aritechdesign.com

Terms and Conditions

1) Acceptance of Terms.

Welcome to [ARITECHDESIGN], We are excited to work with you. These Terms and Conditions  govern the services we provide. By engaging with our services, you agree to be bound by these Terms.

2) Definitions

– Agency” means Aritech Design, a web design agency with operations in Cameroon and offers web digital services worldwide.
– “Client” means the entity or individual engaging the Agency’s services.
– “Works” means all creative works, including but not limited to website design, graphics, logos, and code, created by the Agency for the Client.

3) Services We offer

 

  • Custom web applications.

  • UI/UX Design: Designing user interfaces and user experiences for digital products.

  • Search Engine Optimization (SEO): Improving your website’s visibility on search engines.

  • Google Ads Management: Creating and managing Google advertising campaigns.

The specific details, scope, and deliverables of your project will be outlined in a separate Project Proposal or Statement of Work.

4)Intellectual property rights.

– The Agency retains ownership of all intellectual property rights in the Works, including but not limited to copyrights, trademarks, and trade secrets.
– The Client acknowledges that the Agency’s intellectual property rights are protected under applicable laws, including but not limited to:
– Cameroon: Law No. 2011/012 of 6 May 2011 relating to Copyright and Neighboring Rights.
– Africa: African Regional Intellectual Property Organization (ARIPO) and Organisation Africaine de la Propriété Intellectuelle (OAPI) agreements.
– USA: Copyright Act of 1976 (17 U.S.C. § 101 et seq.) and the Digital Millennium Copyright Act (DMCA).
– Europe: Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market.

i)LICENSE TO USE INTELLECTUAL PROPERTY

– The Agency grants the Client a non-exclusive, non-transferable license to use the Works for the intended purpose, subject to the terms of this agreement.
– The Client may not:
– Reproduce, distribute, or modify the Works without the Agency’s prior written consent.
– Use the Works for any purpose other than the intended purpose.

ii) STOCK IMAGES AND FREE RESOURCES

– The Agency may use stock images or free resources from third-party providers, subject to the terms and conditions of those providers.
– The Client acknowledges that the Agency does not own the rights to these stock images or free resources and will not claim ownership or attempt to register them as their own.

iii) INDEMNIFICATION

– The Client agrees to indemnify and hold harmless the Agency against any claims, damages, or losses arising from:
– The Client’s use of the Works in a manner not authorized by this agreement.
– Any infringement of third-party intellectual property rights.

iV) COPYRIGHT NOTICE

– The Agency reserves the right to display a copyright notice or credit on the Works, unless otherwise agreed upon in writing.

V) Retention

  • Upon full payment, you will own the copyright to the final design and code of the website or web application.

  • We retain the right to use the completed project and your name in our portfolio and for marketing purposes.

  • We also retain ownership of all preliminary designs, source files, and any technology or code that is not specific to your project.

 

Vi)TERMINATION

– Upon termination of this agreement, the Client will cease using the Works and return or destroy any copies.

Vii) GOVERNING LAW AND JURISDICTION

– This agreement will be governed by and construed in accordance with the laws of Cameroon.
– Any disputes arising from this agreement will be resolved through arbitration in accordance with the rules of the International Chamber of Commerce (ICC).

5)Confidentiality Agreement

This Confidentiality Agreement (“Agreement”) is entered into by and between Aritech Design (“the Company”) and its clients, contractors, and partners (“the Receiving Party”) to protect the confidentiality of sensitive information.

