Terms &Conditions

Legal Name: Ark Services

Registered Office: Thakur market Anora Kalan, Lucknow, Uttar Pradesh - 226028, India

Email:arkservice06@gmail.com

Phone: +91 9219802377

Website: www.arkservices.in

By using our services, you represent that: (a) you have read and understood these Terms; (b) you have the legal capacity to enter into a binding contract; (c) you are at least 18 years of age; (d) if representing an organization, you have authority to bind that entity.

If you do not agree with any part of these Terms, you must immediately discontinue use of our services.

These Terms are effective as of the date you first access our website or services, whichever is earlier.

You agree that these Terms constitute a valid electronic contract under the Information Technology Act, 2000.

Electronic acceptance through website forms, email confirmation, or digital signatures is legally binding.

Your electronic signature or agreement has the same legal effect as a handwritten signature.

We will maintain electronic records of all agreements for the duration required by law.

"Services" means all digital services provided by Ark Services including but not limited to web development, mobile application development, UI/UX design, SEO optimization, social media management, digital marketing, business automation, consulting, and related services.

"Website" means the Ark Services website located at arkservices.in and all associated subdomains, pages, and platforms.

"Client" means any individual or legal entity that engages Ark Services for paid or unpaid services.

"Business Client" means a Client acting in a commercial, business, craft, or professional capacity.

"Consumer" means a Client who is an individual acting for purposes outside their trade, business, craft, or profession, as defined under the Consumer Protection Act, 2019.

"Project" means any specific work engagement between Client and Ark Services as defined in a Statement of Work or Project Agreement.

"Deliverables" means the final products, services, work outputs, source code, designs, documentation, or other materials agreed upon in a Project scope.

"Statement of Work (SOW)" means a detailed document outlining project scope, deliverables, timelines, costs, and terms specific to a Project.

"User Content" means any data, text, images, code, or other materials you provide or upload through our Services.

"Intellectual Property" means patents, copyrights, trademarks, trade secrets, moral rights, and all other intellectual property rights.

"Working Days" means Monday to Friday, excluding public holidays in India.

"Force Majeure" means events beyond reasonable control including natural disasters, wars, pandemics, government actions, strikes, or technical failures.

Web Development: Custom websites, web applications, e-commerce platforms, CMS implementation

Mobile Development: Native and cross-platform mobile applications for iOS and Android

UI/UX Design: User interface design, user experience optimization, prototyping

Digital Marketing: SEO, SEM, social media marketing, content marketing, email marketing

Social Media Management: Strategy, content creation, community management, analytics

Business Automation: Process automation, workflow optimization, integration services

Consulting Services: Technology consulting, digital strategy, business analysis

Maintenance & Support: Ongoing maintenance, updates, technical support, hosting management

Project-Based: Fixed scope, timeline, and budget for specific deliverables

Retainer-Based: Ongoing services with monthly commitments and allocated hours

Time & Materials: Services billed based on actual time spent and resources used

Subscription-Based: Recurring services with monthly or annual subscription fees

We do not provide: illegal or unethical services, adult content development, gambling platforms, cryptocurrency trading systems, pyramid/MLM schemes, or services violating Indian law.

We reserve the right to refuse service to any Client for any legal reason.

We do not guarantee specific business outcomes, rankings, traffic, or revenue results.

Age: You must be at least 18 years of age to enter into a binding contract with us.

Legal Capacity: You represent that you have the legal capacity and authority to enter into contracts.

Corporate Authority: If representing a company, you warrant that you have proper authorization to bind that entity.

Compliance: You agree to comply with all applicable laws, regulations, and these Terms.

Accurate Information: You agree to provide truthful, accurate, and complete information.

Some Services may require account creation with username and password.

You are solely responsible for maintaining the confidentiality of your account credentials.

You are responsible for all activities that occur under your account.

You must immediately notify us of any unauthorized access or security breach.

We are not liable for any loss or damage arising from your failure to protect account credentials.

You shall not: (a) use Services for illegal, fraudulent, or malicious purposes; (b) violate any applicable laws or regulations; (c) infringe intellectual property rights of others; (d) transmit viruses, malware, or harmful code; (e) attempt unauthorized access to our systems; (f) interfere with service integrity or performance; (g) use automated tools (bots, scrapers) without permission; (h) harass, abuse, or harm others; (i) impersonate others or misrepresent affiliation; (j) collect user data without consent.

