Terms of Service
Welcome to Zapp Sites! These terms and conditions outline the rules and regulations for using our website design services. By signing up for or using our services, you agree to comply with these terms.
Definitions and Interpretation
In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
| Agreement | means the agreement which comes into existence between us under the following terms and conditions; |
| Brand Guidelines | means the Client’s brand guidelines communicated to Zapp, in writing, by the Client; |
| Business Day | means any day (other than Saturday or Sunday) on which ordinary banks are open for their full range of normal business in London; |
| Business Hours | means the business hours of Zapp which will be 9:00 am to 5:00 pm Monday to Friday; |
| Client Materials | means any and all content supplied by the Client to Zapp from time to time as it requires in order to supply the Services; |
| Confidential Information | means, in relation to either Party, information which is disclosed to that Party by the other Party pursuant to or in connection with this Agreement or otherwise (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked or may be interpreted as such) and includes (but not by way of limitation) all and any reports produced by Zapp; |
| Deliverables | means the deliverables which are to be supplied by Zapp to the Client as part of the Services and outlined on the Site; |
| Fees | means the fees payable by the Client to Zapp in accordance with the rates set out on the Site; |
| Graphic Design | means graphic design work undertaken by Zapp as a Service; |
| Hosting Services | means the hosting services purchased by the Client using the Site, and as defined on the Site; |
| Intellectual Property Rights |
means: (a) any and all rights in any patents, trade marks, service marks, registered designs, applications (and rights to apply for any of those rights) trade, business and company names, internet domain names and email addresses, unregistered trade marks and service marks, copyrights, database rights, know-how, rights in designs and inventions; (b) rights under licences, consents, orders, statutes or otherwise in relation to a right in paragraph (a); (c) rights of the same or similar effect or nature as or to those in paragraphs (a) and (b) which now or in the future may subsist; and (d) the right to sue for past infringements of any of the foregoing rights; |
| Schedule | means the schedule of Service terms appearing at the end of this Agreement; |
| Search Engine Optimisation/SEO | means the application of such techniques as Zapp shall from time to time and at its own discretion decide are designed or intended to increase traffic to the Site; |
| Service Levels | means the provision of the Services to the standard shown in the Schedule; |
| System | means the equipment upon which the Client’s Site is installed; |
| Term | means the period agreed between Zapp and the Client for the provision of the Services or the completion of the Works; |
| Website | means a website to be designed or hosted by Zapp; |
| Works | means the works to be completed by Zapp pursuant to this Agreement; and |
| Zapp Materials | means any and all content developed or licensed from third parties by Zapp at any time for use in relation to its business or with its clients generally that is not specifically created for the provision of the Services to the Client. |
1. Services
Zapp Sites offers website design services on a monthly payment plan, with a mandatory minimum contract term of 12 months. During this period, Zapp Sites will design, maintain, and host your website according to the agreed-upon plan. Additionally, Zapp Sites offers ongoing support and revisions as specified in the service package.
2. Minimum Contract Term
All contracts require a minimum commitment of 12 months. During this time, clients will pay for services on a monthly basis. This commitment is non-negotiable and cannot be terminated early except under conditions described under “Termination.” Clients may opt to renew services after the initial 12-month term.
3. Ownership of Website and Domain
Ownership of the website design, content, and associated domain name remains with Zapp Sites throughout the 12-month contract term. Upon successful completion of the 12-month period and full payment of all invoices, ownership of the website files and domain name will be transferred to the client. Prior to this, Zapp Sites retains full rights to the website and domain.
If the client terminates the contract before the 12-month term is completed, Zapp Sites retains ownership of all design and domain assets, and the client will have no claim to the website or domain.
4. Monthly Payments
Clients agree to pay the monthly fees associated with their chosen service package. Payments are due in advance each month. Failure to make payments on time may result in service interruptions or termination of the contract, as outlined below. The monthly fees cover website design, hosting, updates, and limited support.
5. Late Payments
Payments must be made on or before the agreed-upon due date. Late payments may incur an additional fee. If payments are more than [XX] days late, Zapp Sites reserves the right to suspend or terminate the client’s access to the website and associated services until payment is received in full.
6. Refunds
Due to the nature of our services, no refunds will be issued for any payments already made. Once services are initiated, payments are non-refundable regardless of project completion status.
7. Termination of Services
Zapp Sites reserves the right to terminate services if:
- The client fails to make monthly payments on time.
- The client violates any of the terms outlined in this agreement.
- The client engages in unlawful or unethical activity on the website.
In the event of termination due to non-payment or breach of terms, the client will not receive ownership of the website or domain unless the full 12-month commitment is fulfilled and all payments are made. Zapp Sites may also terminate the contract at its discretion if it deems the client’s project or website content to be in violation of legal or ethical standards.
8. Website Changes and Revisions
Zapp Sites provides ongoing website revisions and updates as part of the monthly service. However, major redesigns or significant structural changes beyond the scope of the original design may incur additional fees, which will be discussed and agreed upon in advance. Routine updates (e.g., content adjustments) are included in the service plan.
