Terms and Conditions

Last Revised: 04-18-2020
Terms & Conditions

The subsequent Terms and Conditions of Service apply to all products & services provided by The Business Arise and in the event of any dispute are governed by the laws and regulations of the United States of America.

The confirmation of design upon design categorization and stated services provided are deemed to be given by us as fulfilling the contract.

Job Acceptance & Processing

Firstly, prices accompanied with services that will be fulfilled will be available on the secured SSL encrypted website (www.thebusinesstoolkit.com). Upon purchase of products or/and services, The Business Arise will provide the customer with a digital invoice via email through our gateway company via email. These Terms and Conditions can be read at any time on The Business Arise's website.

Paying for the service/s and/or product/s will be understood as the acknowledgement and understanding of all terms and conditions.

This binds the client to accept our terms and conditions.

The Business Arise Terms & Conditions are what govern the job, not any presumed conditions on the customer's purchase order.

Project Charges

Charges/Costs/Monetary exchange for design services to be provided by The Business Arise will be set out in an invoice that is provided to the customer via email. At the time of the customer's acceptance of this invoice through the payment authorization, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the invoiced fee will become immediately due.

Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of one hundred percent (100%) of the product/s and/or service/s invoiced total before the work commences or is supplied to the Client for review and/or confirmation.

Source Files

We will supply the files in formats that you would require to utilize your design such as printing and advertising.

The formats are as follows: .PNG, .JPG, .PDF, .EPS, .AI/.PSD

Charges for Other Services

Charges for any additional services requested (including revisions that have exceeded upon agreement) during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the invoiced amount) at the time of estimate or quotation acceptance.

Payment

The customer will be provided with an Approval Form or Proof Email, and an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form or signify approval by email to The Business Arise.

Any invoice queries must be submitted by email within 14 days of the invoice date. Clients are subject to contact us to discuss queries if not answered via email within 2 days of submitted email.

Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment interest charge at the Bank of America Base Rate plus 12.5% on the outstanding amount from the date due until the date of payment.

Payments may be made by online transfer, credit card (Visa, Mastercard) or Debit Card and/through PayPal gateway.

Publication and/or release of work done by The Business Arise on behalf of the client, will not take place before cleared funds have been received.

The Business Arise reserves the right to consider an account to be in default in the event of an unpaid balance within (30) days or incomplete/declined payments.

Default

An account shall be subjected to default if it remains unpaid for thirty (30) days from the date of invoice. The Business Arise shall be entitled to remove The Business Arise -Ëœs and/or the customer's material from any and all computer systems/databases/cloud/servers, until the amount due has been fully paid. This includes any and all unpaid monies due for services. Removal or discontinuation of services of such materials does not relieve the customer of its obligation to pay the due amount.

Clients whose accounts become default agree to pay all The Business Arise's legal and accounting expenses and third-party collection agency fees in/ the enforcement of the rational debt and these Terms and Conditions.

Copyrights and Trademarks

Any artwork, images, or text supplied and/or designed by The Business Arise on behalf of the customer, the customer obtains Full Ownership Rights of the property.

By providing text, images and other data to The Business Arise for insertion in the customer's designs, the customer declares and acknowledges that it holds the responsibility/appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.

Any software, code, plugin or other third-party material used in a digital project remains the property of the creator and any ongoing license fees or fees for upgrades are the responsibility of the client, not The Business Arise.

By providing images, text, or any other data to The Business Arise, the client grants The Business Arise permission to use this material freely in the pursuit of the design.

Should The Business Arise, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow The Business Arise to remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold The Business Arise free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.

Revisions and Altercations

Each advertised and invoiced package indicates a maximum of revisions. If these revisions have been exhausted and the customer requires additional revisions and altercations, the client accepts the underlying additional fees.

The client also agrees that The Business Arise holds no responsibility for any amendments made by any third party, before or after a design is processed, designed and published.

Licensing

Any design, copywriting, drawing, idea or code created for the customer by The Business Arise, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of The Business Arise and any of its relevant sub-contractors.