i) CONFIDENTIAL INFORMATION

– “Confidential Information” means all information, whether written or oral, tangible or intangible, that is disclosed by the Company to the Receiving Party, including but not limited to:
– Business strategies and plans
– Technical data and specifications
– Client information and data
– Trade secrets and proprietary information
– Any other information marked as confidential or that a reasonable person would understand to be confidential

ii)OBLIGATIONS OF THE RECEIVING PARTY

– The Receiving Party agrees to:
– Keep the Confidential Information confidential and secure
– Not disclose the Confidential Information to any third party without the Company’s prior written consent
– Use the Confidential Information only for the purpose of performing services for the Company or as otherwise authorized in writing
– Take reasonable measures to protect the Confidential Information, including but not limited to:
– Encrypting electronic data
– Limiting access to authorized personnel only
– Keeping physical documents in a secure location

iii) EXCLUSIONS

– The Receiving Party’s obligations under this Agreement do not apply to Confidential Information that:
– Is or becomes publicly available through no fault of the Receiving Party
– Is lawfully received from a third party without restriction on disclosure
– Is independently developed by the Receiving Party without use of the Confidential Information

iV)TERM AND TERMINATION

– This Agreement will commence on the date of signing and will continue in effect for a period of [till the end of the contract with the client] from the date of disclosure of the Confidential Information.
– Upon termination of this Agreement, the Receiving Party will return or destroy all Confidential Information.

V) REMEDIES

– The Receiving Party acknowledges that any unauthorized disclosure or use of the Confidential Information may cause irreparable harm to the Company, and agrees that the Company may seek injunctive relief, in addition to any other available remedies.

Vi) GOVERNING LAW AND JURISDICTION

– This Agreement will be governed by and construed in accordance with the laws of Cameroon.
– Any disputes arising from this Agreement will be resolved through arbitration in accordance with the rules of the International Chamber of Commerce (ICC).

6)Limitation of Liability

Our liability to you for any cause of action is strictly limited to the amount you have paid us for our services. We are not liable for any lost profits or other consequential damages.

7)Termination

  • Either party may terminate this agreement with [11 Days] days written notice notifying the other party 3 days ahead. If after 11 days a party fails to meet up and still wishes to terminate the contract, then he must meet with the other party and have a written agreement with a 5% charges fee  on the sum paid by the client This is the only condition where additional charges may apply. 

  • If you terminate the project before completion, you will be responsible for payment for all work completed up to the date of termination.

  • We reserve the right to terminate the project immediately if you fail to comply with these Terms and refunds will be made to the client after our costs has been deducted from the specified sum paid by the client.

8) Disclaimer

i) General Disclaimer

Aritech Design provides web design and other digital services, and while we strive to ensure the accuracy, reliability, and quality of our services, we make no warranties, express or implied, regarding the performance, results, or outcome of our services.

ii) Limitation of Liability

In no event will Aritech Design be liable for any damages, including but not limited to incidental, consequential, or punitive damages, arising out of or related to the use of our services, even if advised of the possibility of such damages.

iii) Accuracy of Information

Aritech Design relies on information provided by clients and third-party sources. We do not guarantee the accuracy, completeness, or reliability of such information and will not be liable for any errors or omissions.

. External Links

Aritech Design’s website may contain links to external websites. We are not responsible for the content, accuracy, or reliability of these external websites and do not endorse their products or services.

iV) External Links

Aritech Design’s website may contain links to external websites. We are not responsible for the content, accuracy, or reliability of these external websites and do not endorse their products or services.

V) Intellectual Property

Aritech Design respects intellectual property rights. However, we are not liable for any claims of intellectual property infringement or other disputes arising from the use of our services.

Vi) Service Interruptions

Aritech Design strives to provide uninterrupted service. However, we are not liable for any service interruptions, delays, or failures due to circumstances beyond our control, including but not limited to technical issues, network outages, or natural disasters.

Vii) No Warranty

Aritech Design provides services “as is” and “as available” without warranty of any kind, express or implied.

Viii) Changes to Disclaimer

Aritech Design reserves the right to modify this disclaimer policy at any time without prior notice.

By engaging Aritech Design’s services, clients acknowledge that they have read, understood, and agree to the terms of this disclaimer policy.

This disclaimer policy helps protect Aritech Design from potential liabilities and clarifies the scope of our services and responsibilities.

