Updated: Apr 30, 2013
All Zap! Media Limited Services and/or Goods are supplied subject to the following terms:-
a. Any order resulting from a quotation or the submission of a current price from Zap! Media (herein after referred to as "Zap!") shall be subject to these terms and conditions, any variation is only valid if accepted in writing by Zap!.
b. Quoted prices are usually valid for 30 days but are subject to any material costs and sight of copy or brief.
a. Quoted prices are subject to alteration between date of acceptance and completion of order in the event of Zap!'s costs being increased, except through any happening or event within Zap!'s direct control.
a. All dates quoted for delivery are approximate and, whilst every effort will be made by Zap! to ensure delivery dates are met, Zap! shall be under no liability for failure to deliver on the quoted date.
b. Where expedited delivery is required and increased costs are incurred, these will be the responsibility of the Buyer (herein after referred to as "client") and invoiced accordingly.
c. Should work be suspended, either at the direct request of the client, or simply through inactivity, or delayed through any default of the client for a period of 15 days Zap! will be entitled to invoice for work already carried out and materials used.
4. Terms of Payment
a. Payment shall be made in full within 30 days from date of invoice, unless otherwise agreed to the contrary. Any discrepancies on invoices must be advised to Zap!, in writing, within 14 days from the date of invoice.
b. Should payment terms be exceeded Zap! reserves the right to charge the Client interest at a rate of 5% per month above the base rate set by Lloyds TSB Bank.
c. Domain name(s), all fees must be prepaid and are non-refundable even if suspended, cancelled or transferred prior to the end of the registration term. We will automatically renew your domain name(s) using billing information available. If your billing information is not accurate we will contact you to update this information and charge accordingly.
d. Hosting accounts are set up on a prepay basis. Although Zap! reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due every 30 or 365 days, following the date the account was established. Customers will automatically be charged again at the end of their prepay period unless closure notification has already been given.
a.Zap!'s liability in respect of any failure of the Goods and/or Services to be of contract description or quality is limited to the express provisions of this clause. Zap!'s warranty under this clause is in lieu of any warranties, conditions or undertakings, whether express or implied by statue or law or otherwise, save those implied warranties, conditions and terms that cannot be excluded by virtue of statute or law.
b. Zap! takes all possible care to ensure that the Goods and/or Services are to contract description and quality but defects, errors and shortages sometimes occur. If the Client wishes to make a complaint that the Goods and/or Services are not to contract description or quality, it must do so in writing so that Zap! receives its complaint within 14 days of delivery to the Client of the Goods. If the Client fails to make its complaint in writing and within the strict time limit, Zap! shall be entitled to reject its complaint without further investigation. If the Client makes its complaint in writing and within the strict time limit, Zap! shall investigate its complaint within a reasonable time and the Client shall allow Zap! facilities to inspect the Goods. If the Goods and/or Services are not contract description or quality (and if Zap! has not rejected the Client’s complaint because it was not made in writing or within the strict time limit), Zap! may at its sole and unfettered discretion;
i.replace the Goods and/or Services, or
ii.accept the return of Goods and/or Services in which case it shall credit the Client with the Contract price: or
iii.credit the Client with an amount equivalent to the difference between the value of the Goods and/or Services at the time the Clients makes its complaint and the Contract price, in which case, the Client shall then pay the Contract price (subject to such credit) in accordance with the terms of payment above.
Every effort will be made to carry out intending Client’s requirements, but
a. Zap! shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or any loss arising from delay in transit; and
b. Where work carried out by Zap! is defective for any reason, including negligence, Zap!'s liability (if any) shall be limited to rectifying such defect.
c. Zap! will endeavour to ensure accuracy in the preparation of copy. However, some errors may occur and therefore, all proofs must be checked very carefully before the Client passes for print. Any liability for overlooked corrections will remain the Client’s responsibility and all subsequent expenses will be invoiced accordingly.
7. Ownership and Risk
The risk in the Goods and/or Services passes to the Client upon delivery and the Client shall insure the Goods and/or Services from such time against fire, water damage, theft and other usual risks at the full invoice price thereof to the Client, but legal and beneficial ownership shall remain with Zap! until full payment has been received.
8. Client's Property
No liability is accepted by Zap! for any loss or damage to intending client ’s transparencies, artworks, digital media or any other property, however arising otherwise than from gross negligence of Zap!.
9. Force Majeure
Every effort will be made to carry out the contract but its due performance is subject to cancellation by Zap! or to such variation as it may find necessary as a result or inability to secure labour, materials or supplies or as a result of and Act Of God, War, Strike, Lockout or other labour dispute, Fire, Flood Drought, Legislation or other cause (whether of the foregoing class or not) beyond Zap!’s control.
These Conditions and all other express terms of the contract shall be governed and construed within the Laws of England.
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