Effective Date: January 1, 2022
Last Updated: January 13, 2026
IMPORTANT NOTICE: PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SITE OR SERVICES. BY ACCESSING OR USING THE SITE AND/OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE OR SERVICES.
1.1.1 The terms "we," "us," "our," "Arla," "Arla Sites," and "Company" refer to Arla Sites, a service of Arla Group, a business entity organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal place of business at PO Box 29, Crown, PA 16220, United States.
1.1.2 The term "Company Parties" refers collectively to the Company and its affiliates, parent companies, subsidiaries, officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, service providers, successors, and assigns.
1.1.3 The term "Authorized Representative" refers to any officer, director, manager, or employee of the Company who has been granted authority to execute agreements, approve modifications, or make binding commitments on behalf of the Company.
1.2.1 The term "Site" or "Sites" refers to ArlaSites.com and any related subdomains, microsites, landing pages, client portals, project management systems, or web properties owned, operated, or controlled by the Company.
1.2.2 The term "Services" refers to all services offered by the Company, including but not limited to the following categories of services:
1.2.2.1 Website Services: website design, website development, website redesign, website migration, website maintenance, website updates, website security, website performance optimization, website accessibility compliance, landing page design and development, microsite development, and website auditing.
1.2.2.2 E-Commerce Services: e-commerce website development, online store setup and configuration, shopping cart implementation, payment gateway integration, product catalog management, inventory system integration, order management system implementation, and e-commerce platform customization.
1.2.2.3 Content Management System Services: WordPress development and customization, content management system implementation, CMS training, CMS migration, theme development, theme customization, and CMS security hardening.
1.2.2.4 Graphic Design Services: logo design, brand identity development, visual identity systems, print design, digital design, marketing collateral design, social media graphics, infographic design, icon design, and illustration.
1.2.2.5 Search Engine Optimization Services: on-page SEO, off-page SEO, technical SEO, local SEO, national SEO, international SEO, SEO auditing, keyword research, content optimization, link building, citation building, and SEO reporting.
1.2.2.6 Digital Marketing Services: content marketing, social media marketing, email marketing, pay-per-click advertising management, display advertising, remarketing campaigns, conversion rate optimization, marketing automation, and digital advertising strategy.
1.2.2.7 Consulting and Strategy Services: digital strategy development, marketing strategy, brand strategy, website strategy, user experience consulting, conversion consulting, analytics consulting, and business consulting.
1.2.2.8 Technical Services: custom web application development, API development and integration, database design and development, server administration, hosting services, domain registration assistance, SSL certificate installation, software integration, third-party platform integration, and technical support.
1.2.2.9 Training and Education Services: website training, CMS training, marketing training, SEO training, and digital skills training.
1.2.2.10 Ongoing Support Services: website maintenance plans, support retainers, managed services, and ongoing optimization services.
1.2.2.11 Any other services described on our Site, in any proposal, quote, invoice, Project Agreement, or other written or digital communication provided to you.
1.3.1 The terms "user," "customer," "client," "you," and "your" refer to any individual or entity that visits, accesses, or uses the Site and/or Services, whether or not such individual or entity has entered into a paid engagement with the Company.
1.3.2 The term "Authorized Contact" refers to the individual or individuals designated by you as having authority to communicate with the Company, provide instructions, make decisions, grant approvals, and bind you in connection with any project or engagement.
1.3.3 The term "End User" refers to any individual who accesses or uses a website, application, or other Deliverable created by the Company for you.
1.4.1 The term "Project Agreement" refers to any proposal, quote, estimate, statement of work, scope of work document, service agreement, contract, work order, change order, or other written or digital documentation that describes the specific services to be provided to you, the deliverables, timeline, pricing, payment terms, and other project-specific terms.
1.4.2 The term "Digital Agreement" refers to any agreement, confirmation, authorization, or approval communicated through electronic means, including but not limited to email, text message (SMS), Facebook Messenger, Instagram Direct Messages, WhatsApp, LinkedIn messages, Slack, project management platforms, client portals, online forms, electronic signature platforms, or any other digital communication platform or method.
1.4.3 The term "Oral Agreement" refers to any agreement, confirmation, authorization, or approval communicated verbally, whether in person, by telephone, by video conference (including but not limited to Zoom, Google Meet, Microsoft Teams, Skype, or similar platforms), by voice message, or by any other verbal means.
1.4.4 The term "Change Order" refers to any request for work, features, functionality, modifications, or services outside the original scope of work defined in a Project Agreement, and the documentation thereof.
1.4.5 The term "Approval" refers to your express acceptance, confirmation, or authorization of any deliverable, design, concept, scope, timeline, fee, or other aspect of a project, whether communicated in writing, digitally, or orally.
1.5.1 The term "Deliverables" refers to all work product, materials, designs, files, code, content, documents, websites, applications, graphics, and other tangible and intangible items created, developed, or delivered by the Company to you in connection with the Services.
1.5.2 The term "Website Deliverables" refers specifically to completed websites, including all files, databases, content, configurations, and other components that comprise the functional website.
1.5.3 The term "Export Package" refers to the file or files provided to you upon project completion and full payment, which may include a .wpress file, .zip archive, database export, or other format containing your website files and content as described in Section 14.
1.5.4 The term "Design Deliverables" refers to visual designs, mockups, wireframes, prototypes, graphics, logos, brand assets, and other design-related work product.
1.5.5 The term "Documentation" refers to any written instructions, guides, manuals, training materials, specifications, or other documentation provided in connection with the Deliverables.
1.6.1 The term "Content" refers to all text, copy, images, photographs, graphics, videos, audio files, data, information, and other materials provided by you to the Company for use in connection with the Services or for incorporation into the Deliverables.
1.6.2 The term "Client Materials" refers to all Content, brand assets, logos, trademarks, existing website files, access credentials, documentation, and other materials provided by you to the Company.
1.6.3 The term "Third-Party Content" refers to any content, images, fonts, icons, or other materials obtained from third-party sources, whether free or licensed, that may be incorporated into the Deliverables.
1.7.1 The term "Intellectual Property Rights" refers to all patents, copyrights, trademarks, service marks, trade names, trade dress, trade secrets, rights of publicity, moral rights, rights of attribution, database rights, design rights, and all other intellectual property rights recognized in any jurisdiction worldwide, whether registered or unregistered, and including all applications and registrations therefor.
1.7.2 The term "Company Tools" refers to all pre-existing materials, proprietary tools, frameworks, templates, code libraries, scripts, functions, snippets, plugins, software, methodologies, processes, techniques, know-how, and intellectual property owned or licensed by the Company prior to or independent of any engagement with you, and that may be used in the creation of the Deliverables.
1.7.3 The term "Third-Party Components" refers to all software, plugins, extensions, themes, frameworks, libraries, fonts, images, APIs, and other materials owned or licensed by third parties that may be incorporated into or used in connection with the Deliverables, including but not limited to WordPress core software, WordPress themes, WordPress plugins, JavaScript libraries, CSS frameworks, and open-source software.
1.7.4 The term "Custom Work" refers to original work created by the Company specifically for you and your project, which is not derived from Company Tools or Third-Party Components.
1.8.1 The term "Fees" refers to all amounts due to the Company for Services, including project fees, hourly fees, retainer fees, subscription fees, hosting fees, maintenance fees, rush fees, change order fees, and any other charges.
1.8.2 The term "Deposit" refers to any upfront payment required before the commencement of work, which is applied toward the total project cost.
1.8.3 The term "Milestone Payment" refers to a payment due upon completion of a specified phase or milestone of a project.
1.8.4 The term "Final Payment" refers to the last payment due for a project, typically due upon completion and before final delivery of Deliverables.
1.9.1 The term "Business Day" refers to any day other than a Saturday, Sunday, or federal holiday observed in the United States.
1.9.2 The term "Business Hours" refers to 9:00 AM to 5:00 PM Eastern Time on Business Days, unless otherwise specified.
1.9.3 The term "Response Time" refers to the time within which a party is expected to respond to communications, requests, or deliveries from the other party.
1.9.4 The term "Written Notice" refers to notice provided in writing, whether by physical mail, email, or other written communication method as specified in these Terms of Service.
1.10.1 The term "Confidential Information" refers to all non-public information disclosed by one party to the other in connection with these Terms of Service or any Project Agreement, whether disclosed orally, in writing, digitally, or by any other means, that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure.
1.10.2 The term "Force Majeure Event" refers to any event or circumstance beyond the reasonable control of the affected party, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, embargoes, acts of civil or military authorities, fire, floods, earthquakes, hurricanes, tornadoes, epidemics, pandemics, quarantine restrictions, strikes, labor disputes, infrastructure failures, power outages, telecommunications failures, cyberattacks, internet service interruptions, governmental actions or restrictions, or failures of third-party service providers.
1.10.3 The term "Applicable Law" refers to all federal, state, local, and international laws, statutes, ordinances, regulations, rules, orders, and judgments applicable to a party's activities under these Terms of Service.
1.11.1 The headings and subheadings used in these Terms of Service are for convenience of reference only and shall not affect the interpretation or construction of any provision hereof.
1.11.2 Words importing the singular include the plural and vice versa, and words importing gender include all genders.
1.11.3 References to "including," "includes," "such as," "for example," or similar phrases shall be deemed to mean "including without limitation," "includes without limitation," or their equivalents, and shall not be construed to limit any general statement to the specific items or matters listed.
1.11.4 References to statutes, regulations, or laws include all amendments, modifications, replacements, and successor statutes, regulations, or laws.
1.11.5 References to Sections are references to Sections of these Terms of Service unless otherwise specified.
1.11.6 The terms "herein," "hereof," "hereunder," and similar terms refer to these Terms of Service as a whole and not to any particular Section.
1.11.7 Where these Terms of Service require agreement, consent, approval, or waiver by the Company, such agreement, consent, approval, or waiver must be provided by an Authorized Representative of the Company to be effective.
1.11.8 Any ambiguity in these Terms of Service shall not be construed against the drafting party.
2.1.1 By accessing or using the Site and/or Services, you expressly acknowledge and agree that you intend to be legally bound by these Terms of Service and that these Terms of Service constitute a valid, binding, and enforceable contract between you and the Company.
2.1.2 You understand and agree that these Terms of Service create legal obligations and that your acceptance of these Terms of Service has the same legal effect as signing a physical contract.
2.1.3 You acknowledge that you have had the opportunity to review these Terms of Service, to seek legal counsel if desired, and to ask questions about any provisions you do not understand.
2.1.4 You agree that consideration for these Terms of Service includes, but is not limited to, your access to and use of the Site and Services, the Company's agreement to provide Services to you, and the mutual promises and obligations set forth herein.
2.2.1 Your acceptance of these Terms of Service may be manifested in any of the following ways:
2.2.1.1 Accessing or browsing the Site.
2.2.1.2 Submitting any form, inquiry, or request through the Site.
2.2.1.3 Contacting the Company by phone, email, or any other means to inquire about or request Services.
2.2.1.4 Signing or electronically accepting any proposal, quote, or Project Agreement.
2.2.1.5 Providing verbal or written confirmation of your intent to proceed with a project.
2.2.1.6 Responding affirmatively to a proposal, quote, or Project Agreement via email, text message, or other digital communication.
2.2.1.7 Making any payment to the Company, including any deposit, milestone payment, or final payment.
2.2.1.8 Providing any materials, content, credentials, or information to the Company for use in connection with a project.
2.2.1.9 Continuing to use the Services after being notified of changes to these Terms of Service.
2.2.1.10 Any other conduct that a reasonable person would understand to indicate acceptance.
2.3.1 You represent and warrant that you have the legal capacity to enter into these Terms of Service.
2.3.2 If you are entering into these Terms of Service on behalf of a business, corporation, limited liability company, partnership, non-profit organization, government entity, or other legal entity, you represent and warrant that you have the full legal authority to bind such entity to these Terms of Service.
2.3.3 If you are entering into these Terms of Service on behalf of an entity, you agree that "you" and "your" as used herein shall refer to both you individually and the entity on whose behalf you are acting, and you shall be jointly and severally liable for all obligations hereunder.
2.3.4 If you do not have authority to bind the entity on whose behalf you purport to act, you agree to be personally liable for all obligations under these Terms of Service.
2.3.5 The Company may rely on the apparent authority of any person who represents that they have authority to act on your behalf, and you shall be bound by the actions of any such person unless you have provided the Company with written notice that such person lacks authority.
2.4.1 The Company's provision of any Services to you is expressly conditioned upon your acceptance of these Terms of Service.
2.4.2 Any terms or conditions contained in any purchase order, acknowledgment, confirmation, or other document issued by you that are inconsistent with or in addition to these Terms of Service are hereby expressly rejected by the Company and shall be of no force or effect.
