Terms of Service

Terms of Service

Effective Date:  02/12/2023

By accessing www.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 “You” or “Your” or “Client”) AND ARKERS LABS (PVT) LTD,  (hereinafter “Arkers Labs” or “We” or “Our” or “Us”) GOVERNING YOUR USE OF THIS WEBSITE AND THE WEBSITE SERVICES. 

ACCEPTANCE OF THE TERMS

You must be of legal age (above 18) or minors must only access the website under the perusal of the legal guardian. It is mandatory to fulfill either one of the above conditions to enter into a binding agreement to accept the Terms. If you do not agree to the Terms, please do not access the website. By accessing https://www.arkerslabs.com, (hereinafter referred to as “Arkers Labs”) 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.  

DESCRIPTION OF SERVICE

1. 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.

You can opt for the services from basic, pro, and plus packages.

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 On-page SEO process is followed in the development process as per your package chosen. SEO is totally based on the content provided by you. We will provide minimal content enhancements based on the chosen package. 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 as per the package.

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 chosen package. 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.

2. Search Engine Optimization (Onpage)

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.

3. Website migration

You need to provide Cpanel access to the current hosting and propose hosting for the migration process.

We are only performing hosting transfers and we will not fix any website bugs not related to the website migration process.

Full payment has to be made for this service.

4. Website Speed Optimization

We will perform an initial feasibility study on your website and propose recommendations. Certain website themes are not supported to optimize in those cases we will not provide any quotations. To give a quotation you have to provide a copy of your website and examine and propose recommendations with the quotation.

We will be providing a comparison between the current speed and the newly optimized speed as a justification for the optimization process.

Your hosting performance is critical in the process of website speed optimization. We recommend WordPress hosting packages for the best performance outcomes

5. Consultancy Services

Grants succeed or fail for a number of reasons, including but not limited to competition and available funding, most of which are out of the Consultant’s control.

Search Engine Optimization relies on multiple factors controlled by search engines that are out of the consultant’s direct control. The exact ranking cannot be guaranteed.

Software projects are totally up to the project team and consultants can only influence or recommend changes. Still, we cannot guarantee the advice or consultancy will work since this is a remote consultation without a complete background study.

All consultancies are considered only as recommendations and the direction/execution of recommendations is totally up to you.

Information and consultancy pertaining to grants, search engine optimization, and software projects are not intended or implied to be a substitute for professional advice and consultancy services. All content, including text, graphics, images, and information, contained, obtained on, or available through this Site is for general information purposes only. Your reliance on any information available through this Site or consultancies is solely at your own risk.

No Cancellations are allowed upon scheduling an appointment. Only reschedules are supported based on feasibility.

We do not guarantee you will get a slot with Talk to Roshan Rupasinghe and Talk to a Pre-Sales Expert Services. No consultancy will be provided for these services. Video call is disabled in these services.

GENERAL TERMS

  • The services are delivered on the agreed date as per the quote forwarded. This may vary based on client inputs and other unavoidable circumstances.
  • In all services during the acceptance process, you have to go through the work and give us feedback within 15 days if there is any issue. Issues reported after 15 days are considered new development tasks and will be billed separately. (except consultancy)
  • We are performing only billed tasks and we are not fixing any additional bugs or fixes.
  • Certain services we use maybe not be supported with your themes, or hosting, in those events we will not be able to support you with your development or any other tasks.
  • The client agrees to reimburse Arkers Labs for any additional expenses necessary for the completion of the work. Examples would be the purchase of plugins, special fonts, stock photography, etc.

MODIFICATION OF TERMS OF USE

We may modify the Terms 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.

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://www.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. 

LICENSE GRANT 

Arkers Labs hereby grants you a limited, non-exclusive, non-transferable, license to access the Site and download the Materials solely for your personal, non-commercial use, provided that any accessible or downloaded content is used subject to the terms stated herein.

You may:

  1. temporarily store copies of such materials on your computer incidental to your accessing and viewing those materials;
  2. store files that are automatically cached by your web browser for display enhancement purposes;
  3. print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution; and
  4. You may download a single copy of the Materials to your computer or mobile device solely for your own personal, non-commercial use.

RESTRICTIONS ON USE

In addition to all other terms and conditions of this Agreement, you shall not: 

  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.

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. 

DATA OWNERSHIP

Arkers Labs (Pvt) Ltd has the sole ownership of all data and material available on the site and shall not be used other than as per these terms. Do not hesitate to contact Arkers Labs via [email protected], for any inquiries or intellectual property rights issues (hereinafter referred to as IP issues). 

TRADEMARK

Arkers Labs (Pvt.) Ltd name, Arkers Labs (Pvt.) Ltd logo is a trademark of ARKERS LABS (PVT) LTD. You agree not to display or use, in any manner, the Arkers Labs (Pvt.) Ltd trademarks, without Arkers Labs (Pvt.) Ltd’s prior permission. Do not hesitate to contact Arkers Labs via [email protected], for any inquiries or intellectual property rights issues.

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 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 ARKERS LABS, ITS EMPLOYEES, OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

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 SERVICE AND SITE, EVEN IF ARKERS LABS (PVT) LTD, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 

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  ARKERS LABS 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.

EXCLUSIONS

Arkers Labs hereby excludes itself, its Employees, and or Agents from all and any liability from:

  • Loss or damage caused by any inaccuracy;
  • Loss or damage caused by omission;
  • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website;
  • Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Arkers Labs to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

ARBITRATION

You shall make a good-faith effort to resolve any disagreement arising out of, or in connection with, these Terms of Use 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. The Arbitration proceedings shall be held in the city of Colombo and the language of the proceedings shall be in English/ Sinhala.

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.

SURVIVABILITY 

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

RELATIONSHIP 

No joint venture, partnership, employer-employee relationship, or agency relationship exists between you and Arkers Labs (Pvt) Ltd 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.

ASSIGNMENTS

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

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.

GOVERNING LAW 

These Terms of Use shall be governed by and construed by the laws of the Democratic Socialist Republic of Sri Lanka. And any ambiguities in the construction of these Terms of Use shall not be construed against the drafting party.

SEVERABILITY 

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

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.

PAYMENT AND CANCELLATIONS

  1. Payments are to be made by you 50% upfront and the remaining 50% before completed work transfer to your server or hosting resources except for website migration service. Payment Links are utilized for facilitating the payments through Arkers Labs (Pvt) Ltd.
  2. All billed invoices have to be paid within 5 days.
  3. All Payments are non-refundable and payments are non-transferable
  4. Arkers Labs has the exclusive right to cancel the order/ appointment anytime giving or without giving a reason with or without a refund due to misconduct of a client or any other unavoidable circumstances.
  5. Once an order is made by you by making the initial payment, even if you cancel the order the remaining fee has to be paid to us.

DEVICES AND ACCESS TO CONSULTANCY SESSIONS

  1. You have to log in to the session within 10 minutes of the scheduled time to avoid session cancellation.
  2. Only you are allowed to access the video session with one device (mobile device/ computer/ tablet device) after placing the appointment.
  3. For optimum service experience, a laptop/ desktop with a webcam is recommended. Still, tablet computers and smartphones with a front camera could support delivering the service.

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].

END OF TERMS OF USE

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