RipeConcepts LLC provides the services and deliverables (“Services”)
listed on our website 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 ripeconcepts.com
is owned by Ace Outsource, LC, DBA RipeConcepts, headquartered in 1709
E 1300 S Suite 102, Salt Lake City, Utah 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 the 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 call +1 385 955 1102 or fill out the form here: https://ripeconcepts.com/contact-us/. 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 unmistakable 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.
6. PAYMENT
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.
7. DELIVERY
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.
11. NOTICES
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.
14. WAIVER
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.
15. SEVERABILITY
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.