TERMS OF SERVICE
WEBSITE CREATION AND DEVELOPMENT: Development of your website starts
on or within 2 business days after your deposit is made and all standard
websites are usually done in record breaking time (2-6 weeks, excluding weekends)
even if the quote was much longer so please be prepared to collaborate with
EXACTLY HOW YOU want your website to be via email, phone, chat, text or support ticket.
Deposits Hold your spot for up to 45 days. If for any reason you can not provide the content
and or info needed to get started on your website within that 45 day period the
deposit will be forfeited and that spot opened up for a potential new client. This
is more than adequate time for what's needed to be delivered for the website to get
underway in development. If for any reason adequate communication on the support ticketing system, active URLs to needed resources
such as CPanels, Server FTPs, Wordpress Logins, Ecommerce Logins, etc. fail to work and the job can not be done, the
deposit will hold up for that 45 day period from the day it was received while you the client attempt to correct this issue and
provide a working way to perform the task at hand, if this becomes an issue the deposit will be forfeited by you the client after 45 days from deposit made.
If a website is completed on or before the launch date but more changes or request are made past that date, the client will be billed for the
remainder of the price of the website on that date and any existing modifications
can be made to the site afterwards. The website must go live when all requested parts
of the website from inception are complete.
We will work with your website within reason until you are
satisfied and your overall vision is met. Once that is
complete, your website will go live on our servers once
final payment is made and cleared. If you already have
hosting and explicitly state that you do not wish to have
your website hosted or maintained by us then no further
charges will be applied aside from requesting a copy of your
website on data disk for a one time fee of $199
OWNERSHIP: All custom coded websites created by Zilard.com
are the respectable property of Zilard.com. Any trademarked
images, logos or information governed by Zilard.com and
hosted on its servers is the respectable property of said
third party (the client we create and host for). The client
may request a full copy of their website for backup purpose
at anytime for $199 which will be mailed to them via
HOSTING AND MONTHLY MAINTENANCE: All websites hosted on the
Zilard.com server will incur a monthly fee of $14.95 to
$49.95 for standard websites depending on the size and
traffic consumption of your website. This fee is in addition to
the actual maintenance fee of your website. Any NON standard
sites that consume very large amounts of bandwidth will
require your own dedicated server and this fee will be
higher and has to be agreed upon by the client and
Unlimited changes, (within reason), are part of the monthly maintence
fee that you may choose to pay. Unlimited changes include changes such
as adding new or replacing pictures, altering or adding graphics, changing
text or links, adding new pages in which the client is willing to provide
all necessary text for and various other changes. Changes are not to be
confused for Addons. Addons are NEW and further payment will be required for
Addons as they where not part of the original design and the quote given for that design.
Some examples of Addons are new scripts that where never a part
of the original design and the quote, new pages in which no information is
provided and all new coding has to be created by Zilard.com, new
functionality that was not part of the original plan and quote. Custom forms or
documents that require extra coding to make them availble for download or to be filled out live etc.
These are just a few examples but the difference between changes and addons
should be pretty apparent and if you are unsure please use the contact form
to see if your request is a change or an addon to find out if it is covered
by your existing monthly maintenance plan.
Allowing us to host your site from creation is an acceptance
of these terms and fees. Some clients may choose to pay
yearly and are granted a great discount for this option.
Some clients may choose to only pay monthly and no discounts
By allowing Zilard.com to host your account you accept the
monthly maintenance fee or yearly maintenance fee, whichever
you have accepted via email or other forms of communication
with Zilard.com. Monthly maintenance fees include changes
and updates to your site when you need them along with
routine backups and other various request. Zilard.com also
provides hourly billing for this maintenance.
This option is not often chosen as it is more expensive and
requires a two hour minimum for each time you contact us
with anything you need done to your website and will be
invoiced each time at a minimum of $85 per hour.
LATE PAYMENT: All monthly service payments are due by the 1st of each new month.
If you need an extension please let us know by direct contact so that we may provide
a grace period. Prepayment notifications are automatically sent out via email and text message
as automated reminders prior to the payment due date to help avoid any late fees each month. Wether you are paying monthly or yearly there
will be a $2 per day late fee accessed if no grace period is established due to no contact from the time the
sent invoice has the due date marked. Any late payments past
10 days are subject to having your website deleted from our
servers as by this time it is only taking up space on our
drives and we are no longer obligated to host or do
maintenance if payment is not made. We feel that this is
more than adequate time for any invoices to be paid. Please
be advised that if you wish to terminate service with us
that you will need to contact us directly with a
cancellation request BEFORE the 1st of the following month
or the regular hosting/maintenance fee for the entire month
will still apply as we do not prorate. Once a website goes live
hosting fees apply and must be paid or late fees start to be applied as well.
If those fees are not paid within 10 days of going live if your agreed upon hosting
and maintenance plan are not paid then it is subject to being automatically purged.
Once a website is purged there will be a reinstatement fee to get it ported back over
to the server of $199 along with the original fees that where outstanding.
Any attempts to charge back funds for works rendered will result
in claims filed for fraud and ultimately handled by our attorney from that point on.
