TERMS OF SERVICE
Terms Of Service / Acceptable Usage Policy
1. Payments, Invoices, Late Payment Fees, Suspension
All invoice terms are strictly 7 days. Recurring invoices (for hosting etc) are to be paid by the due date. At 14 days overdue your account may be suspended until payment is made. New websites, hosting, domain name registration or any other new services must be paid in full in advance before the service is activated.
We will not activate any new account that is not paid in advance. If you are having difficulty paying any invoice please contact us. Please keep your account records up to date. If email addresses are not kept up to date by the client then Z Web Design is not responsible for expired domains or suspended accounts due to non payment of invoices.
2. Content and copyrighted material
All services provided by Z Web Design may be used for lawful purposes only. This includes, but is not limited to: copyrighted material (Includes website artwork, logos etc), material we judge to be threatening or obscene, pornography or material protected by trade secret and other statute.
Examples of unacceptable content or links: Pirated Software, Wares sites, IRC Bots, Hate Sites, Hack Programs and archives.
3. Unauthorized use of other people’s accounts or computers
Any unauthorized use of other people’s accounts by a Z Web Design customer, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Z Web Design will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password robbery etc.
4. Account Holder Identification Information
You agree to supply Z Web Design with a current and truthful name, postal address, email address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you may supply to us or our payment partner(s), and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use. Z Web Design reserves the right to refuse service to anyone without notice or reason.
5. Price Change
Z Web Design reserves the right to change the price of any services at any time.
6. Customer/Technical Support
Please contact technical support through the Z Web Design website and support will be given as quickly as possible.
7. Back-up and Restore
It is essential that you to generate a backup of your website and any databases. We do not keep backups of your files. It is your responsibility to maintain recent backups should there be any corrupt files or problems. Backups should be stored off server.
8. Bandwidth/Disk Space Usage
Bandwidth is unmonitored. All plans have a set allotment of disk space available for use. Extra disk space is available if required at $5.00 per 1GB per month.
9. Abuse Of Traffic And Storage
Our web accounts have finite storage limits. Our intent is to provide space to serve websites, not an offsite storage area for electronic files. Unless specifically contracted, customers are not allowed to have large archives of files on our servers or files which would be downloaded freely by others, i.e. video and video streaming, mp3 files, shareware archives, pictures etc. Usage as a back-up system for your computer is also not allowable. Backups of your website should be stored off server. Files on our servers should be used for your website only, our servers are not a storage area. If in doubt please send us an email.
10. Resource Usage & Viruses
CGI or PHP scripts utilizing a significant percentage of a server’s system resources may, at Z Web Design’s discretion, be terminated and/or prevented from running. It is the subscriber’s responsibility to ensure their processes use a minimum of server resources.
Database resources, such as MySQL and MSSQL, are closely monitored. Overuse of database resources, including but not limited to excessive or mismanaged connections, long queries and missing or inappropriate indexing, may result in the database queries being terminated and/or the correlating script being stopped.
Scheduled processes (such as cron jobs) can significantly drain server and network resources. Z Web Design reserves the right to stop any scheduled process from running or reduce the frequency of operation should it be found to be using more than a reasonable share of a server’s resources.
Any account found to be in violation of this policy or containing Viruses/Trojans etc may be suspended immediately (you also will be notified as early as possible) until the issue is resolved in order to keep our server secure and functioning correctly.
Spamming and mail bombing is strictly prohibited. Any customer who uses his email for spamming will have his account terminated immediately. All fees and pre-paid services will not be refunded.
You must comply with current laws and regulations applicable to bulk or commercial email.
Your intended recipients must have given their consent to receive email from you via some affirmative means, such as an opt-in procedure.
All emails sent to recipients must have an opt out option.
This is law and is taken very seriously by Z Web Design.
Your procedures for seeking consent include reasonable means to ensure that the person giving consent is the owner of the email address for which consent is given. Z Web Design may test and otherwise monitor your compliance with its requirements and may block the transmission of email that violates these provisions. When sending email, especially bulk email, help to avoid receiver irritation and excessive mail server load by: Not attaching large files. Breaking up bulk email by sending in blocks of no more than 100 emails at any one time. A maximum of 200 emails per hour per domain is allowed.