9) PAYMENTS AND DELIVERY

i)Payment Methods

Aritech Design accepts the following payment methods:

– Mobile Money payments
– Orange Money payments
– Bank transfer payments (available soon)

ii) Payment Structure

– A deposit of 70% of the total project cost is due before the commencement of work.
– The balance of 30% is due upon completion of the project, before delivery to the client.

iii) Payment Terms

– Payment is due according to the payment structure outlined above.
– Late payment may incur additional fees or delays in project delivery.

iv) Mobile Money Payments

– Mobile Money payments will be made available when you order a service.
– Payment confirmation will be sent to the client via SMS or email.

v) Orange Money Payments

– Orange Money payments will be made when you order a service.
– Payment confirmation will be sent to the client via SMS or email.

vi) Bank Transfer Payments

– Bank transfer payments will be available soon.
– Details for bank transfer payments will be provided to clients upon request.

vii) Payment Confirmation

– Aritech Design will confirm payment receipt via email or SMS.
– Clients should retain proof of payment for their records.

viii) Changes to Payment Terms

– Aritech Design reserves the right to modify these payment terms and conditions at any time without prior notice.

ix)Project Commencement

– Work on the project will commence upon receipt of the 70% deposit payment.

x) Project Delivery

– The project will be delivered to the client upon receipt of the balance payment, the Client has 5 days after the completion of the project to pay the balance or incur a 5% charges on the total amount.
– The client will be notified when the project is complete and ready for delivery.

By engaging Aritech Design’s services, clients acknowledge that they have read, understood, and agree to the terms of this payment policy.

10) Refund Policy

If a client changes his mind about wanting a service he must notify AritechDesign as soon as possible, if work had commenced but not completed, the client will be responsible for all costs incurred a 10% charges fee on the total amount for bridging the contract.

There is no refund if work has been completed and delivered, the client evaluates it expresses satisfaction and completes the 30% payment, here no refunds can be made.

In a situation where the client is not satisfied with the work after completion, he has the right to express his dissatisfaction and ask for a redo of the project or the area in which he is not satisfied in, AritehDesign will be responsible for all the cost incurred in redoing the work. Clients have a max limit of 2 demands for the redo of a project and if client is still not satisfied, 50% of his total payment will be refunded and the rest will be used to settle expenses incurred, AritechDesign urges all it’s clients to be very intentional in the description of their projects needs , We will put in our utmost best to understand the client a 100% before we commence working on the project.

11)Website Contents Update and Maintenance.

i) Scope of Work

Aritech Design will update and maintain the website content as agreed upon with the client.

ii)  Content Updates

– The client is responsible for providing accurate and timely content updates to Aritech Design.
– Aritech Design will make reasonable efforts to implement content updates in a timely manner.

iii) Maintenance Services

– Aritech Design will perform regular website maintenance to ensure the website’s stability, security, and performance.
– Maintenance services include:
– Software updates
– Bug fixes
– Security monitoring

iV) Client Responsibilities

– The client is responsible for:
– Providing accurate and complete information for content updates
– Notifying Aritech Design of any changes or updates required
– Ensuring compliance with applicable laws and regulations

V) Payment Terms

– The client will pay Aritech Design for content update and maintenance services according to the agreed-upon payment schedule.
– Payment methods and terms are outlined in the payment policy.

Vi) Termination

– Either party may terminate this agreement with [11 days] written notice.
– Upon termination, Aritech Design will:
– Cease website maintenance and content updates
– Provide the client with website access and documentation and the cost for work done deducted with a 10% charges of the total sum paid if client terminates the contract.

Vii)  Intellectual Property

– The client retains ownership of the website content.
– Aritech Design retains ownership of any proprietary technology or solutions used in website development and maintenance.

Viii) Changes to Terms

– Aritech Design reserves the right to modify these terms and conditions at any time without prior notice.

12)TERMS FOR CLIENT INFORMATION COLLECTION

. i) Information Collection

Aritech Design collects client information, including:

– Name
– Email address
– Phone number
– Address
– Other relevant information necessary for our services

ii) Purpose of Collection

We collect this information to:

– Provide our services
– Communicate with clients regarding projects and updates
– Improve our services
– Respond to client inquiries

iii) Data Protection

Aritech Design is committed to protecting client information and ensuring its confidentiality. We will:

– Store client information securely
– Limit access to authorized personnel only
– Implement reasonable security measures to prevent unauthorized access or disclosure

iV) No Spamming

Aritech Design promises not to spam clients with unsolicited emails or messages. We will only send relevant and necessary communications.

