1. The Client MUST own copyright, or have reproduction rights, of all artwork, trade names, photographs, and other materials reproduced in The Client's project. The Client shall indemnify ZorbaDesign against any costs whatsoever in connection with the ownership of copyright or reproduction rights. The Client shall have full liability for the consequences of the contents of the printed literature, website or other project commissioned.
2. The Client's logos, artwork, graphics and photographs remain the copyright of The Client. Design, graphics and programming produced by ZorbaDesign remain the intellectual property of ZorbaDesign. Copyright to the finished assembled work of webpages produced by ZorbaDesign is owned by ZorbaDesign. Upon the final payment, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. ZorbaDesign retain the right to display graphics and other Web design elements as examples of their work in their respective portfolio.
3. All preliminary work carried out at The Client's request, whether experimentally or otherwise, shall be charged to The Client.
4. ZorbaDesign withholds the right to refuse publication of any content which it sees as being indecent, obscene or offensive towards others.
5. Proofs of all printed work may be submitted for The Client's approval and ZorbaDesign shall not be liable for errors not corrected by The Client in such proofs. The Client's alterations and additional proofs necessitated thereby shall be charged as additional charges. When style, type or layout is left to the judgement of ZorbaDesign, changes therefrom made by The Client shall be charged as additional charges. No responsibility will be accepted for any errors, including colour variations, in proofs approved by The Client.
1. ZorbaDesign will produce and publish temporarily on the ZorbaDesign web site a design proof for The Client's approval. The design copyright of the proof shall remain the sole property of ZorbaDesign. Use of the design in any respect without the express written permission of ZorbaDesign will constitute breach of copyright.
2. ZorbaDesign will complete the design and build of The Client's web site after receiving confirmation that the design proof is satisfactory.
3. Once ZorbaDesign has received confirmation that the design proof is satisfactory, modifications to the design specification will be considered an amendment to the contract. All modifications must be confirmed in writing.
4. Our consultancy service and general advice is, by its nature, subjective. It is up to The Client whether they decide to follow our ideas and suggestions. We cannot guarantee that any of those ideas and suggestions will increase traffic to The Client's web site, improve ratings with search engines or boost sales.
1. ZorbaDesign will register domain names in The Client's name. In doing this, ZorbaDesign are acting as The Client's agent with the appropriate Naming Authority. The contract of registration is between The Client and them and The Client is bound by their terms and conditions.
2. Registration is for one year unless otherwise agreed. Although we will do our best to renew the registration for you, it is ultimately your responsibility to make sure this happens so please keep a note of the date.
3. ZorbaDesign will advise The Client on the most appropriate and cost-effective web site hosting package supplied by a third party. The website hosting contract is between The Client and the hosting company and The Client is bound by their terms and conditions (available on request).
4. The Client takes all risks in connection with the solvency and performance of such third parties and The Client accepts that the third party has sole liability to provide such services.
The Client shall be responsible for effecting all necessary insurance in respect of any loss, damage, or expense that it may suffer directly or indirectly in relation to the provision or non-provision of ZorbaDesign' goods and services.
ZorbaDesign shall not be liable for any delay or failure to perform any of its contractual obligations as a result of war, flood, storm, riot, fire, accident, civil commotion, acts of god, government action, failure of power supply, equipment failure, lock out, strike, default or failure of subcontractor or suppliers or any other cause beyond its reasonable control and ZorbaDesign shall not be liable for any loss, damage or expense suffered by The Client or any third party arising directly or indirectly from any such matters.
1. Payment for design services must (unless otherwise agreed with ZorbaDesign) be made as follows: 30% (or an agreed deposit) with order, plus balance on completion. Design modifications will be charged at the prevailing hourly rate dependant on type of service required.
2. Payment shall be made in US Dollars to ZorbaDesign. Payments are due within 14 days of presentation of invoice. If due to bank charges, transfer fees, or the like, ZorbaDesign should receive less than its invoice amount, ZorbaDesign will re-invoice The Client for the shortfall. In the event that any amount remains unpaid 14 days after invoice date, ZorbaDesign reserves the right to discontinue, withhold, or suspend services to The Client to whom such unpaid amounts relate.
3. Tenders and Quotes are valid for 60 days from the date of the Tender or Quote. All prices quoted may be subject to change without notice after this period.
4. Once ZorbaDesign has undertaken a commission for services, a cancellation fee of upto 75% will apply if the contract is terminated through no fault of ZorbaDesign. An interim invoice will also be levied for upto 75% of the total quotation value if the commissioned project's content is not received within 60 days of commission.
1. ZorbaDesign cannot be held liable for any information contained within The Client's web site or printed literature. The content of such remains the copyright and intellectual property of The Client. The Client is liable for any reasonable legal costs incurred by ZorbaDesign caused by the content of The Client's web site or other project and agrees to indemnify ZorbaDesign for any awards made by a court of law.
2. Search Engine entry and ranking can in no way be guaranteed as this remains the sole discretion of a third party search engine provider.
3. No liability will be accepted for compatibility issues with code or any errors, omissions or failings of software code produced.
4. Where in the instance that a time scale / schedule has been given, ZorbaDesign will not be responsible for any money lost to The Client if the deadline is not met.
5. On completion of any web site it is the sole responsibility of The Client to manage the site. ZorbaDesign will no longer be responsible for the site upon completion unless an alternative agreement has been reached.
6. Should ZorbaDesign waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit ZorbaDesign to waive the same clause on any other occasion.
7. ZorbaDesign reserves the right to amend these terms and conditions at any time.