Violation of prohibited uses may result in immediate termination of Services without refund.

All Projects begin with a detailed consultation to understand your requirements.

We will provide a formal Proposal or Quotation outlining scope, deliverables, timeline, and costs.

Projects commence only upon your written acceptance (email, signed agreement, or electronic acceptance).

A Statement of Work (SOW) will be created for each Project detailing all specifications.

The Project scope defines deliverables, features, functionalities, timelines, and exclusions.

Scope is documented in the SOW and forms an integral part of this Agreement.

Any work outside the defined scope constitutes "Out of Scope" work and will be quoted separately.

We reserve the right to decline Out of Scope work that significantly deviates from the original Project.

Changes to Project scope must be requested in writing and approved by both parties.

Change requests will be evaluated for impact on timeline, cost, and resources.

Approved changes will be documented in a Change Order with updated timeline and costs.

Scope creep (unauthorized scope changes) may result in Project delays and additional charges.

We are not obligated to accept change requests that unreasonably alter the Project.

Project timelines are good-faith estimates based on the agreed scope and your cooperation.

Timelines are calculated in Working Days unless otherwise specified.

Timeline starts from the date of: (a) receipt of advance payment; (b) receipt of all required materials; (c) Project kick-off meeting - whichever is later.

Delays caused by Client (late feedback, approvals, materials, or access) will extend the timeline proportionally.

We will make commercially reasonable efforts to meet deadlines but are not liable for delays beyond our reasonable control.

Timely Provision: Provide all required content, materials, access, credentials, and information within agreed timelines.

Feedback & Approvals: Provide clear, consolidated feedback and approvals at designated milestones within specified timeframes (typically 3-5 Working Days).

Availability: Make key stakeholders available for meetings, reviews, and decision-making.

Content Accuracy: Ensure all content provided is accurate, legal, and does not infringe third-party rights.

Testing: Test deliverables thoroughly during review periods and report issues promptly.

Decision-Making: Make timely decisions on design options, features, and technical approaches.

Failure to fulfill Client responsibilities may result in Project delays, additional costs, or termination.

Each Project includes a specified number of revision rounds as defined in the SOW (typically 2-3 rounds).

Revisions must be requested during the designated review period (typically 5-7 Working Days after delivery).

Revision requests must be clearly documented in writing with specific, actionable feedback.

Minor adjustments: Small tweaks to existing deliverables within scope (included in revision rounds).

Major changes: Significant alterations to approved work are not considered revisions and will be quoted separately.

Additional revisions beyond the agreed number will be charged at our prevailing hourly rate.

Revision rounds do not reset the review period - all cumulative feedback must be provided within the original timeframe.

Projects are divided into milestones with specific deliverables at each stage.

Deliverables are provided for Client review and approval at each milestone.

Approval of a milestone (explicit or deemed after review period) allows progression to the next stage.

Final deliverables are provided upon Project completion and full payment receipt.

All prices are quoted in Indian Rupees (INR) unless otherwise specified.

For international Clients, prices may be quoted in USD or other agreed currency.

Quoted prices are valid for 30 days from quotation date unless otherwise stated.

Prices are subject to change, but we will honor quoted prices for accepted Projects.

All prices are exclusive of applicable taxes unless explicitly stated as "inclusive of all taxes".

Goods and Services Tax (GST): All prices are subject to 18% GST (or applicable GST rate) unless you are exempt.

GST Registration: We are a GST-registered entity (GSTIN: [Your GST Number]).

Input Tax Credit: GST-registered Clients can claim input tax credit on our invoices.

Tax Invoices: We will provide proper tax invoices as per GST regulations.

Tax Compliance: You are responsible for any taxes applicable in your jurisdiction.

TDS: If you are required to deduct Tax Deducted at Source (TDS), please provide TDS certificate within 15 days.

Projects up to ₹50,000: 50% advance payment, 50% upon completion

Projects ₹50,001 to ₹2,00,000: 40% advance, 30% at mid-project milestone, 30% upon completion

Projects above ₹2,00,000: 30% advance, milestone-based payments (30%-40%), 20-30% upon completion

Advance payment must be received before Project commencement.

