Terms & Conditions

Please read through our Terms and Conditions, we ask that you do not use our website or service until you have familiarised yourself with them. If you are using or have used our service it is understood that you have agreed to the terms set forth on this page. When we say "We" "Zen Web" "us", "our" and "our service" we are referring to Zen Web Creative and its respective services. References to "you" "your" "customer" "client" and the like, refer to you, and your agents. These Terms and Conditions can change at any time. It is important that you check back here regularly. Your continued use of this website implies acceptance of any subsequent revisions. Zen Web Creative's liability is limited to the amount paid by the customer to Zen Web Creative for work undertaken.

Acceptable Content

Websites from Zen Web Creative can not be used to disseminate, communicate, store or transmit:

• content that is sexually-explicit in nature
• information that contains virus', worms or malicious elements
• Copyright infringing data
• trade secret protected data
• data that infringes on any intellectual property, publicity rights or privacy rights
• content that is defamatory, harassing or threatening
• illegal business operations or schemes
• deliberately misleading, incomplete or deceptive content
• material deemed inappropriate by Zen Web Creative

Access

We make efforts to ensure that our website is online 24/7 every day of the year. However, this will not always be the case. There are times when our website will be down, sometimes for things that we can't control and others that we can. We will not be held responsible for damage, events or losses directly or indirectly related to our website being offline.

Accessibility

We endeavour to provide an all inclusive experience for people with differing abilities who visits our website. We will try to implement as many recommended WCAG Guidelines for accessibility we can without a comprehensive Accessibility assessment. In fact we aim to achieve full compliance in either WCAG 2.0 and WCAG 2.1. for our website in the near future.

Business Website

You may not modify our website, or any portion of it, except with the express written consent of Zen Web Creative.

Intellectual Property

The system that runs your website remains the property of Zen Web Creative at all times. The coding, programming and intellectual property that creates your website is owned by Zen Web Creative. In proceeding and paying in whole for a website project with us you own the style, design and graphic design of the website. You also own all of the content that you place onto your website. The content, style and design on your website will be made available to you if you elect to leave Zen Web Creative.

Legal Authority

This website is governed by the laws of the state of Western Australia, Australia. Any dispute arising from the use of this website will be settled in this jurisdiction.

Liability

We will not be held liable for any action or inaction relating to our service. It is up to you to back-up and ensure the integrity of your data offline. If your website is offline then please contact us and we will try to fix the problem as soon as possible. We will not be liable for loss of sales, leads or reputation from using our service.

Pricing and Rates

Zen Web Creative has the right to alter pricing at any time. Before doing so, notice will be given to you. Your continued use of our services implies an acceptance of the new pricing.

Privacy Policy

Your privacy is important to us. We dislike SPAM as well. We will never sell, lease or distribute your contact details to any 3rd party. We will only reveal data pertaining to your account if compelled to do so by law. Please see our Privacy Policy to learn more

Promotions and Marketing

Zen Web Creative reserves the right to use client websites, web designs, layouts, prototypes, and collateral in advertising and/or marketing initiatives. This may include portfolio examples on our website, case studies and other promotional initiatives.

Refund Policy

Prior to work commencing:

You will be eligible for a complete refund of your 30% deposit if no work has commenced on your project from when we receive payment of your deposit, to when we receive notice in writing that you are cancelling your project and request a refund.

Once work after first deposit has commenced:

Once we have commenced work on your project no refund is available on the 30% deposit paid for your project. Work may include, but is not limited to; contact between yourself and an Account Manager and/or website designer from Zen Web Creative, the commencement of wireframes/prototypes by Zen Web Creative for your project, the commencement of design concepts by Zen Web Creative for your project and other work undertaken by Zen Web Creative in relation to your project.

Once website has been deployed:

As per the payment structure agreed when commencing your project we take a Stage Two 70% payment of your website project upon completion of website development. Once this has been delivered and payment taken, no refund is available for the payments made to date. If you choose to discontinue your website build, you must notify us in writing at this stage. Should you cancel your website build at this stage you will have ownership of the website design concept(s) (excluding stock images and other materials not owned by either party) that we have supplied.

Settling Disputes

All parties will, in good faith, attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by negotiation. Either party may initiate negotiations by providing written notice in letter-form to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within five days with a statement of its position on, and recommended solution to, the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet at a mutually agreeable time and place within ten days of the date of the initial notice in order to exchange relevant information and perspectives, and attempt to resolve the dispute. If the dispute is not resolved by these negotiations, the matter shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.

If the dispute or difference is not settled within 30 days of the submission to mediation and provided such period is not extended by consent of the parties, it shall be and is hereby submitted to arbitration in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Rules for the Conduct of Commercial Arbitration. Notwithstanding the existence of a dispute or difference each party shall continue to perform the Agreement. This clause shall survive termination of this Agreement.

Support and Troubleshooting Rates

Zen Web Creative provides telephone (Mon-Fri, 9am-5pm, WAST) and email support at hello@zenweb.com.au. The following attracts an hourly support fee of between $95-$125 (ex GST) in 30 minute increments

• Face to face support
• Content changes
• Designer time / design changes ($95 ex GST/hour)
• Developer time ($125 ex GST/hour)
• All customer computer hardware issues that we can help with, this is outside of our expertise so is not a guaranteed service
• Time spent investigating a reported issue for which Zen Web is not responsible

Payment of all support tasks or additional work outside of your original project fee will be payable as soon as the task is completed. We will not notify you of the payment, we will charge you using your payment method on file. All quotes are valid for 28 days.

Website Launch

• We make every effort to launch your site onto your domain name on the date you request when approving your website but we do not offer a guarantee. If we are not able to launch on the day requested we will inform you prior to the date and arrange an alternative launch date.
• Due to the reduction in staffing levels around Christmas and New Year we do not deliver or launch sites in the Christmas/New Year period.

Website Images and Rights

If we use stock imagery on your website you do not own these images, ownership is retained by the image rights owner. Such images can therefore not be used or re-used for any other purpose and can only be used as they were placed onto your website by us. Any editing of the dimensions in which they appear may contravene their usage rights. Do not copy the images and use them in other promotional materials. If you are looking to own the images on your website or use them for another purpose then please contact us and we will endeavour to put you in contact with the image rights owner. This of course, does not apply to images that you own and provide to us for use on your website.