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Terms of Services

This document sets forth the principles, guidelines and requirements of the Terms of Service of Zabedesign.com (“Service Provider”) governing the use by the customer (“Customer”) of the Service Provider’s services and products. Zabedesign.com retains the right to alter or change these Terms of Service at any time and from time to time and any such modification shall be automatically effective as to all customers when published at www.zabedesign.com. The Service Provider shall be the sole and final arbiter as to the interpretation of the following terms. By utilizing Zabedesign.com’s services and products, the Customer agrees to be bound by the terms herein outlined.

1. Authorization/Contact AgreementThe Customer is engaging Zabedesign.com as an independent contractor for the specific project of developing an Internet web site, graphics for web applications, graphics for print or modifying an existing web site. The Customer is responsible for providing accurate and reliable contact information. The client agrees that any email address given for business purposes will be active and understands that the client is responsible for replying to all correspondence sent to that address by Zabedesign.com. Failure to respond in a timely manner may result in delays to the project timeline as seen fit by the Service Provider.  If the Customer fails to reply to a correspondence within a period of 14 days, his/her project shall be placed on hold indefinitely.

2. Changes and AdditionsAny changes requested by the Customer after agreed completion may be subject to additional charges.  Additional work requested will be considered as a separate work order. Zabedesign.com is under no obligation to make any additions that do not arrive in writing or arrive without an acknowledgement of charges to be billed.You must submit a new request for services when adding additional pages/features to your web site. Any further revisions to your web site that were not included in the initial project specification may result in additional charges if it requests anything other than a simple change of contact information or a correction of an error.

3. Completion DateZabedesign.com and the Customer must work together to complete the web site in a timely manner. Zabedesign.com will provide a timeline for completion of each project based on the initial project specification provided by the Customer. Zabedesign.com shall, to the best of its ability, deliver all services according to the agreed timeline for each individual project. Urgent deadlines must be declared by the Customer to Zabedesign.com prior to the commencement of the related project. Zabedesign will not be held accountable for failure to meet any deadline that was not agreed upon by both the Customer and the Service Provider prior to the commencement of the related project.The Customer is responsible for the timely delivery of all necessary content including all text, images and audio/video materials. The timeline provided by Zabedesign shall commence upon the receipt of ALL necessary content from the Customer for the related project.  In other words, the clock starts once all required materia are in the Service Provider’s hands.  Urgent deadlines that have been agreed upon by both the Service Provider and the Customer are contingent upon the timely submission of all necessary content by the Customer to the Service Provider. If the Customer fails to deliver ALL necessary content to the Service Provider by the designated start date of a project with an agreed deadline, then the deadline agreement shall be considered null and void.

4. Payment of FeesAll design work completed or in progress remains the legal property of Zabedesign.com until full payment is received. Once full payment is made, the Customer shall retain legal ownership of all contracted work.The terms of payment shall be agreed upon by both the Service Provider and the Customer prior to the commencement of the related project. The Customer agrees to abide by the payment terms he/she has agreed to once the initial payment has been received.For your convenience, we accept Visa, MasterCard, American Express, PayPal, Check  or International money order. All payments must be made in U.S. Funds. Returned Checks shall result in a returned check fee of $75.Payments must be paid promptly. Delinquent bills will be assessed a $25 dollar charge if payment is not received within 10 days of the due date. If the amount remains delinquent 30 days after its due date, Zabedesign.com shall pursue its right to collect the amount due by any legal means necessary including the solicitation of services of a collection agency.

5. Impossibility of PerformanceCustomer acknowledges and agrees that Zabedesign.com cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond their control including, but not limited to, local telecommunications problems, line failures, or temporary down time for maintenance or upgrades.

6. Copyrights and Trademarks The Customer unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Zabedesign.com for inclusion in the web site are owned, or that the proper permissions were received by the Customer from the rightful owner to use these elements in the web site. The Customer further guarantees that Zabedesign.com will be held harmless, be protected from, and be defended from any claim or suit arising from the use of such elements furnished by the Customer.

7. Copyright to Web Pages and ArtworkUpon full final payment of this contract, Zabedesign.com agrees that its work product produced in the performance of this contract shall remain the exclusive property of Customer, and that it will not sell, transfer, publish, disclose or otherwise make the work product available to third parties without Customer's prior written consent. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the Customer and remain the property of their respective owners. Customers are entitled to personal use of purchased Zabedesign.com artwork e.g. incorporating it into letterheads, business cards, print advertising. We also reserve the right to display your graphics as examples of our work in the portfolio section of our website www.zabedesign.com. We require that a link back to Zabedesign.com site be placed on each site created by us or on pages where our graphics are featured.

8. Refusal of Services Zabedesign.com reserves the right to refuse service for any web site or material that that it feels is not legal or not in the best interests of Zabedesign.com. Zabedesign.com does respect our Customer’s right to free speech as provided by the Constitution of The United States of America. Zabedesign is not responsible for any content provided by the Customer for use in any website that Zabedesign.com develops.If any Customer is mean, rude or verbally violent to any member of the Zabedesign.com staff, we reserve the right to terminate the Customer’s project, nullify any active service agreement contract and collect payments for any and all work completed up to the point of termination.   The Customer herby agrees to submit any and all complaints regarding the services performed by Zabedesign.com to contact@zabedesign.com in a professional and civil manner.

9. Cancellations and RefundsOnce design work has commenced, the initial deposit is non-refundable. Notice of cancellation must be received in writing, and Zabedesign.com will invoice the client for any work completed for which compensation is not included within the aforementioned deposit. The Customer agrees to accept responsibility for all work completed prior to written notice of cancellation being received by Zabedesign.com.

10. Design Credit A small logo image and link to Zabedesign.com will appear at the bottom of each page on the site. The client agrees to display this image and link for as long as the web site, designed by Zabedesign.com, is publicly displayed on the internet, regardless of where the site is hosted or maintained.

11. Governing Law.This contract shall be governed by the laws of the State of California and the country of The United States of America, which shall claim venue and jurisdiction for any legal motion or claim arising from this contract. This contract is void where prohibited by law.

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