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Terms & Conditions |
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1. Initial Fees Prior to the rendering of any services by Zandergraphics, the Client must provide certain initial fees and deposits to secure compensation for preliminary design services. These fees are non-refundable and are forfeited upon refusal to pay the balance in full or any decision to abandon the project. Although arrangements may be made to continue with the project at a later date, no guarantees are made by Zandergraphics that further charges may not be necessary for continuance of the project. 2. Project Deposit The Client will be required to pay a non-refundable deposit as specified in the project’s Service Agreement (approximately 50% of the project total) plus the amount of hosting, domain registration, or other custom programming fees if applicable. In certain instances, Zandergraphics may choose to waive all or part of these fees as we see fit. 3. Design FeesPayment of all design fees and recurring fees is required in full before the finished project will be delivered to the Client and made available to the public. Failure to pay the balance in full may result in loss of project elements, failure to secure desired web location, or other similar consequences. 4. Annual Fees All recurring fees are due 30 days before the anniversary of the date the domain name was registered. This information will be provided to you by Zandergraphics upon completion of the project. Domain registration fees must be paid 30 days in advance to ensure that the name can be properly renewed and to allow for any complications which may arise in this process. Failure to pay these fees may result in loss of desired domain name and/or loss of hosting space. Recovering a lost domain name can be a very costly process, so it is in your best interest to make sure these fees are paid in a timely manner. 5. Additional Charges Client may authorize Zandergraphics to perform any additional design services necessary above and beyond the scope of the signed contract to ensure the timely completion of the project. This authorization must be specified by marking the appropriate area of the signed contract. If no such designation is made, the Client acknowledges that any services not specifically listed on the project estimate, contract, or invoice that are requested either verbally or in writing after the contract has been set, may accumulate additional costs. Additional charges may include, but are not limited to: photo or text scanning, typesetting fees, and additional pages or other site elements as requested by the Client. If additional services are authorized, Zandergraphics agrees to notify the Client when and what services have been performed as well as the cost. Once completed, Zandergraphics will submit an invoice for all additional services or itemize them in the final project invoice. If prior approval is required by the Client, Zandergraphics will submit an invoice to the Client to be signed and returned before said services will be completed. Failure to return an invoice authorizing additional services may result in possible delay of project completion. 6. Payment of Balance The balance “Due on Completion” as specified on the Service Estimate must be paid in full within ten (10) days after project completion. For this purpose, the project will be considered complete as soon as the elements of the website listed on that specific invoice or estimate contract are “live” on the Internet. On projects over $2,000, an additional payment of half of the due balance may be requested when the work included in the current written project contract has been completed. 7. Payment Methods Zandergraphics accepts payment in the form of cash, check, or credit card. Deposits paid by check may require up to a week for bank approval. Credit card payments are made through PayPal online payment system. 8. Non-Payment Failure to pay the balance in full will result in non-delivery of finished project, possible loss of project elements, and/or rate changes. Zandergraphics assumes no responsibility for projects that are discontinued due to non-payment unless appropriate arrangements have been made in writing. 9. Transfer Fees In the event that you wish to transfer your site to a host other than Zander Graphics, certain Transfer Fees will apply. These fees will cover the costs of the physical transfer of the domain name, which vary depending on the host you wish to transfer to, plus an administrative fee for the handling of the transfer process. All appropriate information will be delivered by Zander Graphics upon completion of the transfer. 10. Content & Uses Sites designed by Zandergraphics may not be used for any illegal or otherwise questionable content. Examples of inappropriate use include but are not limited to: the distribution of pornography, discriminatory material, or any information on illegal activities. 11. Updates/Upgrades/Changes The content or structure of your site may be changed at any time upon your request. Redesign fees may apply for some elements, but previously designed elements may be re-used at no additional charge. 12. Copyrights and Trademarks The Client must own, or have permission from the rightful owner to use, any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Zandergraphics for inclusion in webpages. The Client agrees to indemnify and hold Zandergraphics harmless against any and all claims, costs, and expenses, including attorney's fees, due to materials included in the work at the request of the Client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release. Zandergraphics is legally obligated to discontinue the use of any design elements that are determined to lack the owner’s permission for use. 13. Disputes, Mediation, & Arbitration If a dispute, controversy or claim arises out of or relates to this contract, or breach, termination or invalidity thereof, and if such dispute, controversy or claim cannot be settled and resolved through negotiation, the parties agree first to try in good faith to settle such dispute, controversy or claim through mediation. Any issue or claim not resolved by mediation shall be referred to and finally resolved by arbitration. The mediator and if necessary, the arbitrator, shall be mutually agreed to by the parties and shall be a professional arbitrator or mediator. Support Terms & Conditions 1. All client support requests should be directed to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Support requests sent to any other address will have a support request manually opened for them upon receipt. Creation of a new support ticket manually will incur regular charges as either time deducted from the overall Maintenance Plan time contracted or as a minimum charge of $7.50 for clients without a Maintenance Contract. 2. Support tickets submitted through the ticket system will be addressed in the order they are received with the following exceptions:
For clients without a support contract, requests submitted between 4 pm on Friday and 9 am the following Monday will all be considered as submitted Monday morning. Requests submitted on holidays without a contract will also be considered as submitted the next day. 3. Urgent Support Requests Support Requests marked as URGENT either through the ticket system priority ranking or designated as such in the subject line will be addressed as quickly as possible. However, it should be noted that urgent requests will be billed at 150% of the normal rate. Any request sent two or more times within a 24 hour period will be considered a request for urgent support and will be billed as such. For clients without a support contract, requests submitted between 4 pm on Friday and 9 am the following Monday will all be considered as submitted Monday morning. Requests submitted on holidays without a contract will also be considered as submitted the next day. 4. Limitation of Support without Contract Clients who choose to remain without a Maintenance Plan are choosing to act as their own webmaster and are responsible for requesting any necessary security patches or software updates, as well as any design or programming changes, search engine optimization, or other services. These services can be provided without a contract upon request at the regular non-contract rate. All such requests should be sent to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . In the event that your site suffers an attack or is affected by a virus from a client side computer, clients without a current contract may be required to pay a deposit before the recovery process can begin and recent site backup files may not be available for sites not covered by a Maintenance Plan. 5. Non-payment Clients who do not have current Maintenance Plans may be denied support if they have any seriously delinquent unpaid account balances. This judgement will be made by our Support Department based on account information available to them at the time. Urgent support requests will always be answered unless the account has been suspended or closed. Inquiries regarding restoring the status of a suspended or closed account will always be answered. 6. Core Support Issues Core Support Issues are always covered free of charge to all Zandergraphics clients. Core support issues include frontend and administrative access to a website hosted by Zandergraphics, the ability to access webmail for email accounts associated with sites hosted by Zandergraphics, and other issues that directly prevent or disturb the functioning of services covered under a current hosting contract. Core support provided without charge is limited to services and features to which the client or their webmaster does not have access to. Services accessible through the client cPanel or other administrative panels available to the client may be subject to support fees. 7. Current Hourly Rates With a Current Support Contract: Programming: $90.00 /hr. Without a Current Support Contract: Programming: $120.00 /hr.
Last Updated: 3/2011 |