“The Company” shall be defined as Zeenah Spirit Ziino of Corte Madera, California 94925
“The Client” shall be defined as the person or company with whom goods and services are to be supplied to.
“Goods and/or Services” shall be known to be any item which the company supplies to any of its clients for which it is agreed that charges may or may not be applicable, without limitation this includes administrative charges, consultancy fees, server hosting, sub-contractual charges, advance service charges and outside registration fees.
2. Invoices will be sent at the beginning of each month unless otherwise specified. Invoices not paid in full by the 15th of the month are past due. A 10% late fee will be added to invoices over 30 days old. You can pay via check, money order, cash, or PayPal. The company reserves the right to pass on any excess charges it receives for late payment of invoices for services or goods supplied to the client including any interest charges from banks or other financial institutions.
3. Withdrawal of Service
The company has the absolute right to withdraw its services and cancel any contracts with the client at any given time. The company shall issue notice of such action in writing.
4. Data Integrity & Liability
Under normal contractual service circumstances, the company provides no warranty or accepts any liability for any data either lost or damaged which is stored on any of the company’s or client’s equipment. It is the responsibility of the client to keep security copies of information.
The company may provide a chargeable service to its clients whereby security copies of information will be made to recordable compact discs / DVD’s which may be stored by the company or sent to the client to be stored at his/her premises or any other third party appointed by the client.
5. Intellectual Property
Where the company undertakes to provide intellectual services to the client, it agrees that the intellectual property of any software or documentation wrote for the client either carried out remotely or at the client’s premises shall remain with the client once all invoices for such work are settled with the following reservations:
The company has the right to make a final backup of any work carried out for the client at the conclusion of the service.
The company may provide during the course of the service any modules, applications, or software code that it has previously developed which is central to the development and conclusion of any project or service. The rights to reuse, modify, redistribute, make publicly available any such items will remain with the company at all times.
The client shall, without hindrance, be allowed to retain and use any such modules.
The company reserves the right to deliver any preexisting software in an encrypted format.
The company reserves the right to license the use of any preexisting software to the client which may at the company’s discretion contain time or limitation of use software. The company shall notify the client of any such provisions in writing at the onset or during the course of the contract.
The company reserves the right to reuse any central items of a similar nature developed for the client in any other contract it undertakes.
The company shall at its discretion, provide upgrades to such central modules or applications as they become available.
6. Formation of Contract
By default, the company shall deem that a contract for any form of service is in effect when asked to carry out any work for the client.
The company may require written confirmation of any work to be carried out.
The company may provide a written quotation subject to acceptance by the client at the request of the client.
The company reserves the right to vary the quotation at any time should the client change any requirements of work to be carried out.
7. Termination of Contract
Any contract formed between the company, and the client shall be mutually binding to the terms and conditions set out in this document. Any subsequent misuse of equipment, or non-compliance with any of the regulations and terms as set out, shall result in termination of contract or suspension of service.
If you choose to terminate your contract, the company will invoice for any work carried out plus any expenses and handling charges incurred to that time.
The Company reserves the right to cancel your contract at any time without prior written notice of such upon finding that any of the terms and conditions set out herein this document or any subsequent revisions thereof have been broken.
The Company operates a closed policy on publicity and distribution of information and will not at any time divulge your name, address, telephone number, account details or electronic mail address to any non-legal third party and will only divulge your information to any legal establishment where it is deemed to be in the best interests and operation of the company.
9. Loss of Service
The company accepts no liability for any loss of service, unavailability of files, damage to data, misuse of equipment by 3rd parties, failure of any externally managed equipment or communications devices or other services deemed to be beyond the company’s control.
10. Reselling of Services
Those forming an agreement as a reseller are additionally bound to the following. Any violation of these additional terms will result in immediate termination of your account.
At any time, the re-selling of any services is permitted to only one client who shall be the end of the chain, no sub-selling is permitted.
Your clients may not contact us directly, either by e-mail, telephone, fax, or any other method. The company reserves the right to refuse to answer any questions from your clients.
The company will at all times advertise its own products and services at its own price scales to any person contacting the company.
In the eventuality of nonpayment of invoices for any product or service, the company reserves the right to force total suspension of your services and your client’s services until such time as any monies are paid. The suspension shall not be lifted until payment is confirmed. In the case of checks, this may not occur until the check becomes cleared funds in our account.
11. Title of Goods
Title of goods (including documentation, electronic or otherwise) shall not pass from the company to client until such time as any outstanding monies are paid in full.
At all times in any disputes, the company’s decision is final and will not be subject to outside adjudication by other parties.
These terms and conditions are formed under the laws of the state of California, and any legal claim shall be made in a court or via the legal system of the state of California.
14. Changes to Terms
The Company at all times reserves the right to change the terms, and conditions set out herein this document without prior written notice to any of its clients and any subsequent changes will become applicable immediately. The Company will at all times where reasonably possible make available for viewing its terms and conditions through its website.
Zeenah Spirit Ziino Terms & Conditions