zen.

Terms

The small print.

zen. is the trading name of Zen Elements Limited, a company proudly registered in Scotland, with the company number SC345593!

The zen.HQ registered address is 15/16 Springfield, Dundee, DD1 4JE.

Our Agreements shall be governed by and interpreted in accordance with Scots Law.

Association Rights

zen. 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 zen. be authorised 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 zen.’, however, this is completely subject to approval by the Client.

Copyrights and Trademarks

zen. will always be identified as the creator of designs and materials. However, all copyright and ownership of any designs and materials shall be retained by the Client, on receipt of full payment.

Intellectual Property

zen. hereby assigns to the Client, with full title guarantee, and without restriction, all right, title and interest in and to all existing and future intellectual property rights subsisting in or relating to any of the content, work or output provided to the Client under our Agreement.

Professional Indemnity

zen. shall indemnify the Client against all liabilities, costs, expenses, damages and losses suffered or incurred by the Client arising out of, or in connection with, any claim made against the Client for actual or alleged infringement of a third party’s intellectual property rights arising out of, or in connection with the content, work or output provided by zen. under our Agreement.

Payment

Prices are exclusive of VAT, unless stated otherwise.

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, or Agreement, 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 £70.

Payment Schedule

Under our standard terms 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.

Rescheduling

You may reschedule a 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.

Cancellation

A 28-day notice is required for cancellation of any and all services at zen., 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. The standard cost for packaging a website for migration, for example, is £100.

Copywriting and File Submissions

Copywriting and/or copyediting are not considered as part of work unless otherwise included in you Contract, and will be quoted for and billed in addition to your project. The Client is encouraged to write copy and should provide all submissions to zen. in their final revision, signed off, in an editable electronic format, such as Microsoft Word. 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.

Managed Web Server

Managed Servers are subject to a 3-month minimum term, with a 28-day cancellation policy thereafter.

Managed Web Server SLA

Our Managed Web 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 Servers, however if you do experience any issues with your service, simply get in touch and we will help you as quickly as we can.

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.

Support Agreements

Support Agreements are billed at our supportive (and reduced) daily rate, at an agreed number of days per month, subject to a one-day minimum.

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

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

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

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

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 five 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.

Data Protection

zen. agrees to keep all Client data safe and confidential and not made known to anyone other than zen. 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.

Miscellany

Our Agreements constitute the entire understanding between the parties, the Client and zen. Only an instrument in writing signed by both parties can modify the terms of this Agreement.