Term and Condition

Definition

The following description about the terms and conditions document is an agreement between Premier IT Zone, the website users and the clients for the purpose of website design or development. These terms and conditions have been devised as a provision under which the client may use the services supplied.

It is not imperative for any Client to have duly signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Modification of terms use and policy

Premier IT Zone shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on this web site.

You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this web site following changes to these Terms of Use shall constitute your acceptance of all such changes.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

Prohibition on Submitted Content

You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website, including your profile, the posting of your Service, the posting of your desired Service, or the posting of any opinions or reviews in connection with the Website, the Service, the Service Professional, or the Service User (all of the foregoing content is sometimes collectively referred to herein as “Submitted Content” and the posting of Submitted Content is sometimes referred to as a “Posting” or as “Postings”) that:

  • Misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information for any Service Professionals; provides or create links to external sites that violate the Terms of Use; is intended to harm or exploit any individual under the age of 18 (“Minor”) in any way; is designed to solicit, or collect personally identifiable information of any Minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school;
  • Invades anyone’s privacy by attempting to collect, store, or publish private or personally distinguish or recognizable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
  • Contains untrue or misrepresentations that could damage Premier IT Zone or any third party;
  • Pornographic, harassing, hateful, illegal, obscene, defamatory, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
  • Copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Premier IT Zone all of the license rights granted herein;
  • Promotes and contain an illegal or unauthorized copy of another person’s copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, use, performance, or distribution of which infringes on another’s copyright, intellectual property right, or any other proprietary right;
  • Intends to harm or disrupt another user’s computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a Premier IT Zone employee, agent, manager, host, another user, or any other person though any means;
  • Distributes or contains viruses or any other technologies that may harm Premier IT Zone, or the interests or property of Premier IT Zone users
  • Contain identical content to other open postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of Premier IT Zone

 

Charges for services

Charges for services to be provided by Premier IT Zone is defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Premier IT Zone reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of thirty three (33) percent of the project quotation total before the work is supplied to the Client for review. A second charge of thirty three (33) percent is required after the development stage, with the remaining thirty three (33) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.

Payment for services is due by cheque or bank transfer. Cheques should be made payable to Premier IT Zone.

Client Reviews Option

Premier IT Zone will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Premier IT Zone otherwise within ten (10) days of the date the materials are made available to the Client.

Fail to provide Requisite Website Content

Premier IT Zone is a small business, to remain competitive, effective and efficient we must make sure that work we have programmed is accomplished at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of accordingly. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.

Payment

Invoices will be provided by Premier IT Zone upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge respectively.

Additional Expenses

Client agrees to reimburse Premier IT Zone for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

Web Browser

Premier IT Zone makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Wombat Creative Limited cannot guarantee correct functionality with all browser software across different operating systems.

Premier IT Zone cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Premier IT Zone reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

Default Account

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Premier IT Zone Web space, Premier IT Zone will, at its discretion, remove all such material from its web space. We are not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return applicable charge and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Premier IT Zone reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Premier IT Zone in enforcing these Terms and Conditions.

Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

Indemnity

All Premier IT Zone services may be used for lawful purposes only. You agree to indemnify and hold Premier IT Zone harmless from any claims resulting from your use of our service that damages you or any other party.

Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Premier IT Zone services the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Premier IT Zone services permission and rights for use of the same and agrees to indemnify and hold harmless Premier IT Zone services from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Premier IT Zone services that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

Domain Name

Premier IT Zone may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Premier IT Zone. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

Liability

Premier IT Zone hereby shun itself, its Employees and or Agents from all and any liability from:

  • Loss or damage caused by any inaccuracy;
  • Loss or damage caused by omission;
  • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
  • Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Premier IT Zone to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the

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