ARCOS MULTIMEDIA GROUP TERMS AND CONDITIONS FOR SERVICES
BY EXECUTING THE SERVICE AGREEMENT AS PART OF THE ORDERING PROCESS, ARCOS MULTIMEDIA GROUP(“ARCOS MULTIMEDIA GROUP”) AND CUSTOMER AGREES TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY TO THE TERMS GOVERNING THE USE OF ARCOS MULTIMEDIA GROUP’S ON-LINE SERVICES. THE TERMS "YOU" AND “CUSTOMER” REFER TO: (1) THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, OR (2) IN THE CASE OF A NON-LEGAL ENTITY, THE INDIVIDUAL IDENTIFIED IN THE INFORMATION YOU PROVIDE TO ARCOS MULTIMEDIA GROUP. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT USE THE SERVICE.
1.1 The Services are provided subject to the following terms and conditions and any operating policies that Arcos Multimedia Group may establish (such terms, conditions and operation policies are referred to herein as the "Agreement"). Arcos Multimedia Group may make changes to the Agreement, and Customer’s continued use of the Services constitutes Customer's acceptance of any such changes.
1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.
1.3 The Services provide restaurants and other related businesses the tools to sign up visitors to their web sites, collect and retrieve visitor sign-up data, and develop and execute interactive marketing communications with visitors.
1.4 Customer must complete a service agreement in order to use the Services. Customer will provide true, accurate, current, and complete information about Customer as requested, and will update Arcos Multimedia Group to keep it current. As part of the registration process, Customer will select an e-mail address and password for Customer's Arcos Multimedia Group account. Customer is responsible for maintaining the security of the Customer account, password, and files, and for all uses of Customer's account and of the Services in Customer's name. Arcos Multimedia Group reserves the right to refuse a registration or to cancel an account as Arcos Multimedia Group in its sole discretion deems appropriate.
2.1 This is an Agreement for services, and Customer is not granted a license to any software by this Agreement. Customer will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services or any software, documentation, or data related to the Services ("Software"); modify, translate, or create derivative works based on the Services or any Software; or copy (except that Customer may make one electronic copy for archival purposes), distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
2.2 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Arcos Multimedia Group’s privacy policies as published at www.Arcos Multimedia Group.com/privacy.html or as may otherwise be furnished to Customer (the "Policy") and all applicable laws (including but not limited to regulations and laws related to spamming, privacy, obscenity, and defamation). Customer may not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party unless Customer has the right to use such third party mailing lists. Customer hereby agrees to indemnify and hold harmless Arcos Multimedia Group against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys fees) in connection with any claim or action that arises from an alleged violation of the foregoing. Although Arcos Multimedia Group Marketing has no obligation to monitor the content provided by Customer or Customer's use of the Services, Arcos Multimedia Group may do so and may remove any such content or prohibit any use of the Services it believes may be (or that is alleged to be) in violation of the foregoing.
2.3 Customer acknowledges and agrees that an automatically generated identifying footer stating "Powered by Arcos Multimedia Group" or a similar message shall appear on every e-mail message sent by Customer in connection with the Services.
2.4 In using the various features of the Services, Customer may provide confidential or proprietary information, including but not limited to names, contact information, technical information, information about Customer’s use of the Services and the web site, and other registration information (the “Confidential Information”), to Arcos Multimedia Group. Customer acknowledges and agrees that Arcos Multimedia Group may use the Confidential Information to tailor its presentations to Customer, facilitate Customer's movement through the web site, or communicate separately with Customer. Arcos Multimedia Group will not use or disclose the Confidential Information to third parties except as authorized by Customer, or unless Arcos Multimedia Group has entered into an appropriate confidentiality or non-disclosure agreement with such third party to prohibit the use or disclosure by such third party of the Confidential Information without the prior written consent of Customer.
3.1 Arcos Multimedia Group charges and collects in advance for use of the Services. Arcos Multimedia Group will charge Customer’s credit card (or issue an invoice if Arcos Multimedia Group approves such an arrangement) for the Initial Term service fee, and will thereafter automatically bill Customer's credit card (or issue an invoice to Customer) in the amount of monthly service fees as follows: (a) every month for monthly accounts, (b) every quarter for quarterly accounts, or (c) each year on the subsequent anniversary for annual accounts. The renewal fee will be equal to the then-current service fee in effect at the time of such renewal. Fees for other services will be charged on an as-quoted basis. Arcos Multimedia Group' fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Customer shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Arcos Multimedia Group' income.
Customer agrees to provide Arcos Multimedia Group with complete and accurate billing and contact information. This information includes Customer's legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and License Administrator. Customer agrees to update this information within 30 days of any change to it. If the contact information Customer has provided is false or fraudulent, Arcos Multimedia Group reserves the right to terminate Customer's access to the Service in addition to any other legal or equitable remedies it may have.
For credit card payers, service fees shall accrue at the start of the Initial Term, and Customer's credit card will be charged at that time. Should Customer terminate its services in accordance with this Agreement prior to the end of a service period, Arcos Multimedia Group shall refund Customer’s credit card on a pro-rated basis for the remaining portion of the service period. If Customer has been approved for payment by invoice, invoices will be generated at the start of the Initial Term, and thereafter approximately one month in advance of the start of any Renewal Term, and shall be due within 30 days. Customer's account will be considered delinquent (in arrears) if payment in full is not received within 30 days of the date of the invoice.