IF you are under dyer circumstances please contact
Zilard.com directly so that payment arrangements can be
made. If NO communication is underway then the above terms
of service will apply.
WEBSITE PURGING: If it is decided that a website must be
purged from the Zilard.com server due to non payment of
monthly fees, late charges, or incomplete payment of
services rendered after the 10 day late payment grace period
then you must contact Zilard.com directly if you wish to
make payment and have your website and services reinstated.
Depending on how late you are or how much late fees are owed
Zilard.com may find it to our best interest to no longer
have you as a client.
If an agreement is arranged that all fees are paid in full,
Zilard.com may reinstate your website and services. There is
a $199 fee to port your website back to the server and
install any purged scripts or databases after any
outstanding fees have been paid in full.
COPYWRITTEN USAGE RIGHTS: All custom coding created by
Zilard.com remains the sole property of Zilard.com . Any
alteration of this code may result in fines or penalties. If
the code is to be altered in anyway by any other party at
any time, written constant from Zilard.com must be obtained.
We protect our work to insure quality and integrity.
REFUND/CANCELLATION OF SERVICES: No refunds will be issued
on completed or incomplete works of any kind or payment of monthly or
yearly services. Once payment has been submitted it is out
of the satisfactory of the client. By accepting Zilard.com
as the creator of your website and the provider of your
services you have read and accepted the Terms Of Service set
forth by Zilard.com which is easily found via the TOS link
at the bottom of all pages of our website. Deposits for projects
secure a time bracket for your work to be completed so are therefore
nonrefundable. Any estimates on completion dates are simply estimates. Cancellation
of service request must be made 5 full business days in advance of the next billing cycle so that any final arrangements can be
made such as issuing you as the client a copy of your website via physical mail. Waiting until
the final day of the month before the next billing cycle starts (the 1st of each new month) could
result in another months fees owed to Zilard.com as that may push the workload for those final request
past the last of the month. If you do want a copy of your website via CD that is an instance of requesting
services from Zilard.com past the last of the month and over into a new billing cycle upon which fees for that new
month will be assessed to cover the time and work involved. Although this fee will be accessed, the client will
forfeit any further request or services aside from the final mail out of the website on physical data disk for the
one time fee of $199.
There are many factors that may effect those estimates which are
out of the control of our services offered. Since that deposit does
hold a time slot in which other works could have been completed for other clients, it
shall not be refunded if you as the client change your mind for any
reason as we still have to be compensated for the time slot you took
by placing a deposit.
Attempting to force a refund will result in you being responsible for the FULL
amount of the original quote with no further services rendered. Digital works are
non refundable and this futile attempt waste time and resources which could result in even
further cost on your part. We will legally pursue ANY and ALL attempts to regain ANY
financial losses whatsoever, this covering even simply our time. We reserve to right to
add any oustanding balances be it due to late payments, non payment, or incomplete payment
over a dispute to the collections department and this could result in a negative effect on your credit.
DDOS ATTACKS: If a clients website falls under DDOS attack
it is our duty as a company to protect our other clients and
the integrity of their websites. DDOS attacks are very
seldom random so in most instances it is a former friend,
relational instance, competition, or disgruntle ex employee
that put you in a position to fall under a DDOS attack. If
this happens your site must be pulled off of our services
and all work will be held locally until the attack subsides
or the culprit is traced and brought to justice. If we can
not locate the source then all is lost but we will
immediately begin tracking the source and we have yet to not
find the person or group of culprits who only THOUGHT they
where savvy enough to get away with it. Today's hackers are
NOT as "anonymous" as they think and we take any attack on
any sites hosted on our servers personal.
BACKUPS OF ALL WEBSITES AND DATA: Although Zilard.com does
do routine backups as part of your maintenance fee,
ultimately it is up to you as the client to keep offsite
backups of your website in the event that all data is lost
due to a malfunction of hard drives on the Zilard.com
Zilard.com can not be held accountable for any lost data. It
is suggested to all clients that a copy of your site is
ordered by mail for a one time fee of $199. You may NOT, however alter coding
inside the Zilard.com server to your website and this will
be considered terms for termination of service without
notice and for this reason no ftp access shall be granted to
any account holders or acquaintances of holders such as
outside coders, designers, or host etc. No website backups
shall be granted to account holders that hold an
outstanding balance with Zilard.com until that debt has been
Zilard.com can not be held accountable for any loss/losses to your company be it data, social standing, or financial.
All decisions for design, backups, hosting, maintenance, promotional campaigns, or changes to the websites are
from a mutual agreement and acceptance of these terms by allowing Zilard.com to render services to you.
These Terms Of Service may update at any time and it is your responsibility as the client to keep up with updates, changes or add-ons to these terms. Zilard.com reserves the right to terminate existing services with the client at any time if we feel that the arrangement is becoming negative and that we are doing all that we can and then some to make the client happy. If this unfortunate situation occurs we do not prorate any services for the rest of that month, bracket, or year. Services will be immediately terminated along with any payments made to Zilard.com being forfeited to us to cover our loss of time and resources. If this is unsatisfactory to you all further communication may be routed through to our attorney's office. Thank you.