Standard Terms and Conditions
These are the standard terms and conditions for website design and development and apply t all contracts and work undertaken by ZazzBizz for its clients.
Our fees and deposits
For all small business website packages the full package fee is applicable immediately upon you instructing us to process with the website design and development work. For custom website work 50% deposit of the total fee is payable under our proposal and is due immediately with 50% due when the work is completed. We reserve the right not to commence any work until the deposit has been paid in full.
The 50% deposit is only refundable if we have not furfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.
Supply of materials
The client is required to supply all materials and information to us to complete the website with accordance to any agreed specification. Such materials may include but are not limited to photographs, written content, logos, and other material. Where there is a delay in supplying these leads to a delay in completion of the work.
Where the client cannot supply materials and it prevents us from progressing, we have the right to invoice you for any parts of the work already completed.
We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.
Our website development phase is flexible and allows certain variations to the original package. However any major deviation from the specification will be charged at a rate of €50 per hour.
Project delays and client liability
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
Approval of work
On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such a notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7 day review period will be deemed to have been approved. Once approved or deemed unapproved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the remaining balance for the project will become due.
If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
Small business packages are required to pay the entire amount in advance. For custom website design and development upon completion of the 7-day review period, we will invoice you for the 50% balance of the project.
Warrenty by you as to ownership of interlectual property rights
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of ZazzBizz under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
Annual Maintenance Fee
Maintaining a functional web site involves hosting services, domain renewal, maintenance and security updates, and other services. Web sites created by ZazzBizz are provided as a full service, which includes all necessary maintenance updates and services for the first year. After the first year, the Client will be automatically charged an annual fee of €137 excluding tax to cover the hosting, domain renewal and cost to maintain the web site.
The Client may choose to cancel this services at any time, and the web site will be shut down at that time.
Domain Name and Hosting
The Client agrees that registration of a domain name does not provide endorsement of the right to use the name.
The Client is responsible for ensuring they have due title to the domain name. The Developer holds no liability and the Client hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client’s registration of a domain name.
The domain name is registered in the Client’s own name, address and contact details. The Client should be aware that a domain name is registered with a third party and as such the Client shall agree to fully abide by the terms and conditions set out by the third party for such services.
Client agrees to take all legal responsibility for use of third party domain name and hosting services and supplies truthful details to the third party services.
The Client agrees that information submitted for registration of Domain names is then available the general public via the Nominet Whois system. However, Clients that are using their web site for non-trading purposes may ask the third party registrar for their contact information not to be included in the Nominet Whois system.
The Client is liable to pay Developer for any domain name registrations and the initial set up of the hosting if included as part of the web site build.
Payment for domain and hosting services are to be made immediately on receipt of invoice from ZazzBizz. Failure to comply with the payment terms may result in the Clients domain name becoming available to another party and/or the web site and email services becoming unavailable. ZazzBizz cannot be held responsible for any loss of business, email or other factors caused by non payment of invoice by the client however caused.
Upon payment being received the client understands it could take up to 48 hours for full service to be restored due to technical reasons
In exchange for the stated Design Fee, ZazzBizz will provide a Finished Product(s) to the Client in the form of a fully operational web site, inclusive of all necessary files, as well as one year of hosting and domain services. The web site and design are provided as a service, and these files become the exclusive property of the Client upon acceptance of delivery. However these files are partially based on a non-exclusive code base created and maintained by ZazzBizz and in some cases existing code was used to help create the deliverables. Such code and other underlying technologies do NOT become the property of the Client, only the Finished Product(s). In addition, the Finished Product(s) may depend on code, objects (COMs), and other third party utilities that are the property of their respective owners. No rights to these dependencies is expressed or implied. Additional licensing may be required with third party assets.
Review, Expiration or Cancellation
This Contract is valid for the duration that the Client retains the web site from ZazzBizz. This Contract may be terminated by either party with a full 30 day written notice. Upon the termination of Contract, the web site and associated hosting services will be terminated, and the domain will not be renewed. All offerings from ZazzBizz are offered as services, and as such are subject to an annual maintenance fee. Upon termination of the contract, no refunds will be provided, and the web site will no longer be accessible.