If Customer believes that the bill is incorrect, Customer must notify Arcos Multimedia Group in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
3.2 Non-Payment and Suspension
In addition to any other rights granted to Arcos Multimedia Group herein, Arcos Multimedia Group reserves the right to suspend or terminate this Agreement and Customer's access to the Services if Customer's account becomes thirty (30) days or more delinquent (falls into arrears). Delinquent invoices (accounts in arrears) may be subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection, including attorney’s fees. Customer will continue to be charged service fees during any period of suspension. If Customer or Arcos Multimedia Group initiates termination of this Agreement, Customer will be obligated to pay the balance due on Customer's account computed in accordance with the Charges and Payment of Fees section above. Customer agrees that Arcos Multimedia Group may charge such unpaid fees to Customer's credit card or otherwise bill Customer for such unpaid fees.
Arcos Multimedia Group reserves the right to impose a reconnection fee in the event Customer’s account is suspended and thereafter requests access to the Services. Customer agrees and acknowledges that Arcos Multimedia Group has no obligation to retain Customer data and that such Customer data may be irretrievably deleted if Customer's account is 30 days or more delinquent.
ARCOS MULTIMEDIA GROUP AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR ANY CONTENT; ARCOS MULTIMEDIA GROUP AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICES WILL MEET CUSTOMER'S REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER THROUGH THE SERVICES WILL MEET CUSTOMER'S REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND ALL CONTENT IS PROVIDED TO CUSTOMER STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED BY ARCOS MULTIMEDIA GROUP AND ITS LICENSORS TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ARCOS MULTIMEDIA GROUP IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
IN NO EVENT SHALL ARCOS MULTIMEDIA GROUP AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM CUSTOMER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) EVEN IF THE PARTY FROM WHOM DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Customer may not remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
This Agreement commences on the date Customer and Arcos Multimedia Group completes the subscription form. The Initial Term of this Agreement will be one month, three months, or one year as determined by Customer's election during the subscription process, commencing on the date Customer agrees to pay for the Services by completing the subscription form. This Agreement will automatically renew, for a term equal in duration to the Initial Term, upon the expiration of the Initial Term or any renewal term. Either party may terminate this Agreement or reduce the number of licenses, effective upon the expiration of the then current term, by notifying the other party in writing at least thirty (30) business days prior to the date of the invoice for the following term. In the event that Customer terminates this Agreement (other than by reason of Customer's breach), Arcos Multimedia Group will make available to Customer an exported list of its Customer emails within 30 days of termination if Customer so requests at the time notice of termination is given. Arcos Multimedia Group reserves the right to impose a service fee in the event Customer requests an electronic file of additional Customer data. Customer agrees and acknowledges that Arcos Multimedia Group has no obligation to retain the Customer data, and such information may be irretrievably deleted after 30 days following termination.
Any breach of Customer's payment obligations or unauthorized use of the Arcos Multimedia Group technology or Services will be deemed a material breach of this Agreement. Arcos Multimedia Group, in its sole discretion, may terminate Customer's password, account or use of the Services if Customer breaches or otherwise fails to comply with this Agreement. Customer agrees and acknowledges that Arcos Multimedia Group has no obligation to retain the Customer data, and such data may be irretrievably deleted if Customer has materially breached this Agreement, including but not limited to failure to pay any amounts owing to Arcos Multimedia Group when due, and such breach has not been cured within 30 days of notice of such breach.
Arcos Multimedia Group may give notice by means of a general notice on the Services, electronic mail to Customer's e-mail address on record in Arcos Multimedia Groups' account information, or by written communication sent by first class mail or pre-paid post to Customer's address on record in Arcos Multimedia Groups' account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). Customer may give notice to Arcos Multimedia Group (such notice shall be deemed given when received by Arcos Multimedia Group) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mailed to Arcos Multimedia Group at the following address: Arcos Multimedia Group, 3809 Carbondale avenue, Austin, Texas 78744 addressed to the attention of: Sales Department.
If a dispute arises between Arcos Multimedia Group and Customer that cannot be resolved in good faith through negotiations between the parties, the parties agree to submit the dispute to mediation before resorting to any litigation other than a suit to seek injunctive relief. If mediation is required, the parties shall jointly agree upon a mediator acceptable to both parties. If a dispute cannot be resolved through mediation, both parties agree to submit the dispute, whether predicated upon breach of contract, the commission of a tort, or the violation of an ordinance, statute, rule or regulation, to non-binding arbitration supervised by the American Arbitration Association (AAA), Two Galleria Tower Suite 1440, 13455 Noel Road, Dallas, Texas 75240, 
(21..., using an AAA approved arbitrator and AAA Industry Arbitration Rules. The decision of the arbitrator shall not be binding upon Arcos Multimedia Group and Customer, but may be considered by a court in a suit between the parties.
12.1 If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
12.2 Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.
12.3 No agency, partnership, joint venture, or employment is created as a result of this Agreement, and Customer does not have any authority of any kind to bind Arcos Multimedia Group in any respect whatsoever.
12.4 In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs and attorneys fees.
12.5 This Agreement shall be governed by the laws of the State of Texas without regard to its conflict of law’s provisions.
12.6 Arcos Multimedia Group reserves the right to modify its pricing and will notify Customer by email when this occurs.
12.7 Neither party has the right to assign this Contract without the written consent of the other.
We are a company dedicated to creating graphic solutions, multimedia and Web page development. Committed to developing first class services and keep our customers satisfied with the service provided.
We provide services to both small and medium businesses.