Milestone payments are due within 7 days of milestone delivery and approval.

Final payment is due before delivery of final files, source code, and assets.

Retainer fees are due monthly in advance on the 1st of each month.

First month payment due before service commencement.

Subscription services are billed monthly or annually as per plan selected.

Annual subscriptions may be eligible for discounts (typically 10-20%).

Auto-renewal: Subscriptions auto-renew unless cancelled 15 days before renewal date.

Bank Transfer/NEFT/RTGS: Preferred method for Indian Clients

UPI: Accepted for payments up to ₹1,00,000

Credit/Debit Card: Via secure payment gateway (processing fees may apply)

Payment Gateway: Razorpay/PayU/Stripe (as applicable)

International Payments: Wire transfer, PayPal, Wise, or Stripe

We do not accept cash payments above ₹2,00,000 as per Income Tax regulations.

Invoices will be sent to the email address provided by you.

Invoices include: Service description, amount, GST breakdown, payment due date, payment instructions.

Payment is due within specified payment terms (typically 7-15 days from invoice date).

Receipt/acknowledgment will be provided upon payment confirmation.

Invoices are due within the payment terms specified (typically 7-15 days).

Late Payment Interest: Overdue amounts accrue interest at 1.5% per month (18% per annum) or the maximum permitted by law, whichever is lower, from the due date.

Late Payment Consequences: (a) work may be suspended until payment is received; (b) access to deliverables may be restricted; (c) future service bookings may be declined.

Reminder notices will be sent at 7 days, 14 days, and 21 days overdue.

Payment default (30+ days overdue) may result in: (a) termination of Services; (b) legal action for recovery; (c) reporting to credit agencies; (d) forfeiture of deliverables.

If you dispute any invoice, you must notify us in writing within 7 days of invoice date.

Disputes must specify the disputed amount and detailed reasons.

Undisputed amounts must be paid by the due date.

We will investigate and respond to disputes within 15 Working Days.

Good faith negotiation will be attempted to resolve payment disputes.

Before Project Commencement: Full refund minus 10% administrative fee if cancelled before work begins.

After Project Commencement: No refund on advance payment. You are liable for payment of work completed to date.

Mid-Project Cancellation: You must pay for: (a) all completed milestones; (b) work-in-progress based on percentage of completion; (c) any third-party costs incurred (licenses, hosting, etc.).

Cancellation must be requested in writing via email to arkservice06@gmail.com.

Upon cancellation, you will receive: (a) all work completed to date; (b) detailed accounting of hours/costs; (c) final invoice for remaining payment.

We may cancel/terminate Services immediately if: (a) you breach these Terms; (b) payment is 30+ days overdue; (c) you engage in illegal or unethical conduct; (d) the Project becomes illegal or unethical; (e) cooperation failure makes Project completion impossible.

Upon our termination: (a) you must pay for all work completed; (b) we may provide work completed to date at our discretion; (c) no refunds for completed work.

If termination is due to our breach or inability to perform, you will receive: (a) refund of unused advance payments; (b) all work completed to date; (c) compensation for direct damages (limited to fees paid).

Refund requests must be submitted in writing with detailed justification.

We will review and respond to refund requests within 15 Working Days.

Approved refunds will be processed within 30 days via the original payment method.

Refunds will be net of: (a) payment gateway charges (2-3%); (b) administrative fees if applicable; (c) any third-party costs incurred.

No refunds for Services already rendered, even if unsatisfactory (but see Dispute Resolution for remedies).

If you are a Consumer under the Consumer Protection Act, 2019, you have additional rights:

Cooling-Off Period: 7-day cooling-off period for online service bookings (before work commencement).

Full refund if service not commenced within cooling-off period cancellation.

Right to quality services and fair treatment.

Right to seek redressal through Consumer Forums for deficiency in service.

These consumer rights do not apply to Business Clients.

Custom Work: All custom work created specifically for your Project ("Custom Work") is considered "work made for hire" to the extent permitted by law.

Ownership Upon Payment: Upon receipt of full payment, all rights, title, and interest in Custom Work transfer to you.

What Transfers: Source code, custom designs, documentation, databases, and content created specifically for your Project.

Pre-Payment: We retain all rights to deliverables until full payment is received.

Ownership transfer does not include: (a) pre-existing IP; (b) third-party components; (c) our tools and frameworks; (d) general knowledge and skills.

