Information about trademarks, copyrights, methods of payment, service policies and procedures, refunds, cancellations policies, and liabilities.
Definitions:
Client/Customer/Owner; will refer to any one, person, business, group, party/parties, representative, employee or agents/assigns who hire ZinZang Studio, LLC to perform a service or product on their/its behalf.
ZinZang Studio, LLC; will refer to any employee, party/parties, representative, or agents/assigns who perform a service or product on behalf of the above defined client.
These Terms and Conditions of Service are the complete Agreement between ZinZang Studio, LLC and the customer/client. This Agreement supersedes all prior agreements or promises made by ZinZang Studio, LLC’s representatives that differ in any way from these Terms and Conditions.
Any modifications of this Agreement will be posted on this page, and it is the client’s responsibility to check in from time to time to see if it has been updated, amended or modified. ZinZang Studio will not be responsible for any misinterpretation to these rules made by the client.
The Client/Customer agrees that it shall defend, indemnify, save and hold ZinZang Studio, LLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against ZinZang Studio, LLC its agents, customers/clients, officers and employees, that may arise or as a result form any service provided or performed or agreed to be performed or any product or service sold by the Client/Customer, its agents, employees or assigns.
The Client/Customer agrees to defend, indemnify and hold harmless ZinZang Studio, LLC against liabilities arising out of:
(1) Any issue relating to TRADEMARKS, COPYRIGHTS, PATENTS & WARRANTIES infringements from a third-party is not in violation of any international or local regulation. In all cases,the client represents to ZinZang Studio, LLC and unconditionally guarantees that any text, graphics, photos, designs, trademarks, video, audio files or other material submitted to ZinZang Studio, LLC for inclusion in a project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend ZinZang Studio, LLC from any claim or suit arising from the use of such elements submitted by the client.
Copyright of the finished website and/or patents of the finished software are the responsibilities of the client. Upon receipt of final payment of this contract by ZinZang Studio, LLC, the client will be assigned rights to ownership of the website, website design, graphics, software, and any other files associated and/or implied within this project and text contained in the finished assembled website.
However, ZinZang Studio, LLC retains the right to display graphics and other Web design elements as examples of their work in their respective portfolio. ZinZang Studio, LLC will not give access to any password protected or proprietary areas of the site to any client for any reason without permission from the client, unless subpoenaed by court or where it is mandatory to do so by court order.
(2) ZinZang Studio, LLC does not warrant that the functions contained in the service or product purchased by the client will be uninterrupted or error-free due to any untested sections of the product, hardware, internet disruption, cyber attacks on ZinZang Studio LLC’s hosting server, or third-party software issues of any type. The entire risk as to the quality and performance of the website is with the client. In no event will ZinZang Studio, LLC be liable to the client or any third-party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and/or software. At no time will ZinZang Studio, LLC be liable for suitability, merchantability or usability of products and services developed and delivered by the client, nor will ZinZang Studio, LLC be responsible for any injury to person or property caused by any products, services sold or otherwise distributed in connection with ZinZang Studio, LLC. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
ZinZang Studio, LLC reserves the right to suspend or cancel a Client’s/Customer’s access to any or all services provided, by ZinZang Studio, LLC when ZinZang Studio, LLC decides that the account has been inappropriately used or otherwise.
Prohibited Uses include, but are not limited to:
(1) The use of illegal material such as, copyrighted works, commercial audio, video, music files and/or any material not the property of the Client/Customer without consent by the third-party. Any adult material, including all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of ZinZang Studio, LLC. Any “warez” applications, this includes pirated, software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, spamming, etc. and the encryption of any of the above. This will also include any sites which provide “links to” or “how to” obtain information about such material.
(2) Client/Customer accounts are to used by the primary owner only. Personal account holders are not permitted to resell, store or give away web hosting services of their website to other parties. Web Hosting services are defined as allowing a separate, third party to host content on the owner’s web. Exceptions to this include banner ads, classified ads, and personal ads. ZinZang Studio, LLC reserves the right to refuse service and/or access to its servers to anyone.
(3) In the event that inappropriate or illegal content is placed on a site that we built, ZinZang Studio reserves the right to modify the content to make it appropriate, or in extreme cases, we also reserve the right to remove the site completely. At this time, ZinZang Studio will not be liable for any loss of business subject to the interruption in live status of website. Inappropriate content includes expressions of bigotry, racism, hatred, or profanity. ZinZang Studio builds websites for a variety of businesses and services, but only those, which are in compliance with state and federal laws protecting the rights of citizens.
ZinZang Studio, LLC has the following Payment Policy:
Graphic Design & Marketing
- Completed New Client Information Form – Graphic Design
- Signed Client Agreement
- 50% of the estimated total project value (retainer). If a project is valued at $500.00 or less, the full amount will be due at signing.
The final payment will be due when the graphic design has final approval by the client. If there is a fee for printing, it will be due upfront, at the time of initial purchase.
More information regarding our graphic design process.
A 1.5% monthly interest charge for any unpaid balance commencing 30 (thirty) days from the invoiced due date.
Website Design & Development
Once we receive all of the following, work will commence on your site:
- Completed New Client Information Form – Web Design & Development
- Signed Client Agreement
- 100% of all textual content and/or graphic image content provided by client
- 50% of the estimated total project value (retainer). If a project is valued at $500.00 or less, the full amount will be due at signing.
