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Terms of Service

Please read these terms carefully before using our services

Last updated: December 2024

1. Acceptance of Terms

By accessing and using ARTKAR's services, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Description of Service

ARTKAR provides digital marketing services including but not limited to:

  • Marketing strategy development and consultation
  • Advertisement management and optimization
  • Creative banner design and graphic services
  • Marketplace advertising on Amazon, eBay, and Shopify
  • Performance tracking and reporting

3. Service Agreement

3.1 Service Delivery

We will provide the agreed-upon services according to the specifications outlined in your service agreement. All services will be performed with professional care and in accordance with industry standards.

3.2 Client Responsibilities

As our client, you agree to:

  • Provide accurate and complete information necessary for service delivery
  • Respond to requests for information, feedback, or approvals in a timely manner
  • Provide access to necessary accounts, platforms, and materials
  • Comply with all applicable laws and regulations

4. Payment Terms

4.1 Fees and Billing

Service fees are as outlined in your service agreement. Payment is due according to the agreed schedule, typically monthly in advance for ongoing services.

4.2 Late Payments

Late payments may result in service suspension. A late fee of 1.5% per month may be applied to overdue accounts.

4.3 Refunds

Refunds are considered on a case-by-case basis. No refunds will be provided for services already delivered or for work completed.

5. Intellectual Property

5.1 Client Materials

You retain ownership of all materials, content, and intellectual property you provide to us. You grant us a license to use these materials solely for the purpose of providing our services.

5.2 Our Work Product

Upon full payment, you will own the final deliverables created specifically for your project. We retain the right to use general methodologies, techniques, and knowledge gained during the project.

6. Confidentiality

We will maintain the confidentiality of all client information and will not disclose it to third parties without your consent, except as required by law or as necessary to provide our services.

7. Performance and Results

7.1 No Guarantees

While we strive to deliver excellent results, we cannot guarantee specific outcomes, rankings, or performance metrics. Marketing results depend on various factors beyond our control.

7.2 Best Efforts

We will use our best efforts and professional expertise to achieve the agreed-upon objectives within the scope of our services.

8. Limitation of Liability

To the maximum extent permitted by law, ARTKAR's liability for any claims arising from our services shall not exceed the total amount paid by you for the services in the 12 months preceding the claim.

We are not liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data, or business opportunities.

9. Termination

9.1 Termination by Client

You may terminate services with 30 days written notice. Payment for services already provided is due upon termination.

9.2 Termination by ARTKAR

We may terminate services immediately if you breach these terms, fail to pay fees, or engage in activities that harm our reputation or business.

10. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, or government actions.

11. Compliance with Laws

Both parties agree to comply with all applicable federal, state, and local laws and regulations, including but not limited to advertising standards, data protection laws, and consumer protection regulations.

12. Dispute Resolution

12.1 Good Faith Negotiation

Any disputes will first be addressed through good faith negotiation between the parties.

12.2 Arbitration

If negotiation fails, disputes will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

13. Modifications to Terms

We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting on our website. Continued use of our services constitutes acceptance of the modified terms.

14. Severability

If any provision of these terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

15. Entire Agreement

These terms, together with your service agreement, constitute the entire agreement between you and ARTKAR regarding the use of our services.

16. Contact Information

Questions About These Terms?

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

Contact Person: Artem Karakulin

Email: karakulin2@gmail.com

Phone: +380504843435

Address: Iordanskaya str 1/15, Kyiv 04201, Ukraine

These Terms of Service are effective as of December 2024 and will remain in effect until modified or terminated in accordance with these terms.