IMPORTANT LEGAL TERMS & CONDITIONS FOR SERVICE
ZeroZen Design, and the client are subject to the following terms & conditions. These apply to the exclusion of all other terms & conditions unless stated otherwise in any official correspondence. These terms & conditions do not affect your statutory rights.
These terms and conditions may be subject to amendment from time to time. If you have any uncertainties regarding these conditions and how they might apply to you or your project, it is your responsibility to seek clarification before making your payment.
Prices listed on the estimate are good for a period of fifteen (15) days from the day that the estimate is created. This cannot be adjusted once the payment is made.
3. Project Payment(s):
A. All payments must be paid online by credit card, debit card or Paypal unless other payment arrangements have been agreed on.
B. Project prices are non-negotiable.
C. There are two payment options for your project. 1). Pay in full prior to project commencing. 2). Payment plan including a 15% financing fee added to the total cost. Payments are divided up into 12 installments. The initial [upfront] installment includes the 15% financing fee.
4. Late Payment and Penalties:
All project balances are to be paid on time. If payment plan payments are not received within 7 days of the due date, a $25 late fee will be applied.
Client agrees to reimburse ZeroZen Design for any of the following expenses necessary for completion of the project, including but not limited to: (e.g. Fonts, Messengers, Proofs, Props, Research, Shipping, Software, Stock Photography, Travel, Telephone Consultation). Any additional expense must be approved by the client in writing prior to purchase or execution.
6. Assignment of Work:
A. ZeroZen Design reserves the right to assign other designers or subcontractors (of our choice and at our discretion) to each project in order to ensure quality and on-time completion.
7. Content (refers to any text or media):
A. There are 2 ways to deal with content addition to your website. 1) We add the content. All content must be provided to us by dropbox upload. Location of content placement must e designated by dropbox comments. We must have all the necessary content within 72 hours after the completion of the scheduled discovery call. If no content has been provided within this timeframe, the price of the content addition add-on will be refunded to client.
B. You grant ZeroZen Design permission to utilize logos and any other company branding for the purpose of creation of your website.
C. You agree to indemnify ZeroZen Design from any and all claims arising from your negligence or inability to obtain proper copyright permissions for any and all content supplied by you to us.
D. Unless otherwise agreed upon, a design credit with a link to the ZeroZen Design website will appear on the right side of the footer of your website in text format. The link will be in keeping with the overall design of the site.
8. Project Time Table:
A. We will provide you with our estimated timeline for progress and completion of the project, and will use efficient time management practices during regular business hours to meet the estimated timeline.
B. We shall have no liability to you nor be deemed to be in breach of this contract if we are delayed in performing or unable to perform any of our obligations due to circumstances beyond our reasonable control. This includes delays incurred by slow or failed communication by you. Slow or failed communication is defined as not responding to requests and inquiries from ZeroZen Design within 24 business hours. Repeated delays in communication from you may result in early client termination without a refund.
A. Our monthly hosting & support includes (adequate file hosting, technical support, daily website backups, monthly website maintenance and optimization, monthly website updates, website monitoring). If you are paying for your website with the 12 month payment plan, then you are required to pay for the monthly hosting & support (which is included in your monthly cost) until the site is paid for in full. If you choose to continue using this service after the website is completely paid for, you will be billed every 3 months for this service.
B. Hosting is offered at the price specified on our website at the time of your initial project payment. Hosting is offered in 3, 6, or 12 month billing cycles.
C. Any website client enrolled in a monthly website payment plan must pay for and utilize our managed hosting services without negotiation. The price of hosting services is included in the total monthly amount that is requested at the time of checkout.
10. Edit Credits:
A. Each website project includes 10 edit credits. One edit credit is equivalent to 15 minutes of design and/or development time. B. 1. Any task requiring 15 minutes or less of development, design or administration time will “cost” 1 edit credit. 2. Any task requiring more than 15 minutes of development, design or administration will “cost” the number of edit credits necessary for completion. The client must be notified of the number of edit credits to be subtracted from their total balance of available credits before work begins.
3. If the client edit credit balance is insufficient for a requested task, the task will not be completed, nor any available edit credit balance used.
4. Edit credits can be purchased 10 per transaction. The price must be presented at the time of checkout.
11. Warranty & Refund:
A. ZeroZen offers full or partial refunds based only on the following payment schedule. All cancellation requests must be submitted in writing through electronic message (e-mail). No other refund options or cancellation request methods will be considered (other than refunds regarding content addition mentioned above in section 7).
By signing this agreement, you also waive the right to perform a chargeback for any amount paid for services or products we offer.
If you request your project canceled for any reason after making the initial payment, but prior to the discovery call being completed, we will refund up to 100% of your payment (excluding any processing fee applied to the amount paid). If you request cancellation of the project anytime after the Discovery Call or during the Edit Call, up to 65% may be refunded (excluding any processing fee applied to the amount paid). If you decide to request project cancellation anytime after the Edit Call or during the Final Call, 15% of the project cost may be refunded (excluding any processing fee applied to the amount paid). Once the Final Call is completed, no project cancellations or project refunds will be considered whatsoever.
B. Any refunded amount will show in your account within 15 business days of refund request
C. ZeroZen will not be responsible for any direct, indirect or consequential damages that may result from the use of its services and/or products. Your final approval of the project verifies your acceptance of all Design & Development of your website. This does not include Content, Spelling or Grammar. You acknowledge and agree that ZeroZen cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond our control.
All services provided by ZeroZen Design may be used for lawful purposes only. You agree to indemnify and hold ZeroZen Design harmless from any claims resulting from our service that damages your and/or any other party as well as any success, failure(s) or performance caused or experienced therein.
All work performed by us remains under the ownership of ZeroZen Design until project is paid in full. At this time all rights and ownership will be transferred to the client.