Terms and Conditions
RipeConcepts LLC provides the services and deliverables (“Services”) listed on our website www.ripeconcepts.com
(“Site”) according to the following Terms and Conditions. Please read these Terms and Conditions carefully before ordering any Services from the Site.
These Terms and Conditions do not affect any of your statutory rights. However, it is important to understand that by ordering any of RipeConcepts’ Services from the Site you agree to be bound by these Terms and Conditions. We recommend that you print a copy of these Terms and Conditions for future reference and check back periodically for any updates.
1. INFORMATION ABOUT US
The website www.ripeconcepts.com
is owned by Ace Outsource LLC, DBA RipeConcepts LLC., headquartered at 2500 North University Avenue, Suite 155, Provo, UT 84604.
2. ACCESS TO THE SITE
To do business with RipeConcepts and access some areas of this Site, you may be asked to provide registration details and/or other information. It is a condition of your use of this Site that all the information you provide on this Site will be correct, current, and complete. If RipeConcepts believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this Site and any of its resources, and to terminate or suspend your access at any time, without notice
3. YOUR STATUS
By placing an order through this Site you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b )you are at least 18 years old.
4. HOW THE CONTRACT IS FORMED BETWEEN US
A legally binding contract will be formed between us when you have confirmed to us that you wish to proceed with the purchase of one or more Services, we have confirmed to you that we will sell the Service(s) to you and we have received payment as agreed.
When your order has been accepted, you will receive confirmation of the Service(s) ordered, the price agreed upon along with the payment schedule and the estimated delivery date.
If you wish to amend any part of your order once it has been accepted and payment has been made, you will need to contact us by one of the following methods:
Email: [email protected]
Note that because we do custom design, web development and animation, we will have to charge you for any work done to date.
RipeConcepts may decline to sell any Service to you for any reason. We are not obliged to tell you the reason for our decision.
5. PRICING AND AVAILABILITY
RipeConcepts will list general information on the Site and Service information pages about the types of Services we sell on the Site. Except for the information we provide on the Order Form page or elsewhere on the Site, we cannot be more specific about Service availability since most of the work we do is custom.
We will let you know if the Service you wish to order is no longer available.
The Site contains a large number of Services and it is always possible that, despite our best efforts, some of the Services listed on the Site may be incorrectly priced. We will normally verify prices as part of our order processing procedures so that when a Service’s correct price is less than our stated price, we will charge you the lower amount and send you the Service. However, we are under no obligation to sell the Service to you at an incorrect lower price if the pricing error is obvious and unmistakeable and could have reasonably been recognized by you as being incorrect. If the correct price of the Service is higher than the price stated on the Site we will normally, at our discretion, either contact you for instructions before delivering the Service or reject your order and notify you of such rejection.
Prices are subject to change at any time. Price changes will not affect orders that have already been confirmed in writing.
We will not ask you for any payment until we have made sure that the order for the Service(s) you wish to purchase can be processed.
RipeConcepts uses Authorize.net to provide the highest level of security for payments processed through its online store. Global Collect ensures your security by encrypting the connection when transmitting banking information on the network and by safeguarding your financial data throughout the ordering and payment process.
Please note that if the security department suspects fraud, we have the right to cancel the transaction for security reasons. In most cases, you will be notified of authorization or fraud issues, if they occur, before you complete the checkout process.
Orders from the RipeConcepts online store may be paid using credit card, debit card or PayPal.
If you have any questions or concerns about this method of payment, please contact us as detailed in Paragraph 4 above.
Payment and Order Security
Your order details are normally sent to us across a secure connection that uses a 128 bit certificate. This means that the information is encrypted and cannot be read by anyone other than ourselves. You can confirm that the pages are secure because the address in the address bar changes from being http:// to https://. You will also see a padlock symbol or key in the bottom bar of your browser.
We will advise a delivery date for the Service(s) when we confirm your order.
8. CANCELLATION AND REFUND
You can cancel your order at any time before we have delivered the Services ordered.
If you wish to cancel your order you must give us clear written instructions that you wish to cancel your order by email to the address stated in Paragraph 4 above and including ORDER CANCELLATION in the Subject line.
If you cancel your order before the Service(s) have been delivered to you, we will charge you only for the work done to date. If applicable, we will refund to the card with which you made payment any overpayment you may have already made.
Because the work we do is custom to your specifications, refunds are only given under rare circumstances with the written approval of Executive Management.
We cannot cancel your order if you are unable to provide us with proof of purchase or if we believe that that you have made use of the Service(s).
9. ELECTRONIC COMMUNICATION
Applicable laws require that some of the information or communications we send to you should be in writing. When you visit this Site or send emails to us, you are communicating with us electronically. We may communicate with you by email or by posting notices on the website. For contractual purposes, you agree to this means of electronic communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
10. OUR LIABILITY
We warrant to you that any Service(s) purchased from us through the Site meets or exceeds industry standards for similar services. Our liability in connection with any Service(s) purchased through our Site is strictly limited to the purchase price of the Service(s). This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2 (3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence) breach of contract or otherwise, even if foreseeable.
All notices given by you to us must be given to us in writing by email or at the address detailed in Paragraph 4 above. We may give notice to you at either the e-mail or mailing address you provide to us when placing an order, or in any of the ways specified in Paragraph 4. Notice will be deemed received and properly served 24 hours when posted on the Site or after an e-mail is sent, or three days after the postmark of any letter. In proving the service of any notice, it will be sufficient to prove in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
13. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b )Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, floor, earthquake, subsidence, epidemic or other natural disaster
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Paragraph 11 above.
If any of these Terms and Conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time.
You will be subject to the policies and terms and conditions in force at the time that you order Service(s) from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Service(s)).
18. LAW AND JURISDICTION
Contracts for the purchase of Service(s) through the Site will be governed by law. Any dispute arising from, or related to, such contracts shall be subject to the non-exclusive jurisdiction of the courts of Utah.