Terms and Conditions

  • By placing an order with Zegaware, you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions

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.

General

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 will not be liable for costs incurred, compensation or loss of earnings due to a failure in meeting agreed deadlines.

Zegaware will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the Client or any of the Clients appointed agents.

Zegaware will not be responsible for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its partners or agents.

Database, Application and E-Commerce Development

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.

Compatibility

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.

Website Hosting

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.

Payments

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 15 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 hosting services.

Promotional Offers

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.

Website Maintenance and Support

Development work is not covered in the maintenance and support subscriptions. Although rare, but 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 use 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, Client will be advised on the scope of the required work and a separate invoice will be issued for the development work.

If Client has a third party work on the website, which leads to any functionality being broken, that will not be covered by the Zegaware maintenance contract.

As noted on the relevant care plans, Zegaware’s service level agreement (SLA) is different for all maintenance and support plans. For Business Critical care plan, the response time is 4 hours but Zegaware engineers will respond to the queries as soon as possible and within the 4 hours. 

Clients are expected to raise any tickets via the system and procedure advised by Zegaware. Any maintenance and support requests submitted through other means will not be addressed within the expected SLA and may even go unnoticed. Therefore, customers are strongly advised to use the procedures and systems as advised by Zegaware for raising any tickets.

First payment will be taken on the day Client has subscribed to any of Zegaware care plans. Any subsequent payments will be taken automatically on monthly basis and on the date the subscription started. Client will be notified of any missed payments and it is Client’s responsibility to ensure they have sufficient funds in their bank account and that all arrangements are in place for the payments to go ahead. If any missed payments are not received within a week after the due date, Zegaware reserves the right to cancel the maintenance service subscription.