Pre-Existing IP: We retain all rights to pre-existing intellectual property, including tools, frameworks, libraries, code snippets, methodologies, and processes developed before or independent of your Project.

Reusable Components: We retain rights to reusable components, templates, plugins, and utilities that have general application.

Know-How: We retain all general knowledge, skills, experience, ideas, concepts, and techniques gained from your Project.

Right to Reuse: We may reuse general solutions, approaches, and non-confidential code patterns in future projects.

Third-Party Software: Your deliverables may include third-party libraries, frameworks, CMS, plugins, APIs, or services.

Third-Party Licenses: You receive a license to use third-party components as per their respective licenses (MIT, GPL, Apache, commercial, etc.).

License Compliance: You are responsible for complying with all third-party license terms.

Commercial Licenses: If third-party components require commercial licenses, you are responsible for purchasing them.

We will inform you of all third-party components used and their license terms.

License to Us: You grant us a non-exclusive, worldwide license to use your content, logos, trademarks, and materials solely for the purpose of performing Services.

Your Ownership: You retain all ownership rights to content and materials you provide.

Your Warranty: You represent that you own or have rights to all content provided and that it does not infringe third-party rights.

Your Indemnity: You agree to indemnify us against claims arising from content you provide.

Portfolio Use: We reserve the right to showcase completed Projects in our portfolio, case studies, and marketing materials unless you request confidentiality.

What We May Display: Screenshots, project descriptions, technologies used, problems solved, results achieved (with your approval for specific metrics).

Confidential Projects: If your Project is confidential, inform us in writing and we will not include it in our portfolio.

Client Logo: We may display your company logo on our website as a client reference unless you object.

Testimonials: We may request testimonials and reviews, which you may provide voluntarily.

Anonymization: We can create anonymized case studies removing identifying information if confidentiality is required.

No Infringement Warranty: We warrant that Custom Work created by us does not knowingly infringe third-party intellectual property rights.

Client-Provided Materials: We are not responsible for infringement arising from content, materials, or specifications you provide.

Notification: If you become aware of any infringement claims, notify us immediately.

Defense: We will defend against claims that our Custom Work infringes third-party rights (subject to limitations).

Remedies: If infringement is found, we may: (a) obtain rights for your continued use; (b) modify work to be non-infringing; (c) replace with non-infringing alternative; (d) refund fees paid (subject to liability limits).

Source Code: Upon full payment, you receive the source code for Custom Work.

Documentation: We provide reasonable documentation for source code and systems.

Assets: All design assets (PSDs, Figma files, images, fonts with proper licenses) are delivered upon full payment.

Access: We will provide necessary credentials, API keys, and access details upon Project completion.

Professional Standards: We warrant that Services will be performed in a professional and workmanlike manner consistent with industry standards.

Skill & Care: We will exercise reasonable skill and care in performing Services.

Conformance: Deliverables will substantially conform to specifications in the approved SOW.

Authority: We have the authority to enter into this Agreement and grant rights herein.

No Malicious Code: We will not knowingly introduce viruses, malware, or malicious code into deliverables.

Warranty Period: 30 days from final delivery date for bug fixes and corrections.

What's Covered: Defects, bugs, or errors in Custom Work that prevent deliverables from meeting agreed specifications.

What to Do: Report issues in writing with detailed description and steps to reproduce.

Our Response: We will use commercially reasonable efforts to correct reported issues within 10 Working Days.

Exclusions: Warranty does not cover: (a) issues caused by modifications you or third parties made; (b) incompatibility with third-party software; (c) misuse or improper implementation; (d) hosting/infrastructure issues; (e) scope changes or new feature requests; (f) issues caused by outdated dependencies or platforms.

After warranty period, support and bug fixes are billable at our standard rates.

Post-warranty support is available through: (a) paid support plans; (b) retainer agreements; (c) time & materials basis.

Support includes: Bug fixes, security updates, compatibility updates, minor enhancements, technical assistance.

Response Times: Based on support plan (Business: 24-48 hours; Critical: 4-8 hours).

We are not obligated to provide free support beyond the warranty period.

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY LAW.

We do not warrant that: (a) Services will be uninterrupted or error-free; (b) all errors will be corrected; (c) Services will meet your specific requirements beyond the SOW; (d) deliverables will be compatible with all systems and configurations.

