Terms & Conditions

Welcome to Arkitchen, Central Arkansas’ Largest Professional Commercial Kitchen. The following are the Terms of this website, owned and operated by Lambshed, LLC. All visitors agree that access to and use of this site are subject to the following terms and other applicable laws. If you do not agree to these terms, you should not use or access this website. “Arkitchen” or “the Company” reserves the right to revise these terms at any time by updating this agreement.


Our Guarantee:
It has been and will always be our mission to help small and local culinary businesses; as well as, to provide an opportunity for growth and expansion. We will provide you with a fully licensed commercial kitchen to help you achieve your goals. 


Terms:
For your convenience, all contract kitchen time is paid for in advance at the beginning of the month on the 1st day of every month in your contract. Additional hours needed may be leased if you go over your contracted amount. Any overages you have incurred can be ordered immediately via the site. Clients are responsible for reserving cold and dry storage that will be used through the month. Failure to schedule overages, or not paying for storage fees at the beginning of the month will make cause for penalties to be determined by Arkitchen, with or without consent from the client.


Payment Terms:
You may book up to four pieces of gas/electrical equipment at a time, but please book only the equipment that you need. If you need more equipment, please contact a Arkitchen representative. 
All reservation for the Arkitchen facilities must be made 24 hours in advance. Using the kitchen without booking – You will be billed at the non-scheduled kitchen time rate of $40 per hour.

Arkitchen EPU/Sysco Purchasing Terms

Must have Credit Card on fill-in Arkitchen Scheduler. Checks may be used for overages of CC limit if necessary, but arrangements with Arkitchen should be made due to Settlement Policy.

Settlement Policy: All Transactions to be settled End Of Day. Late orders (after 5pm CST) to be settled by following EOD. 

Declined Credit Card Transactions will cost $50 + 15% of Purchase, Key-Fob-Lock-Down until debt is paid. Check Bounce will cost $100 + 15%, KFLD

Members must be present for Deliveries. Arkitchen is not responsible for Checking In Orders or Receiving Goods.

 

Arriving early or needing to stay late in lieu of your reserved time:
Your time slot that you have reserved may not be extended for the beginning or end of your reserved time. Please be respectful of other client’s reservations and make sure you allocated enough time for yourself to load, unload, prep, cook, clean, etc. and you do not interfere with other client’s scheduled use of the facility. 


Cancellation and Scheduler Abuse: 
Once your time has been reserved, the space becomes unavailable to others. We strongly recommend that you use your time wisely and consider how much time is needed to prepare your products and clean your station, storage, and refrigeration units. 
All Chefs are required to give a 24-hour notice to cancel or reschedule. A 24-hour notice of cancellation or re-scheduling is required to move to another date, considering that date is available. Less than 24 hours notice means that you will be charged for the time scheduled and not used. 

Payment terms are within the Company’s sole discretion, and, unless otherwise agreed to by the Company, payment must be made at the time of purchase. All kitchen time must be paid for in advance at the beginning of the month, and membership fees are due on the 1st .  Automatic payment are made online with a credit or debit card. Additional hours needed may be leased if you go over your agreed amount. Any overages you have incurred will be billed immediately. 
Your order is subject to cancellation by the Company, at the Company's sole discretion. The Company is not responsible for pricing, typographical, or other errors, in any offer by the Company and reserves the right to cancel any orders resulting from such errors.
Chargebacks of Credit Cards will result in a $50 fee. Returned checks will result in a $40 fee.


Use of the Kitchen Facilities:
Clients of the Arktichen facilities are expected to follow all proper state and local sanitation requirements and ServSafe standards, as well as keeping the Arkitchen facility clean and in a professional state. Clients are also expected to properly clean and sanitize during their reserved time and make sure the Arkitchen facility is ready for the next client to use. The Arkitchen facility may be busy at times (health department, potential clients, customers, visitors, etc.) and it is very important that you, our client, maintain the highest standards of cleanliness and professionalism. 