2.4.3 No terms or conditions proposed by you shall be binding on the Company unless expressly agreed to in writing by an Authorized Representative of the Company.
2.4.4 Fulfillment of any order or provision of any Services shall not be deemed acceptance of any terms or conditions proposed by you.
2.5.1 These Terms of Service, together with the Privacy Policy located at https://arlasites.com/privacy-policy/, any applicable Project Agreement, and any other written agreements executed between you and the Company, constitute the entire agreement between the parties with respect to the subject matter hereof.
2.5.2 These agreements supersede all prior and contemporaneous understandings, agreements, representations, warranties, and communications, both written and oral, with respect to such subject matter.
2.5.3 No oral or written statements, representations, or promises not contained in these Terms of Service or an applicable Project Agreement shall be binding on the Company.
2.6.1 In the event of any conflict between these Terms of Service and a Project Agreement, the terms of the Project Agreement shall control with respect to that specific project, except as provided in Section 2.6.2.
2.6.2 The following provisions of these Terms of Service may not be modified or waived by any Project Agreement unless expressly agreed to in a separate written instrument signed by an Authorized Representative of the Company: Sections 8 (Non-Transferability), 13 (Intellectual Property Rights), 14 (Ownership), 15 (Watermark and Attribution), 17 (Limitation of Liability), 18 (Indemnification), 19 (Confidentiality), 21 (Governing Law), 22 (Dispute Resolution), and 23 (Recovery of Expenses).
2.6.3 In the event of any conflict between these Terms of Service and the Privacy Policy, the Privacy Policy shall control with respect to matters of data privacy and protection.
3.1.1 You acknowledge and agree that the Company conducts business through various communication channels and that binding agreements may be formed through oral communications, digital communications, or a combination thereof.
3.1.2 You expressly agree that Oral Agreements and Digital Agreements shall be legally binding and enforceable to the same extent as traditional written contracts signed by the parties, subject to the terms and conditions of this Section.
3.1.3 You waive any defense or objection to the enforceability of any agreement based solely on the fact that it was formed orally or through digital communication rather than through a traditional signed written document.
3.2.1 The Company may communicate with you and form binding agreements through any of the following digital platforms, which list is illustrative and not exhaustive:
3.2.1.1 Email communications to or from any email address associated with the Company, including but not limited to Hello@ArlaSites.com and any email addresses ending in @ArlaSites.com or @ArlaGroup.com.
3.2.1.2 Text messages (SMS or MMS) sent to or from the Company's business phone number(s).
3.2.1.3 Facebook Messenger communications with the Company's official Facebook page or business account.
3.2.1.4 Instagram Direct Messages with the Company's official Instagram account.
3.2.1.5 WhatsApp messages with the Company's official WhatsApp business account.
3.2.1.6 LinkedIn messages with the Company's official LinkedIn page or with authorized Company personnel.
3.2.1.7 Slack, Microsoft Teams, or other workplace communication platforms if you have been invited to a shared workspace with the Company.
3.2.1.8 Project management platforms such as Asana, Trello, Monday.com, Basecamp, ClickUp, or similar platforms if used in connection with your project.
3.2.1.9 Client portals or dashboards provided by the Company.
3.2.1.10 Online forms, inquiry forms, or order forms on the Site.
3.2.1.11 Electronic signature platforms such as DocuSign, HelloSign, PandaDoc, or similar platforms.
3.2.1.12 Any other digital communication platform through which you communicate with an authorized representative of the Company.
3.3.1 A binding Digital Agreement shall be formed when you manifest assent to the terms proposed by the Company through any digital platform, including but not limited to the following manifestations of assent:
3.3.1.1 Responding with affirmative language such as "yes," "agreed," "confirmed," "approved," "sounds good," "let's do it," "proceed," "go ahead," or similar language indicating acceptance.
3.3.1.2 Using emoji reactions that reasonably indicate approval, such as thumbs up, checkmark, or similar affirmative emoji.
3.3.1.3 Clicking any button, link, or interface element indicating acceptance, approval, or agreement.
3.3.1.4 Making payment after receiving a quote, proposal, or invoice through a digital platform.
3.3.1.5 Providing materials, content, or information requested by the Company after a project scope has been discussed.
3.3.1.6 Proceeding to use Services after terms have been communicated digitally.
3.3.1.7 Any other conduct that a reasonable person would interpret as acceptance of the proposed terms.
3.3.2 You agree that the Company may rely on any communication sent from your email address, phone number, or social media account as having been authorized by you, and you shall be bound thereby.
3.3.3 You are responsible for maintaining the security of your email accounts, phone, and social media accounts, and for any agreements formed through communications originating from such accounts.
3.4.1 A binding Oral Agreement shall be formed when you verbally communicate your assent to the terms proposed by the Company during any conversation, including but not limited to phone calls, video conferences, in-person meetings, or voice messages.
3.4.2 Oral Agreements may be formed through the following types of communications:
3.4.2.1 Phone calls with Company representatives.
3.4.2.2 Video conferences through Zoom, Google Meet, Microsoft Teams, Skype, FaceTime, or similar platforms.
3.4.2.3 In-person meetings at the Company's offices, your premises, or any other location.
3.4.2.4 Voice messages left on Company voicemail or messaging systems.
3.4.2.5 Audio messages sent through digital platforms that support audio messaging.
3.4.3 Verbal manifestations of assent that may form an Oral Agreement include, but are not limited to, statements such as "yes," "I agree," "let's proceed," "go ahead," "approved," "that works," or similar language indicating acceptance.
3.5.1 You acknowledge and agree that the Company may record phone calls, video conferences, and other verbal communications for quality assurance, training, and documentation purposes.
3.5.2 By engaging in verbal communications with the Company, you consent to such recording.
3.5.3 The Company may, but is not obligated to, follow up any Oral Agreement or Digital Agreement with a written summary or confirmation. The absence of such written follow-up shall not affect the binding nature of the original agreement.
3.5.4 You agree that the Company's records of digital communications, including email logs, message archives, and communication histories, shall be admissible as evidence of the terms agreed upon and shall be presumed accurate absent clear and convincing evidence to the contrary.
3.5.5 In the event of any dispute regarding the terms of an Oral Agreement, the Company's contemporaneous records, notes, and recollections shall be given substantial weight.
3.6.1 Oral Agreements and Digital Agreements may cover any subject matter related to the Services, including but not limited to:
3.6.1.1 Approval of project scope, specifications, or requirements.
3.6.1.2 Approval of designs, mockups, prototypes, or other deliverables.
3.6.1.3 Authorization of additional work, features, or services not included in the original scope.
3.6.1.4 Agreement to Change Orders, including additional fees and timeline adjustments.
3.6.1.5 Approval of pricing, payment terms, or fee adjustments.
3.6.1.6 Authorization to proceed with a project or phase of a project.
3.6.1.7 Approval to publish, launch, or go live with a website or other deliverable.
3.6.1.8 Confirmation of receipt of deliverables or satisfaction with work performed.
3.6.1.9 Agreement to extensions of timelines or deadlines.
3.6.1.10 Any other decisions, authorizations, or agreements related to the Services.
3.7.1 Additional services not described in a written Project Agreement may be validly agreed upon through Oral Agreement or Digital Agreement.
3.7.2 If you request additional services through any communication channel and the Company agrees to provide such services, a binding agreement for those additional services shall be formed.
3.7.3 If pricing for additional services has been discussed and you manifest assent to proceed, you shall be obligated to pay the agreed-upon price for such services.
3.7.4 If pricing for additional services has not been expressly discussed, you agree that such services shall be billed at the Company's standard hourly rate in effect at the time the services are performed, or at such other rate as the Company may reasonably determine based on the nature and complexity of the services.
3.7.5 The absence of a formal written Change Order or Project Agreement for additional services shall not affect your obligation to pay for such services if an Oral Agreement or Digital Agreement for such services has been formed.
3.8.1 Notwithstanding the foregoing, certain matters require a written agreement signed by an Authorized Representative of the Company and cannot be modified by Oral Agreement or Digital Agreement alone:
3.8.1.1 Assignment or transfer of rights under these Terms of Service or any Project Agreement.
3.8.1.2 Waiver of the Annual Hosting Fee as described in Section 9.
3.8.1.3 Waiver or modification of the Promotional Credit Removal Fee as described in Section 15.
3.8.1.4 Waiver or modification of limitation of liability provisions.
3.8.1.5 Waiver or modification of indemnification provisions.
3.8.1.6 Changes to dispute resolution or governing law provisions.
3.8.2 For the matters listed in Section 3.8.1, "written agreement signed by an Authorized Representative" may include an electronic signature through a recognized electronic signature platform, but does not include informal email confirmations, text messages, or social media messages.
3.9.1 You are solely responsible for designating individuals who are authorized to communicate with the Company on your behalf and to bind you to agreements.
3.9.2 If you fail to designate authorized individuals, the Company may rely on communications from any individual who appears to have authority to act on your behalf, including but not limited to officers, managers, employees, agents, contractors, or other representatives.
3.9.3 You agree to promptly notify the Company in writing if any previously authorized individual is no longer authorized to act on your behalf.
3.9.4 Until the Company receives such written notice, the Company may continue to rely on communications from such individual, and you shall be bound by any agreements formed.
4.1.1 To access or use the Site and/or Services, you must be at least eighteen (18) years of age or the age of legal majority in your jurisdiction, whichever is greater.
4.1.2 You must have the requisite legal capacity to enter into these Terms of Service and to perform your obligations hereunder.
4.1.3 Minors under the age of eighteen (18) are strictly prohibited from using the Site and/or Services.
4.1.4 By using the Site and/or Services, you represent and warrant that you meet all eligibility requirements set forth herein.
4.1.5 If you do not meet these requirements, you must not access or use the Site or Services.
4.2.1 You may use the Site and/or Services for lawful purposes only.
4.2.2 You agree to comply with all Applicable Law in connection with your use of the Site and Services.
4.2.3 You shall not use the Site or Services for any purpose that is illegal, fraudulent, deceptive, or harmful.
4.2.4 You shall not use the Site or Services to engage in any activity that could expose the Company to civil or criminal liability.
4.3.1 You agree to be financially responsible for all purchases made by you or on your behalf.
4.3.2 You agree to be financially responsible for all use of the Site and Services by any person using your account or credentials.
4.3.3 You agree to use the Site and Services and to purchase services or products for legitimate, non-fraudulent purposes only.
4.4.1 You shall not use the Site or Services in any manner that could damage, disable, overburden, or impair the Site or any server, network, or system connected thereto.
4.4.2 You shall not interfere with any other party's use of the Site or Services.
4.4.3 You shall not attempt to gain unauthorized access to any portion of the Site, any accounts, computer systems, or networks connected to the Site, or any Services, through hacking, password mining, social engineering, or any other means.
4.4.4 You shall not use any robot, spider, scraper, data mining tool, or other automated means to access the Site or Services for any purpose without our express prior written permission.
4.4.5 You shall not post or transmit through the Site and/or Services any material that violates or infringes the rights of others.
4.4.6 You shall not post or transmit any material that is threatening, abusive, harassing, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable.
4.4.7 You shall not post or transmit any material that contains harmful instructions, including injurious formulas, recipes, or instructions.
4.4.8 You shall not post or transmit any material that encourages conduct that would constitute a criminal offense or give rise to civil liability.
4.4.9 You shall not use the Site or Services to distribute viruses, malware, worms, Trojan horses, ransomware, spyware, or other harmful or destructive code or content.
4.4.10 You shall not use the Site or Services to send unsolicited commercial communications, spam, or phishing messages.
4.4.11 You shall not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
4.4.12 You shall not frame, mirror, or utilize framing techniques to enclose any portion of the Site or Services without our express written consent.
4.5.1 The Company reserves the right to refuse access to the Site and/or Services to any person or entity, at any time, for any reason or no reason, in its sole discretion.
4.5.2 The Company has no obligation to assign a reason for refusing access.
4.5.3 The Company shall have no liability to you or any third party for refusing access.
4.5.4 The Company reserves the right to immediately suspend or terminate your access to the Site and/or Services, without refund and without prior notice, for any of the following reasons:
4.5.4.1 Violation of these Terms of Service or any other agreement governing your use of the Site and/or Services.
4.5.4.2 Non-payment of fees.
4.5.4.3 Fraud or suspected fraud.
4.5.4.4 Abusive, threatening, or harassing behavior toward Company personnel.
4.5.4.5 Requests for illegal, unethical, or harmful work.
4.5.4.6 Provision of Content that violates these Terms of Service or Applicable Law.
4.5.4.7 Actions that expose the Company to potential legal liability.
4.5.4.8 A determination by the Company that continued provision of Services is not in the Company's best interests.
5.1.1 Certain features of the Site or Services may require you to register for an account or provide information to access.