Half of the remaining balance will be due at the midway point of the project. The final payment will be due when the site is launched. You will have 30 days from the launch of the site to request modifications to images and text. After this period, all modifications will be priced as updates and will be billed at the hourly rate.
A 1.5% monthly interest charge for any unpaid balance commencing 30 (thirty) days from the invoiced due date.
More information regarding our web design and development process.
Web Hosting & Domain Registration(s)
Clients who pay annually for Web Hosting (managed or unmanaged) & Domain(s) Registration:
To ensure the continuity of your website/domain name and the associated email addresses, ZinZang Studio, LLC invoices our clients the first day of the month immediately proceeding the expiration date of the web hosting and/or domain registration. This allows for sufficient time for the client to meet their financial obligation, and for ZinZang Studio, LLC to handle the renewal process on the client’s behalf.
Any client who does not pay by the due date on the invoice they receive from ZinZang Studio, LLC will not only be subject to a 1.5% monthly interest charge for any unpaid balance commencing 30 (thirty) days from the invoiced due date, but will also have their website suspended, during which time any emails associated with that domain will not work. The suspension will remain in effect until the required financial obligation has been met by the client. ZinZang Studio, LLC will not be made liable for any loss of business due to the website’s suspension, since the client is ultimately responsible for why the website is suspended.
If your website is suspended due to non-payment, there will be a $90 (ninety dollar) reconnection charge in addition to the balance owed and any applicable late fees. The total balance must be paid in full prior to the restoration of service.
If at any time the client wishes to terminate the ZinZang Studio’s web hosting services, the client is responsible to provide a written request 30 (thirty) days prior to the expiration of their hosting service stating so, and will not incur further fees. However, the client will be responsible for fees for work done up to the point of termination.
Clients who pay month-to-month Web Hosting (managed) & Domain(s) Registration:
At the time of the initial agreement with ZinZang Studio, LLC, two months of hosting will be due.
To ensure the continuity of your website and the associated email addresses, ZinZang Studio, LLC will invoice our clients on the first day of the month for the next month’s web hosting. Your domain name will be re-registered the month that it comes due.
Any client who does not pay by the due date on the invoice they receive from ZinZang Studio, LLC will not only be subject to a 1.5% monthly interest charge for any unpaid balance commencing 30 (thirty) days from the invoiced due date, but will also have their website suspended, during which time any emails associated with that domain will not work. The suspension will remain in effect until the required financial obligation has been met by the client. ZinZang Studio, LLC will not be made liable for any loss of business due to the website’s suspension, since the client is ultimately responsible for why the website is suspended.
If your website is suspended due to non-payment, there will be a $90 (ninety dollar) reconnection charge in addition to the balance owed and any applicable late fees. The total balance must be paid in full prior to the restoration of service.
If at any time the client wishes to terminate the ZinZang Studio’s web hosting services, the client is responsible to provide a written request 30 (thirty) days prior to the expiration of their hosting service stating so, and will not incur further fees. However, the client will be responsible for fees for work done up to the point of termination. Any and all payments are your acknowledgement and acceptance of these policies and its terms and conditions.
Methods of Payment
- Personal/Company Check
- Major Credit/Debit Card via Google Wallet™ (formerly Google Checkout™), Square™, or Paypal™ (Visa™, MasterCard®, American Express®, Discover®) – Credit card payments may be subject to transaction fees.
- Cash
- Money Order
All payments are to be made in USD (U.S. dollars). ZinZang Studio, LLC does not store any financial information with regard to online payments.
ZinZang Studio, LLC is not responsible for fees incurred by a client’s non-sufficient funds, bounced checks, extended credit limits or other banking, interest and financial obligations from your financial institution from the purchase of our services. If your check is returned for non-sufficient funds, you expressly authorize your account to be electronically debited or bank drafted for the amount of the check plus any applicable fees. Any and all payments are your acknowledgement and acceptance of these policies and its terms and conditions.
As of August 16, 2010, ZinZang Studio, LLC reserves the right to charge a late penalty of 1.5% per month to any client on any unpaid balance commencing thirty (30) days from the invoiced due date.
If you would like to make arrangements to pay in some other way, please contact us.
ZinZang Studio, LLC has the following Refund/Cancellation Policy
By proceeding with the Google Wallet™/Paypal™/Square™ process, the client fully understands and accepts the Terms of this Agreement. If at any time the client wishes to terminate ZinZang Studio’s services, the client is responsible to provide a written request stating so and will not incur further fees. However, the client will be responsible for fees for work done up to the point of termination.
Please note that if you wish to cancel your Google Wallet™/Paypal™ order, you will have 15 minutes from the time the order is placed, as per Google Wallet™, Paypal™, and Square™. If you wish to cancel your order after this period, please notify ZinZang Studio, LLC by email or phone within 24 hours of the time of purchase.
No refunds will be given by ZinZang Studio, LLC for any reason relating to Domain Registrations and Web Hosting, or payments made to third party vendors on a client’s behalf.
The Client/Customer agrees to limit the liability of ZinZang Studio, LLC to the amount paid for the product or service rendered. This Agreement shall be interpreted under the laws of the United States of America. Venue for litigation of any dispute under this Agreement shall be in held in the appropriate court in the Commonwealth of Virginia, United States of America.
Updated on January 15, 2017