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Terms and Conditions

Preamble and Jargon

The term 'zarbi.co.uk' or 'Zarbi' or or 'us' or 'we' refers to the company Zarbi Ltd. The term 'you' refers to the user or viewer of our website, client or consumer of our services.

Zarbi Ltd offers this web site, all information, software, products and services available from this web site or offered as part of or in conjunction with this web site, to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. Zarbi Ltd reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location.

Your use of our web design, graphical design, hosting or domain services constitutes your agreement to all such terms, conditions and notices, and any changes to the terms and conditions made by Zarbi Ltd.

Payment of an invoice containing a link to these terms and conditions confirms that you have read, understood and agreed to be bound by the terms and conditions.

The Important Bit - Our Service

Consultation and Estimates

Initial meetings and briefings are free. Subsequent meetings and expenses may be billable. After initial briefing our initial quote is provided on the assumption that all specifications and schedules are known to us and have been confirmed in writing. Unexpected changes to the specification, details provided only over the phone and not recorded in email, or a change in schedule may alter our quotation or increase costs.

Design and Development Service

Our quotation will normally include design and development of a website or creative, to its point of delivery either online or to a printer. Following completion of agreed work, ongoing changes of less than 30 minutes will be accrued at the rate indicated. Larger additional work and new jobs will be quoted for in advance.

Billing

Upon agreement of cost, we request 50% deposit and work will commence following receipt of payment. The balance will be due on completion of work in our remit, or at the point the web site becomes live to the public. After 30 days delay at the client side, or without reply from you, we reserve the right to charge the full balance for the project.

Time is calculated to the nearest 15 minute period for individual tasks, unless otherwise agreed, at a rate of £35 per hour. All pricing information where provided is exclusive of VAT to be added at the current rate.

Hosting is billed annually in advance. Hosting will renew on a rolling basis each year unless notice is given to terminate the service.

Communication and Level of Service

Being a supplier of 24/7 hosted services, we are conscious of the need to monitor emails whenever possible. Any urgent email will be dealt with as soon as it is read, usually within minutes of it being sent. For non-urgent quries we would aim to reply to the same working day, or within a time period appropriate to the query.

The telephone number is available on the contact page and is active during office hours. For the purposes of record-keeping, and due to the demands of the working environment, as well as the unusual hours required by the nature of our business, we encourge email to be the primary point of contact. Any messages left on the voicemail would normally be dealt with within one working day.

Hosting

We engage a number of hosting providers to provide VPS (Virtual Private Servers) and dedicated hosting solutions dependent on the needs of the client. Unless otherwise guided by the client, we will arrange hosting as required at a rate agreed in writing.

Should we be required to deliver our content to a third party hosting solution, we require the following conditions to be met:

  1. The designated hosting account is active and available to receive http requests and FTP transfers
  2. Necessary passwords and other details are made available in good time to complete the transfer of website files and other domain or web space technical configuration
  3. The designated hosting account is fit for the intended purpose. (A hosting accounts suitability must be assessed prior to the completion of the site and clients are urged not to purchase third party hosting without first consulting Zarbi Ltd on its suitability)
  4. The designated domain name is purchased, active and correctly configured where a third party manages the domain name/s.

Usage of Hosting

The hard disk space on our server is finite and its use is entirely at our discretion in order to maintain the effective running of the hosting platform. Any data residing on our server (either HTTP or email) is liable for deletion without notice, except in the event that the deletion of the data will interrupt the running of any live web services.

Emails with large attachments cause connectivity and disk space issues and purging of messages with large attachments is to be encouraged. The email server is not intended as a cloud storage system and clients are responsible for saving local copies of all critical messages or attachments to protect against loss of information in the event that large emails become corrupt or have to be deleted.

Zarbi Ltd nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that your email or their attachments will be preserved indefinitely.

Domain Names

Purchases of .uk domain names are made through Nominet and their terms and conditions must have been read and understood. Payment of our invoice and registration of a domain name through us denotes acceptance of their terms which can be read here: http://www.nominet.org.uk/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registration.

