ZinZang Studio - Terms of Service

Definitions:
Client/Customer/Owner; will refer to any one, person, business, group, party/parties, representative, employee or agents/assigns who hire ZinZang Studio, LLC to perform a service or product on their/its behalf.

ZinZang Studio, LLC; will refer to any employee, party/parties, representative, or agents/assigns who perform a service or product on behalf of the above defined client.

These Terms of Service are the complete Agreement between ZinZang Studio, LLC and the customer/client. This Agreement supersedes all prior agreements or promises made by ZinZang Studio, LL's representatives that differ in any way from these Terms & Conditions.

Any modifications of this Agreement must be in writing and signed by the party or parties to be bound by modifications.

Any notices required under this Agreement must be delivered in person, mailed (properly addressed and with postage paid), or emailed to the party entitled to receive the notice.

The Client/Customer agrees that it shall defend, indemnify, save and hold ZinZang Studio, LLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against ZinZang Studio, LLC its agents, customers/clients, officers and employees, that may arise or as a result form any service provided or performed or agreed to be performed or any product or service sold by the Client/Customer, its agents, employees or assigns.

The Client/Customer agrees to defend, indemnify and hold harmless ZinZang Studio, LLC against liabilities arising out of:

(1) Any issue relating to TRADEMARKS, COPYRIGHTS, PATENTS & WARRANTIES infringements from a third-party is not in violation of any international or local regulation. In all cases,the client represents to ZinZang Studio, LLC and unconditionally guarantees that any text, graphics, photos, designs, trademarks, video, audio files or other material submitted to ZinZang Studio, LLC for inclusion in a project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend ZinZang Studio, LLC from any claim or suit arising from the use of such elements submitted by the client.

Copyright of the finished website and/or patents of the finished software are the responsibilities of the client. Upon receipt of final payment of this contract by ZinZang Studio, LLC, the client will be assigned rights to ownership of the web site, web site design, graphics, software, and any other files associated and/or implied within this project and text contained in the finished assembled web site.

However, ZinZang Studio, LLC retains the right to display graphics and other Web design elements as examples of their work in their respective portfolio. ZinZang Studio, LLC will not give access to any password protected or proprietary areas of the site to any client for any reason without permission from the client, unless subpoenaed by court or where it is mandatory to do so by court order.

(2) ZinZang Studio, LLC does not warrant that the functions contained in the service or product purchased by the client will be uninterrupted or error-free due to any untested sections of the product, hardware, internet disruption, cyber attacks on ZinZang Studio LLC's hosting server, or third-party software issues of any type. The entire risk as to the quality and performance of the web site is with the client. In no event will ZinZang Studio, LLC be liable to the client or any third-party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and/or software. At no time will ZinZang Studio, LLC be liable for suitability, merchantability or usability of products and services developed and delivered by the client, nor will ZinZang Studio, LLC be responsible for any injury to person or property caused by any products, services sold or otherwise distributed in connection with ZinZang Studio, LLC. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

ZinZang Studio, LLC reserves the right to suspend or cancel a Client's/Customer's access to any or all services provided, by ZinZang Studio, LLC when ZinZang Studio, LLC decides that the account has been inappropriately used or otherwise.

Prohibited Uses include, but are not limited to:

(1) The use of illegal material such as, copyrighted works, commercial audio, video, music files and/or any material not the property of the Client/Customer without consent by the third-party. Any adult material, including all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of ZinZang Studio, LLC. Any "warez" applications, this includes pirated, software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, spamming, etc. and the encryption of any of the above. This will also include any sites which provide "links to" or "how to" obtain information about such material.

(2) Client/Customer accounts are to used by the primary owner only. Personal account holders are not permitted to resell, store or give away web hosting services of their website to other parties. Web Hosting services are defined as allowing a separate, third party to host content on the owner's web. Exceptions to this include banner ads, classified ads, and personal ads. ZinZang Studio, LLC reserves the right to refuse service and/or access to its servers to anyone.

(3) In the event that inappropriate or illegal content is placed on a site that we built, ZinZang Studio reserves the right to modify the content to make it appropriate, or in extreme cases, we also reserve the right to remove the site completely. At this time, ZinZang Studio will not be liable for any loss of business subject to the interruption in live status of web site. Inappropriate content includes expressions of bigotry, racism, hatred, or profanity. ZinZang Studio builds web sites for a variety of businesses and services, but only those, which are in compliance with state and federal laws protecting the rights of citizens.

ZinZang Studio, LLC has the following Payment Policy:

WEBSITE DESIGN & DEVELOPMENT
Once we receive all of the following, work will commence on your site:

* Completed New Client Information Form
* Signed Client Agreement & Web Site Production Process
* 100% of all textual content and/or graphic image content provided by client
* 50% of the estimated total project value (retainer)

The final payment will be due when the site is ready for launch. You will have 30 days from the launch of the site to request modifications to images and text. After this period, all modifications will be priced as updates and will be billed at the hourly rate.

GRAPHIC DESIGN & MARKETING
* Completed New Client Information Form
* Signed Client Agreement & Graphic Design Production Process
* 50% of the estimated total project value (retainer)

The final payment will be due when the graphic design has final approval by the client.

WEB HOSTING
Annual fee basis

Methods of Payment
* Personal/Company Check
* Major Credit/Debit Card via Google Checkout™ (Visa, Master Card, American Express, Discover)
* Cash
* Money Order

All payments are to be made in USD (U.S. dollars). ZinZang Studio, LLC does not store any financial information with regard to online payments.

ZinZang Studio, LLC is not responsible for fees incurred by a client's non-sufficient funds, bounced checks, extended credit limits or other banking, interest and financial obligations from your financial institution from the purchase of our services. If your check is returned for non-sufficient funds, you expressly authorize your account to be electronically debited or bank drafted for the amount of the check plus any applicable fees. The use of a check for payment is your acknowledgement and acceptance of this policy and its terms and conditions.

ZinZang Studio, LLC reserves the right to charge a late penalty of 10% per week assessed to non-payment by any client commencing on the tenth (10th) business day of the date invoiced.

If you would like to make arrangements to pay in some other way, please contact us.

ZinZang Studio, LLC has the following Refund/Cancellation Policy:

By proceeding with the Google Checkout process, the client fully understands and accepts the Terms of this Agreement. If at any time the client wishes to terminate ZinZang Studio's services, the client is responsible to provide a written request stating so and will not incur further fees. However, the client will be responsible for fees for work done up to the point of termination.

Please note that if you wish to cancel your Google Checkout order, you will have 15 minutes from the time the order is placed, as per Google Checkout. If you wish to cancel your order after this period, please notify ZinZang Studio, LLC by email or phone within 24 hours of the time of purchase.

The Client/Customer agrees to limit the liability of ZinZang Studio, LLC to the amount paid for the product or service rendered. This Agreement shall be interpreted under the laws of the United States of America. Venue for litigation of any dispute under this Agreement shall be in held in the appropriate court in the Commonwealth of Virginia, United States of America.

Updated on January 9, 2009