We do not guarantee specific business results, traffic, rankings, conversions, revenue, or ROI.

For Consumers: Statutory warranties under Consumer Protection Act cannot be disclaimed and remain fully enforceable.

Our Services may integrate with or depend on third-party platforms, services, APIs, and tools.

We are not responsible for: (a) third-party service availability, functionality, or changes; (b) third-party service terms, pricing, or policies; (c) data loss or issues caused by third-party services.

You are responsible for: (a) maintaining accounts with third-party services; (b) paying third-party service fees; (c) complying with third-party terms of service.

Examples: Web hosting, domain registrars, payment gateways, Google/Facebook/AWS services, CMS platforms, analytics tools.

Aggregate Liability: Our total aggregate liability for all claims arising from or related to any Project shall not exceed the total fees paid by you for that specific Project.

Per-Incident Cap: For any single incident or claim, liability is capped at the amount paid in the 12 months preceding the claim.

This cap applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

Loss of profits, revenue, business, or anticipated savings

Loss of data, goodwill, or reputation

Cost of procurement of substitute services

Business interruption or downtime

Loss of use or corruption of data

This exclusion applies even if we have been advised of the possibility of such damages.

If you are a Consumer (under Consumer Protection Act, 2019), the above liability limitations may not apply to the extent prohibited by law.

Consumers retain all statutory rights and remedies under Consumer Protection Act, 2019.

Consumers may seek redressal through Consumer Forums for deficiency in service.

These Terms do not limit our liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded by law.

Liability limitations do not apply to:

(a) Our intentional misconduct or gross negligence

(b) Breach of intellectual property indemnification

(c) Your breach of payment obligations

(d) Your breach of confidentiality or IP rights

(e) Death or personal injury caused by our negligence

(f) Fraud or fraudulent misrepresentation

(g) Liabilities that cannot be excluded under Indian law

Neither party is liable for delays or failures in performance due to causes beyond reasonable control ("Force Majeure Events").

Force Majeure Events include: natural disasters (earthquakes, floods, pandemics), wars, terrorism, civil unrest, government actions, strikes, riots, power outages, internet outages, cyberattacks, failure of third-party services.

Upon Force Majeure: (a) affected party must notify the other within 5 days; (b) performance is suspended for the duration; (c) affected party must use reasonable efforts to mitigate impact.

If Force Majeure continues beyond 30 days, either party may terminate without liability.

You agree to indemnify, defend, and hold harmless Ark Services, its directors, officers, employees, contractors, and agents from any claims, demands, losses, damages, costs, and expenses (including reasonable legal fees) arising from or related to:

(a) Your breach of these Terms

(b) Your use or misuse of Services or deliverables

(c) Content, materials, or specifications you provide that infringe third-party rights

(d) Your violation of any applicable laws or regulations

(e) Your negligence, willful misconduct, or fraudulent acts

(f) Any claims by third parties related to your use of Services

We will notify you of any indemnifiable claim and cooperate in defense (at your expense).

We maintain professional indemnity insurance appropriate to our business (details available upon request).

For high-value Projects (above ₹10,00,000), we recommend you maintain your own insurance coverage.

Confidential Information includes: business plans, strategies, financial information, customer data, technical data, trade secrets, proprietary processes, know-how, source code, designs, and any information marked "Confidential".

Information is Confidential if: (a) marked as such; (b) reasonable person would consider confidential; (c) disclosed under circumstances implying confidentiality.

Non-Disclosure: Each party agrees not to disclose the other's Confidential Information to third parties without prior written consent.

Limited Use: Confidential Information may only be used for the purpose of performing or receiving Services.

Protection: Each party must protect Confidential Information using at least the same degree of care as it uses for its own confidential information.

Restricted Access: Limit access to Confidential Information to employees, contractors, and advisors who need to know and are bound by confidentiality.

Confidentiality obligations do not apply to information that:

(a) Is or becomes publicly available through no breach of this Agreement

(b) Was rightfully in receiving party's possession before disclosure

(c) Is independently developed without using Confidential Information

(d) Is rightfully received from a third party without confidentiality restrictions

(e) Must be disclosed by law, court order, or government authority (with prior notice if possible)

We process personal data in accordance with our Privacy Policy and applicable laws including Digital Personal Data Protection Act, 2023.