5.1.2 If you create an account with us or are provided with login credentials, you agree to provide accurate, current, and complete information as requested.
5.1.3 You agree to update your information promptly if it changes.
5.1.4 You may not create an account using false or misleading information.
5.2.1 You are solely responsible for maintaining the confidentiality of your account credentials, including your username, password, and any other authentication information.
5.2.2 You shall not share your account credentials with any third party.
5.2.3 You shall not use another person's account without that person's express permission.
5.2.4 You agree to implement reasonable security measures to protect your account credentials.
5.2.5 You agree to notify us immediately at Hello@ArlaSites.com of any unauthorized use of your account or any other breach of security of which you become aware.
5.3.1 You are solely responsible for all activities that occur under your account, whether or not you have authorized such activities.
5.3.2 The Company will not be liable for any loss, damage, or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.
5.3.3 If you are accessing the Site or Services on behalf of a business or other entity, you are responsible for ensuring that all individuals who access the Site or Services using your account or credentials comply with these Terms of Service.
5.4.1 The Company reserves the right to disable any account at any time in its sole discretion for any or no reason.
5.4.2 The Company may disable your account if we believe that you have violated any provision of these Terms of Service.
5.4.3 The Company shall have no liability to you for disabling your account.
6.1.1 All custom projects are governed by individual Project Agreements entered into between you and the Company in addition to these Terms of Service.
6.1.2 Before commencing any project, the Company will provide you with a proposal, quote, or statement of work that describes the scope of services, deliverables, timeline, pricing, payment terms, and other project-specific terms.
6.1.3 Projects shall not commence until a Project Agreement has been accepted and any required deposit has been paid.
6.2.1 Your acceptance of a Project Agreement may be manifested by any of the following:
6.2.1.1 Physical signature on a printed document.
6.2.1.2 Electronic signature through a recognized electronic signature platform.
6.2.1.3 Written confirmation via email or other written communication.
6.2.1.4 Digital confirmation via text message, social media message, or other digital platform as described in Section 3.
6.2.1.5 Oral confirmation as described in Section 3.
6.2.1.6 Payment of any deposit or invoice.
6.2.1.7 Provision of materials or content for use in the project.
6.2.1.8 Any other conduct indicating acceptance.
6.2.2 Your acceptance of a Project Agreement constitutes your agreement to the terms of that Project Agreement and these Terms of Service.
6.2.3 You acknowledge and agree that a Project Agreement, together with these Terms of Service, constitutes a legally binding contract, and you expressly intend to be bound by all terms and conditions set forth therein.
6.3.1 The scope of work, deliverables, timeline, and pricing for each project are as specified in the applicable Project Agreement.
6.3.2 The Company shall have no obligation to perform work outside the defined scope of work.
6.3.3 Any work requested by you that is outside the defined scope shall be addressed through the Change Order process described in Section 6.4.
6.4.1 Any request for work, features, functionality, modifications, or services outside the original scope of work shall constitute a request for a Change Order.
6.4.2 Change Orders may be requested by you through any communication channel.
6.4.3 Upon receiving a Change Order request, the Company will evaluate the request and, if feasible, provide you with an estimate of additional fees and any impact on the project timeline.
6.4.4 No work on a Change Order will be performed until you have approved the additional fees and timeline adjustments.
6.4.5 Approval of a Change Order may be provided through any of the methods described in Section 3, including Oral Agreement or Digital Agreement.
6.4.6 The Company reserves the right to decline any Change Order request in its sole discretion.
6.4.7 If you require work to be performed before a formal Change Order can be documented, and you authorize such work orally or digitally, you shall be obligated to pay for such work at the agreed-upon rate or, if no rate was agreed, at the Company's standard hourly rate.
6.5.1 The Company will use reasonable efforts to complete projects within the timeline specified in the Project Agreement.
6.5.2 Timelines are estimates and are contingent upon your timely performance of your responsibilities, including providing required materials, feedback, and approvals.
6.5.3 The Company shall not be liable for delays caused by your failure to perform your responsibilities in a timely manner.
6.5.4 If the project timeline is extended due to factors outside the Company's control, the Company may adjust the timeline accordingly without liability.
7.1.1 In addition to website design and development packages and SEO packages described on the Site, the Company may provide additional services as agreed upon between you and the Company.
7.1.2 Additional services may include, but are not limited to:
7.1.2.1 Custom web application development.
7.1.2.2 E-commerce development and configuration.
7.1.2.3 Database design and development.
7.1.2.4 API development and integrations.
7.1.2.5 Custom plugin or extension development.
7.1.2.6 Advanced analytics implementation.
7.1.2.7 Conversion rate optimization services.
7.1.2.8 Accessibility auditing and remediation.
7.1.2.9 Security auditing and hardening.
7.1.2.10 Performance optimization.
7.1.2.11 Content creation and copywriting.
7.1.2.12 Photography and videography coordination.
7.1.2.13 Brand strategy and development.
7.1.2.14 Social media management.
7.1.2.15 Reputation management.
7.1.2.16 Paid advertising management.
7.1.2.17 Email marketing campaign development and management.
7.1.2.18 Marketing automation implementation.
7.1.2.19 CRM integration and configuration.
7.1.2.20 Training and education services.
7.1.2.21 Ongoing consulting and advisory services.
7.1.2.22 Emergency support and troubleshooting.
7.1.2.23 Server administration and management.
7.1.2.24 Any other services that the parties may agree upon.
7.2.1 All additional services shall be governed by these Terms of Service and any applicable Project Agreement or statement of work.
7.2.2 You acknowledge and agree that any agreement for additional services, whether contained in a formal Project Agreement, a Digital Agreement, or an Oral Agreement, constitutes a fully binding contract between you and the Company.
7.2.3 Additional service agreements are enforceable in accordance with their terms, and you intend to be legally bound thereby.
7.2.4 The absence of a formal written Project Agreement for additional services shall not affect the binding nature of an agreement formed through Digital Agreement or Oral Agreement.
7.3.1 Additional services may be priced on a project basis, hourly basis, retainer basis, subscription basis, or such other basis as the parties may agree.
7.3.2 Unless otherwise specified in an applicable Project Agreement, the Company's standard hourly rate for additional services shall be One Hundred Fifty Dollars ($150.00) per hour, subject to change upon thirty (30) days' notice.
7.3.3 Time spent on additional services shall be billed in minimum increments of fifteen (15) minutes.
7.3.4 The Company shall maintain reasonably detailed records of time spent on additional services and shall provide such records to you upon request.
7.4.1 The Company may provide estimates of time or cost for additional services upon request.
7.4.2 You acknowledge and agree that estimates are good-faith estimates only and are not binding on the Company.
7.4.3 Actual time and costs may vary based on the complexity of the work, your responsiveness, the availability of required information and materials, unforeseen technical challenges, and other factors.
7.4.4 You agree to pay for all actual time and costs incurred by the Company in connection with additional services, regardless of whether such time or costs exceed any estimate previously provided.
7.5.1 The Company may require a retainer or deposit before commencing any additional services.
7.5.2 Retainers and deposits shall be applied to fees for services as they are performed.
7.5.3 If the retainer or deposit is exhausted, you agree to replenish it upon request or to pay invoices for additional work on a current basis.
7.5.4 Unused retainers may be refundable or non-refundable as specified in your agreement with the Company.
7.6.1 All provisions of these Terms of Service shall apply with full force and effect to all additional services.
7.6.2 Without limiting the foregoing, provisions relating to payment, intellectual property, limitation of liability, indemnification, confidentiality, and dispute resolution shall apply to all additional services.
8.1.1 You acknowledge and agree that all fees paid to the Company, all Services provided by the Company, and all rights granted under these Terms of Service and any Project Agreement are personal to you.
8.1.2 Such fees, Services, and rights are strictly non-transferable except as expressly provided in this Section.
8.2.1 In the event of a sale, transfer, merger, acquisition, reorganization, change of control, or other change of ownership of your business, whether by sale of assets, sale of stock or membership interests, merger, consolidation, assignment for the benefit of creditors, or otherwise:
8.2.1.1 The rights and services associated with any one-time payment, project-based fee, or ongoing service engagement do not automatically transfer to the new owner, successor entity, acquirer, or any third party.
8.2.1.2 Any ongoing service agreements, maintenance plans, hosting arrangements, support agreements, and retainer arrangements terminate automatically upon the change of ownership unless the Company agrees otherwise in writing.
8.2.1.3 Any warranties provided by the Company expire upon the change of ownership.
8.2.1.4 The new owner does not acquire any right to request modifications, updates, support, or assistance from the Company in connection with any Deliverables.
8.2.2 This Section applies regardless of whether you remain involved with the business in any capacity after the transfer.
8.3.1 Any purported transfer, assignment, or conveyance of rights under these Terms of Service or any Project Agreement to any third party without the prior written consent of the Company shall be null and void and of no force or effect.
8.3.2 The Company may, in its sole discretion, refuse to recognize any such purported transfer and refuse to provide any Services to the purported transferee.
8.4.1 If you transfer ownership of your business, the new owner must enter into a separate agreement with the Company to receive any Services or to access, use, modify, or maintain any Deliverables.
8.4.2 The new owner may be required to pay applicable fees, including but not limited to transfer fees, new project fees, and ongoing service fees.
8.4.3 The Company reserves the right to refuse to provide Services to any new owner in its sole discretion.
8.4.4 The Company may condition the provision of Services to a new owner on such terms and conditions as the Company deems appropriate.
8.5.1 Notwithstanding the foregoing, the Company may, in its sole and absolute discretion, consent to a transfer of rights under these Terms of Service or any Project Agreement to a new owner or successor entity.
8.5.2 Any such consent must be in writing, signed by an Authorized Representative of the Company.
8.5.3 The Company's consent may be subject to such terms and conditions as the Company may specify, including but not limited to:
8.5.3.1 Payment of a transfer fee.
8.5.3.2 Execution of a new agreement by the new owner.
8.5.3.3 Assumption of all obligations under the original agreement.
8.5.3.4 Payment of any outstanding amounts owed by the original client.
8.5.3.5 Verification of the new owner's identity and qualifications.
8.5.4 The Company's consent to one transfer shall not constitute consent to any subsequent transfer.
8.5.5 The Company shall have no obligation to consent to any transfer and may withhold consent for any reason or no reason in its sole discretion.
8.6.1 You may not assign, transfer, delegate, sublicense, or otherwise dispose of these Terms of Service or any of your rights or obligations hereunder, whether voluntarily, involuntarily, by operation of law, or otherwise, without the prior written consent of the Company.
8.6.2 Any attempted assignment, transfer, delegation, sublicense, or disposal by you in violation of this Section shall be null and void.
8.7.1 The Company may assign, transfer, or delegate these Terms of Service or any of its rights or obligations hereunder, in whole or in part, to any affiliate or to any third party in connection with a merger, acquisition, corporate reorganization, sale of assets, or similar transaction, without your consent and without notice to you.
8.7.2 The Company may engage subcontractors, independent contractors, or other third parties to perform any of its obligations hereunder without your consent.
9.1.1 If your project includes website hosting services or if you have otherwise engaged the Company to host your website, such hosting services are subject to the terms of this Section.
9.1.2 Hosting services include the provision of server space, bandwidth, and basic technical support as described in your Project Agreement or as otherwise communicated to you.
9.1.3 Hosting services do not include website updates, content changes, design modifications, feature additions, security monitoring, malware removal, backup restoration (except as expressly included in your hosting plan), or any other services beyond the basic provision of hosting infrastructure, unless expressly included in your Project Agreement or separately agreed in writing.
9.2.1 Hosting services are subject to an Annual Hosting Fee.
9.2.2 The Annual Hosting Fee shall be a minimum of One Hundred Fifty Dollars ($150.00) and a maximum of Five Hundred Dollars ($500.00) per year.
9.2.3 The exact amount of the Annual Hosting Fee shall be determined by the Company in its sole and absolute discretion.
9.2.4 Factors the Company may consider in setting the Annual Hosting Fee include, but are not limited to:
9.2.4.1 The size and complexity of your website.
9.2.4.2 The amount of storage space required.
9.2.4.3 The amount of bandwidth consumed.
9.2.4.4 The level of support and maintenance included.
9.2.4.5 The technical requirements of your website.
9.2.4.6 Prevailing market rates for comparable hosting services.
9.2.4.7 The Company's costs of providing hosting services.
9.2.4.8 Such other factors as the Company deems relevant.
9.3.1 The Company reserves the right to adjust the Annual Hosting Fee at any time.
9.3.2 The Company will provide you with at least thirty (30) days' written notice before any increase in the Annual Hosting Fee takes effect.
9.3.3 Any increase shall not exceed the maximum amount specified in Section 9.2.2 unless you agree in writing to such increase.