All design work -" where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.

The Business Arise will not be held responsible for any and all damages resulting from such claims.

The Business Arise is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold The Business Arise responsible for any such loss or damage.

Any claim against The Business Arise shall be limited to the relevant fee(s) paid by the customer.

Design Project Duration

The standard timeframe for a first draft of the invoiced and purchased design is set between 48 and 120 hours. First drafts are subject to be sent before the 48-hour threshold but not guaranteed (based on project que and efficiency). Any indication given by The Business Arise of a design project's duration is to be considered by the customer to be an estimation. The Business Arise cannot be held responsible for any project over-runs, amid any circumstance. Estimated project duration should be deemed to be from the date that cleared funds are received by The Business Arise for the initial payment or by date confirmed.

Project Completion

The Business Arise considers the design project complete upon confirmation via any documented (proof) means of communication.

Design Credits

The customer agrees to allow The Business Arise to place a small credit on printed material exhibition displays, advertisements and/or a link to The Business Arise own website on the customer's website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page. The customer agrees to allow The Business Arise to advertise their finished product on The Business Arise website and social media. Exception can be granted upon written email and authorization/acknowledgment from The Business Arise

Rights of Refusal

The Business Arise will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. The Business Arise also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that The Business Arise does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow The Business Arise to remove the contravention without hindrance, or penalty. The Business Arise is to be held in no way responsible for any such data being included.

Cancellation

Cancellation of invoiced, paid, and processed orders may be made initially by telephone communication or e-mail. However, the client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of fees due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by The Business Arise within 14 days of such instruction being issued, will be liable for the full quoted cost of the project. Anything beyond will be subjected to default status.

Disclaimer

The Business Arise makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. The Business Arise will not be held responsible for any and all damages resulting from products and/or services it supplies. The Business Arise is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to analyze, examine and investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold The Business Arise responsible for any such loss or damage. Any claim against The Business Arise shall be limited to the relevant fee(s) paid by the customer.

The Business Arise reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. The Business Arise will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

Client Approval & File Usage Disclaimer

Upon final design approval by the client, whether through written confirmation, payment, or verbal agreement, the client accepts full responsibility for the accuracy, quality, resolution, and content of the approved design. The Business Arise shall bear no liability for any issues, damages, or losses arising from the use, printing, or distribution of the design post-approval.

Clients are solely responsible for verifying that the files provided are suitable for their intended use, including but not limited to resolution, format, licensing, and commercial print compatibility. The Business Arise is not responsible for errors or quality issues resulting from third-party vendors, file handling, or miscommunication between the client and their chosen printer.

If multiple versions of a file are provided, it is the client's duty to ensure the correct and final version is submitted for production. The Business Arise will not be held liable for the misuse or incorrect selection of design files once delivered.

By approving the final design, the client waives all claims against The Business Arise related to post-approval revisions, printing errors, or third-party execution.
General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. The Business Arise reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Express Logo Delivery Terms
Express Logo Delivery service is designed to offer clients an accelerated timeline for receiving the first draft of their logo designs, ensuring a faster start to the revision and finalization process. This service is optional and available for an additional fee, providing clients with a choice between standard and expedited delivery schedules based on their needs.

Refund Policy

General Refund ConditionsUpon placing an order with The Business Arise LLC, clients agree to our financial terms, acknowledging that 50% of the service fee is non-refundable. This policy reflects the upfront costs borne by our company, including merchant processing fees, legal expenses, and other operational costs essential for initiating, processing, and delivering the ordered services. Covers preliminary expenses and resource allocation essential for project commencement.