We implement appropriate technical and organizational security measures to protect data.

You consent to our processing of personal data necessary for providing Services.

For detailed data protection information, see our Privacy Policy at [link].

We are compliant with DPDPA 2023 and implement data localization as required.

Confidentiality obligations begin upon disclosure and continue for 3 years after termination of services.

For trade secrets, confidentiality continues for as long as the information remains a trade secret.

Return/Destruction: Upon termination or request, each party must return or destroy Confidential Information.

Either party may terminate a Project at any time by providing 15 days' written notice.

Upon termination: (a) you must pay for all work completed to termination date; (b) we will deliver work completed to date upon payment; (c) you forfeit any advance payments for work not completed.

Early termination fee may apply (typically 20-30% of remaining Project value) to cover committed resources.

For retainer/subscription services, either party may terminate with 30 days' written notice.

Termination effective at end of current billing cycle.

No refunds for the current billing period.

Any unused hours or services in retainer plans do not roll over or get refunded.

Either party may terminate immediately for cause if the other party:

(a) Materially breaches these Terms and fails to cure within 15 days of written notice

(b) Becomes insolvent, bankrupt, or enters liquidation

(c) Ceases business operations

(d) Commits fraud, illegal acts, or serious misconduct

We may terminate immediately if: (a) payment is 30+ days overdue; (b) you violate prohibited uses; (c) you breach confidentiality or IP rights.

We may suspend Services immediately without notice if:

(a) Payment is overdue

(b) You breach security, usage, or prohibited use terms

(c) Your use threatens our systems, network, or other clients

(d) We are legally required to suspend

(e) We suspect fraudulent or illegal activity

Suspension does not relieve payment obligations.

We will attempt to notify you of suspension and reinstatement conditions.

Payment: All outstanding amounts become immediately due.

License: All licenses granted to you terminate (except for paid deliverables where ownership transferred).

Access: We may immediately revoke your access to accounts, systems, and work-in-progress.

Data: We will provide reasonable opportunity (30 days) to retrieve your data before deletion.

Deliverables: You receive deliverables only for fully paid work.

Return Materials: Each party must return or destroy the other's Confidential Information.

The following provisions survive termination: Payment obligations, Intellectual Property rights, Confidentiality, Limitation of Liability, Indemnification, Dispute Resolution, General Provisions.

These Terms are governed by and construed in accordance with the laws of India.

Applicable laws include: Indian Contract Act, 1872; Information Technology Act, 2000; Consumer Protection Act, 2019; Arbitration and Conciliation Act, 1996; and other applicable Indian laws.

Any legal action must be brought in India under Indian law.

Subject to arbitration provisions below, the courts of Lucknow, Uttar Pradesh, India shall have exclusive jurisdiction over any disputes.

Both parties irrevocably submit to the jurisdiction of Lucknow courts.

For Consumers: Consumer Forums (District, State, or National) have concurrent jurisdiction for consumer disputes.

Before initiating any formal dispute resolution, both parties agree to attempt good-faith negotiation.

Dispute Notice: Party raising dispute must send written notice describing the dispute and proposed resolution.

Meeting: Parties must meet (in person or video call) within 15 days to negotiate.

Duration: Good-faith negotiation must continue for at least 30 days.

If negotiation fails, parties may proceed to arbitration or litigation.

Applicability: Disputes between us and Business Clients (not Consumers) must be resolved through binding arbitration.

Arbitration Rules: Arbitration conducted under the Arbitration and Conciliation Act, 1996.

Seat of Arbitration: Lucknow, Uttar Pradesh, India.

Language: English.

Number of Arbitrators: Single arbitrator mutually agreed upon; if no agreement within 15 days, appointed by Lucknow District Court.

Costs: Each party bears its own costs; arbitrator fees split equally unless arbitrator decides otherwise.

Award: Arbitration award is final and binding; may be enforced in any court of competent jurisdiction.

Confidentiality: Arbitration proceedings are confidential.

If you are a Consumer under Consumer Protection Act, 2019:

You have the right to file complaints before Consumer Forums (District, State, or National) for deficiency in service.

Arbitration clause does not apply to Consumers - you retain all statutory rights to approach Consumer Forums.