9.3.4 If you do not agree to an increase that exceeds the maximum amount, you may terminate hosting services as provided in Section 20.
9.4.1 The Annual Hosting Fee shall be due and payable on the anniversary of the launch date of your website, or on such other date as the Company may specify.
9.4.2 The Company will send you an invoice for the Annual Hosting Fee at least thirty (30) days prior to the due date.
9.4.3 The Annual Hosting Fee is due upon receipt of invoice unless otherwise specified.
9.5.1 Failure to pay the Annual Hosting Fee by the due date may result in suspension or termination of hosting services.
9.5.2 Suspension or termination of hosting services may cause your website to become inaccessible to you and to the public.
9.5.3 The Company shall not be liable for any loss, damage, or other harm resulting from suspension or termination of hosting services due to non-payment.
9.5.4 If your hosting services are suspended or terminated for non-payment, reinstatement may be subject to:
9.5.4.1 Payment of all past due amounts.
9.5.4.2 Payment of any applicable late fees and interest as described in Section 10.
9.5.4.3 Payment of a reinstatement fee of up to One Hundred Dollars ($100.00).
9.5.4.4 The Company's agreement to reinstate services in its sole discretion.
9.6.1 The Company may, in its sole and absolute discretion, waive all or any portion of the Annual Hosting Fee for any client.
9.6.2 Any such waiver shall be effective only if made in writing by an Authorized Representative of the Company.
9.6.3 A waiver shall apply only to the specific period or periods specified in the waiver.
9.6.4 A waiver shall not constitute a waiver of the Annual Hosting Fee for any other period.
9.6.5 A waiver shall not constitute a waiver of any other provision of these Terms of Service.
9.6.6 The Company's decision to grant or deny a waiver shall be final and non-appealable.
9.6.7 You acknowledge and agree that the Company has no obligation to waive the Annual Hosting Fee for any client.
9.6.8 The Company may grant waivers to some clients and not to others in its sole discretion.
9.6.9 Oral or informal statements by Company personnel suggesting that the Annual Hosting Fee may be waived shall not be binding on the Company unless confirmed in writing by an Authorized Representative.
9.7.1 The Company utilizes third-party hosting providers and infrastructure to deliver hosting services.
9.7.2 You acknowledge and agree that the availability, performance, and security of hosting services are dependent in part on third-party providers.
9.7.3 The Company shall not be liable for any failure, interruption, or degradation of hosting services caused by:
9.7.3.1 Third-party hosting providers.
9.7.3.2 Internet service providers.
9.7.3.3 Network failures or congestion.
9.7.3.4 Distributed denial of service attacks or other cyberattacks.
9.7.3.5 Hardware failures.
9.7.3.6 Software bugs or vulnerabilities in third-party software.
9.7.3.7 Any other factors beyond the Company's reasonable control.
9.8.1 The Company does not guarantee any specific level of uptime, availability, or performance for hosting services.
9.8.2 If you require guaranteed uptime or performance levels, you must enter into a separate service level agreement with the Company.
9.8.3 Any service level agreement must be in writing and signed by an Authorized Representative of the Company.
9.9.1 You are responsible for maintaining current, complete, and secure backups of all website files, databases, content, and other data.
9.9.2 While the Company may maintain backups as part of its hosting services, the Company makes no guarantee as to the availability, completeness, or integrity of any backups.
9.9.3 The Company shall not be liable for any loss or corruption of data.
9.9.4 You are strongly encouraged to maintain your own independent backups of all website files and data.
9.9.5 Backup restoration services may be subject to additional fees unless expressly included in your hosting plan.
10.1.1 All fees for Services are as specified in the applicable Project Agreement, invoice, or as otherwise agreed in writing between you and the Company.
10.1.2 Unless otherwise stated, all fees are quoted and payable in United States Dollars (USD).
10.1.3 Fees do not include taxes, which are your responsibility as described in Section 10.12.
10.2.1 Unless otherwise specified in a Project Agreement or invoice, payment is due upon receipt of invoice.
10.2.2 Deposits are due before work commences.
10.2.3 Milestone payments are due upon completion of the specified milestone.
10.2.4 Final payments are due upon project completion and before final delivery of Deliverables.
10.3.1 You agree to pay all fees when due without deduction, set-off, or counterclaim.
10.3.2 You agree to provide current, complete, and accurate billing and payment information.
10.3.3 You agree to promptly update your billing and payment information if it changes.
10.4.1 The Company accepts payment by the methods indicated on the Site, invoices, or as otherwise communicated to you.
10.4.2 Accepted payment methods may include credit card, debit card, ACH transfer, wire transfer, check, or other methods.
10.4.3 You authorize the Company to charge your designated payment method for all amounts due.
10.4.4 You represent and warrant that you are authorized to use the payment method you provide.
10.5.1 You acknowledge and agree that all fees paid to the Company are earned when paid.
10.5.2 Upon the Company's receipt of payment, the funds become the property of the Company.
10.5.3 Payment represents compensation for the Company's commitment to perform the Services, allocation of resources, and work performed or to be performed.
10.5.4 This Section does not limit any refund rights that may be expressly provided elsewhere in these Terms of Service or in a Project Agreement.
10.6.1 Invoices not paid within thirty (30) days of the invoice date shall be considered past due.
10.6.2 Past due amounts shall bear interest at the rate of one and one-half percent (1.5%) per month, or the maximum rate permitted by Applicable Law, whichever is less.
10.6.3 Interest shall be calculated from the original due date until the date payment is received in full.
10.6.4 Interest shall compound monthly.
10.7.1 If your payment method fails or your account is past due, the Company may use other collection mechanisms to collect amounts owed.
10.7.2 Collection mechanisms may include charging other payment methods on file, retaining collection agencies, or engaging legal counsel.
10.7.3 You shall be responsible for all costs of collection, including reasonable attorneys' fees, court costs, and collection agency fees, to the extent permitted by Applicable Law.
10.8.1 The Company reserves the right to suspend Services for any account with an outstanding balance that is past due by more than fifteen (15) days.
10.8.2 Suspension of Services for non-payment shall not relieve you of your obligation to pay all amounts due.
10.8.3 You remain responsible for fees for Services provided prior to suspension and any applicable late fees and interest.
10.8.4 Reinstatement of suspended Services may be subject to payment of a reinstatement fee in addition to all past due amounts.
10.9.1 Unless otherwise specified in a Project Agreement, all deposits and upfront payments are non-refundable once work has commenced.
10.9.2 Deposits are applied to the total project cost.
10.9.3 Deposits are intended to reserve the Company's time and resources for your project.
10.9.4 If you cancel a project after paying a deposit but before work has commenced, the Company may, in its sole discretion, refund all or a portion of the deposit, less any administrative fees incurred.
10.10.1 If you cancel a project after work has commenced, you shall be responsible for payment for all work performed through the date of cancellation.
10.10.2 Work performed shall be calculated based on the Company's standard hourly rates if the project was quoted on a fixed-fee basis, or based on actual hours worked if the project was quoted on an hourly basis.
10.10.3 No refund of any deposit or other payment shall be due for cancelled projects.
10.10.4 The Company may, in its sole discretion, provide you with a credit for any unused portion of payments made, which credit may be applied to future Services.
10.10.5 Credits have no cash value and are not redeemable for cash.
10.10.6 Credits expire twelve (12) months from the date of issuance.
10.11.1 For subscription-based, retainer-based, or other recurring services, billing will occur on a recurring basis as specified in your Project Agreement or as otherwise agreed.
10.11.2 You authorize the Company to charge your designated payment method for all recurring fees until you cancel the applicable service.
10.11.3 Cancellation requests for recurring services must be submitted in writing to Hello@ArlaSites.com at least fifteen (15) days before the next billing date to avoid being charged for the subsequent billing period.
10.11.4 Cancellation of recurring services does not entitle you to a refund of any fees already paid for the then-current billing period.
10.12.1 All fees are exclusive of taxes unless expressly stated otherwise.
10.12.2 You are responsible for all sales, use, value-added, excise, and other taxes, duties, and assessments arising out of your purchase of Services, excluding taxes based on the Company's net income.
10.12.3 If the Company is required to collect or pay any taxes on your behalf, you agree to reimburse the Company for such taxes.
10.13.1 Contract Review Fees
10.13.1.1 The Company may charge a Contract Review Fee for reviewing, analyzing, or providing feedback on any contract, agreement, or legal document provided by you or by a third party on your behalf.
10.13.1.2 The standard Contract Review Fee shall be Two Hundred Dollars ($200.00) per hour, with a minimum fee of One Hour, unless otherwise specified in a Project Agreement.
10.13.1.3 Contract Review Fees apply to, but are not limited to, review of: client contracts, vendor agreements, terms of service, privacy policies, license agreements, employment contracts, non-disclosure agreements, and any other legal documentation.
10.13.1.4 You acknowledge that the Contract Review Fee constitutes compensation for the Company's time and expertise, and not for legal advice.
10.13.2 Notification and Consent
10.13.2.1 The Company will notify you of applicable Contract Review Fees before commencing any review.
10.13.2.2 Your consent to Contract Review Fees may be provided through any method described in Section 3, including Digital Agreement or Oral Agreement.
10.13.2.3 Providing a document for review after being notified of the Contract Review Fee constitutes acceptance of the fee.
10.13.3 Payment of Contract Review Fees
10.13.3.1 Contract Review Fees are due upon completion of the review.
10.13.3.2 The Company may require payment of an estimated Contract Review Fee in advance.
10.13.3.3 All provisions of Section 10 regarding payment terms, late payments, and collection costs apply to Contract Review Fees.
10.13.4 Non-Legal Nature of Review
10.13.4.1 You acknowledge and agree that any contract review performed by the Company does not constitute legal advice.
10.13.4.2 The Company strongly recommends that you consult with qualified legal counsel regarding any legal documents that may affect your rights or obligations.
10.13.4.3 The Company shall not be liable for any damages resulting from your reliance on the Company's review of legal documents.
11.1.1 You acknowledge that timely and successful completion of projects depends upon your active cooperation, responsiveness, and fulfillment of your responsibilities.
11.1.2 The Company cannot complete projects without your participation, and delays in your performance of responsibilities will result in delays to the project.
11.1.3 You commit to being actively engaged in the project and to treating it as a priority.
11.2.1 You agree to designate a single primary Authorized Contact who shall have authority to:
11.2.1.1 Make decisions on your behalf regarding the project.
11.2.1.2 Provide approvals for designs, deliverables, and other work product.
11.2.1.3 Communicate with the Company regarding the project.
11.2.1.4 Provide feedback and direction.
11.2.1.5 Authorize additional work and Change Orders.
11.2.1.6 Accept delivery of Deliverables.
11.2.1.7 Bind you to agreements as described in Section 3.
11.2.2 You may designate additional Authorized Contacts, but you should clearly communicate to the Company the authority of each such contact.
11.2.3 If multiple contacts provide conflicting instructions, the Company may rely on the instructions of the primary Authorized Contact.
11.2.4 You agree to notify the Company promptly if your Authorized Contact changes.
11.3.1 Your Authorized Contact must be available and responsive throughout the duration of the project.
11.3.2 You agree to respond to requests for feedback, approval, information, or decisions within five (5) Business Days unless a different timeframe is specified in the Project Agreement.
11.3.3 For time-sensitive matters identified by the Company, you agree to respond within two (2) Business Days.
11.3.4 If you will be unavailable for an extended period, you must notify the Company in advance and designate an alternate Authorized Contact with decision-making authority.
11.3.5 Failure to be available and responsive may result in project delays, project holds, or additional fees.
11.4.1 You are responsible for providing all Content and materials required for the project.
11.4.2 Content and materials you may be required to provide include, but are not limited to:
11.4.2.1 Written copy, text, and messaging for all pages of your website.
11.4.2.2 Company information, including history, mission, values, and descriptions.
11.4.2.3 Product or service descriptions and specifications.
11.4.2.4 Pricing information.
11.4.2.5 Contact information, including addresses, phone numbers, and email addresses.
11.4.2.6 Staff bios, headshots, and credentials.
11.4.2.7 Photographs and images, in high resolution.
11.4.2.8 Logos and brand assets, in vector format when available.
11.4.2.9 Brand guidelines, including colors, fonts, and usage guidelines.
11.4.2.10 Testimonials and reviews, with appropriate permissions.
11.4.2.11 Case studies and portfolio pieces.
11.4.2.12 Certificates, licenses, and accreditations.
11.4.2.13 Legal and compliance information, including privacy policies, terms of service, and required disclosures.
11.4.2.14 FAQs and knowledge base content.
11.4.2.15 Blog posts or articles.
11.4.2.16 Videos and multimedia content.
11.4.2.17 Social media links and handles.
11.4.2.18 Any other content specific to your business or industry.
11.4.3 You agree to provide Content and materials in the format and manner requested by the Company.
11.4.4 You agree to provide Content and materials that are complete, accurate, and final.
11.4.5 If you provide incomplete, inaccurate, or placeholder content, additional rounds of revisions may be required and may result in additional fees.