9. Domain Registration and Hosting
Zapp Sites will register and manage the client’s domain for the duration of the contract. The domain will be registered under Zapp Sites’ name until the contract term is completed and ownership is transferred to the client. If the client terminates the agreement early, Zapp Sites retains control of the domain.
10. Client Responsibilities
The client is responsible for providing accurate, timely content, images, and other materials needed to complete the website. Zapp Sites will not be liable for delays caused by the client’s failure to meet deadlines or provide necessary information.
The client also agrees not to use the website for any unlawful or unethical purposes. Zapp Sites reserves the right to remove any content it deems inappropriate or in violation of legal guidelines.
11. Third-Party Services and Tools
Zapp Sites may integrate third-party services (e.g., payment gateways, plugins, social media integration) into the website. These third-party services are subject to their own terms and conditions, and Zapp Sites is not responsible for any issues or damages arising from their use.
12. Limitation of Liability
Zapp Sites will not be liable for any direct, indirect, incidental, or consequential damages resulting from the use or inability to use the website or any services provided. In no event will Zapp Sites’ total liability to the client exceed the amount paid by the client during the contract term.
13. Indemnification
The client agrees to indemnify and hold Zapp Sites harmless from any claims, damages, liabilities, and expenses arising from their use of the website or breach of these terms.
14. Privacy and Data Protection
Zapp Sites respects your privacy and will not share your personal information with third parties without your consent, except as required by law or as part of the services provided (e.g., domain registration). For more details, refer to our Privacy Policy.
15. Governing Law
These terms and conditions are governed by the laws of [Your Jurisdiction]. Any disputes arising from this agreement will be resolved in accordance with these laws.
16. Changes to Terms
Zapp Sites reserves the right to modify these terms and conditions at any time. Any changes will be communicated to clients and will take effect immediately unless otherwise stated.
17. Intellectual Property Rights
Zapp Sites retains ownership of all intellectual property rights to the website’s design, code, and content until the 12-month contract is fulfilled. Upon completion and full payment, ownership of the design and website files will transfer to the client. However, any custom plugins, proprietary software, or intellectual property developed by Zapp Sites remain the property of Zapp Sites unless explicitly transferred to the client in writing.
18. Search Engine Optimization (SEO) and Marketing Services
While Zapp Sites may implement basic on-page SEO as part of the web design service, ongoing SEO services are not included unless otherwise specified in the package. Clients may request additional SEO or digital marketing services, which will incur separate fees and be covered under a different agreement.
Zapp Sites does not guarantee specific search engine rankings or traffic results, as these are subject to external factors beyond our control.
19. Content Delivery and Licensing
The client must ensure that any content, such as text, images, or videos provided to Zapp Sites for the website, complies with copyright and licensing regulations. The client is solely responsible for securing permissions for any third-party content they supply. Zapp Sites will not be held liable for any copyright infringements or legal claims resulting from the use of unauthorized materials provided by the client.
If Zapp Sites provides stock images or other media for the website, these may be licensed under specific terms and cannot be reused by the client outside of the website unless separate licensing is arranged.
20. Backup and Data Security
Zapp Sites will maintain regular backups of the client’s website throughout the contract period. However, Zapp Sites is not responsible for data loss due to unforeseen circumstances such as server failures, hacking attempts, or client errors. Clients are encouraged to retain their own copies of critical data.
21. Maintenance and Technical Support
Basic website maintenance and technical support are included as part of the monthly service plan. This includes resolving bugs, fixing errors, and ensuring that the website remains operational. Requests for additional functionality, major updates, or new features may incur additional charges. Zapp Sites will communicate these costs upfront before beginning any additional work.
22. E-Commerce and Payment Processing
If the website includes e-commerce functionality, Zapp Sites may integrate third-party payment processors (e.g., PayPal, Stripe). The client is responsible for setting up their payment gateway accounts and ensuring compliance with the payment processor’s terms and conditions. Zapp Sites is not liable for any issues related to payment processing or transaction failures.
23. Browser Compatibility
Zapp Sites will design websites to be compatible with the latest versions of major browsers at the time of launch (e.g., Chrome, Firefox, Safari, Edge). However, Zapp Sites cannot guarantee perfect compatibility with outdated browsers or all mobile devices. It is the client’s responsibility to test and report any specific compatibility issues they require to be addressed.
24. Force Majeure
Zapp Sites will not be held liable for any failure to perform its obligations under this agreement if such failure results from circumstances beyond its control, including but not limited to acts of God, natural disasters, government restrictions, labor strikes, technical failures, or other unforeseen events.
25. Dispute Resolution
In the event of a dispute between the client and Zapp Sites regarding these terms or the services provided, the parties agree to first attempt resolution through mediation. If mediation fails, the dispute will be submitted to binding arbitration in [Your Jurisdiction], and the decision of the arbitrator will be final and binding.
26. Portfolio Use
Unless explicitly requested otherwise, Zapp Sites reserves the right to display the client’s completed website in its portfolio, marketing materials, and promotional efforts. This may include screenshots, links, and descriptions of the work provided. If the client does not wish to have their website displayed, they must notify Zapp Sites in writing.