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Our standard terms and conditions regarding our sevices are details below.
By placing an order with zone 5, 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 zone 5.
Zone 5: Primary designer/site owner & employees or affiliates.
General
Zone 5 will carry out work only where an agreement is provided
either by email, telephone, mail or fax. Zone 5 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 Zone 5and the client, this
includes telephone and email agreements.
Website Design and Optimisation
Whilst every endeavor will be made to ensure that the website and
any scripts or programs are free of errors, Zone 5 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 Zone 5 until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless
specifically agreed) written by Zone 5 remain the copyright of Zone 5
and may only be commercially reproduced or resold with the permission
of Zone 5.
Zone 5 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
Zone 5 and where no charge is made by Zone 5 for such additions, Zone 5
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 Zone 5 all materials required to complete the site to the
agreed standard and within the set deadline.
Zone 5 will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Zone 5 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.
Zone 5 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.
Zone 5 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.
Once a website has been designed and completed the final balance of
payment is then due in accordance with our payment terms. There are no
exceptions to this, i.e If the client decides they no longer want the
site, as they have commissioned the work and paid a deposit they are
still obliged to pay for the work that has been done. Non payment will
result in legal action being taken if necessary.
Disclaimers and limitations on liability
1. Zone 5 shall not be responsible for URLs dropped or excluded by a search engine for any reason.
2. Zone 5 shall not be responsible for delays or failure of
performance resulting from Internet Service Provider delivery problems
or failure, or any communication or delivery problems associated with
Client's receipt of the Account Service data. Zone 5 shall not be
responsible for acts or causes beyond their control, including but not
limited to: acts of God, strikes, lockouts, communications line or
equipment failures, power failures, earthquakes, or other disasters.
3. Zone 5 do not represent or warrant that Customers' URLs will
achieve a favourable position, or any position, within a particular
search engine.
4. Zone 5 do not warrant or represent that the use or the
results of the use of the materials available through the Zone 5
Services or from third parties will be correct, accurate, timely,
reliable or otherwise.
5. You expressly agree that use of the Zone 5 Services provided
hereunder is at your sole risk. These Services are provided on an "as
is" and "as available" basis. Zone 5 expressly disclaim all warranties
of any kind, express or implied, including without limitation any
warranty of merchantability, fitness for a particular purpose or
non-infringement.
6. Notwithstanding the security precautions taken against
disclosure of information, there are certain conditions that exist on
the Internet generally which are outside Zone 5' control and could
result in a breach of security. Accordingly, Zone 5 cannot guarantee
that Your Account Service data information will be free from corruption
or piracy. You hereby expressly waive any claim against Zone 5 arising
out of the loss of data through corruption, piracy, breach of security
or for any other reason that is not based on intentional or grossly
negligent actions of Zone 5.
7. To the maximum extent allowed by law, Zone 5 and any of their
parents, members, subsidiaries, affiliates, service providers,
licensors, officers, directors or employees shall not be liable for any
direct, indirect, special, incidental or consequential damages (no
matter how they arose, including negligence), or for interrupted
communications, lost data or lost profits, arising out of or in
connection with the Services provided hereunder. Further, Zone 5 will
not have any liability for any losses arising because the Zone 5
Services are not operational or accessible. This section does not limit
liability for bodily injury of a person.
Database, Application and E-Commerce Development
Zone 5 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, cgi applications or software (unless specifically
agreed) written by Zone 5 remain the copyright of Zone 5and may only be
commercially reproduced or resold with the permission of Zone 5.
Where applications or sites are developed on servers not
recommended by Zone 5, 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
clients 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 Zone 5 before being made generally
available for use. Where "bugs", errors or other issues are found after
the site is live, Zone 5 will endeavor (but is not obliged to) to
correct these issues to meet the standards of function outlined in the
brief
Compatibility
Zone 5 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 Microsoft Internet Explorer Version 6 and to an
acceptable level with Mozilla browsers. Zone 5 can offer no guarantees
of correct function with all browser software.
Website Hosting
Whilst Zone 5 recommends hosting companies to host websites, no
guarantees can be made as to the availability or interruption of this
service by Zone 5 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.
Zone 5 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 Zone 5 policy that any outstanding accounts for
work carried out by Zone 5 or its affiliates are required to be paid in
full, no later than 30 days from the date of the invoice unless by
prior arrangement with Zone 5.
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 Zone 5 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, non payment can result in county court
judgements (ccj's) being added to the clients credit rating.
Following consistent non payment 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
Anyone who experiences a problem with the web service provided by
Zone 5 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.
Zone 5 will approach the individual responsible for the material in
question with a view to resolving the matter to the satisfaction of the
complainant.
If you are interested in our website services, please contact us today.
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