11.5.1 You agree to provide all required Content and materials within the timeframes specified in the Project Agreement or as otherwise reasonably requested by the Company.
11.5.2 If no specific timeframe is specified, you agree to provide Content and materials within ten (10) Business Days of the Company's request.
11.5.3 Failure to provide required Content and materials in a timely manner will delay the project, and the Company shall not be liable for any such delays.
11.5.4 If you have not provided required Content by the deadline, the Company may:
11.5.4.1 Use placeholder content and proceed with the project, which may require additional revisions later.
11.5.4.2 Place the project on hold as described in Section 11.8.
11.5.4.3 Adjust the project timeline accordingly.
11.6.1 You are responsible for providing the Company with all access credentials necessary to perform the Services.
11.6.2 Access credentials you may be required to provide include, but are not limited to:
11.6.2.1 Domain registrar login credentials.
11.6.2.2 Hosting account login credentials.
11.6.2.3 Existing website CMS login credentials.
11.6.2.4 FTP or SFTP credentials.
11.6.2.5 Database access credentials.
11.6.2.6 Email hosting or marketing platform credentials.
11.6.2.7 Social media account credentials.
11.6.2.8 Google Analytics, Search Console, or other analytics credentials.
11.6.2.9 Third-party platform or service credentials.
11.6.2.10 Any other credentials necessary for the project.
11.6.3 You agree to provide credentials that grant sufficient access and permissions for the Company to perform the Services.
11.6.4 If credentials do not work or provide insufficient access, you agree to promptly resolve the issue upon notification.
11.6.5 The Company shall maintain the confidentiality of all credentials you provide and shall use them only for the purpose of performing the Services.
11.7.1 You agree to review all drafts, mockups, proofs, designs, and other work-in-progress materials provided by the Company.
11.7.2 You agree to provide clear, complete, constructive, and actionable feedback.
11.7.3 Feedback should identify specific issues and desired changes, not just general dissatisfaction.
11.7.4 Feedback from multiple stakeholders within your organization should be consolidated before being provided to the Company to avoid conflicting directions.
11.7.5 You agree to provide feedback within the Response Time specified in Section 11.3.
11.7.6 Approval of a deliverable indicates that you are satisfied with that deliverable and that the Company may proceed to the next phase of the project.
11.7.7 Once a deliverable has been approved, requests to modify that deliverable may be treated as Change Orders and may be subject to additional fees.
11.7.8 If you fail to respond to a request for approval within fifteen (15) Business Days, the Company may deem the deliverable approved and proceed accordingly.
11.8.1 If you fail to respond to requests for feedback, approval, information, or materials for a period of fifteen (15) or more consecutive days without prior arrangement with the Company, the Company may place your project on hold.
11.8.2 The Company will notify you before or upon placing your project on hold.
11.8.3 While on hold:
11.8.3.1 No work will be performed on your project.
11.8.3.2 Your project's place in the Company's production schedule may be forfeited.
11.8.3.3 Resources allocated to your project may be reassigned.
11.8.4 Reactivation of a project that has been placed on hold:
11.8.4.1 Is subject to availability in the Company's production schedule.
11.8.4.2 May require you to wait for an opening in the schedule.
11.8.4.3 May require payment of a reactivation fee of up to Five Hundred Dollars ($500.00).
11.9.1 Extended periods of non-responsiveness, exceeding thirty (30) consecutive days, may result in the project being deemed abandoned by you.
11.9.2 Before deeming a project abandoned, the Company will make reasonable efforts to contact you.
11.9.3 If the Company deems a project abandoned:
11.9.3.1 The Company may terminate the project.
11.9.3.2 No refund of any deposits or payments made shall be due.
11.9.3.3 The Company shall retain ownership of all work product created prior to termination.
11.9.3.4 The Company shall have no further obligations to you with respect to the project.
11.9.4 If you wish to resume work on an abandoned project:
11.9.4.1 You may be required to enter into a new Project Agreement.
11.9.4.2 You may be required to pay new project fees as if beginning a new project.
11.9.4.3 Previous work product may or may not be available or usable, at the Company's discretion.
11.10.1 You are responsible for making timely decisions throughout the project.
11.10.2 Delayed decisions delay the project.
11.10.3 If decisions require approval from multiple stakeholders within your organization, you are responsible for coordinating such approvals internally.
11.10.4 The Company is not responsible for delays caused by your internal approval processes.
11.10.5 If you are unable to make a decision, you should communicate this to the Company so that alternative approaches can be discussed.
11.11.1 You are solely responsible for the accuracy, completeness, legality, and appropriateness of all Content you provide to the Company.
11.11.2 You represent and warrant that:
11.11.2.1 All Content you provide is accurate and complete.
11.11.2.2 You own or have obtained all necessary rights, licenses, and permissions to use the Content and to authorize the Company to use the Content in connection with the Services.
11.11.2.3 The Content does not infringe upon or violate any Intellectual Property Rights or other rights of any third party.
11.11.2.4 The Content does not contain any material that is defamatory, libelous, obscene, pornographic, threatening, harassing, discriminatory, or otherwise unlawful or objectionable.
11.11.2.5 The Content complies with all Applicable Laws and regulations.
11.11.2.6 You have obtained all necessary consents from individuals whose personal information, likeness, testimonial, or other information is included in the Content.
11.11.2.7 Any claims made in the Content are truthful and can be substantiated.
11.11.2.8 Any testimonials or reviews provided are genuine and comply with FTC guidelines and other Applicable Laws.
11.12.1 If you are providing your own hosting or technical environment, you are responsible for ensuring that it meets the requirements for the Deliverables.
11.12.2 You are responsible for maintaining a secure and properly configured hosting environment.
11.12.3 The Company shall not be liable for issues arising from inadequate or improperly configured hosting environments.
11.13.1 If the project requires integration with third-party services, you are responsible for:
11.13.1.1 Providing necessary accounts and credentials for such services.
11.13.1.2 Maintaining active subscriptions or licenses for such services.
11.13.1.3 Ensuring that your use of such services complies with their terms of service.
11.13.1.4 Paying all fees associated with such services.
11.13.2 The Company shall not be liable for issues arising from third-party services, including service outages, changes to APIs, or changes to terms of service.
11.14.1 You agree to communicate with the Company through the channels specified by the Company.
11.14.2 For project-related communications, the Company may designate email or a project management platform as the primary communication channel.
11.14.3 Important approvals, decisions, and feedback should be provided through the designated channels to ensure proper documentation.
11.14.4 The Company may not monitor all communication channels equally, and communications sent through non-designated channels may not receive timely responses.
11.15.1 You agree to indemnify and hold harmless the Company from and against any and all claims, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:
11.15.1.1 Any breach of the representations and warranties in Section 11.11.
11.15.1.2 Any claim by a third party relating to the Content you provide.
11.15.1.3 Any claim that the Content infringes the Intellectual Property Rights or other rights of any third party.
11.15.1.4 Any claim arising from the use of the Content in the Deliverables as directed by you.
12.1.1 THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
12.1.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
12.2.1 THE COMPANY DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12.2.2 THE COMPANY DOES NOT WARRANT THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.
12.2.3 THE COMPANY DOES NOT WARRANT THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
12.3.1 The Company may share case studies, testimonials, success stories, or examples of successful results achieved by other clients on the Site and/or in connection with the Services.
12.3.2 Such examples are provided for illustrative purposes only.
12.3.3 You acknowledge and agree that these examples are not to be interpreted as a promise, guarantee, or warranty, whether express or implied, verbal or in writing, regarding your results.
12.3.4 The Company does not guarantee:
12.3.4.1 Future earnings or revenue.
12.3.4.2 Business profit or growth.
12.3.4.3 Marketing performance or return on investment.
12.3.4.4 Audience growth or engagement.
12.3.4.5 Search engine rankings or positions.
12.3.4.6 Website traffic or visitors.
12.3.4.7 Conversion rates or sales.
12.3.4.8 Lead generation or inquiries.
12.3.4.9 Any other results of any kind.
12.4.1 You acknowledge that the success of any business, website, marketing campaign, or other endeavor depends on numerous factors, many of which are beyond the control of the Company.
12.4.2 Such factors include, but are not limited to:
12.4.2.1 The quality of your products or services.
12.4.2.2 Your pricing and competitive positioning.
12.4.2.3 Your customer service and support.
12.4.2.4 The competitiveness of your market.
12.4.2.5 The quality and quantity of content on your website.
12.4.2.6 The usability and functionality of your website.
12.4.2.7 Your responsiveness to leads and inquiries.
12.4.2.8 Your advertising budget and spend.
12.4.2.9 The effectiveness of your sales process.
12.4.2.10 Economic conditions and market trends.
12.4.2.11 Consumer preferences and behavior.
12.4.2.12 Actions of competitors.
12.4.2.13 Changes to search engine algorithms.
12.4.2.14 Changes to social media platforms and algorithms.
12.4.2.15 Your implementation of our recommendations.
12.4.2.16 Countless other factors.
12.5.1 Nothing in the Site, Services, proposals, Project Agreements, marketing materials, conversations, or any other communications shall be construed as a promise, warranty, or guarantee of results.
12.5.2 Any projections, estimates, or forecasts provided by the Company are good-faith estimates based on available information at the time and are not guarantees of future performance.
12.5.3 Actual results may vary significantly from any projections, estimates, or forecasts.
12.6.1 By using the Services, you expressly acknowledge, accept, agree, and understand that you are fully responsible for your own progress and results.
12.6.2 The Company provides services; the results depend on you.
12.7.1 Information provided on the Site and/or in connection with the Services is subject to change without notice.
12.7.2 The Company makes no representation or warranty that any information provided is accurate, complete, reliable, current, or error-free.
12.7.3 The Company disclaims all liability for any inaccuracy, error, or incompleteness in any information provided.
12.7.4 You are solely responsible for evaluating the accuracy, completeness, and usefulness of any information, advice, or other content provided.
13.1.1 The Site and Services contain Intellectual Property owned by the Company.
13.1.2 Company Intellectual Property includes, without limitation:
13.1.2.1 The Company's trademarks, service marks, trade names, and logos, including "Arla Sites," "Arla Group," and associated logos and designs.
13.1.2.2 The Company's trade dress, including the overall look and feel of the Site.
13.1.2.3 Copyrights in all text, graphics, photographs, illustrations, designs, and other content created by the Company.
13.1.2.4 The selection, coordination, and arrangement of content on the Site.
13.1.2.5 Software, code, and technical implementations used in the Site and Services.
13.1.2.6 Proprietary methodologies, processes, and techniques.
13.1.2.7 Trade secrets and confidential business information.
13.1.2.8 All Company Tools as defined in Section 1.7.2.
13.2.1 The Site and Services may also contain Intellectual Property licensed to the Company by third parties.
13.2.2 Third-Party Licensed Intellectual Property is protected by applicable intellectual property laws and treaties and is used by the Company under license.
13.3.1 All Company Intellectual Property and Third-Party Licensed Intellectual Property is protected by applicable intellectual property laws and treaties.
13.3.2 Unauthorized use of such Intellectual Property may violate copyright, trademark, and other applicable laws.
13.4.1 Except as expressly authorized in these Terms of Service or in a separate written agreement with the Company, you may not:
13.4.1.1 Copy, reproduce, or duplicate the Site, Services, or any Company Intellectual Property.
13.4.1.2 Modify, adapt, or translate the Site, Services, or any Company Intellectual Property.
13.4.1.3 Create derivative works based on the Site, Services, or any Company Intellectual Property.
13.4.1.4 Distribute, license, sell, or transfer the Site, Services, or any Company Intellectual Property.
13.4.1.5 Publicly display or publicly perform the Site, Services, or any Company Intellectual Property except as intended.
13.4.1.6 Transmit or broadcast the Site, Services, or any Company Intellectual Property.
13.4.1.7 Reverse engineer, disassemble, or decompile any software used in connection with the Site or Services.
13.4.1.8 Remove, alter, or obscure any copyright, trademark, or other proprietary notices.
13.4.1.9 Frame, mirror, or utilize framing techniques to enclose any portion of the Site or Services.
13.4.1.10 Use any meta tags, hidden text, or other techniques that incorporate Company Intellectual Property without written consent.
13.5.1 Any unauthorized use of Company Intellectual Property or Third-Party Licensed Intellectual Property is a violation of these Terms of Service.