V) Data Sharing

We will not share client information with third parties without prior consent, except:

– As required by law
– To protect our rights and interests

Vi)  Client Rights

Clients have the right to:

– Access their information
– Request corrections or updates
– Request deletion of their information (where possible)

Vii) Consent

By providing their information, clients consent to Aritech Design’s collection, storage, and use of their information as outlined in this policy.

13) COOKIES AND TRACKING POLICY

i) Cookie Usage

Aritech Design uses cookies and similar technologies to:

– Enhance user experience
– Analyze website performance
– Track user behavior
– Provide personalized content

ii) Types of Cookies

We use the following types of cookies:

– Essential cookies: necessary for website functionality
– Analytical cookies: track website performance and user behavior
– Functional cookies: enhance user experience and provide personalized content

iii) Cookie Duration

Cookies may be:

– Session cookies: deleted when you close your browser
– Persistent cookies: stored on your device for a specified period

iV) Tracking Technologies

We use tracking technologies, including:

– Google Analytics
– Other third-party analytics tools

V) Data Collection

We collect data, including:

– IP addresses
– Browser types
– Device types
– Pages visited
– Time spent on website

Vi)  Data Use

We use collected data to:

– Improve website performance and user experience
– Analyze user behavior and preferences
– Provide targeted advertising

Vii) Opt-Out Options

You can opt-out of cookie tracking by:

– Adjusting your browser settings
– Using opt-out tools provided by third-party analytics services

Viii) Changes to Cookie Policy

Aritech Design reserves the right to modify this cookie policy at any time without prior notice.

iX) Consent

By using our website, you consent to our use of cookies and tracking technologies as outlined in this policy.

14) CHANGES TO TERMS AND CONDITIONS

Aritech Design reserves the right to modify or update these Terms and Conditions at any time without prior notice. Changes will be effective immediately upon posting on our website.

i) Your Continued Use

By continuing to use our website or services, you acknowledge that you have read, understood, and agree to the updated Terms and Conditions.

ii) Reviewing Changes

We encourage you to regularly review our Terms and Conditions to stay informed about any changes.

iii) No Notice Requirement

You agree that Aritech Design is not required to provide prior notice of changes to these Terms and Conditions.

iv) Binding Agreement

These Terms and Conditions, as updated from time to time, constitute a binding agreement between you and Aritech Design.

This clause allows Aritech Design to make changes to its Terms and Conditions without prior notice, while also informing users of their responsibility to regularly review the terms.

15) GOVERNING LAW AND JURISDICTION

i) Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of [Cameroon].

ii) Jurisdiction

Any disputes arising out of or related to these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of [Cameroon]

iii)  Dispute Resolution

In the event of a dispute, both parties agree to submit to the jurisdiction of the courts of [Cameroon] and to resolve the dispute in accordance with the laws of [Cameroon].

By engaging Aritech Design’s services, clients acknowledge that they have read, understood, and agree to the terms of this governing law and jurisdiction clause.

This clause specifies the governing law and jurisdiction for any disputes arising from the Terms and Conditions, providing clarity and certainty for both parties.

16) Contact Us

 

i) Contact Information

Aritech Design can be contacted through:

– Email: [aritech@mail.com
– Phone: [+(237)682-431-664]

[+(237) 6 86 58 86 35]

– Physical Address: [

Address 1: Bonaberi, Douala

Address 2: Checkpoint, Buea]
– Contact Form: []

ii) Communication

– Communications through the contact form or email will be responded to in a timely manner.
– Phone calls will be answered during business hours [insert business hours].

iii) Information Provided

– When contacting us, please provide accurate and complete information.
– We will use the information provided to respond to your inquiry or request.

V) Confidentiality

– We will maintain the confidentiality of information shared with us.
– However, we may disclose information as required by law or to protect our rights and interests.