Upon visiting our website you are required to accept the terms and conditions listed below in return for receiving information about our company, services and any other business information supplied.
GENERAL
These Terms and Conditions shall apply to all contracts for the supply of services from zodiacwebdesigns.com (part of zodiac-images.co.uk) to you, the customer.
We, zodiacwebdesigns.com will always endeavor to complete the services within estimated time frames. From time to time things may take longer than first thought to ensure a project meets our high standards.
FEES AND PAYMENT
A deposit of 50% is required for the commencement of the project. Once the project has been completed and sign off by yourselves, then we shall produce an invoice showing all amounts due.
The project is strictly the property and copyright ownership of zodiacwebdesigns.com until FULL payment has been received.
Invoiced amounts shall be due and payable within 10 days of the invoice date, unless a longer term is otherwise agreed.
It is the Customer's responsibility to allow ample time for payment to be received, allowing for postal delays and any other foreseeable events.
In the event of payment not being received within the agreed time, we shall be entitled to charge a late payment fee of 1% per calender month.
The above is believed to be correct at the time of writing. If however these figures are incorrect under UK law at the time payment is due, figures from the current UK Late Payment Legislation shall be used.
AMENDMENTS TO THE PROJECT
The parties concerned may at any time agree upon and execute new designs. New timescales and payment details will be advised at that time.
LIMITATION OF LIABILITY
Except in respect of death or personal injury due to negligence for which no limit applies, the entire project terms and conditions will still be in effect and FULL payment will still be required.
In no event shall we,zodiacwebdesigns.com be liable to you for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever.
TERMINATION
Either party may terminate this Agreement forthwith by notice in writing to the other if:
The other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within 30 calendar days of being given written notice from the other party to do so;
The other party commits a material breach of this Agreement which cannot be remedied under any circumstances;
The other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect;
The other party ceases to carry on its business or substantially the whole of its business; or
The other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
ADDITIONAL SERVICES / TERMS
Payments are accepted in GBP (Great Britain Pounds) and USD (United States Dollars) only unless otherwise agreed.
Clients from all over the world are welcome, any export duties, taxes or country specific regulatory obligations are the responsibility of the Client.
Any estimates or quotations provided by zodiacwebdesigns.com are valid for 30 days only. If you have not agreed to commence work and provided us with any necessary media in order for us to proceed, then a new estimate or quotation may be required.
An invoice for the fees will be presented to the client on completion of the services provided and will be due for payment strictly within 10 days of submission, unless a longer term is otherwise agreed.
Additional features to websites, including extra database services, specific hosting requirements, animations that are not included in the quotation are subject to surcharge.. In the event a feature is required which has not been included in the quotation , we will give notice prior to implementation and ensure that you are in agreement to the additional costs.
Zodiacwebdesigns.com may use a third party organisation's for web site hosting. This is to ensure that the client receives the best possible hosting package at a reasonable cost. Bandwidth allowances are included in hosting, any excess charges relating to the amount of traffic generated by clients websites are fully payable by the client. No guarantees of service can be made by us on behalf of a third party host.
It is hereby agreed between zodiacwebdesigns.com and you, the Client, that in the event that any monies are owed and overdue to zodiacwebdesigns.com, we may at our discretion withdraw our services.
Zodiacwebdesigns.com may remove any material stored upon any computer or server and shall retain such material, and shall not be liable for any loss monetary or otherwise and not be under any obligation to return or provide access to, any and all documents, papers, etc. belonging to the Client until payment is made in full.
Hosting and e-mail accounts must not be used to send bulk unsolicited mail (Spam) under any conditions.
Zodiacwebdesigns.com will not be held responsible for the failure in any of the services provided by a third party to zodiacwebdesigns.com for the Client, this may include but is not restricted to web site hosting, internet promotions, third party multimedia provisions.
All completed websites become the property of the client, subject to all accounts being paid, with the following restrictions on use:
Only one instance of a website can be made available on the World Wide Web or any Intranet's / Extranet's unless a licensing agreement has been reached;
No portion of the coding can be copied / duplicated or redistributed in any form electronic or otherwise unless a licensing agreement has been reached;
Upon request web site files, database structure and content can be provided on a DVD/CD for £10. These files can then be used to install the website on another suitable server of another company subject to their being only one instance of the website being available on the World Wide Web or any Intranet's / Extranet's unless a licensing agreement has been reached.
In the event of a problem with your website zodiacwebdesigns.com will endeavor to solve the discrepancy as quickly as possible. Please email enquiries@zodiacwebdesigns.com and advise any problems that you maybe experiencing.
All data and information stored in an online database remains the property of the client along with any rights associated.
ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of the United Kingdom and the parties hereby submit to the exclusive jurisdiction of the British courts.