Returns and Refunds:

General Terms and Conditions(excluding Walk-in Membership):
Arkitchen may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Arkitchen.
Auto Renewal / Subscriptions / Renewals / Etc.:
Arkitchen Contracts will renew automatically near the 1st of every month, based on lease terms defined. No refunds will be provided during the contract year annually, or-semi-annually. Calcellation requests need to be submitted to our team for review.  30 days notice is required. Email notice to jon@arkitchenlr.com. Walk-in Memberships also have no refund.

Credit Card Security:
For additional security, we use Authorize.net and/or other reputable merchant processors to process all orders and do not store any credit card information on our servers.
Limitations of Liability:
The Company is not responsible for any injury incurred from using or abusing our kitchen. You agree that for any liability related to the purchase of product, the Company is not liable or responsible for any amount of damages to yourself or others.


Binding Arbitration:
Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) between you and the Company, its agents, employees, principals, successors, assigns, and/or affiliates arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this agreement), the Company's advertising, or any related purchase shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its code of procedure then in effect. The arbitration will be limited solely to the dispute or controversy between you and the Company. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. The Company will be responsible for paying any arbitration filing fees and fees required to obtain a hearing to the extent such fees exceed the amount of the filing fee for initiating a claim in the court of general jurisdiction in the state in which you reside. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.


Modifications:
Arkitchen reserves the right, at any time, to modify, suspend, or discontinue the site or its services or any part thereof with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the site or services or any part thereof.
 

Account Responsibilities:
You are responsible for maintaining the confidentiality of your Arkitchen online account information and are fully responsible for all activities that occur under your Arkitchen account. You agree to immediately notify Arkitchen of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. Arkitchen cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Indemnification:
You agree to indemnify, defend, and hold harmless Arkitchen, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Governing Law:
Your use of this site shall be governed in all respects by the laws of the state of Arkansas (Arkitchen's choice), without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Arkitchen products) shall be in the state or federal courts located in Little Rock, Arkansas (Arkitchen's choice). Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Arkitchen products) must be commenced within one (1) year after the claim or cause of action arises. Arkitchen's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Arkitchen may assign its rights and duties under this Agreement to any party at any time without notice to you.


Fraud Protection:
As part of our order processing procedures, we may screen orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse any order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.


Warranty Disclaimer:
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Arkitchen disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Arkitchen does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Arkitchen does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Disputes:
We work hard to keep our customers satisfied. If a dispute arises between you and Arkitchen, our goal is to provide a means of quickly resolving the dispute. If you have any concern or dispute about the services, you agree to first try to resolve the dispute informally by contacting us.
If your dispute is not resolved within 30 days after contacting us, then you and Arkitchen agree that we will resolve it through final and binding arbitration, with the following three exceptions:
1. You may assert your dispute, if it qualifies, in small claims court.
2. Both you and Arkitchen may bring a suit in court in the state of Arkansas only for a claim of infringement or other misuse of intellectual property rights. In this case, we both waive any right to a jury trial.
3. If it qualifies, you may bring a claim to the attention of a relevant federal, state, or local agency that may seek relief against us on your behalf.

Arbitration Rules:

To begin an arbitration proceeding, send a certified letter requesting arbitration and describing your claim to the 9813 West Markham, Little Rock, AR, 72205. Any arbitration will be conducted by the American Arbitration Association (AAA) under its rules and will be held in the State of Arkansas.
No Class Actions: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
Injunctive Relief: If you use the services in violation of these Terms, you agree that we are entitled to any injunctive remedy or an equivalent type of urgent legal relief in the appropriate jurisdiction.
This dispute resolution process will continue after you have stopped using the services.
No Waiver: 
Our failure to enforce any provision of these Terms is not a waiver of our rights under that provision.


Prepayment Terms and Conditions:
Prepayment means that you have paid for your kitchen in advance, at the time of booking.
If you have prepaid your rental, Arkitchen is subject to the following terms and conditions (the "Terms"). If You do not agree with these Terms, contact an Arkitchen Representative.
Subject to specific temporary promotions that may apply, prepaid rates are non-discountable and cannot be combined with any other promotional offer. Arkitchen rental time is not transferable to any third party. Only the card holder can benefit from prepaid rates. 