13.5.2 The Company reserves the right to pursue all available legal remedies against infringers.
13.5.3 Remedies may include injunctive relief, monetary damages, attorneys' fees, and other relief.
14.1.1 No ownership rights in any Deliverables transfer to you until full and final payment for the project has been received by the Company and has cleared the Company's account.
14.1.2 "Full and final payment" means receipt by the Company of cleared funds for all amounts due for the project, including any outstanding invoices, Change Orders, and additional fees.
14.1.3 Until full payment is received, the Company retains all right, title, and interest in and to all Deliverables and work product.
14.1.4 The Company may withhold delivery of Deliverables, take down or disable any website, or revoke any licenses if full payment has not been received.
14.2.1 You have and shall retain all right, title, and interest in and to the Content you provide to the Company.
14.2.2 The Company does not claim ownership of your Content.
14.2.3 You grant the Company a non-exclusive, royalty-free license to use, reproduce, modify, and display your Content solely for the purpose of performing the Services.
14.3.1 Upon receipt of full and final payment, the Company assigns to you ownership of Custom Work specifically created for you and for which you have paid in full.
14.3.2 Custom Work includes:
14.3.2.1 The custom visual design of your website as expressed in the final, approved design.
14.3.2.2 Custom-created graphic elements and illustrations specifically designed for your project.
14.3.2.3 Custom-written content created by the Company specifically for your project.
14.3.2.4 Custom functionality or features developed specifically for your project that do not incorporate Company Tools.
14.4.1 For website projects, upon receipt of full and final payment, the Company will provide you with an Export Package containing your website files.
14.4.2 For WordPress websites, the Export Package will typically be provided as a .wpress file (or equivalent backup format) containing the complete website including:
14.4.2.1 WordPress core files.
14.4.2.2 Theme files (subject to licensing restrictions for premium themes).
14.4.2.3 Plugin files (subject to licensing restrictions for premium plugins).
14.4.2.4 Uploaded media files (images, documents, etc.).
14.4.2.5 Database export containing posts, pages, settings, and other data.
14.4.2.6 Configuration files.
14.4.3 The Export Package allows you to migrate your website to another hosting provider if you choose to do so.
14.4.4 The Company does not guarantee compatibility of the Export Package with all hosting environments or migration tools.
14.4.5 Technical assistance with migration or installation of the Export Package may be subject to additional fees.
14.5.1 The Company may provide the Export Package in alternative formats depending on the technical requirements of the project.
14.5.2 Alternative formats may include:
14.5.2.1 .zip archive containing website files.
14.5.2.2 Database export in .sql format.
14.5.2.3 Individual file transfers via FTP/SFTP.
14.5.2.4 Access to download files from a staging server.
14.5.2.5 Other formats as appropriate for the project.
14.5.3 The Company will use reasonable efforts to provide the Export Package in a format that is usable and practical for your needs.
14.6.1 Notwithstanding any assignment of Custom Work, the Company retains all right, title, and interest in and to all Company Tools.
14.6.2 Company Tools may include, but are not limited to:
14.6.2.1 Pre-existing code libraries and frameworks.
14.6.2.2 Code snippets and functions developed prior to or independent of your project.
14.6.2.3 Templates and starter files.
14.6.2.4 Plugins developed by the Company for general use.
14.6.2.5 Proprietary scripts and tools.
14.6.2.6 Design templates and patterns.
14.6.2.7 Training materials and documentation.
14.6.2.8 Methodologies and processes.
14.7.1 To the extent Company Tools are incorporated into your Deliverables, you are granted a limited license to use such Company Tools.
14.7.2 This license is:
14.7.2.1 Non-exclusive.
14.7.2.2 Non-transferable.
14.7.2.3 Royalty-free.
14.7.2.4 Limited to use as incorporated into your Deliverables.
14.7.2.5 Limited to the purposes for which the Deliverables were created.
14.7.2.6 Subject to your continued compliance with these Terms of Service.
14.7.3 This license does not include the right to:
14.7.3.1 Modify or adapt Company Tools except as necessary for the normal operation of your Deliverables.
14.7.3.2 Create derivative works from Company Tools.
14.7.3.3 Sublicense, sell, or distribute Company Tools.
14.7.3.4 Extract Company Tools from the Deliverables for use in other projects.
14.7.3.5 Transfer Company Tools to third parties.
14.7.3.6 Use Company Tools for any purpose other than the operation of your Deliverables as delivered.
14.8.1 The Deliverables may incorporate Third-Party Components.
14.8.2 Third-Party Components are owned by their respective owners and are subject to their own license terms.
14.8.3 Common Third-Party Components include, but are not limited to:
14.8.3.1 WordPress core software (licensed under GPL).
14.8.3.2 WordPress themes (may be free, GPL, or commercially licensed).
14.8.3.3 WordPress plugins (may be free, GPL, or commercially licensed).
14.8.3.4 JavaScript libraries and frameworks (various licenses).
14.8.3.5 CSS frameworks such as Bootstrap or Tailwind (various licenses).
14.8.3.6 Font libraries and individual fonts (may require separate licenses).
14.8.3.7 Stock photography and images (may require separate licenses).
14.8.3.8 Icon libraries (various licenses).
14.8.3.9 Other software, libraries, and content.
14.8.4 The Company does not transfer or assign to you any ownership rights in Third-Party Components.
14.9.1 You acknowledge and agree that your use of Third-Party Components is subject to the applicable third-party license terms.
14.9.2 You are solely responsible for obtaining your own licenses for all Third-Party Components to the extent required by the applicable license terms.
14.9.3 Unless otherwise expressly agreed in writing in a Project Agreement, the Company does not provide or include licenses for Third-Party Components as part of the Services.
14.9.4 You agree to review and comply with all applicable third-party license terms.
14.9.5 You agree to obtain all necessary licenses at your own cost and expense.
14.9.6 The Company shall have no liability for your failure to obtain required third-party licenses.
14.9.7 The Company shall have no liability for any claims arising from your use of Third-Party Components in violation of applicable license terms.
14.10.1 Certain Third-Party Components may be provided under open-source licenses.
14.10.2 Open-source licenses may impose certain obligations on you, including but not limited to:
14.10.2.1 The GNU General Public License (GPL) and its variants.
14.10.2.2 The MIT License.
14.10.2.3 The Apache License.
14.10.2.4 The BSD Licenses.
14.10.2.5 Creative Commons licenses.
14.10.2.6 Other open-source licenses.
14.10.3 Obligations under open-source licenses may include:
14.10.3.1 Making source code available.
14.10.3.2 Including license notices and attributions.
14.10.3.3 Licensing derivative works under the same terms.
14.10.3.4 Other requirements specific to the license.
14.10.4 You agree to comply with all terms and conditions of any applicable open-source licenses.
14.11.1 Until full and final payment has been received by the Company:
14.11.1.1 The Company retains all right, title, and interest in and to all Deliverables.
14.11.1.2 No ownership rights transfer to you.
14.11.1.3 The Company may use, display, license, or sell the Deliverables.
14.11.1.4 The Company may disable access to any website or other Deliverables.
14.11.2 Upon receipt of full payment, ownership rights transfer as described in this Section.
14.12.1 Regardless of ownership of Deliverables, the Company retains the right to display and use the Deliverables in the Company's portfolio and for promotional purposes as described in Section 15.
15.1.1 You acknowledge and agree that the prices quoted and charged by the Company for its Services are heavily discounted from the full market value of such Services.
15.1.2 The discounted pricing is made possible in part by the promotional value the Company receives from attribution and portfolio use.
15.1.3 The discounts provided represent a material reduction from the rates the Company would otherwise charge.
15.2.1 In consideration of the discounted pricing, and as a condition of your receipt of such discounted pricing, you agree that the Company may place a Promotional Credit on your website or other Deliverables.
15.2.2 The Promotional Credit will typically consist of:
15.2.2.1 A small, tasteful watermark or attribution link.
15.2.2.2 Text identifying the Company as the designer or developer of the website.
15.2.2.3 Language such as "Website by Arla Sites," "Designed by Arla Sites," "Powered by Arla Sites," or similar.
15.2.2.4 A hyperlink to the Company's website (ArlaSites.com).
15.2.3 The Promotional Credit will typically appear in the footer area of your website or in another unobtrusive location.
15.2.4 The Company will use reasonable efforts to ensure the Promotional Credit is tasteful and does not detract from the overall design.
15.3.1 The Promotional Credit serves several important purposes:
15.3.1.1 It provides a form of advertising and promotion for the Company.
15.3.1.2 It allows the Company to demonstrate its work to prospective clients.
15.3.1.3 It enables the Company to build its portfolio and reputation.
15.3.1.4 It serves as proof of work and attribution.
15.3.1.5 It helps the Company attract new clients through referrals.
15.3.2 You acknowledge that the Promotional Credit provides valuable marketing exposure for the Company.
15.3.3 You acknowledge that the Promotional Credit is a material part of the consideration exchanged for the discounted pricing you receive.
15.4.1 You agree to maintain the Promotional Credit on your website in a visible location for as long as the website remains active and accessible.
15.4.2 You agree not to remove, obscure, modify, disable, cover, or otherwise interfere with the Promotional Credit without the prior written consent of the Company.
15.4.3 You agree not to instruct any third party to remove or modify the Promotional Credit.
15.4.4 If your website is redesigned or modified by a third party, you are responsible for ensuring the Promotional Credit is maintained.
15.5.1 If you wish to remove the Promotional Credit from your website, you may request removal by contacting the Company in writing at Hello@ArlaSites.com.
15.5.2 Removal of the Promotional Credit is subject to payment of a Promotional Credit Removal Fee.
15.5.3 The standard Promotional Credit Removal Fee is Two Thousand Five Hundred Dollars ($2,500.00).
15.5.4 The Company reserves the right, in its sole and absolute discretion, to charge a higher Promotional Credit Removal Fee based on factors including, but not limited to:
15.5.4.1 The size and visibility of your website.
15.5.4.2 The amount of traffic your website receives.
15.5.4.3 The industry or market in which you operate.
15.5.4.4 The value of the marketing exposure the Company would lose by removal.
15.5.4.5 The original discount provided to you.
15.5.4.6 Any other factors the Company deems relevant.
15.5.5 The Promotional Credit Removal Fee may be up to Ten Thousand Dollars ($10,000.00) or such higher amount as the Company may determine in its sole discretion.
15.5.6 The Promotional Credit Removal Fee must be paid in full before the Company will consent to removal of the Promotional Credit.
15.5.7 Upon receipt of the Promotional Credit Removal Fee, the Company will provide you with written consent to remove the Promotional Credit.
15.6.1 If you remove, obscure, modify, disable, or otherwise interfere with the Promotional Credit without the prior written consent of the Company and without payment of the applicable Promotional Credit Removal Fee:
15.6.1.1 You shall be in material breach of these Terms of Service.
15.6.1.2 The Company shall be entitled to pursue all available legal remedies.
15.6.2 Remedies for unauthorized removal may include:
15.6.2.1 Injunctive relief requiring restoration of the Promotional Credit.
15.6.2.2 Recovery of the Promotional Credit Removal Fee.
15.6.2.3 Interest on the Promotional Credit Removal Fee from the date of removal at the rate specified in Section 10.6.
15.6.2.4 Monetary damages for lost marketing value.
15.6.2.5 Attorneys' fees and costs of enforcement.
15.6.3 In addition to legal remedies, the Company may:
15.6.3.1 Terminate any hosting services being provided to you.
15.6.3.2 Terminate any support or maintenance services.
15.6.3.3 Revoke any licenses granted herein.
15.6.3.4 Take down or disable your website until the Promotional Credit is restored or the fee is paid.
15.7.1 In addition to the Promotional Credit on your website, you agree that the Company may display and reference your completed website and other Deliverables for the Company's promotional purposes.
15.7.2 Promotional use includes, but is not limited to:
15.7.2.1 Displaying the Deliverables in the Company's portfolio on the Site.
15.7.2.2 Including the Deliverables in case studies.
15.7.2.3 Displaying screenshots, photographs, and videos of the Deliverables.
15.7.2.4 Describing the work performed and results achieved.
15.7.2.5 Identifying you or your business as a client of the Company.
15.7.2.6 Including hyperlinks to your website.
15.7.2.7 Using the Deliverables in marketing materials, proposals, and presentations.
15.7.2.8 Sharing the Deliverables on social media channels.
15.7.2.9 Submitting the Deliverables for industry awards or recognition.
15.8.1 You grant the Company a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, display, distribute, and create derivative works of your website and other Deliverables for the Company's portfolio and promotional purposes.
15.8.2 This license survives termination of these Terms of Service and any Project Agreement.
15.8.3 This license includes the right to use your trade name, trademarks, and logos in connection with such promotional use.
15.9.1 If you do not wish to be identified as a client of the Company in promotional materials, you may request anonymity by notifying the Company in writing.
