ArcelleTech

TERMS OF SERVICE

Last Updated: February 2025

INTRODUCTION

These Terms of Service ("Terms") govern your use of the Arcelle website [arcelletech.com] (the "Site") and the services provided by Arcelle ("we," "us," or "our").

By accessing or using our Site or services, you agree to be bound by these Terms. If you do not agree, do not use our Site or services.

1. Definitions

"Client" - Any individual or business entity that engages Arcelle for services

"Services" - Funnel design, automation setup, CRM configuration, and related services provided by Arcelle

"Deliverables" - The final work product provided to Client upon completion of Services

"Project" - A specific engagement for Services as outlined in a proposal or agreement

"Site" - The Arcelle website at [arcelletech.com]

2. Services Overview

A. Scope of Services

Arcelle provides:

• GoHighLevel funnel design and development

• Lead qualification system setup

• Email and SMS automation sequences

• CRM pipeline configuration

• Workflow automation

• Platform migrations (to GoHighLevel)

• Technical support and training

B. Service Packages

Standard Build - $1,497

• 3-5 landing pages

• Lead qualification forms and scoring

• Email follow-up sequences (5-7 emails)

• CRM pipeline setup

• Calendar integration

• Workflow automation

• 30 days of support

• Delivery: 7 business days

Custom Build - Starting at $4,500

• All Standard Build features

• Custom API integrations

• Advanced workflow automation

• Platform migrations

• Multiple funnel systems

• Voice AI integration (optional)

• 60 days of support

• Delivery: 10-14 business days (depending on scope)

C. What's NOT Included

Unless specifically agreed upon:

❌ Copywriting services (we refine provided copy only)

❌ Graphic design or branding

❌ Content creation

❌ Paid advertising setup or management

❌ Ongoing monthly retainer (available separately)

❌ GoHighLevel subscription costs ($97-297/month - Client's responsibility)

❌ Third-party platform fees (Zapier, Make, APIs, etc.)

3. Client Responsibilities

To ensure successful project completion, Client must:

A. Requirements

✅ Provide active GoHighLevel account before project start
✅ Provide brand assets (logo, colors, fonts)
✅ Provide offer details and target audience information
✅ Provide sample copy or key messaging
✅ Grant necessary access to GoHighLevel account
✅ Respond to questions within 24-48 hours
✅ Review and approve deliverables within agreed timeframes

B. Delays

If Client fails to provide required materials or timely feedback, project timelines may be extended accordingly. Arcelle is not responsible for delays caused by Client's unresponsiveness.

C. Third-Party Accounts

Client is responsible for:

• Maintaining active accounts with required platforms (GoHighLevel, Zapier, etc.)

• Payment of all third-party subscription fees

• Compliance with third-party terms of service

Managing login credentials securely

4. Engagement Process

A. Discovery Call

• Free 30-minute consultation

• Discuss project scope and requirements

• Determine fit and feasibility

• No obligation to proceed

B. Proposal & Agreement

Upon mutual agreement:

• Arcelle sends detailed proposal outlining scope, timeline, and pricing

• Client reviews and approves proposal

• Agreement is signed (via email confirmation or e-signature)

• Payment terms are confirmed

C. Project Kickoff

After agreement and deposit payment:

• Client provides required materials and access

• Arcelle begins work

• Regular check-ins as needed

• Client reviews progress at designated milestones

D. Delivery & Support

• Arcelle delivers completed project

• Client reviews and provides feedback

• Arcelle makes included revisions

• Final payment due upon approval

• Support period begins (30 or 60 days)

5. Payment Terms

A. Standard Build ($2,800)

Payment Structure:

• 50% deposit ($1,400) - Due upon signing agreement

• 50% final payment ($1,400) - Due upon delivery and approval

B. Custom Build ($4,500+)

Payment Structure:

• 33% deposit - Due upon signing agreement

• 33% midpoint - Due at 50% project completion

• 34% final - Due upon delivery and approval

C. Payment Methods

Accepted payment methods:

• Wise (Preferred)

• PayPal

D. Late Payment

• Payments are due within 7 days of invoice date

• Late payments may incur a 5% late fee per week

• Work may be paused for payments overdue by 14+ days

• Access to deliverables may be withheld until payment is received

E. Refund Policy

Before Work Begins:

• Full refund available if project is cancelled before work starts

After Work Begins:

• Refunds are prorated based on work completed

• Minimum 25% charge for work started

• No refunds after 50% project completion

• No refunds after final delivery and approval

Support Period:

No refunds once support period has begun

6. Revisions & Changes

A. Included Revisions

Standard and Custom Builds include reasonable revisions to align deliverables with agreed-upon scope.

Included revisions cover:

• Fixing bugs or errors

• Adjusting existing elements to meet specifications

• Fine-tuning workflows or automations

B. Out-of-Scope Changes

Changes beyond original scope are not included and require additional payment:

• Adding new pages or features

• Redesigning approved elements

• Implementing new integrations

• Extending support beyond included period

Additional work is billed at:

• Standard rate: $10/hour

• Or fixed price quote for larger changes

C. Revision Process

1. Client provides specific, written feedback

2. Arcelle implements included revisions within 3-5 business days

3. Client approves or requests further changes

4. Process repeats until approval (within reasonable scope)

7. Support Period

A. Support Scope

During the support period (30 or 60 days after delivery):

Included:

✅ Bug fixes and error resolution
✅ Minor adjustments to existing features
✅ Technical troubleshooting
✅ Email support (response within 24-48 hours)
✅ Training on how to use delivered system

NOT Included:

❌ New feature development
❌ Ongoing monthly maintenance
❌ Content creation or updates
❌ Third-party platform issues (GoHighLevel, Zapier, etc.)
❌ Issues caused by Client modifications

B. After Support Period

Ongoing support available via:

• Monthly retainer (pricing varies)

• Hourly billing at $10/hour

• Fixed-price projects

8. Intellectual Property

A. Client-Provided Materials

Client retains all rights to materials provided to Arcelle (brand assets, copy, content).

