Terms and Conditions

Date: 1st April 2011
ACCEPTANCE OF TERMS
The following Terms and Conditions (“the Conditions”) are the terms on which Zarr provide services and supersedes all other terms and conditions. Zarr shall provide services to the Customer as described and specified in the proposal provided by Zarr to the Customer. The most up to date version of the Conditions can be reviewed by clicking on the Terms and Conditions hyperlink located at the bottom of the Zarr.com website.

These Conditions shall be governed by the laws of England and Wales and the parties hereby submit to the non-exclusive jurisdiction of the Courts of England and Wales. In particular the Birmingham County Court or District Registry shall be the specific court of jurisdiction.

The headings in these Conditions are inserted for convenience of reference only and are not intended to be part of, or to affect the meaning, or interpretation of any of the Conditions.

If any term or provision of these Conditions is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction, such provision shall be severed, and the remainder of the provisions shall continue in full force and effect.

WEB SERVICES
You shall keep secure any identification, password and other confidential information relating to your account. You shall notify Zarr immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.

On reasonable notice to the Customer, Zarr shall take any and all steps it determines to be necessary to maintain the Services, which may include (without limitation) altering or suspending Services during maintenance. Zarr will try to ensure that such maintenance, alterations and suspensions to the Services occur outside of normal business hours.

In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.

Provided that the Customers perform their obligations under these Conditions, Zarr represent and warrant that the Services will be provided with reasonable skill and due care. Zarr does not warrant that the operation of the Services will be uninterrupted, error-free or secure. Zarr’s sole liability for any breach of this warranty shall be to re-perform the affected Services. In the event that Zarr determines that re-performance is not commercially feasible, Zarr may terminate this Agreement and will receive payment for the work to date on a pro-rata basis. What is or is not commercially feasible shall be in the sole discretion of Zarr.

In no event will Zarr be liable for any claim or demands or damages, including without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use or inability to use the Services or any content thereof for any reason. This disclaimer applies, without limitation, to any damages or injury, whether for any breach of contract, tort or otherwise caused; any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmissions; computer virus; file corruption; communication line failure; network or system outage; or theft, destruction, unauthorised access to, alteration of, or use of any record. In no event will Zarr’s liability under these Conditions exceed the Charges for the Services.

HOSTING
The Customer represents and warrants that the following content will not be stored on or linked to Zarr’s servers:

  • Illegal Material – This includes copyrighted works, commercial audio, video, or music files, and any third party material or intellectual property in violation of any governmental regulation and/or without the proper authorisations.
  • Adult Material – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of Zarr.
  • Copyrighted software that is distributed illegally – including pirated software, emulators, hacking, and password cracking. This also includes any sites which provide “links to” or “how to” information about such material.
  • Spamming - i.e. the unsolicited sending of electronic mail messages is also prohibited and the Customer warrants and represents that there will be no practice of spamming in connection with the Services.

The Customer shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.

While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or mis-routing of email or for any other failure of email.

Zarr reserves the right to monitor any hosted website on the Server using manual or automated scripts to IP Addresses or to domain names to ensure system and Server security.

Zarr will not be held responsible for any inaccuracies or errors, delays or unobtainability arising from the site or the host for any reason whatsoever. Any problems with the site must be reported as soon as possible and will be rectified as soon as practical. No responsibility will be accepted as to any losses or problems arising from the site for any reason unless specifically agreed beforehand.

If payment is not received by Zarr for hosting by the due date on the invoice Zarr reserves the right to terminate the hosting. Hosting will only be reinstated on receipt of a £150 +VAT reactivation fee.

For any hosting cancelled by the Customer, Zarr will only reimburse the customer with the remaining hosting period costs after any expenses incurred by Zarr for secure certificates and a £100+VAT administration charge have been deducted.

DOMAIN NAME RESERVATION
Domain names are registered with the most suitable provider at the time. Zarr reserve the right to register and host with the most suitable company. Zarr assume no responsibility whatsoever for any problems arising from these choices, and the site owner must abide by any such terms put forward by the host.

