Terms and Conditions

Definitions:

The Client : The company or individual requesting the services of ZDN Computers.

ZDN Computers: Primary designer/site owner & employees or affiliates.

Updates to the Terms and Conditions

These terms and conditions were last updated or amended on May 3rd 2010. ZDN Computers reserves the right to update and alter these terms at any point.

General:

ZDN Computers will carry out work only where an agreement is provided either by email, telephone, mail or fax. ZDN Computers will carry out work only for clients who are 16 years of age or above. An 'order' is deemed to be a written order or written or verbal contract between ZDN Computers and the client, this can include telephone and email agreements and agreements made using private PM systems or Instant Messaging services.

Website Design / Development:

Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, ZDN Computers 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 ZDN Computers until all outstanding accounts are paid in full.

In situations where a PSD design is provided to us, the customer does, of course, retain all rights and ownership to their design or any supplied code.

Any scripts, php scripts, or other coding, (unless specifically agreed) written by ZDN Computers remain the copyright of ZDN Computers and may only be commercially reproduced or resold with the permission of ZDN Computers.

ZDN Computers also reserves the right to include a “backlink” in the footer of any web design or web development work which is undertaken.  Removal of this backlink is not permitted unless specifically agreed with ZDN Computers.

ZDN Computers 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 chances or alterations made to the project scope after our quotation has been accepted and/or work has begun, may result in an additional charge. In all situations, the client will be notified of this extra charge before the work is carried out / continued.

The client agrees to make available as soon as is reasonably possible to ZDN Computers all materials required to complete the site to the agreed standard and within the set deadline. If there is a delay in providing project materials, we reserve the right to exceed the deadline.

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

ZDN Computers 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.

ZDN Computers 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.

Deposits and Payment

A deposit of 30% is required with any standard project and 50% for database driven projects before any design work will be carried out. This figure may be higher for websites of an adult nature and is non-refundable.  Clients with which ZDN Computers works with on a regular basis may have the deposit waived or reduced, at the discretion of ZDN Computers.

After a deposit is recieved, the work will commence, or in cases where a deposit is waived, work will commence immediatly. Once the work is 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.

Payments that are not recieved within 14 days will be liable to a 10% per week late payment charge.

If accounts are not settled or ZDN Computers have not been contacted regarding the delay within four weeks of project completion, access to the related website may be denied and web pages removed. We will then pass such cases to the Small Claims Court or relevant judicial body for your country, to pursue payment. In some cases, debt collectors may be employed to collect payment. All solicitor/collection fees will be added to the outstanding amount.

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.

 

Database, Application and E-Commerce Development

ZDN Computers 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 ZDN Computers remain the copyright of ZDN Computers and may only be commercially reproduced or resold with the permission of ZDN Computers.

Where applications or sites are developed on servers not recommended by ZDN Computers, 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 ZDN Computers before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, ZDN Computers will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief

Compatibility

ZDN Computers will endeavour 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 7 and Mozilla Firefox 3 - and to an acceptable level with older Mozilla Browsers and other mainstream browsers. ZDN Computers can offer no guarantees of correct function with all browser software.

Website Hosting

Whilst ZDN Computers recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by ZDN Computers 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.

ZDN Computers 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.

Website Optimization

Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you'll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.

We use 'white hat techniques' when optimizing websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimization process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of work.

ZDN Computers reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.

Your Privacy

We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.

Complaints Procedure

Informal procedure
Anyone who experiences a problem with their web service provided by ZDN Computers 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.
ZDN Computers 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 ZDN Computers, 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.