Consumer Forum has jurisdiction based on claim value: District (up to ₹1 crore), State (₹1-10 crores), National (above ₹10 crores).

You may also approach civil courts if you choose not to use Consumer Forums.

Notwithstanding arbitration provisions, either party may seek injunctive or equitable relief in court for:

(a) Intellectual property infringement

(b) Confidentiality breaches

(c) Urgent matters requiring immediate relief

This does not waive the right to arbitrate the underlying dispute.

Business Clients agree to resolve disputes on an individual basis only.

You waive any right to bring or participate in class actions, class arbitrations, or representative actions.

This waiver does not apply to Consumers, who retain all collective action rights.

Any claim must be brought within 2 years from the date the cause of action arose.

Claims not brought within this period are permanently barred.

For Consumer claims: 2 years from date of deficiency in service or defect in goods.

These Terms, together with any SOW, project agreements, and our Privacy Policy, constitute the entire agreement between the parties.

These Terms supersede all prior agreements, proposals, communications, and understandings, whether written or oral.

In case of conflict: SOW/Project Agreement > these Terms > other communications.

We may update these Terms from time to time by posting updated Terms on our website.

Material Changes: We will notify you of material changes via email or prominent website notice.

Effective Date: Changes effective 30 days after notification unless stated otherwise.

Continued Use: Your continued use of Services after changes constitutes acceptance.

Project-Specific: Changes do not apply retroactively to ongoing Projects under existing SOWs.

Rejection: If you do not agree to changes, you must stop using Services and terminate within notice period.

If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions remain in full force.

Invalid provisions will be modified to the minimum extent necessary to make them valid and enforceable while preserving intent.

If modification is not possible, the invalid provision is severed without affecting other provisions.

Failure or delay in exercising any right does not constitute a waiver of that right.

Waiver of any breach does not waive subsequent breaches.

Waivers must be in writing and signed by the party giving the waiver to be effective.

No single or partial exercise of any right precludes other or further exercise.

You may not assign, transfer, or delegate these Terms or any rights/obligations without our prior written consent.

We may assign these Terms: (a) to an affiliate; (b) in connection with merger, acquisition, or sale of business; (c) to a successor entity.

Assignment in violation is void and constitutes a material breach.

These Terms are binding upon and inure to the benefit of permitted successors and assigns.

Our relationship is that of independent contractors.

Nothing creates a partnership, joint venture, employment, or agency relationship.

Neither party has authority to bind the other or make commitments on the other's behalf.

These Terms are for the benefit of the parties only.

No third party has any right to enforce any provision of these Terms.

Subcontractors and service providers are not third-party beneficiaries.

All notices must be in writing and sent to the contact information provided.

Notice Methods: (a) Email to registered email address; (b) Registered post to registered address; (c) In-person delivery.

To Us: arkservice06@gmail.com or registered office address.

To You: Email address or address you provided during service engagement.

Notices are deemed delivered: (a) Email - when sent to correct address; (b) Post - 7 days after mailing; (c) In-person - upon receipt.

You must notify us immediately of any change in contact information.

These Terms are written in English.

Any translation is for convenience only; English version prevails in case of conflict.

Section headings are for convenience only and do not affect interpretation.

These Terms may be executed in counterparts, each of which is an original.

Electronic signatures have the same legal effect as handwritten signatures.

Facsimile, PDF, or electronic copies are valid and enforceable.

Legal Entity: Ark Services

Registered Office: Thakur market Anora Kalan, Lucknow, Uttar Pradesh - 226028, India

Email: arkservice06@gmail.com

Phone: +91 9219802377

Website: www.arkservices.in

GST Number: [Your GST Number]

Business Hours: Monday to Friday, 10:00 AM to 6:00 PM IST

General Questions: arkservice06@gmail.com

Project Inquiries: arkservice06@gmail.com

Billing & Payments: arkservice06@gmail.com

Legal & Compliance: arkservice06@gmail.com

Data Protection: arkservice06@gmail.com (as per Privacy Policy)

Grievances: arkservice06@gmail.com (as per Privacy Policy)

We aim to respond to all inquiries within 2-3 Working Days.

Urgent matters will be prioritized and responded to within 24 hours.

For billing disputes, we will respond within 7 Working Days as per payment terms.