15.9.2 The Company will use reasonable efforts to honor requests for anonymity in future promotional materials.
15.9.3 The Company may still display the Deliverables in its portfolio without identifying you.
15.9.4 Requests for anonymity do not affect the Promotional Credit requirement.
16.1.1 Unless otherwise specified in a Project Agreement, completed websites and development projects include a limited warranty period of thirty (30) days from the date of project completion or launch, whichever is earlier (the "Warranty Period").
16.1.2 During the Warranty Period, the Company will correct bugs, errors, or defects in the work the Company delivered that prevent the Deliverables from functioning in material conformity with the specifications set forth in the Project Agreement.
16.1.3 Such corrections will be provided at no additional charge.
16.2.1 This warranty covers defects in the Company's workmanship only.
16.2.2 This warranty does not cover issues arising from:
16.2.2.1 Your modifications or changes to the Deliverables.
16.2.2.2 Modifications or changes made by third parties.
16.2.2.3 Your failure to follow instructions or documentation provided by the Company.
16.2.2.4 Changes to the hosting environment or server configuration.
16.2.2.5 Software updates or changes to third-party software or services, including WordPress core updates, theme updates, or plugin updates.
16.2.2.6 Content changes or additions that cause functionality issues.
16.2.2.7 Malware, viruses, or security breaches resulting from your actions or the actions of third parties.
16.2.2.8 Your failure to maintain your website in accordance with best practices.
16.2.2.9 Incompatibility with browsers or devices released after project completion.
16.2.2.10 Force Majeure Events.
16.2.2.11 Any other causes outside the Company's reasonable control.
16.3.1 To make a warranty claim, you must notify the Company in writing at Hello@ArlaSites.com within the Warranty Period.
16.3.2 Your notification must include:
16.3.2.1 A detailed description of the bug, error, or defect.
16.3.2.2 Steps to reproduce the issue.
16.3.2.3 Screenshots or screen recordings if applicable.
16.3.2.4 Any error messages received.
16.3.2.5 Information about the browser, device, or environment where the issue occurs.
16.3.3 The Company will review your claim and determine whether it is covered under the warranty.
16.3.4 The Company will use reasonable efforts to correct qualifying issues within a reasonable timeframe, taking into account the complexity of the issue and the Company's production schedule.
16.4.1 The Company's sole obligation under this warranty is to correct the bug, error, or defect.
16.4.2 The Company shall have no other liability with respect to warranty claims.
16.4.3 This warranty is expressly in lieu of all other warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
16.4.4 The Company's liability under this warranty shall not exceed the amount you paid for the affected Services.
16.5.1 Support and maintenance services beyond the Warranty Period are available under separate maintenance agreements at the Company's then-current rates.
16.5.2 The Company is under no obligation to provide any support, maintenance, updates, modifications, or other services after the expiration of the Warranty Period unless a separate maintenance agreement has been entered into.
16.5.3 After the Warranty Period, requests for bug fixes, updates, or modifications will be billed as additional services.
17.1.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES.
17.1.2 Excluded damages include, but are not limited to:
17.1.2.1 Loss of profits.
17.1.2.2 Loss of revenue.
17.1.2.3 Loss of business opportunities.
17.1.2.4 Loss of goodwill.
17.1.2.5 Loss of use.
17.1.2.6 Loss of data.
17.1.2.7 Cost of procurement of substitute goods or services.
17.1.2.8 Personal injury or death.
17.1.2.9 Any other intangible losses.
17.1.3 This exclusion applies regardless of the legal theory on which the claim is based, including warranty, contract, tort (including negligence), strict liability, statute, or any other legal theory.
17.1.4 This exclusion applies even if the Company has been advised of the possibility of such damages.
17.1.5 This exclusion applies even if a limited remedy set forth herein is found to have failed of its essential purpose.
17.2.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, ANY PROJECT AGREEMENT, THE SITE, THE SERVICES, OR THE DELIVERABLES SHALL NOT EXCEED THE GREATER OF:
17.2.1.1 One Hundred Dollars ($100.00); or
17.2.1.2 The total amount paid by you to the Company in the twelve (12) months immediately preceding the event giving rise to the claim.
17.2.2 This cap applies regardless of the legal theory on which the claim is based.
17.2.3 This cap applies to all claims in the aggregate, not to each claim individually.
17.3.1 The limitations of liability set forth in this Section shall apply even if the Company has been advised of the possibility of such damages.
17.3.2 The limitations shall apply even if such damages are foreseeable.
17.3.3 The limitations shall apply even if any remedy fails of its essential purpose.
17.4.1 Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages.
17.4.2 In such jurisdictions, the Company's liability shall be limited to the greatest extent permitted by applicable law.
17.5.1 You acknowledge and agree that the limitations of liability set forth in this Section are an essential element of the bargain between you and the Company.
17.5.2 The Company would not enter into these Terms of Service or provide the Services without these limitations.
17.5.3 The pricing for the Services reflects the allocation of risk set forth herein.
17.5.4 You agree that the limitations of liability shall apply notwithstanding any failure of essential purpose of any limited remedy.
18.1.1 You shall indemnify, defend, and hold harmless the Company Parties from and against any and all Claims arising out of, relating to, or resulting from:
18.1.1.1 Any breach by you of any representation, warranty, covenant, or obligation under these Terms of Service or any Project Agreement.
18.1.1.2 Your use of the Site or Services.
18.1.1.3 Any Content or materials you provide.
18.1.1.4 Any violation by you of Applicable Law.
18.1.1.5 Any infringement or violation of Intellectual Property Rights or other rights of any person or entity by you or by Content or materials you provide.
18.1.1.6 Your violation of the rights of any third party, including any right of privacy or publicity.
18.1.1.7 Any claim that your Content caused damage to a third party.
18.1.1.8 Any claim arising from your business, products, or services.
18.1.1.9 Any act or omission by you or your employees, agents, or contractors in connection with the project.
18.1.1.10 Your failure to obtain required third-party licenses or consents.
18.1.1.11 Any claim by a new owner or successor to your business arising from the non-transferability of rights.
18.2.1 For purposes of this Section, "Claims" includes any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, settlements, judgments, fines, penalties, costs, and expenses.
18.2.2 Claims includes reasonable attorneys' fees, court costs, and expert witness fees.
18.3.1 You shall provide the Company with prompt written notice of any Claim of which you become aware.
18.3.2 The Company shall have the right to participate in the defense of any Claim at its own expense and with counsel of its own choosing.
18.3.3 You shall not settle or compromise any Claim, or admit any liability with respect thereto, without the prior written consent of the Company.
18.4.1 Your indemnification obligations under this Section shall survive the termination or expiration of these Terms of Service and any Project Agreement.
19.1.1 Each party (the "Receiving Party") agrees to maintain the confidentiality of all Confidential Information disclosed by the other party (the "Disclosing Party").
19.1.2 The Receiving Party shall not disclose Confidential Information to any third party without the prior written consent of the Disclosing Party.
19.1.3 The Receiving Party shall use Confidential Information only for the purposes of performing its obligations or exercising its rights under these Terms of Service or the applicable Project Agreement.
19.2.1 The Receiving Party shall protect Confidential Information using at least the same degree of care it uses to protect its own confidential information of a similar nature.
19.2.2 In no event shall the Receiving Party use less than a reasonable degree of care.
19.3.1 The Receiving Party may disclose Confidential Information to its employees, contractors, agents, and advisors who have a need to know such information for purposes of performing under these Terms of Service or the applicable Project Agreement.
19.3.2 Such persons must be bound by confidentiality obligations at least as protective as those set forth herein.
19.4.1 The obligations set forth in this Section do not apply to information that:
19.4.1.1 Is or becomes publicly available through no fault of the Receiving Party.
19.4.1.2 Was already known to the Receiving Party at the time of disclosure without restriction.
19.4.1.3 Is independently developed by the Receiving Party without use of or reference to Confidential Information.
19.4.1.4 Is lawfully received from a third party without restriction.
19.5.1 If the Receiving Party is required to disclose Confidential Information pursuant to a valid court order, subpoena, or other legal process:
19.5.1.1 The Receiving Party shall give the Disclosing Party prompt written notice of such requirement, to the extent legally permitted.
19.5.1.2 The notice shall allow the Disclosing Party to seek protective measures.
19.5.1.3 The Receiving Party shall disclose only such Confidential Information as is legally required.
19.6.1 The confidentiality obligations set forth in this Section shall survive the termination or expiration of these Terms of Service and any Project Agreement for a period of three (3) years.
20.1.1 You may terminate your use of the Site at any time by discontinuing access.
20.1.2 For active service agreements, you must provide written notice of termination to Hello@ArlaSites.com.
20.1.3 Unless otherwise specified in your Project Agreement, you must provide at least fifteen (15) days' notice prior to your desired termination date.
20.2.1 You remain responsible for all fees incurred through the date of termination.
20.2.2 Fees include charges for work already completed and work in progress.
20.2.3 No refunds will be provided for work already completed or in progress.
20.2.4 No refunds will be provided for deposits or upfront payments made, unless otherwise specified in your Project Agreement.
20.3.1 The Company may suspend or terminate your access to the Site and/or Services immediately, without prior notice or liability, for any reason or no reason.
20.3.2 Reasons for termination may include, but are not limited to:
20.3.2.1 Breach of these Terms of Service or any Project Agreement.
20.3.2.2 Non-payment of fees.
20.3.2.3 Fraud or suspected fraud.
20.3.2.4 Abusive, threatening, or harassing behavior toward Company personnel.
20.3.2.5 Requests for illegal, unethical, or harmful work.
20.3.2.6 Provision of Content that violates these Terms of Service or Applicable Law.
20.3.2.7 Actions that expose the Company to potential legal liability.
20.3.2.8 A determination by the Company that continued provision of Services is not in the Company's best interests.
20.4.1 Upon termination of these Terms of Service or any Project Agreement for any reason:
20.4.1.1 Your right to use the Site and/or Services will immediately cease.
20.4.1.2 Any licenses granted to you herein will terminate, except as otherwise expressly provided.
20.4.1.3 You must pay all amounts due through the date of termination within ten (10) days of termination.
20.4.1.4 The Company may retain all work product created prior to termination if full payment has not been received.
20.4.1.5 The Company may delete or remove any of your data or Content from its systems after a reasonable period of time.
20.5.1 Provisions of these Terms of Service that by their nature should survive termination shall survive.
20.5.2 Surviving provisions include, but are not limited to: Sections 1, 2, 3, 6.4, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, and 31.
20.6.1 Termination of these Terms of Service or any Project Agreement shall not relieve you of any obligations that have accrued prior to termination.
20.6.2 Accrued obligations include, but are not limited to, payment obligations, indemnification obligations, and confidentiality obligations.
21.1.1 These Terms of Service and any Project Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States of America.
21.1.2 This choice of law applies without regard to Pennsylvania's conflict of law provisions.
21.2.1 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Service or any Project Agreement.
21.3.1 You agree that any legal action or proceeding relating to these Terms of Service, any Project Agreement, the Site, or the Services shall be instituted exclusively in the federal or state courts located in Clarion County, Pennsylvania.
21.3.2 You consent to the exclusive jurisdiction and venue of such courts.
21.3.3 You waive any objection to the laying of venue in such courts based on grounds of forum non conveniens or otherwise.
21.4.1 You agree that service of process may be made by any means permitted by Applicable Law.
22.1.1 Before initiating any formal dispute resolution proceeding, you agree to first contact the Company directly at Hello@ArlaSites.com to attempt to resolve the dispute informally.
22.1.2 Most concerns can be quickly resolved through informal communication.
22.1.3 You agree to provide the Company with a written description of the dispute, including:
22.1.3.1 All relevant facts and circumstances.
22.1.3.2 All relevant documents and information.
22.1.3.3 The relief you are seeking.
22.1.3.4 Your contact information for further communication.
22.1.4 The Company will review your submission and respond within thirty (30) days of receipt.
22.1.5 Both parties agree to negotiate in good faith to attempt to resolve the dispute.
22.2.1 If informal resolution is unsuccessful after thirty (30) days of good-faith negotiation, either party may pursue binding arbitration.
22.2.2 Any dispute, controversy, or claim arising out of or relating to these Terms of Service, any Project Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, shall be determined by binding arbitration.
22.2.3 This includes the determination of the scope or applicability of this agreement to arbitrate.
22.2.4 Arbitration shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.
22.3.1 The arbitration shall take place in Clarion County, Pennsylvania, unless the parties mutually agree to a different location.
22.3.2 The arbitration shall be conducted by a single arbitrator.
22.3.3 The arbitrator shall be mutually agreed upon by the parties, or if the parties cannot agree, selected in accordance with the Commercial Arbitration Rules.