Policy on Uninitiated Services

Refund Rejection Criteria

The Business Arise LLC reserves the right to deny refund requests under the following conditions:

1. Approval of the initial design concept and commencement of further development.
2. Requests for revisions following the initial concept/draft.
3. Cancellations not related to the quality or performance of our services.
4. Lack of communication for more than 10 days post-purchase.
5. Should communication cease for a period exceeding 10 days at any point following a purchase
6. Violation of any terms or policies of The Business Arise LLC.
7. Engagement with another service provider for the same project scope.
8. Submission of an incomplete required information form.
9. Requests for and completion of a complete design overhaul.
10. Refund requests submitted beyond the agreed "request for a refund" duration.
11. Business closure or changes in name or ownership.
12. Non-service quality related reasons such as change of mind or internal disagreements.
13. Inappropriate client conduct including verbal abuse, threats, or cyberbullying.
14. Approval of designs, post which no refund requests will be entertained.

Chargeback, Card Network Dispute Waiver & Exclusive Arbitration

By placing an order, making payment, or approving work from The Business Arise LLC, the customer knowingly and voluntarily waives all rights to initiate, escalate, or participate in any card-network dispute process, including but not limited to chargebacks, pre-arbitrations, and arbitration filings with any payment processor, issuing bank, or card brand.

The customer must first submit any dispute in writing to support@thebusinesstoolkit.com. The Business Arise LLC will be granted no fewer than 14 calendar days to review and resolve the concern.

The card networks are not an authorized dispute forum for this Agreement. The sole and exclusive remedy for any unresolved dispute is individual binding arbitration as governed by this Agreement.

Any attempt to initiate a chargeback or pre-arbitration constitutes:

1. Breach of contract
2. Immediate forfeiture of all refund rights
3. Revocation of all rights to design usage
4. Liability for the full invoice value and all dispute fees, including:
5. Network arbitration fees
6. Administrative recovery fee of no less than $500
7. Legal fees, collection fees, and interest where applicable

If a chargeback or pre-arbitration is opened, the dispute shall be classified for examiner purposes as "Cardholder Does Not Have Right to Dispute".

 

Rights Upon Refund Upon issuing a refund, all rights to the designs and work produced revert to The Business Arise LLC, which retains full ownership. The client forfeits any right to use the designs or work in any capacity.

Request Submission Clients must submit refund requests within 10 days from the order placement date via email to support@thebusinesstoolkit.com.

Discretionary Rights The Business Arise LLC retains the discretion to reject any project or cancel contracts for any reason deemed necessary. This policy is in place to ensure alignment with our company values and operational capabilities.
Acceptance of Terms and Conditions and Quotation

The placement of an order for design and/or any other services offered by The Business Arise by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.thebusinesstk.com. An estimate validated by the customer's payment of invoice, or by email, constitutes acceptance of the estimate or invoice and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the client and The Business Arise.

These terms of use ("Agreement") set forth the legally binding terms for your use of the Site and Services (whether as a Customer or as a Designer). By registering for Services, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree with all the provisions of this Agreement, you cannot use the Services.

This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.

Email and SMS Marketing Consent
By completing a purchase or signing up for any services on The Business Arise website (www.thebusinesstoolkit.com), customers explicitly agree to receive email and SMS marketing communications from The Business Arise. This consent is obtained through a clear opt-in process at checkout, where customers must acknowledge and agree to our marketing terms before finalizing their purchase.

Opt-In Details:
Explicit Consent: Customers are required to actively check a box agreeing to receive marketing communications before proceeding with their order. This consent includes receiving promotional offers, updates, and service notifications via email and SMS.

Terms & Conditions Disclosure: The opt-in statement is displayed clearly within the checkout process, and customers must acknowledge that they have read and agreed to these Terms & Conditions before submitting their order.

Double Opt-In (If Enabled): In compliance with industry best practices, some communications may require customers to confirm their subscription through a secondary verification email or SMS.

Opt-Out Option: Customers may withdraw their consent at any time by clicking the "Unsubscribe" link in emails or replying "STOP" to SMS messages.

By opting into marketing communications, customers acknowledge that they have read, understood, and agreed to the terms outlined above. The Business Arise ensures that all marketing communications comply with relevant regulations, including the TCPA (Telephone Consumer Protection Act), CAN-SPAM Act, and any applicable carrier guidelines.