By providing materials, Client grants Arcelle a license to use them solely for the purpose of delivering Services.

B. Deliverables

Upon full payment, Client owns the delivered funnel, automations, and configurations.

Client receives full access and control over all deliverables in their GoHighLevel account.

C. Arcelle Tools & Templates

Arcelle retains rights to:

• Proprietary tools, templates, and methodologies

• Code snippets or frameworks developed prior to engagement

• General knowledge and techniques

D. Portfolio Use

Unless otherwise agreed in writing, Arcelle reserves the right to:

• Display project in poartfolio (with or without Client name)

• Use anonymized project details in case studies

• Reference Client as a client (with permission)

Client may request to be excluded from portfolio use.

9. Confidentiality

A. Confidential Information

Both parties agree to keep confidential:

• Business strategies and plans

• Financial information

• Proprietary processes

• Customer data

• Login credentials

B. Exceptions

Confidential information does not include:

• Publicly available information

• Information independently developed

• Information received from third parties without confidentiality obligation

C. Duration

Confidentiality obligations survive termination of Services and remain in effect for 2 years.

10. Warranties & Disclaimers

A. Arcelle Warranties

Arcelle warrants that:

• Services will be performed in a professional manner

• Deliverables will function as specified

• Work will be free of material defects for 30 days after delivery

B. Client Warranties

Client warrants that:

• They have authority to enter into this agreement

• Materials provided do not violate third-party rights

• Use of Services is in compliance with applicable laws

C. Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

Arcelle does NOT warrant:

• Uninterrupted or error-free operation

• Specific results or outcomes (conversions, sales, leads)

• Compatibility with all third-party platforms

• Future platform updates won't affect functionality

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

A. No Consequential Damages

Arcelle shall NOT be liable for:

• Lost profits or revenue

• Lost business opportunities

• Lost data

• Indirect, incidental, or consequential damages

B. Liability Cap

Arcelle's total liability for any claim shall not exceed the total amount paid by Client for the specific project giving rise to the claim.

C. Exceptions

This limitation does not apply to:

• Gross negligence or willful misconduct

• Fraud or fraudulent misrepresentation

• Violations of law that cannot be limited by contract

12. Indemnification

A. By Client

Client agrees to indemnify and hold harmless Arcelle from claims arising from:

• Client's use of deliverables

• Client's violation of these Terms

• Infringement of third-party rights by Client-provided materials

• Client's violation of applicable laws

B. By Arcelle

Arcelle agrees to indemnify Client from claims that deliverables (excluding Client-provided materials) infringe third-party intellectual property rights.

13. Termination

A. By Client

Client may terminate Services at any time with written notice.

Upon termination:

• Client pays for work completed to date (prorated)

• Arcelle provides work-in-progress (if applicable)

• No refund of deposit

• Deliverables may be incomplete

B. By Arcelle

Arcelle may terminate Services if:

• Client fails to pay within 30 days of invoice

• Client breaches these Terms

• Client provides false or misleading information

• Continued relationship is not feasible

Upon termination by Arcelle:

• Client receives work completed to date

• Refund of unused deposit (minus work completed)

C. Effect of Termination

Upon termination:

• All outstanding payments become due immediately

• Confidentiality obligations survive

• Client may retain delivered work upon full payment

• Support period ends (if applicable)

14. Force Majeure

Arcelle is not liable for delays or failures due to events beyond reasonable control, including:

• Natural disasters

• Acts of war or terrorism

• Government actions or regulations

• Internet or telecommunications failures

• Third-party platform outages (GoHighLevel, etc.)

• Pandemics or public health emergencies

Timeline extensions will be granted for the duration of the force majeure event.

15. Governing Law & Disputes

A. Governing Law

These Terms are governed by the laws of the Philippines, without regard to conflict of law provisions.

B. Dispute Resolution

In the event of a dispute:

Step 1: Good Faith Negotiation

• Parties attempt to resolve through direct communication

Step 2: Mediation

• If unresolved within 30 days, parties agree to mediation

Step 3: Arbitration/Litigation

• If mediation fails, disputes are resolved through:

• Binding arbitration (if agreed), OR

• Courts of Metro Manila, Philippines

C. Legal Fees

Prevailing party in any dispute may be entitled to recover reasonable attorney's fees and costs.

16. General Provisions

A. Entire Agreement

These Terms, together with any signed proposal or agreement, constitute the entire agreement between parties and supersede all prior agreements.

B. Amendments

Arcelle may update these Terms at any time. Changes take effect upon posting to the Site.

For active projects, Terms in effect at the time of agreement signing apply.

C. Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in full effect.

D. Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

E. Assignment

Client may not assign this agreement without Arcelle's written consent.

Arcelle may assign to affiliates or in connection with a business transfer.

F. Notices

All notices must be in writing and sent to:

• Client: Email address provided at registration

• Arcelle: [email protected]

Notices are deemed received 24 hours after email is sent.

17. Acceptance

By using our Site or engaging our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

If you do not agree, do not use our Site or Services.

18. Contact Information

Questions about these Terms? Contact us:

Arcelle
Email: [email protected]
Location: Metro Manila, Philippines
Response Time: Within 48 hours