Branding & Graphic Design from Scotland, Dundee

01382 800 986 hello@zenelements.com

Terms & Conditions

 

Copyrights and Trademarks

zenelements will be identified always as the creator of Designs and Materials, however all copyright and ownership of any Designs and Materials shall be retained by the Client.

Copywriting & File Submissions

Copywriting and/or copyediting are not considered as part of this Contract and are billed in addition to the agreed upon Package the Client is encouraged to write copy and should provide all submissions to zenelements in their final revision, signed off, in “Microsoft Word” format.

All large files, such as photos, graphics or databases should be provided on CD, or through an organised upload to our server, or third party services, for download.

Payment

Prices are exclusive of VAT.

Prices are exclusive of production or supply costs; e.g. print runs, domain names, web hosting, etc., unless stated otherwise.

The Client agrees to pay total costs as described in the Contract, invoiced as per the Payment Terms outlined herein and due to be paid within thirty (30) days from the date of invoice. If payment is not received within thirty (30) days from the date of invoice, The Client will incur an administration and late payment charge of £50.

Payment Schedule

Under our standard Terms & Conditions we request a 30% deposit. A further 30% project payment is scheduled within your project, and the remaining 40% is due, along with any other costs incurred, on completion of the project. We are happy to discuss other payment plans however, if it suits project resources and funding.

Resource Quotas and Scaling

A server that goes over quota will never be closed or suspended. As part of our Managed Hosting and Managed Servers, we will automatically scale your resources, ensuring you are kept online at all times. Any additional costs of resources (Processor / RAM / Storage / Data Transfer) will be included into your next month’s bill.

Cancellation

A 30-day notice is required for cancellation following the end of any minimum term.

Upon cancellation, your website and services will need to be migrated from our servers to your new provider. This is a process your new provider should be able to complete for you, however we will be happy to help, cost depending only on the amount of work required.

The standard cost for packaging up a website for migration for example would be £70.

Rescheduling

You may cancel and reschedule this project and its elements without penalty, subject to mutually agreeable dates. However, we cannot be accountable for the original objectives in the event of more than a ninety-day delay, and all obligations on our part will cease after a six-month delay unless otherwise agreed in writing by both parties.

Association Rights

zenelements agrees to present any and all materials that displays the Client’s name, logos and website to the Client for approval of publishing. Only if the Client approves the request will zenelements be authorized to use the Clients’ name, logos and website for advertising and promotional purposes, online and in printed marketing materials.

As part of our association rights we request permission for credit to be included alongside works, such as ‘design by zenelements’, however this is completely subject to Agreement by the Client.

Data Protection

zenelements agrees to keep all Client data safe and confidential and not made known to anyone other than zenelements and its contractors without prior written permission. Confidential Data includes but is not limited to contact information, billing details, login credentials, unpublished content, etc.

The Client may request to view any and all information held on them at any time to ensure that Data is relevant, correct and up to date.

Data will only be processed under the express instruction of the client and in line with the Data protection act 1998.

Support Agreements

Support Agreements are billed at the daily rate.

Support Agreements are subject to a 3-month minimum term, with a 30-day cancellation policy thereafter.

50% of unused time in a Support Agreement can be carried forward one month.

Support Agreements are billed on the 1st of each month, arranged by invoice or standing order.

Any Additional Time that is required in any one month that goes over your Support Agreement will be subject to our standard rate of £70 per hour.

Additional Time will be monitored and added to your next Support Agreement invoice, or if paying by standing order, invoiced separately.

Support Agreement SLA

Unless a further Service Level Agreement is applied, our standard response time is one working day, with a turnaround time for work of one week, or 5 business days.

We have two additional Service Level Agreements available, with a one-hour response time to enquiries and either a 48 or 24 hour turnaround time for work.

Managed Server

Managed Servers are subject to a 3-month minimum term, with a 30-day cancellation policy thereafter.

Managed Server SLA

Our Managed Servers are supported 24/7, with a Service Level Agreement response time of 30-minutes and 4 hours for fixes, or faster.

Should our SLA not be met, we will credit your account 5% of the monthly fee for each 30 minutes of network or server downtime, up to 100% of your total monthly fee for the affected account(s).

We proactively monitor our Managed Servers, however if you experience any issues with your service, simply get in touch and we will help you
as quickly as we can.

Miscellany

This Agreement constitutes the entire understanding between the parties, the Client and zenelements. Only an instrument in writing signed by both parties can modify the terms of this agreement.