Updated March 31, 2023
By placing an order with Zegaware, you confirm that you are in agreement with and bound by the terms and conditions below.
Client/Customer : The company or individual requesting the services of Zegaware. Zegaware: The partners, their employees or appointed agents. Brief: Project requirements and details given in writing by the Client.
Zegaware will carry out work only where a written purchase order is provided either by mail or fax. Zegaware will carry out work only for Clients who are 18 years of age or above. Whilst every endeavour will be made to ensure that the website and any scripts or programs produced are free of errors, Zegaware cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. The web server, website, graphics and any programming code remain the property of Zegaware until all outstanding accounts are paid in full. Zegaware reserve the right to delay the publishing or provision of any design, files, hosting or service until accounts are paid in full. Any scripts, cgi applications or software (unless specifically agreed) written by Zegaware remain the copyright of Zegaware and may only be commercially reproduced or resold with the permission of Zegaware. Zegaware cannot take responsibility for any copyright infringements caused by materials submitted by the Client. Zegaware reserves the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. Any additions to the Brief will be carried out at the discretion of Zegaware and where no charge is made by Zegaware for such additions, Zegaware accepts no responsibility to ensure such additions are error free and reserves the right to charge an according amount for any correction to these or further additions. If a project requires any material or input from the Client, it is Client’s responsibility to provide that in order to complete the project to the agreed standard and within the set deadline.
Zegaware 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 bug-free and the shown or used information is accurate, the ultimate responsibility lies with the Client in ensuring that all software is functioning correctly before use. Any scripts, cgi applications or software (unless specifically agreed) written by Zegaware remain the copyright of Zegaware and may only be commercially reproduced or resold with the permission of Zegaware. Where applications or sites are developed on servers not provided by Zegaware, 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 Client’s 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 Zegaware before publishing or using it in a production environment. Where “bugs”, errors or other issues are found after the site is live and signed off by the Client, Zegaware will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the Brief and advise of any additional costs in order to achieve this.
Zegaware will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed on and that it will function correctly when viewed with current versions of popular web browsers: Firefox, Chrome, Safari and Internet Explorer, and to a functional level, where possible, with older versions . Zegaware can offer no guarantees of correct function with all web browsers or other browsing software. Sites will be tested during development on up to date versions of both PC/Windows and Mac OS browsers. Sometimes Clients may have non-standard software installed on their computer (including but not limited to browser plugins, spam filters, popup or advert blockers, virus or trojan software, firewalls), non-standard settings or hardware issues which are beyond the control of Zegaware. In the event of problems, it falls to the Client to ensure that their computer systems meet the requirements to run our products and services.
Whilst Zegaware offers hosting of websites, no guarantees can be made as to the availability or interruption of this service. Zegaware cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service. Zegaware reserves 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. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, we will with immediate effect, cancel said service and any data held by said service will be removed. If a cancelled service is to be reinstated at the Client’s request, a setup fee will be payable before any such reinstatement and any data lost as a result of the cancellation will not necessarily be restored.
A deposit may be required from a new Client before any work is carried out. All deposits are non-refundable. In all cases, website hosting fees and any costs incurred by Zegaware on behalf of the Client are payable in advance and are non-refundable. It is Zegaware’s policy that any outstanding accounts for work carried out by Zegaware or its affiliates are required to be paid in full, no later than 7 days from the date of the invoice unless by prior arrangement with Zegaware. If accounts are not settled or Zegaware has not been contacted regarding the delay, access to the related website may be denied. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, we will with immediate effect, cancel said service and any data held by said service will be removed. If a cancelled service is to be reinstated at the Client’s request, a setup fee will be payable before any such reinstatement and any data lost as a result of the cancellation will not necessarily be restored. Zegaware reserves the right to request full payment before the release of project files, design, domain names or the hosting service.
Promotional prices for the one-off purchase products/features are based on that product/feature having built around a general set of requirements. If the customer have specific requirements for a given product/feature on promotion then the price may increase based on the custom work carried out for the customer. Promotional prices for subscription-bases service are for a limited period and will apply for first three months of the subscription from the time of purchase. After this promotional period has passed, the price per month/year will go back to the normal price unless Zegaware decides to extend this promotion further to limited number of days.
Development work is not covered in the maintenance and support subscriptions. Although rare, it is possible that a particular plugin or theme may not perform as expected after an update, or may affect the functionality of another component on the website. In such a case, Zegaware will utilise its specialised troubleshooting procedures to rectify the issue. However, if the posed problem cannot be resolved following the standard procedures and requires any development work to apply the fixes, the client will be advised on the scope of the required work. For further details on our terms and conditions for the maintenance and support contract, please refer to your service contract.
Zegaware may use Client’s name or mark and identify Client as a customer of Provider, on Provider’s website and/or marketing materials. Provider may issue a press release, containing Client’s name, related to any award under this Agreement. Neither party will use the other party’s name or marks, refer to or identify the other party for any other reason, except as established in this section, without such other party’s written approval. Any approval required under this Section shall not be unreasonably withheld or delayed by either party.