Service Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

TERMS & CONDITIONS AGREEMENT

THIS AGREEMENT (“Agreement”) is entered into by either checking the “I have read, understood, and agreed to these terms and conditions” box, or purchasing any services or products from Arrow Integration PTY LTD, visiting or using any of the websites owned and operated Arrow Integration PTY LTD, or by any other reasonable means of acceptance (“Effective Date”), evidences assent to be bound by the terms and conditions contained herein between Arrow Integration PTY LTD, a Australian Company, with an postal address of PO BOX 1116 Coolangatta QLD 4225 Australia (“Contractor”) and YOU (the “Client”) (hereinafter from time to time collectively referred to as the “Parties”).

RECITALS:

WHEREAS, Contractor is in the business of providing electronic commercial services (“e-commerce”) including, but not limited to: web development, Shopify web development, online store setup, testing and launching services and maintenance services;

WHEREAS, Client is engaging Contractor for the purposes of obtaining such e-commerce services as described in further detail below;

WHEREAS, Contractor reserves the right to update and change the Terms of Service by posting updates and changes to the Contractor’s website. The Client is advised to check the Terms & Conditions page from time to time for any updates or changes that may impact Client.

NOW THEREFORE, for and in consideration of the promises and of the mutual covenants and agreements herein contained, the parties hereto mutually agree to be legally bound as follows:

1. SCOPE. Contractor agrees to furnish the e-commerce services to Client, in strict accordance with the services and products contained in the final paid invoice (“Services”), pursuant to the terms and conditions contained in this Agreement:

2. DELIVERY AND REVISIONS. All Services shall be completed within the agreed timeline by both Parties of the Effective Date (“Delivery”). The Client will review Services and can request up to 2 rounds of revisionary work provided by Contractor at no additional charge. After the 2 rounds of revisions are completed, any extra changes or revisions shall be billed at the standard $150.00 AUD per hour Contractor rate for the related services.

3. PRICE; PAYMENT. The non-refundable price of the Services shall be made in USD currency, USD (“Price”), and Client agrees to pay said Price in accordance with the following payment schedule.

3.1:

PAYMENT SCHEDULE:

Due upon agreement. PAYMENT IS NON-REFUNDABLE

3.2: When you purchase our dropship website service, you hire a team of people to do 80 hours of labor in less than 31 days. we do not offer refunds for the creation of dropship websites, as the labor is performed and cannot be returned. by purchasing a site from us, you acknowledge and agree to this.Arrow Integration and King Kong Brands are not responsible for the success of your business, and we are not a marketing agency. we are not selling a course or a program. we are selling dropship websites built in 31 days. We are responsible for building a usa based, automated dropship website in whatever niche you like, in 31 days or less. The standard operating procedures we put in place for our partner marketing agencies are a suggestion of what may lead to a positive roi campaign, and could be considered better than doing nothing at all, but this is your business. you are responsible for it's success.

3.3: REMITTANCE: All payments shall be made via debit card/credit card payment services provided through Shopify or by direct deposit. Should a payment be late or never made/received, Contractor reserves the right to freeze and/or terminate all work related to such account until all payments are settled.

Address: Arrow Integration Po Box 1116Coolangatta4225 Australia

1. OWNERSHIP. Contractor will provide a Finished Product(s) to the Client in the form of source, rendered and asset files relating to all the requested Services (“Finished Product”). The Finished Product becomes the exclusive property of the Client upon acceptance of Delivery, however these files are partially based on a non-exclusive code base created and maintained by Contractor and in some cases existing code was used to help create the deliverables. Such code and other underlying technologies shall NOT become the property of the Client, only the Finished Product(s). In addition, the Finished Product(s) may depend on code, objects (COMs), and other third party utilities that are the property of their respective owners. No rights to these dependencies are expressed or implied. Additional licensing may be required for third party assets. New Dropship Stores built on the Shopify Platform are regarded as the ownership of the client from their first or only payment regardless of accepting transfer of ownership or not.

2. POINT OF CONTACT & TRAINING. Contractor will require one point of contact during the Agreement for clarifying requirements for design, key features, usability, and maintenance issues. Contractor requires this person be available to answer questions arising from the project within 24 to 48 hours on workdays (subject to reasonable exceptions), and possesses the requisite authority to make design and related decisions on the system.

RESPONSE TIME. Contractor works exclusively with Independent Contractors. The benefit of a flexible team is rapid scalability and a diverse set of services. Due to the nature of this business model, Contractor is not set up to support on-call services. Within the duration of this Agreement Contractor will make every good faith effort to reply to inquiries within 24 to 48 hours in Australian Business Hours Monday t, except where the Client has been previously notified of a period of limited availability. Contractor will respond in good faith but cannot guarantee any specific action within a given time frame.