Do NOT use our server for sending very large mailouts over 200 recipients.
If you need to send larger lists you must use a third party professional company such as Mailchimp etc.
More information can be found here, in particular read the steps, Consent, Identify and Unsubscribe.
12. Websites, Shopping Carts, Maintenance Plans and Domain Name Registration
a) Websites or CMS Websites:
Full payment is required before commencement.
Extra charges may apply for Websites larger than 20 pages or websites that entail more involved design and coding than usual. You will always be notified in advance. Artwork is included with your website but additional charges will apply if we need to design a business logo for you. Please inquire for more detail.
It is extremely important that correspondence email from Z Web Design to the client be replied to as soon as possible to keep the project on schedule. A reasonable email reply time is appreciated. Please note that long delays by a customer in completing a website may result in extra charges. If we have to stop and start your project over many months then additional costs will apply. Websites should be completed within 30 days.
Websites are compatible with IE 7 browsers or later and Firefox 3.0 browsers or later. Z Web Design is not responsible for rendering issues which may occur in very old browsers such as IE 6.
b) Shopping Carts and Database Backends:
Full payment is required before commencement.
Z Web Design is not responsible for errors which may occur to Shopping Carts from add-ons, scripts or modifications. Additional charges may apply for customization or extra modules. Shopping Carts should be completed with 30 days. Complete payment will be due after 30 days. Websites are compatible with IE 7 browsers or later and Firefox 3.0 browsers or later. Z Web Design is not responsible for rendering issues which may occur in very old browsers such as IE 6.
c) Domain Name Registration:
Z Web Design must have notification via email if you wish to cancel your registration or to transfer to another Registrar. Notification must be sent to Z Web Design at least 3 weeks before expiry date.
d) VIP Maintenance Plan:
In summary this is what you get:
- We keep your website or shopping cart running smoothly
- All minor changes included
- At least 30% off any major changes or upgrades
- VIP Support – Fastest support reply time possible
* There is a limit of 6 new products or changes done per month. (Note that product upload details must be complete. If details for the same product are sent in stages then a fee may occur for each update. It is best practice to give all details in the one email.) Software upgrades to Shopping Carts are available for a small once off fee. Excludes redesigning the website or shopping cart, new modules etc. Major structural changes to your website or shopping cart are entitled to a 30% discount (or more) if you are a VIP Maintenance Plan holder. Please note that any unused alters do not accumulate if not used for each month.
13. Billing information updates
Customers are responsible to update their information. E.g.: billing info, address changes, credit card changes, etc. If email addresses are not kept up to date by the client then Z Web design is not responsible for expired domains or suspended accounts due to non payment of invoices.
14. Cancellation and Refunds
If for any reason you are not satisfied with Z Web Design service, you may cancel your account at anytime by emailing us. There is no reimbursement or pro rata refund if the customer decides to terminate the services before the end of a prepaid term, regardless of the reason for the termination. Deposits for websites or other services are also non refundable.
15. Waiving the Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
The customer agrees that the customer shall not hold Z Web Design liable to the customer for any claims, liabilities, losses, costs, damages, expenses, including solicitor fees and court costs that arise from any judgments directly or are indirectly created by the services of Z Web Design.
17. Limited Liability
Z Web Design shall not be liable under any circumstances for any damages the customer’s businesses may suffer for any reason including but not limited to internet connection outages, even if Z Web Design has been advised of the possibility of such damages.
18. Policy change
Z Web Design reserves the right to make changes to our Acceptable Usage Policy at any time without any notification. Changes to our Acceptable Usage Policy take effect immediately upon being posted on our website.
19. Entire Agreement
This Agreement supersedes all prior and current, oral or written understandings and agreements between Z Web Design and the customer involved. Any prior statements that are not written in this agreement, even if they are promised orally or written are deemed void. Customers hereby acknowledge and will abide by all the rules set forth in this agreement.