ZeinSystems Terms & Conditions


     By placing an order with ZeinSystems, you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions:

The Client: The company or individual requesting the services of ZeinSystems.

ZeinSystems: Primary designer/site owner & employees or affiliates.


General


     ZeinSystems will carry out work only where an agreement is provided either by email, telephone, mail or fax. ZeinSystems will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between ZeinSystems and the client; this includes telephone and email agreements.


Website Design


     Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, ZeinSystems cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of ZeinSystems until all outstanding accounts are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by ZeinSystems remain the copyright of ZeinSystems and may only be commercially reproduced or resold with the permission of ZeinSystems.

ZeinSystems cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to the brief will be carried out at the discretion of ZeinSystems and where no charge is made by ZeinSystems for such additions, ZeinSystems accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

The client agrees to make available, as soon as is reasonably possible, to ZeinSystems all materials required to complete the site to the agreed standard and within the set deadline.

ZeinSystems will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

ZeinSystems will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.

ZeinSystems will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

ZeinSystems will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

Travel expenses for necessary meetings and approved journeys undertaken by ZeinSystems staff and associates will be charged to the client at cost.

ZeinSystems and the client must work together to complete the web design project in a timely manner. We agree to work expeditiously to complete the web design project after the client has submitted all necessary materials. If the client does not supply ZeinSystems with complete text and graphic content for this web design project within 30 days of the date this agreement was signed, the entire amount of the agreement becomes due and payable. If the client still has not submitted all the required contents within 60 days after signing this agreement, an additional continuation fee of 15% of the total agreement price will be assessed for each month until the web design project is published or the client cancels the web design project in writing.

The web site design project delivery shall be completed upon receipt of the payment associated with delivery. Delivery may be accomplished by publishing, electronic transfer, or physical media. The client understands that ZeinSystems may not be providing any hosting services in connection with this web design project. Hosting services may require a separate contract. The client will be solely responsible for all hosting service charges. The client assumes all responsibility for the use and functionality of the web design project.


Database, Application and E-Commerce Development



ZeinSystems cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, applications or software (unless specifically agreed) written by ZeinSystems remain the copyright of ZeinSystems and may only be commercially reproduced or resold with the permission of ZeinSystems.

Where applications or sites are developed on servers not recommended by ZeinSystems, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client's responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test fully any application or programming relating to a site developed by ZeinSystems before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, ZeinSystems will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.


Compatibility


ZeinSystems will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Firefox 2.0 and to an acceptable level with Internet Explorer 7+ browsers. ZeinSystems can offer no guarantees of correct function with all browser software.


Payments


Payments must be made promptly based on the agreed schedule. Delinquent bills can be assessed a $150 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 15% penalty can be added for each month of delinquency. ZeinSystems reserves the right to remove any web design project from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by an authorized representative ZeinSystems. Regardless of the place of signing of this agreement; please pay on time. All payments will be made in US $ funds unless agreed upon in writing by both parties.

a) By web design projects under $500.00; payment by ordering

b) By web design projects over $500.00; 50% by ordering and 50% by publishing.

c) By web design projects over $2,000.00; agreed in writing a down payment and payments by milestones.


Web Site Maintenance


This agreement allows for minor web site maintenance to pages over a 1-month period, up to an average of one half hour per regular web site, including updating lines and making minor changes to a sentence or paragraph.

It does not include updating or replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, navigation structure changes, and attempted updates by client repairs or web design projects delivered to the client via email or cd.

The period of 1 month begins on the date the client's web design site has been published to client's hosting service or 30 days from the date this agreement was signed, whichever comes first. If the client's web design package includes database access using Server Side Script, then very minor page code changes will be accepted under this maintenance plan. Major page code and/or database structural changes will be charged at current hourly rates.


Website Hosting, support and updating service agreements


ZeinSystems offer annually renewable packages of hosting and updating service agreements which can be purchased as part of a package or separately. These include hosting, content updating and search engine submissions.

These packages are quoted for either on application or at time of quoting for a full project.

Hosting, support and updating services are annually renewable; package start dates are based on when the package or domain name is first registered and now when the web project goes live.

Our content update service refers to any content, photographs or text which replaces any current content. It does not extend to producing new sections or pages unless otherwise noted.

Quoted prices generally stay the same year on year but can change depending on the amount of content updated, additional sections added, bandwidth, or web space used.

Monthly we submit client's sites to search engines however, we cannot guarantee inclusion or accept responsibility or liability if any search engine, online directory or search site, submitted to as part of a web site promotion commission, chooses not to list a client's web site.

Hosting support and updating packages are renewed annually, invoices are provided approximately one month before the renewal date, however or usual payment terms apply from the invoice date.

Customers wishing to cancel a hosting, support or updating package must inform us before the invoice date otherwise full annual payment will be required.

No partial refunds will be given for hosting, servicing or updating packages cancelled during the current agreements time period.

While we and our hosting partners take many steps to ensure that clients sites are always backed-up it is the client's responsibility to inform us when they make a change to the site so that we can then backup that specific part. For example databases of database driven sites.

ZeinSystems recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by ZeinSystems cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

ZeinSystems reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.


Payment of Accounts


A deposit is required from any new client before any work is carried out. It is the ZeinSystems policy that any outstanding accounts for work carried out by ZeinSystems or its affiliates are required to be paid in full, no later than 10 days from the date of the invoice unless by prior arrangement with ZeinSystems.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or ZeinSystems have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, nonpayment can result in county court judgments (ccj's) being added to the client's credit rating.

Following consistent nonpayment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.


Complaints Procedure


Informal procedure


Anyone who experiences a problem with their web service provided by ZeinSystems should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.

ZeinSystems will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.


Formal complaints procedure


The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to ZeinSystems, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.


Refund Policy:


Credit Card Payment thru 2CheckOut

A refund is the actual reimbursement of the cost of a Product or Service to a Customer regardless of the basis for the reimbursement ("Refund"). 2CO accomplishes the Refund by reversing the amount previously charged to the Customer's Card or account at the Card issuing bank and the appropriate amount is credited to the appropriate Card or account at the Card issuing bank of Customer. 2CO may issue a Refund without the prior knowledge or consent of Supplier in any case 2CO deems it appropriate. 2CO will promptly notify Supplier of any Refund and provide Supplier with information regarding the basis for 2CO's determination to issue the Refund.

Supplier's Account will be debited by 2CO in an appropriate amount for all Refunds, regardless of the basis for the Refund.

In the event of a Return or Refund, Supplier agrees to indemnify and hold 2CO harmless from liability and, further, Supplier agrees to immediately pay 2CO an amount equal to all funds 2CO has paid to Customer on behalf of Supplier.