22.3.4 The arbitrator shall have the authority to award any remedy that would be available in court, subject to the limitations of liability set forth in these Terms of Service.
22.3.5 The arbitrator's decision shall be final and binding.
22.3.6 Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
22.4.1 The parties shall share equally the arbitration filing fees and arbitrator's fees.
22.4.2 If you demonstrate that such fees would impose an undue hardship on you, the Company may pay a greater share of such fees in its sole discretion.
22.4.3 Each party shall bear its own attorneys' fees and costs, except as otherwise provided in Section 23.
22.5.1 YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY.
22.5.2 YOU AGREE NOT TO BRING CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
22.5.3 Unless both you and the Company agree otherwise in writing:
22.5.3.1 The arbitrator may not consolidate more than one person's claims.
22.5.3.2 The arbitrator may not preside over any form of a representative, class, or collective proceeding.
22.5.4 If this class action waiver is found to be unenforceable, then the entirety of this arbitration agreement shall be null and void, and the dispute shall be resolved in accordance with Section 21.
22.6.1 Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdictional limits of such court.
22.6.2 Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of Intellectual Property Rights.
23.1.1 If any legal action, arbitration, or other proceeding is brought for the enforcement of these Terms of Service or any Project Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any provision hereof:
23.1.1.1 The successful or prevailing party shall be entitled to recover reasonable attorneys' fees.
23.1.1.2 The prevailing party shall be entitled to recover arbitration fees.
23.1.1.3 The prevailing party shall be entitled to recover expert witness fees.
23.1.1.4 The prevailing party shall be entitled to recover other costs and expenses incurred.
23.1.1.5 Such recovery is in addition to any other relief to which the prevailing party may be entitled.
23.2.1 For purposes of this Section, the "prevailing party" shall mean the party that obtains substantially the relief sought, as determined by the court or arbitrator.
24.1.1 All notices, requests, demands, and other communications required or permitted under these Terms of Service shall be in writing.
24.2.1 Notices shall be deemed to have been duly given upon:
24.2.1.1 Personal delivery with written acknowledgment of receipt.
24.2.1.2 Confirmation of delivery by a nationally recognized overnight courier service with tracking capability.
24.2.1.3 Three (3) Business Days after deposit in the United States mail by registered or certified mail, return receipt requested, postage prepaid.
24.2.1.4 Confirmation of delivery by email to the email address specified herein, provided that any notice given by email shall also be sent by one of the other methods within three (3) Business Days.
24.3.1 Notices to the Company shall be sent to:
Arla Group
PO Box 29
Crown, PA 16220
United States
Attention: Legal Department
Email: Hello@ArlaSites.com
24.3.2 The Company may designate a different address for notices by written notice to you.
24.4.1 Notices to you shall be sent to the address or email address you have provided to the Company.
24.4.2 You may designate a different address for notices by written notice to the Company.
24.4.3 You are responsible for ensuring the Company has your current contact information.
25.1.1 These Terms of Service, together with the Privacy Policy, any applicable Project Agreement, and any other written agreements executed between you and the Company, constitute the entire agreement between the parties with respect to the subject matter hereof.
25.1.2 These agreements supersede all prior and contemporaneous understandings, agreements, representations, warranties, and communications, both written and oral.
25.2.1 The Company reserves the right to update or modify these Terms of Service at any time.
25.2.2 Revised Terms of Service shall be effective immediately upon posting on the Site.
25.2.3 The Company may send you an email notification of material changes, but is not obligated to do so.
25.2.4 Your continued use of the Site or Services after the posting of revised Terms of Service constitutes your acceptance of such revised Terms of Service.
25.2.5 It is your responsibility to review these Terms of Service periodically for changes.
25.3.1 No modification, amendment, or waiver of any provision of these Terms of Service shall be effective unless in writing and signed by an Authorized Representative of the Company.
25.3.2 Notwithstanding any course of dealing, course of performance, or usage of trade, these Terms of Service may not be modified by such conduct.
25.3.3 This Section 25.3 does not limit the enforceability of Oral Agreements or Digital Agreements for additional services as described in Section 3; rather, it applies to modifications of the Terms of Service themselves.
26.1.1 The failure of the Company to enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
26.2.1 Any waiver of any provision of these Terms of Service shall be effective only if in writing and signed by an Authorized Representative of the Company.
26.3.1 No waiver of any provision of these Terms of Service shall be deemed a continuing waiver.
26.3.2 No waiver of any provision shall be deemed a waiver of any other provision.
26.3.3 No course of dealing between the parties shall be deemed to modify or waive any provision of these Terms of Service.
27.1.1 If any term, provision, covenant, or condition of these Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable:
27.1.1.1 The remaining provisions shall remain in full force and effect.
27.1.1.2 The remaining provisions shall in no way be affected, impaired, or invalidated.
27.2.1 The invalid, void, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving to the greatest extent possible the parties' original intent.
27.2.2 If such modification is not possible, the provision shall be deemed severed from these Terms of Service.
27.2.3 The remaining provisions shall be interpreted as if the severed provision had never been included.
28.1.1 These Terms of Service bind and inure to the benefit of the parties and their respective permitted successors and assigns.
28.2.1 You may not assign, transfer, delegate, sublicense, or otherwise dispose of these Terms of Service or any of your rights or obligations hereunder.
28.2.2 This prohibition applies whether the assignment is voluntary, involuntary, or by operation of law.
28.2.3 Any attempted assignment in violation of this Section shall be null and void.
28.3.1 The Company may assign these Terms of Service or any of its rights or obligations hereunder, in whole or in part, without your consent and without notice to you.
28.3.2 Assignment may be to any affiliate or to any third party in connection with a merger, acquisition, corporate reorganization, sale of assets, or similar transaction.
28.3.3 The Company may engage subcontractors or independent contractors to perform any of its obligations without your consent.
29.1.1 The Company is an independent contractor.
29.1.2 The Company is not an employee, partner, joint venturer, agent, or franchisee of you or any of your affiliates.
29.1.3 Nothing in these Terms of Service shall be construed to create an employment, partnership, joint venture, agency, or franchise relationship.
29.2.1 Neither party has the authority to bind the other party.
29.2.2 Neither party may incur obligations on behalf of the other party without prior written consent.
29.3.1 The Company shall have sole control over the manner and means of performing the Services, subject to the specifications in any Project Agreement.
30.1.1 These Terms of Service are intended solely for the benefit of the parties hereto and their respective permitted successors and assigns.
30.1.2 Nothing in these Terms of Service is intended to confer upon any other person or entity any legal or equitable right, benefit, or remedy.
30.2.1 By using the Site and/or Services, you consent to receiving electronic communications from the Company.
30.2.2 Electronic communications may include notices about your account, transactional information, and other information concerning the Site and Services.
30.2.3 You agree that electronic communications satisfy any legal requirement that communications be in writing.
30.3.1 The Company is committed to making its Site and Services accessible to all users.
30.3.2 If you experience any difficulty accessing any part of the Site or Services, please contact the Company at Hello@ArlaSites.com.
30.3.3 The Company will work with you to provide information or services through an accessible alternative communication method.
30.4.1 You agree to comply with all applicable export and re-export control laws and regulations.
30.4.2 This includes the Export Administration Regulations maintained by the U.S. Department of Commerce and sanctions programs maintained by the U.S. Treasury Department's Office of Foreign Assets Control.
30.4.3 You represent that you are not located in, under the control of, or a national or resident of any country to which export is prohibited by United States law.
30.5.1 If you are a U.S. government end user, the Site and Services are "Commercial Items" as defined at 48 C.F.R. § 2.101.
30.5.2 The Site and Services consist of "Commercial Computer Software" and "Commercial Computer Software Documentation."
30.5.3 Such items are licensed with only those rights granted to all other end users pursuant to these Terms of Service.
30.6.1 Neither party shall be liable for any failure or delay in performing its obligations where such failure or delay results from a Force Majeure Event.
30.6.2 The affected party shall give prompt written notice of the Force Majeure Event.
30.6.3 The affected party shall use reasonable efforts to mitigate the impact and resume performance as soon as practicable.
30.6.4 If a Force Majeure Event continues for more than thirty (30) consecutive days, either party may terminate the affected Project Agreement upon written notice.
30.6.5 In the event of such termination, you shall pay for all Services provided through the date of termination.
30.7.1 Provisions that by their nature should survive termination or expiration shall survive.
30.7.2 Surviving provisions include those relating to ownership, intellectual property, limitations of liability, indemnification, confidentiality, dispute resolution, and general provisions.
30.8.1 The headings and subheadings in these Terms of Service are for convenience only.
30.8.2 Headings shall not affect the interpretation of any provision.
30.9.1 Any Project Agreement may be executed in counterparts, each of which shall be deemed an original.
30.9.2 All counterparts together shall constitute one and the same instrument.
30.9.3 Electronic signatures shall have the same legal effect as original signatures.
31.1.1 If you have any questions, concerns, or comments about these Terms of Service, please contact the Company at:
Arla Group
PO Box 29
Crown, PA 16220
United States
Phone: (814) 308-8841
Email: Hello@ArlaSites.com
31.2.1 For service of legal process, please send notices to the address above, Attention: Legal Department.
Effective Date: January 1, 2022
Last Updated: January 13, 2026
SMS 1.1 By providing your mobile phone number and opting in to receive SMS messages from Arla Sites (a service of Arla Group), you agree to these SMS Terms and Conditions.
SMS 1.2 You can opt in by texting JOIN to 814-308-8841 or by providing your phone number through our website or contact forms.
SMS 1.3 Consent is not required as a condition of purchase.
SMS 2.1 You will receive the following types of SMS messages from the Company:
SMS 2.1.1 Account notifications pertaining to updates about your account status and important account-related information.
SMS 2.1.2 Customer care messages including service updates, support communications, and responses to your inquiries.
SMS 2.1.3 Delivery and project notifications providing updates about service delivery, project milestones, and completion notices.
SMS 2.1.4 Marketing messages containing promotional offers, new service announcements, and special deals.
SMS 2.1.5 Educational content featuring tips, best practices, and resources related to website optimization and digital marketing.
SMS 3.1 Message frequency varies depending on your interaction with our Services and current promotions.
SMS 3.2 You may receive approximately two (2) to four (4) marketing messages per month.
SMS 3.3 You will receive service and account notifications as needed based on your active projects.
SMS 3.4 You will never receive more than ten (10) messages per month unless you specifically request additional communications.
SMS 4.1 Message and data rates may apply.
SMS 4.2 Standard messaging rates from your wireless carrier will apply to all messages sent and received.
SMS 4.3 Please contact your mobile service provider for details about your messaging plan.
SMS 5.1 To stop receiving messages, text STOP to 814-308-8841 at any time.
SMS 5.2 After texting STOP, you will receive one final confirmation message indicating that you have been unsubscribed.
SMS 5.3 You will no longer receive SMS messages from the Company unless you re-opt-in.
SMS 5.4 Opting out of SMS messages will not affect email communications if you have separately opted in to receive emails.
SMS 6.1 For help or more information, text HELP to 814-308-8841.
SMS 6.2 After texting HELP, you will receive a message with instructions on how to use the service and contact information for support.
SMS 6.3 You may also contact the Company by phone at (814) 308-8841 or by email at Hello@ArlaSites.com.
SMS 7.1 This service is available on most major U.S. carriers including AT&T, Verizon Wireless, Sprint, T-Mobile, and others.
SMS 7.2 Carriers are not liable for delayed or undelivered messages.
SMS 8.1 Your mobile number and SMS opt-in consent are never shared with third parties for any purpose.
SMS 8.2 Customer data is not shared with third parties for promotional or marketing purposes.
SMS 8.3 Any information sharing mentioned in our Privacy Policy specifically excludes mobile opt-in data.
SMS 8.4 For complete privacy information, please review our Privacy Policy at https://arlasites.com/privacy-policy/.
SMS 9.1 Messages will be sent from 814-308-8841.
SMS 9.2 For questions or concerns about our SMS program, contact the Company at:
Arla Group
PO Box 29
Crown, PA 16220
United States
Phone: (814) 308-8841
Email: Hello@ArlaSites.com
SMS 10.1 The Company reserves the right to modify these SMS Terms and Conditions at any time.
SMS 10.2 The Company will notify you of material changes by sending an SMS message to your registered mobile number.
SMS 10.3 Your continued participation in the SMS program after such notification constitutes acceptance of the updated terms.
SMS 11.1 To opt in: Text JOIN to 814-308-8841 or provide your number on our website.
SMS 11.2 To opt out: Text STOP to 814-308-8841.
SMS 11.3 For help: Text HELP to 814-308-8841.
SMS 11.4 Questions: Call (814) 308-8841 or email Hello@ArlaSites.com.
END OF TERMS OF SERVICE