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Terms of Use
The Zybrant Group Web Service Terms
Acceptance of Terms: This Member Agreement, together with all schedules and annexes attached hereto, is a legal agreement ("Agreement") between you, the user, together with any company or other business entity you are representing, if any (collectively, the "Member") and The Zybrant Group ("Zybrant"). This Agreement governs the access and use of all products and services relating to the Member-created websites for which Member subscribes from The Zybrant Group (individually, a “Member Site” and collectively, “Member Sites” or “Member Site”) and which are provided and administered by The Zybrant Group and its agents, suppliers, licensors, and third party contractors (collectively, the "Website Service"). The general The Zybrant Group Terms of Use, available at http://www.Zybrant.com , are incorporated by reference into and made a part of this Agreement, except to the limited extent that the general The Zybrant Group Terms of Use are expressly modified below. IF MEMBER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, MEMBER CANNOT PURCHASE, USE OR OTHERWISE ACCESS OUR WEB SERVICE OFFER.
Payment of Fees. Fees for Zybrant’s All-Inclusive Packages are due and payable in full at the time of contract signing. Fees for Zybrant’s Custom Packages (Over $500, are due and payable on the following schedule: 50% upon signing this contract, 50% when the Web site has been updated according to the client's original written specifications -- or, payment in full at the time of contract signage. All-Inclusive Packages come complete with web development and hosting services. These cannot be separated or substituted with other hosting or web services. The Zybrant Group reserves the right to change any fees (which includes but is not limited to, increasing prices on existing or new Website Services and charging a fee for upgrades and/or a Website Service for which The Zybrant Group does not currently charge a fee) at any time and from time to time, provided, however, that The Zybrant Group will provide Member with reasonable notice prior to making any fee changes to existing Website Services. If Member finds any change to the pricing of any Website Service to be unacceptable for Member’s continued use of the Website Service, Member is free to cancel such Website Service and terminate Member’s Website Account at any time, but The Zybrant Group will not be obligated to refund any remaining portion of Member's pre-paid fees when Member cancels such Website Service. Payments must be made promptly. Delinquent bills will be assessed a 1.5% per month charge on any unpaid balance remaining after 30 days from due date. The Zybrant Group reserves the right to remove the Web site from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees, including attorney fees, incurred by that process. This agreement becomes effective only when the Member accepts this agreement.
Completion Time. Web design completion time for Zybrant’s All-Inclusive Package is 5 business days of receiving ALL of the following items: 1) An acceptance of this Web site agreement; 2) The delivery of ALL content including text, images, files in electronic format and any other items needed to complete the site; and 3) Full payment of partial payment according to the terms of this agreement. The 5-day completion time for Zybrant’s All-Inclusive Package, will start only when all this information provided by the Member and does not include changes/updates beyond the completed site. Zybrant’s Custom Web Packages, however, will be completed according to an agreed upon date set by Zybrant and the Member.
Assignment of Project. The Zybrant Group reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.
Liability. The Zybrant Group does not warrant that the functions contained in the Web site or the Internet Web site will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web site is with client. In no event will The Zybrant Group 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, even if The Zybrant Group has been advised of the possibility of such damages. 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.
Copyrights and Trademarks. The client represents to The Zybrant Group and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to The Zybrant Group for inclusion in the Web site 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 The Zybrant Group and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
Laws Affecting Electronic Commerce. From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend The Zybrant Group and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.
Copyright to Web site. Copyright to the finished assembled work of the Web site produced by The Zybrant Group is owned by The Zybrant Group until final payment of this contract, at which time copyright is transferred to the client. Copyrights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. The Zybrant Group and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.
Sole Agreement. The agreement contained in this "Web site Design Contract" in conjunction with the "Official Web site Quote" constitutes the sole agreement between The Zybrant Group and the client regarding this Web site. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for six (6) months after both parties sign this contract. Continued services after that time will require a new agreement.
Provisions: The Website Service is offered to Member conditioned upon Member's acceptance without modification of this Agreement. Member acknowledges that, from time to time, it may be necessary for The Zybrant Group to update or revise certain provisions of the Agreement. By signing up for the Website Service and accepting this Agreement, Member agrees that The Zybrant Group may change the terms of the Agreement in its sole discretion without specific notice to Member. If Member does not agree to the changes implemented by The Zybrant Group, Member's sole and exclusive remedy is to cancel Member's subscription to the Website Service ("Member's Website Account").Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Website Service shall be subject to this Agreement.