Domain Abuse

We are obliged to ensure that all domains registered through us are complying with the appropriate Registration Agreements. If you have a complaint regarding domain abuse, please email abuse@zarbi.co.uk and it will be dealt with urgently. Please note that while we are happy to review any claim that a domain is violating the Registration Agreement, we do reserve the right to judge the appropriate response in our sole discretion. When contacting us, state the following:

  • Your full details including a contact number and email address
  • The infringing domain name
  • The nature of the abuse:
    • Infringing trademark or copyright
    • Using invalid contact details
    • Spreading Malware
    • Phishing
    • Unsolicited email (spam)
Important: If Zarbi is not the Registrar or hosting provider, we are not able to respond to this allegation. Please take steps to ensure that you are contacting the appropriate party in regards to this complaint. You can find information on the domain in question by performing a Whois query at http://www.who.is.

Non-use and Cancellation

The client is financially obliged for all work completed whether they use it or not. All reasonable steps will be taken to ensure that the work delivered by Zarbi Ltd conforms to the initial brief but in the event of assignment cancellation we will invoice for all work that conforms to the brief thus far completed. Any work demonstrated to conflict with a written specification beyond acceptable creative freedom will not be billable.

Transfer away of a domain name is free of charge and can be completed at any time if there are no outstanding invoices.

Complaints Procedure

If you are in any way dissatisfied with any aspect of our service, please do not hesitate to contact us on 0845 652 24 24, or put your comments in writing to 45 Market St, Wirral, CH47 2BQ. Alternatively you can use ask@zarbi.co.uk and we go out of our way to ensure you are made a happy customer! If your issue concerns a domain name and we have been unable to help, then you can escalate your enquiry to Nominet directly by calling 44(0)1865 332244.

 

The Legal Stuff

Responsibility

We are not responsible for the correctness of text content supplied by a client nor do we accept responsibility for any trademark or copyright infringement originating from existing artwork or copy supplied to us.

Confidentiality

All material provided by clients will be treated confidentially. Client information will not be shared with third parties or made publicly available without client consent unless published on the internet.

Ownership

Unless otherwise stated the output from an assignment becomes the property of the client on receipt of the final payment. However, underlying object code remains the property of Zarbi Ltd. Clients are granted continued and unlimited use of object code for the lifetime of a website but re-distribution, packaging or making object code publicly available is prohibited.

The right is reserved to re-use object code in whole or in part for the purposes of other clients/websites making clear the distinction between the graphical aspects of a website and the generic functionality of underlying code.

Warranty and Exclusion of Liability

Whilst every effort will be taken to produce a web site or creative which all parties are happy, neither Zarbi Ltd nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that your web site, hosting, domain name(s), other service or their operation will be uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the web site or any service on behalf of Zarbi Ltd.

Whilst we make efforts to ensure that web sites are built in the most appropiate manner to appeal to the current proclivity of the dominant search engines, neither Zarbi Ltd nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that your web site will achieve any particular ranking on any search engine. It is not the responsibility of Zarbi to drive traffic to your web site or actively promote your business, unless otherwise agreed in writing.

Whilst every attempt is made to complete a fully functional and bug-tested website, neither we nor our developer(s), agents, suppliers or merchants assume any responsibility for any error, inaccuracies, and or omissions or assume any responsibility or liability whatsoever for interruption of business or failures to complete enquiries or sales.

The use of our services should include your own due diligence for proof-reading and bug-testing and you agree that we are not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products and services.

Indemnification

Your use of any information or materials on this web site, or a web site or service supplied by Zarbi Ltd is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website or your own meet your specific requirements.

This Web Site

The content of the pages of this website www.zarbi.co.uk is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Copyright

Except for material in the public domain under copyright law, all material contained on the web site (including all software, HTML code, Java applets, Active X controls and other code) is protected by copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Web site without the prior consent of the copyright owner.

None of the material contained on the Zarbi Ltd web site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Zarbi Ltd. Violation of this provision may result in civil and criminal penalties.