Arkitchen Pricacy Policy

This Privacy Policy describes how we handle personal information collected, used, and shared when a visitor or customers acceses Arkitchen .

SECTION 1 - TRANSACTIONAL INFORMATION

What do you do with my information? When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our store, we also automatically receive your computer Internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

SECTION 2 - CONSENT

How do you get my consent? When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, such as marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. How do I withdraw my consent? After you opt-in, if you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at info@arkitchenlr.com or mailing us at: Arkitchen, 9813 West Markham, Little Rock, Arkitchen, 72205

SECTION 3 - DISCLOSURE

Do you disclose my information? We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 4 - ONLINE STORE

Payment: If you choose a direct payment gateway to complete your purchase, the online store transmits your credit card data. The store data is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

SECTION 5 - THIRD-PARTY SERVICES

In general, the third-party providers we use will only collect, use, and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. You can opt out of targeted advertising by: Facebook - https://www.facebook.com/settings/?tab=ads Google - https://www.google.com/settings/ads/anonymous Bing - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. Once you leave our store website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website's Terms of Service. Links When you click on links on our store, they may direct you away from our site. We are not responsible for the content or privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 - SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

SECTION 7 - DO NOT TRACK

Our website uses “Cookies” as data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser. If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below. Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

SECTION 8 - AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 9 - CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you. QUESTIONS AND CONTACT INFORMATION If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at jon@arkitchenlr.com

Rates:
Rates exclude all applicable charges which are not expressly mentioned on the Arkitchen Reservation as included, and any optional additional services for which the customer may be liable. The same credit card as the one used at the time of the prepayment must be presented at the Arkitchen scheduler to cover any additional non-anticipated charges not covered by the prepayment amount, unless changed or added to the system.
 
You may amend your reservation free of charge to 24 hours before time of use, by using the same booking channel as the one used for your reservation. Amendment to the reservation may affect the rental rates and may require a new Arkitchen Reservation to be issued.
 
You may cancel your reservation by using the same booking channel as the one used for your reservation or by contacting an Arkitchen Representative. Cancellations made through the Arkitchen Reservation website will take effect when recorded in the Arkitchen Reservation system.

You may cancel your prepaid reservation as follows:

You may cancel the reservation free of charge up to 24h before the rental is due to start.
Prepaid reservations that are cancelled on the date of pick-up or less than 24h before the rental pick-up time are fully refunded. If you have not cancelled and fail to use the kitchen time, there will be no refund. If the amendments to the reservation are not made, no refunds shall be given for unused days for rentals ended early (i.e. the customer completes working before the end of the agreed rental period) or late arrival, if the customer fails to arrive on the rental start date and time, or cancellations made after the due rental start date and time.
 
All rentals are subject to standard terms and conditions of the Arkitchen Reservation Agreement in effect at the time and place of rental. 

 
Rental times  are based on reservation rules listed in the Policy & Procedures provided by Arkitchen. Additional hour charges will apply if the Arkitchen Reservation is longer than specified (additional hours begin after a 15-minute grace period and will be billed at the available public rate).
 
If you have prepaid your booking in the capacity of a business renter, any dispute arising from your booking shall be subject to the exclusive jurisdiction of the Arkansas Supreme Court.

Proprietary Rights:
The entire content included in this site, including but not limited to text, graphics or code is collectively the property of Arkitchen and are protected by copyright, trademark and other property rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the scheduler site. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Arkitchen or purchasing Arkitchen products and services. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Arkitchen or to purchase Arkitchen products  or services. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Arkitchen. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Contact: 
Lambshed, LLC
lambshed411@gmail.com | (501) 413-0831
Please note that Arkitchen is a company that puts its clients and customers above all else. If you're ever having issues, need help, or want to complain about something, email jon@arkitchenlr.com and we will take care of you as fast as we can. As stated above, it has been and will always be our mission to help small and local culinary businesses; as well as, to provide an opportunity for growth and expansion. We are a small business that supports and believes in other small businesses. Much Love!