All domain names remain the property of Zarr until the balance on the customer's account has been cleared in full.

WEBSITE DESIGN
A payment of 50% of the initial quote is required as deposit on any commission, prior to beginning work. Deposits are non refundable. The remaining payment is payable on completion.

The remaining payment must be paid on time, in accordance with the invoice date. Failure to pay on time will result in interest being added to the amount owed, [at a simple rate of 8% per annum] with such interest accruing at a daily rate. The website design, remains the property of Zarr until the balance on the customers account has been cleared in full.

If a job extends for longer than the estimated times or develops in a way which increases costs or times scales, then staggered payments may be implemented until completion.

In the case of funded projects Zarr must be notified that the project is being funded and be informed as to how the payment schedule should be arranged to adhere to the funding requirements.

If after beginning work on an agreed quotation the user-requirements change, then these will be deemed new requirements and quoted for accordingly. Quotations provided will specify future development costs and ongoing costs, so that you can plan for future growth of the website.

Websites provided on a 'design only' basis are the property and responsibility of the client following publication and payment, unless otherwise specified.

If an organisation ceases to trade after work has commenced, any outstanding balance must still be paid.

Any errors or omissions on the Customer's part are not Zarr's responsibility and therefore Zarr cannot be held in any way accountable. Zarr work with the images and copy supplied by the client and does not edit this content.

All work carried out and company requirements remain subject to client confidentiality.

The site design will be deemed to be complete when you agree to publication. The site will be published subject to payment as agreed in the contract, whether written or verbal.

On receipt of full payment, Zarr will assign design rights and copyright to the customer for the website design and logo(s). Zarr will not assign the Intellectual Property rights to the customer for the Online Payment mechanism, Administration area or Content Management software. However, whilst the website is hosted with Zarr, Zarr will license the customer to use this software.

Zarr reserve the right to promote websites developed by Zarr as part of their portfolio and their promotional activities.

Zarr reserve the right to alter these terms without notice, and whilst every effort is made to be accurate and up to date, errors and omissions are excluded.

PUBLIC RELATIONS
Zarr will also advise and implement a Public Relations service to the Customer if the Customer so wishes. In the event that such a service is to be supplied, the provision of the same will be subject to separate Terms and Conditions. These Terms and Conditions will be supplied to the Customer in the event that it wishes to employ the services of Zarr for this purpose.

WEBSITE COPY
Zarr does not prepare copy for websites. If the services of a copy writer are required for the site Zarr would recommend that the client employs the services of a professional copywriter with experience of writing for websites.

SEARCH ENGINE PLACEMENT
A search engine placement service is not included in the web site design costs and where appropriate is detailed separately with the relevant costs in the customer proposal.

CUSTOMER WARRANTY
The Customer shall indemnify, defend, save and hold Zarr harmless from any and all liabilities, including legal fees and costs arising out of third party claims against Zarr arising from or in any manner connected with the Customer’s use or misuse of the Services in any manner not specifically authorised by Zarr.

TERMINATION PROVISIONS
Zarr reserve the right to suspend or terminate all or part of the Services with immediate effect and without notice, where there has been a breach by the Customer of these Terms and Conditions or failure to pay charges outstanding. Either party may terminate the Services with or without cause on giving 30 days written notice to the other. Termination of this agreement will be without prejudice to any accrued rights of either party.

COMMENCING WORK ON NEW PROJECTS
For Zarr to start work on the development of the web solution outlined in the proposal please sign and date the printed contract you receive in the post to show your agreement to the Terms and Conditions.

ACCEPTANCE OF THESE TERMS AND CONDITIONS
IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE TERMS AND CONDITIONS BEFORE PAYING ANY INVOICES. RECEIPT OF ANY PAYMENT, OR PAYMENT OF ANY INVOICES WILL BE DEEMED TO BE ACCEPTANCE OF THE TERMS AND CONDITIONS AND THAT YOU WISH TO BE BOUND BY THE TERMS AND CONDITIONS. IF THERE ARE ANY TERMS THAT YOU DO NOT UNDERSTAND OR DO NOT WISH TO AGREE CONTACT ZARR.