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. Use of our site includes accessing, browsing, or registering to use our site. This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of King Kong Brands cookies policy. License to use website.

Unless otherwise stated, King Kong Brands and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages King Kong Brands from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not: republish material from this website (including republication on another website);sell, rent or sub-license material from the website; show any material from the website in public; reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; edit or otherwise modify any material on the website; or redistribute material from this website [except for content specifically and expressly made available for redistribution. Where content is specifically made available for redistribution, it may only be redistributed within your organisation upon receiving express permission from King Kong Brands.

Acceptable use: You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without King Kong Brands express written consent. You must not use this website to transmit or send unsolicited commercial communications.

No Offer: No information or content contained on these pages should be construed as an offer by King Kong Brands. All services offered by King Kong Brands are subject to signature of the requisite application forms and other documentation relating thereto and are governed by the standard terms and conditions of King Kong Brands in respect thereof and King Kong Brands shall not be bound in any manner until a formal written agreement has been entered into. King Kong Brands reserves the right to reject in its discretion any application submitted for services contained on this website.

Restricted access: Access to certain areas of this website is restricted. King Kong Brands reserves the right to restrict access to King Kong Brands areas of this website, or indeed this entire website, at King Kong Brands discretion. If King Kong Brands provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. King Kong Brands may disable your user ID and password in King Kong Brands sole discretion without notice or explanation.

Other Applicable Terms: These terms of use refer to the following additional terms, which also apply to your use of our site: Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the written permission of the owner thereof. No right, title or interest in any proprietary material contained in this website is granted to you hereunder. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Content: This website is only intended to provide general information regarding King Kong Brands and its products and services and it is not intended to provide exhaustive treatment of any subject dealt with. The information in this website including, without limitation, all research, opinions or other content is therefore not intended nor does it constitute financial, accounting, tax, legal, investment, compliance, risk, training, consulting or other professional advice or services. Before making any decision or taking any action which might affect your personal finances or business you should consult your own professional advisors. This website could include technical, typographical or other inaccuracies and you are urged to contact King Kong Brands to confirm all information contained on these pages prior to placing reliance thereon. Changes are periodically made to the information herein and these changes will be incorporated in new editions of this website.

King Kong Brands expressly reserves the right, in its sole and absolute discretion, to alter or amend any criteria or information set out in this website without notice. This website may now, or hereafter from time to time, contain certain statements or information with respect to: The projection of revenues, income, earnings per share, capital expenditures, dividends, capital structure, or other financial items; or The plans, objectives and/or projections of King Kong Brands for future operations, including those relating to the services of King Kong Brands; or Future economic performance.

King Kong Brands wishes to caution you that such projections are only predictions and that actual events or results may differ materially. No warranties This website is provided “as is” without any representations or warranties, express or implied. King Kong Brands makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, King Kong Brands does not warrant that: this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading. Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability: Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Australian law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our site; or use of or reliance on any content displayed on our site. If you are a business user, please note that in particular, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage. These limitations of liability apply even if King Kong Brands has been expressly advised of the potential loss.

Reasonableness: By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties: Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect King Kong Brands officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as King Kong Brands.

Unenforceable provisions. If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer. Indemnity You hereby indemnify King Kong Brands and undertake to keep King Kong Brands indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by King Kong Brands to a third party in settlement of a claim or dispute on the advice of King Kong Brands legal advisers) incurred or suffered by King Kong Brands arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions. Breaches of these terms and conditions Without prejudice to King Kong Brands other rights under these terms and conditions, if you breach these terms and conditions in any way, King Kong Brands may take such action as King Kong Brands deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Uploading content to our site: Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a client user, this means you will be responsible for any loss or ensure you are familiar with the current version. Any damage we suffer as a result of your breach of warranty. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to certain third parties. The rights you licence to us are described in the next paragraph (Rights you licence).

King Kong Brands adheres to the Privacy laws of Australia and member states local laws. Please refer to our Privacy Policy for further information. By providing us with the personal and sensitive data of your customers King Kong Brands you are hereby confirming that you have obtained express consent from the data subject to allow King Kong Brands to use the personal and/or sensitive data. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site. The views expressed by other users on our site do not represent our views or values.

Viruses: We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the criminal Damage Act 1991, Criminal Justice (Theft and Fraud) Offences Act 2001 and other relatable laws. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. Third party links and resources in our site Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Variation King Kong Brands may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.

Please check this page regularly to Assignment King Kong Brands may transfer, sub-contract or otherwise deal with King Kong Brands rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. Severability If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. Entire agreement: These terms and conditions, constitute the entire agreement between you and in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction: These terms and conditions will be governed by and construed in accordance with Australian Laws, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Australia. 

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