Build Me A Website Terms and Conditions

Setup Fee

A setup fee is required before building the customer’s website. An invoice will be emailed directly to the customer and must be paid within three business days. If the customer fails to pay within the provided time frame, Zaytech will cancel their request to build a website. 

Revision Policy

We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount. We may charge for additional designs if you make a change to the original design specification. Our website development phase is flexible and allows certain variations to the original specification. However, any major deviation from the specification will be charged at the rate of $45 per hour.

Project Delays and Client Liability 

Any time frames or estimates that we give are contingent upon your full cooperation along with complete and final content for the work pages. During development, there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process. We will not be responsible if the website remains largely unfinished or is delayed, due to your own inaction, or by not approving design mockups / requesting web design changes on time. After the initial 7 calendar days, if the website is still unfinished, $45/hour would be billed for any further change request.

Website update requests are on a first come first serve basis, and will be executed in that order. We cannot give a guaranteed time of completion on website update requests. Generally, they will be completed within a couple days of formal request, via email or phone call.

Approval of Work

On completion of the work, you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 5 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 5-day review period will be deemed to have been approved. Once approved or considered to be approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the project price will become due.

Refund Policy 

If the original design proposals are accepted or a modification is requested, any deposited funds for a project will not be refunded until completion until Zaytech cancels or terminates the Contract for a reason other than your violation or non-performance.

 

Customers will process refund requests according to the following procedure:

 

The refund offer becomes invalid if you accept or order modifications to the original prototypes, and Zaytech will not consider refund requests.

If you order a refund before the original design concepts are delivered, you will be liable for a full refund.

If you have not taken any action on your order for 60 days after placing it, you will not be eligible for a refund. If you want to reactivate your design order, you’ll have to pay a price that varies depending on the project.

Customers can send refund queries to [email protected] Based on the breach of the user agreement, Zaytech retains the right to accept or disapprove your request on an individual case-by-case basis.

Until the final files have been delivered, no refund requests can be considered.

Zaytech will provide no refunds for the website after being launched and online.

A refund will not be issued because the concept is not constructed according to the brief; however, further revisions will be made before full fulfillment is achieved.

We reserve the right to deny a refund request under certain circumstances.

Production positions necessitate customer input prior to completion, so it’s only fair that the customer participates and gives feedback to achieve optimal outcomes.

 

Copyrights & Trademarks  

You must obtain all necessary permissions and authorities regarding the use of all copy, graphic images, registered company logos, names, trademarks, or any other material that you supply to us to include in your website or web applications. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

Delivery Policy

The complete website will be sent to the customer’s email to be reviewed. The turnaround time will be a minimum of 7-10 business days. The website will only be made live once all dues have been cleared. Under no condition, a website will be made live if there are any outstanding dues. 

 

Transfer Domain Policy

If the customer currently owns a website with their desired domain name and wants to transfer their domain to Zaytech’s newly built website. In that case, they must provide their hosting login information to Zaytech to successfully transfer their domain. Zaytech relies on the customer’s full cooperation in providing the necessary information for the transfer. If there is no communication from the customer after five business days, then Zaytech will cancel the domain transfer and not refund the customer unless there were uncontrollable circumstances. 

Design Ownership & Rights

The customer shall own the Final Design provided by Zaytech in all its entirety.

All ownership rights of the said finalized design will belong to the client 100%.

The customer is free to use the finalized design as they see fit.

The client shall not, however, own any materials, media, or other content generated during any revision cycles leading up to the Final Product.

Content Creation 

Zaytech will not be responsible for creating or populating content (e.g. text/Images) into the website. In which case, you must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include but are not limited to, photographs, written copy, logos, and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we reserve the sole right to extend any previously agreed deadlines by a reasonable amount. Where you fail to supply materials, and that prevents the progress of the work. Zaytech will then populate the website with stock images for clients from stock photo websites. Zaytech will not be responsible in any way shape or form, for any similarities between images used on the site that may or may not resemble other websites. Product images and product details will be provided by the client.

N.D.A. Policy

Zaytech does not share customer information regarding their project or contact details with anyone. The client’s personal and project information is kept confidential at all points.

Customer Support

Zaytech’s Support Team is present in the office Monday – Saturday 8 AM to 5 PM Pacific Time to answer all of your concerns and queries over the phone. All other queries after business hours need to be emailed to [email protected] by the customer and will be picked up the next working day.

Technical Support Policy

Zaytech services will include technical aspects to help the client with their website. Zaytech will provide the client with the basic information regarding their website and the settings required to make their website work. Zaytech will not be responsible for providing detailed training or installations on the customer’s end.

Zaytech is limited in it’s support. We encourage clients to take advantage of our Onboarding process to learn the ins and outs of Smart Online Order and DIVI to allow clients to make their own minor changes. This allows the client not have to wait for Zaytech to make the changes. 

Website Deployment

Zaytech will deploy the website for the customer on a hosting server provided by us.

The hosting service provided by Zaytech is a free service provided to the client as an added feature without any cost. It is acquired from a Third Party Service provider or a hosting server provided by the customer (purchased from a Third Party). In the event the website is hosted on a third-party web server purchased by the customer, Zaytech will not be held responsible for any kind of server or hosting-related issues.  There is no Service Level Agreement (SLA) between the client and Zaytech in terms of technical assistance or service outage unless purchased separately as an ongoing maintenance service.

Communication Policy 

All Feedback requests, Revisions Requests, or any other instructions that pertain to the website need to be done through Zaytech’s Support Team. We are not responsible for any damages, issues, or delays caused due to contacts made through means of communication not provided by us.

Right of Refusal  

Zaytech reserves the right to refuse or terminate service to anyone for any reason not prohibited by law. Also, Zaytech has the right to be free from acts or threats of disruptive behavior, abusive and/or offensive language, including intimidation, harassment, and/or coercion, which involve or affect our operation. Abusive communications in any form (email, phone, in person, etc.) are strictly not tolerated. No refund would be provided in case of abusive communications.

Domain and Hosting

We will supply you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred. Hosting will be maintained by Zaytech for customers’ websites as long as they sustain their billable status and are up to date with their monthly payments. If payment is not paid on time, Zaytech will notify the customer via email or call and the customer will be required to pay the monthly fee within 5 days, or else their hosting will be suspended. 

Backups: 

You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.

Viruses or Other Harmful Components

Before entering data and information into the website, customers are obliged to check the same for viruses or other harmful components and to use state-of-the-art anti-virus programs for this purpose. In addition, the customers shall be responsible for the entry and maintenance of its data.

Consequential Loss 

Zaytech shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

Login Credentials

Customers are obliged to keep the login names and the passwords required for the use of the Services confidential, to keep it in a safe place, and to protect it against unauthorized access by third parties with appropriate precautions, and to instruct your Users to observe copyright regulations.

Disclaimer 

Notwithstanding anything to the contrary contained in this contract, neither Zaytech nor any of its employees or agents, warrant that the functions contained in the website will be uninterrupted or error-free. In no event will Zaytech or employees will be liable to you or any third party for any damages, including, but not limited to, service interruptions caused by the hosting service or any other circumstances beyond our reasonable control, any lost profits, lost savings, or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate the website, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor’s computer or Internet software, even if Zaytech has been advised of the possibility of such damages. Zaytech will not be held responsible in any way for the customer’s failure to execute, install or learn the usage of the above-said services on their end, as the responsibilities for those lie on the customer’s end.

REVISED 06/01.2021

 

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