- The Client : The company or individual requesting the services of ZIPROF Technologies.
- ZIPROF Technologies: Primary designer/site owner & employees or affiliates.
- Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, ZIPROF Technologies cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
- The website, graphics and any programming code remain the property of ZIPROF Technologies until all outstanding accounts are paid in full.
- Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by ZIPROF Technologies remain the copyright of ZIPROF Technologies and may only be commercially reproduced or resold with the permission of ZIPROF Technologies.
- ZIPROF Technologies cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve 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 ZIPROF Technologies and where no charge is made by ZIPROF Technologies for such additions, ZIPROF Technologies accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
- The client agrees to make available as soon as is reasonably possible to ZIPROF Technologies all materials required to complete the site to the agreed standard and within the set deadline.
- ZIPROF Technologies will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
- ZIPROF Technologies will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
- ZIPROF Technologies 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.
- ZIPROF Technologies will not be liable 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 agents.
- Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
Database, Application and E-Commerce Development
- ZIPROF Technologies 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 problem free and 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 ZIPROF Technologies remain the copyright of ZIPROF Technologies and may only be commercially reproduced or resold with the permission of ZIPROF Technologies.
- Where applications or sites are developed on servers not recommended by ZIPROF Technologies, 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 the 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 ZIPROF Technologies before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, ZIPROF Technologies will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
ZIPROF Technologies will endeavour to ensure that any developed/designed site or application will
function correctly on the server it is initially installed in and that it will function correctly
when viewed with current versions of Internet Explorer, Firefox, Safari and Chrome and to a functional
level where possible with older versions. ZIPROF Technologies can offer no guarantees of
correct function with all browser 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 ZIPROF Technologies. In the event of problems, it falls to the Client to ensure that their computer systems are capable of displaying and working with hosting, email and websites.
Payment of Accounts
A deposit of 50% is required with any project before any design work will be carried out. All
deposits are non-refundable. In all cases, website hosting fees and any costs incurred by ZIPROF
Technologies on behalf of the client are payable in advance and are non-refundable.
It is the ZIPROF Technologies policy that any outstanding accounts for work carried out by ZIPROF Technologies or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with ZIPROF Technologies. If accounts are not settled or ZIPROF Technologies have 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.
ZIPROF Technologies reserve the right to request full payment before the release of files, design, domain names or hosting services.
Warranty and Support
We stand behind our work!!
ZIPROF Technologies is so confident that you will be happy with your website that we offer a free one year website warranty. This means that you are covered for 6 months from the date that your project goes live. Our first objective is to ensure that your website operates correctly and effectively, in as far as your needs were clearly communicated to our development team. Starting from the first date that the website (or new feature) is first made available to the public, the work is covered under the ZIPROF Technologies warranty for one full year. This warranty provides assurance that the website software and content will meet all functionality requirements communicated to our team. This warranty covers any bugs (programming errors) or content errors reported to ZIPROF Technologies within the one year. Any such bugs reported within the time period will be fixed at no additional charge.
Items covered by this warranty are:
- Assurance that pages of your website display properly in current versions of desktop web browser software at the time that the site becomes accessible by the public, unless the problem results from changes to the default configuration of the web browser settings, or lack of common browser plugins.
- Assurance that the website programming will work as requested. Specifically, we will promptly address bugs or programming errors at no charge.
- Assurance that all content errors: spelling or otherwise will be quickly corrected unless such errors existed in copy provided to us or were entered by the customer.
Issues not covered by this warranty include
- Problems that occur due to use of the website in unintended ways, or are the result of customer action or inaction,
- lack of functionality not clearly communicated to our staff before the site became publicly accessible,
- and work that results from issues not within our direct control, such as errors in or updates to third - party software or website hosting, changes that are driven by changes in third party services or changes to links that have moved
Passing of Rights
Once all amounts due to us from you are paid and cleared you are assigned the rights to use, as applicable, the products and services, including, the web site which includes the text, graphics, animation, audio components and digital components contained within the finished web site, in accordance with these terms and conditions, the Project Agreement and any applicable agreement, terms or licence but no rights of ownership are conveyed unless specifically stated in the Project Contract.
No such rights as described in above will pass until all amounts due to us from you are paid. This means that we will have a lien over any service, products, data or information. If you have not paid the invoice in full within 2 months from the date of the invoice you agree that you will forfeit your rights.
The rights to photographs, graphics and any third party items such as source code, always remain the property of their respective owners.
Unless you have our specific written agreement in the Project Contract, all products, including Content Management Systems, interfaces, navigational devices, menus, menu structures or arrangements, icons, help, all operational instructions, scripts, cgi applications, software, programming/source code, and all other components of any source or object computer code that comprises the Website, all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content and design elements used or developed and all software, and our products and results of our services remain our property and we retain full ownership rights and all intellectual property rights. You specifically agree not do anything that may in any way infringe upon or undermine our rights, title, or interest in the Website or our products and services. This includes, but is not limited to, any sale, transfer or gift of the whole or of any part of any item, data or anything whatsoever that we own. You fully understand that we may reproduce, reuse, develop and use in any other way we choose, anything within our ownership
Anyone who experiences a problem with their web service provided by ZIPROF Technologies should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
ZIPROF Technologies will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
- A formal complaint should be made in writing to ZIPROF Technologies, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
- An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. No waiver of any rights ZIPROF has under this Agreement shall be deemed from any failure by ZIPROF to enforce any part of this Agreement.
The signatory to this Agreement warrants that he/she has the authority to commit the Customer to this Agreement and further confirms that this Agreement is made between two businesses. If any of the Customer’s payments are made by a credit card which is not in the name of the Customer then the Customer warrants that it has authorized payment to be made in this way and it is for the Customer to reimburse the card holder for any payment made on its behalf.
This Agreement and Terms shall be governed by and subject to the laws of Kenya without regard to its rules concerning conflicts of law. The parties hereto irrevocably consent that all disputes which may arise out of or in connection with this Agreement or the Terms shall be subject to the exclusive jurisdiction of the courts of Kenya.