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Terms of Service – ARK DEV LLC

1. Introduction

These Terms of Service (“Terms”) govern your use of the website arkdevllc.com and any services provided by ARK DEV LLC (“we”, “us”, “our”). By accessing or using our website or engaging our services, you agree to be bound by these Terms.

If you do not agree with these Terms, you should not use our website or services.

Company Details
ARK DEV LLC
212 N. 2nd Street, STE 100, Richmond, KY, 40475
EIN: 33-1537549
Email: contact@arkdevllc.com

2. Scope of Services

ARK DEV LLC provides Full-Stack Web Development & Digital Solutions, including but not limited to:

  • Custom website design & development
  • Web application development (SPA & MPA)
  • E-commerce website development
  • CMS development & customization
  • API development & system integration
  • Website performance optimization
  • Technical SEO & site audits
  • UX/UI design & usability testing
  • Website maintenance & support
  • Cloud hosting, deployment & DevOps

The exact scope, deliverables, timelines and pricing for any specific project are defined in a separate written proposal, statement of work, or service agreement (“Project Agreement”).

3. Eligibility

By using our website or services, you confirm that:

  • You are at least 18 years old or have legal capacity to enter into a contract.
  • You are acting on your own behalf or as an authorized representative of a company or organization.
  • You will provide accurate and complete information during any communication or onboarding process.

4. Quotes, Proposals & Orders

Any quote or proposal we provide is based on the information you share with us at that time. We reserve the right to revise pricing, scope, or timelines if requirements change, if additional work is requested, or if previously undisclosed technical constraints appear.

A project is considered accepted and confirmed once you formally approve the proposal (for example via email confirmation, electronic signature, or signed agreement) and, where applicable, any required deposit or upfront payment has been received.

5. Fees, Invoicing & Payment Terms

Fees and payment terms are defined in each Project Agreement. Unless otherwise stated:

  • Invoices are due upon receipt or within the payment window specified on the invoice.
  • Late payments may result in suspension of work and/or delivery until payment is received.
  • We reserve the right to charge late fees or interest where permitted by law.

You are responsible for any bank fees, transfer fees, or currency conversion charges that may apply.

6. Client Responsibilities

To enable us to deliver the agreed services, you agree to:

  • Provide all necessary information, content, and access credentials in a timely manner.
  • Ensure that any content, data or materials you supply do not infringe third-party rights or applicable laws.
  • Review and approve deliverables within the timeframes stated in the Project Agreement.
  • Designate a primary point of contact for communication and decision-making.

Delays in providing required information, access, or approvals may result in project delays or additional fees.

7. Intellectual Property

7.1. Our IP

We retain all rights, title and interest in any pre-existing tools, frameworks, libraries, processes, templates, and know-how we use to deliver services. Unless explicitly stated otherwise in a Project Agreement, we also retain ownership of our proprietary code, components, and internal systems.

7.2. Project Deliverables

Unless agreed otherwise in writing, upon full payment of all fees due for a project:

  • You receive a non-exclusive, non-transferable license to use the final deliverables for your own business purposes.
  • Where a transfer of ownership is agreed in the Project Agreement (for example, for custom code or designs), such transfer takes effect after full payment has been received.

7.3. Client Content

You retain all rights to your own content, trademarks, logos, and other materials you provide. You grant us a limited license to use such materials solely for the purpose of completing the project and showcasing the work in our portfolio or marketing materials, unless you explicitly request otherwise.

8. Third-Party Services & Dependencies

Our services may involve integration with third-party platforms, software or services (such as hosting providers, payment gateways, analytics tools, or CMS platforms). Your use of any third-party service is subject to that provider’s own terms and policies.

We are not responsible for:

  • Downtime, bugs, or changes introduced by third-party services.
  • Decisions made by third-party providers regarding your accounts or content.
  • Any additional costs charged by third-party providers.

9. Warranties & Disclaimers

We strive to deliver professional, high-quality services. However, to the maximum extent permitted by law, our services and website are provided “as is” and “as available” without any express or implied warranties, including but not limited to:

  • Warranties of merchantability or fitness for a particular purpose.
  • Warranties that the services will be error-free, uninterrupted, or 100% secure.
  • Warranties regarding specific business results, rankings, traffic, or revenue.

10. Limitation of Liability

To the fullest extent permitted by law, ARK DEV LLC shall not be liable for:

  • Any indirect, incidental, consequential, special or punitive damages.
  • Any loss of profits, revenue, data, or business opportunities.
  • Any damages exceeding the total amount paid by you for the specific project or service that gave rise to the claim.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is not permitted by law.

11. Indemnification

You agree to indemnify, defend and hold harmless ARK DEV LLC, its owners, employees and contractors from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use of our website or services.
  • Your breach of these Terms or any Project Agreement.
  • Any content or materials you provide that infringe third-party rights or violate applicable laws.

12. Confidentiality

Both parties agree to treat as confidential any non-public information received from the other party in the course of the project, and to use such information only for purposes related to the agreed services. This obligation does not apply to information that is already public, independently developed, or required to be disclosed by law.

13. Termination

Either party may terminate a project or ongoing service:

  • In accordance with the termination provisions stated in the applicable Project Agreement, or
  • Immediately, if the other party commits a material breach and fails to remedy it within a reasonable time.

Upon termination, you remain responsible for payment of all work completed up to the termination date, plus any non-refundable third-party costs incurred on your behalf.

14. Governing Law & Jurisdiction

These Terms and any dispute arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of Kentucky and the federal laws of the United States, without regard to conflict of law principles.

Any legal action or proceeding shall be brought exclusively in the state or federal courts located in or serving Richmond, Kentucky, and you consent to the jurisdiction of such courts.

15. Changes to These Terms

We may update or modify these Terms from time to time. Any changes will be posted on this page. Your continued use of our website or services after changes are posted constitutes your acceptance of the updated Terms.

16. Contact Us

If you have any questions about these Terms of Service or our services, please contact us:

ARK DEV LLC
212 N. 2nd Street, STE 100
Richmond, KY, 40475
Email: contact@arkdevllc.com