service is governed by our privacy policy accessible via https://arkerslabs.com/privacy-policy/. Your election to use the Service indicates your acceptance of the terms of the privacy policy and you are responsible for maintaining the confidentiality of your username, password, and other sensitive information.

 

 

11. SECURITY AND UPTIME

1. All platform security and 99.9% uptime are assured by Arkers Labs.
2. All technical issues have to be submitted via email ([email protected]) based on the immediate support required. The team will address technical failures within 72 hours on weekdays and 96 hours on weekends.
3. For issues with service failures, you are required to support the Arkers Labs team with the escalation plans.
4. It is the sole responsibility of you to ensure their security, privacy, and safety, at all times, when using the Site and Services. You shall bear any risk associated with the use of the Site and Services.
5. Arkers Labs will not be liable for any loss or damage to you as a result of your failure to ensure your security, privacy, and safety.
6. You agree to indemnify Arkers Labs for any losses and damages incurred by Arkers Labs as a result of your failure to ensure your security, privacy, and safety.

 

12. USE OF THE SITE

1. Technical Writer hereby grants you a limited, non-exclusive, non-transferable, license to access the Site solely for your personal, non-commercial use, provided that any accessible or downloaded content is used subject to the terms stated herein.
2. You shall not use the Services in the following ways;

1. transfer the Services/material or otherwise make it available to any third party;
2. use the Services in any manner that could damage, disable, overburden, impair, or harm any server, network, computer system, or resource of Arkers Labs (Pvt.) Ltd or any third party;
3. violate any applicable local, state, national, or international law; and
4. create a false identity/content to mislead any person as to the identity or origin of any communication.

 

13. ILLEGAL ACTIVITIES

You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe the intellectual property or other rights of another.

 

 

14. INTELLECTUAL PROPERTY

1. All the  Work and also contents included in or made available through the Site are the exclusive property of Arkers Labs, its affiliates, its contractors, or its partners and Arkers Labs will not confer any proprietary rights to you, and rights reserved whether proprietary or intellectual are protected under applicable proprietary, copyright, trademark and intellectual property law with Arkers Labs. 
2. You shall indemnify, hold harmless, and defend Arkers Labs its affiliates, and their respective officers, directors, and employees from any damages, losses, liabilities, or costs (including but not limited to legal costs on a full indemnity basis) based on a claim that you infringe any third party’s intellectual property.
3. Arkers Labs grants you a non -transferrable exclusive right to use the Work. The license is granted only upon the payment by you of the full fee agreed for the Services and Work. In the event of the use/reproduction or any action of the Work prior to the payment of the full fee, amounts to a breach of the terms and conditions herein.
4. The Work can be used only for the purpose it was created. Any unauthorized reproduction, copying, modification, publication, or any use in a manner infringing the rights reserved including but not limited to re-sale, publication, and distribution is strictly restricted.

 

15. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE CONTENT; MATERIAL AND SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. ARKERS LABS (PVT.) LTD, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ARKERS LABS (PVT.) LTD, MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OR ANY THIRD PARTY’S HEALTH, LIFE, COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL OR YOUR ACTIONS. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM TECHNICAL WRITER, ITS EMPLOYEES, OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

 

 

16. LIMITATION OF LIABILITY

YOU AGREE THAT ARKERS LABS (PVT.) LTD, SHALL, IN NO EVENT, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR ANY OTHER DAMAGE OR ANY OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICES, SITE AND WORK EVEN IF ARKERS LABS (PVT.) LTD, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

 

17. INDEMNIFICATION 

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ARKERS LABS (PVT.) LTD, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, AND AFFILIATES, FROM AND AGAINST ANY LOSSES, DAMAGES, FINES, AND EXPENSES (INCLUDING ATTORNEY’S FEES AND COSTS) ARISING OUT OF OR RELATING TO ANY CLAIMS THAT ARISE DUE TO YOUR RELIANCE ON THE TECHNICAL WRITER OR CLAIMS ARISE DUE TO YOUR ACTIONS IN VIOLATION OF ANOTHER PARTY’S RIGHTS, PROPERTY, INTELLECTUAL PROPERTY RIGHTS, IN VIOLATION OF ANY LAW, IN VIOLATIONS OF ANY PROVISIONS OF THE TERMS, OR ANY OTHER CLAIM RELATED TO YOUR USE OF THE SERVICES.

 

 

18. ARBITRATION

You shall make a good-faith effort to resolve any disagreement arising out of, or in connection with, these Terms of Service through negotiation. If the parties fail to resolve, any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration as per the Arbitration Act No. 11 of 1995. Notwithstanding anything to the contrary, Arkers Labs (Pvt.) Ltd may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

 

 

19. SURVIVABILITY

The obligations and liabilities incurred by you prior to the termination, and suspension shall survive the termination of these Terms of Service for all purposes.

 

 

20. RELATIONSHIP

No joint venture, partnership, employer-employee relationship, or agency relationship exists between you and Arkers Labs as a result of this agreement or use of the Site. You shall not have the authority to bind Arkers Labs by any promise or representations.

 

 

21. ASSIGNMENTS

You may not assign any of your rights under these Terms of Service to anyone else. We may assign our rights to any other individual or entity at our discretion.

 

 

22. FORCE MAJEURE

The failure or delay of Arkers Labs (Pvt.) Ltd in the performance of any part of the Service, for any reason beyond our control, which includes, but is not limited to, acts of God, severe weather conditions, floods, earthquakes, embargoes, war, terrorist acts, riots, fires, nuclear accidents, strikes, power blackouts, volcanic action, epidemics, and pandemics shall not amount to a violation of this terms.

 

 

23. GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of the Democratic Socialist Republic of Sri Lanka. Any ambiguities in the construction of these Terms of Service shall not be construed against the drafting party.

 

 

24. SEVERABILITY

If any clause of these Terms of Services is unenforceable, then the rest of the Terms of Services will still be valid.

 

 

25. NON-WAIVER

The failure of us to enforce any right, power, or privilege provided under these Terms of Service shall not constitute a waiver of such right or provision. 

 

 

26. NOTICES

Any notice to you will be effective when we send it to the last email or physical address you have given to us. Any notice to us will be effective when delivered to us. You can contact us at [email protected].

 

If you have any questions or concerns regarding this Agreement, please contact us at [email protected]