By ordering services from Zest! Media you are agreeing to the following terms and conditions.

"We", "Us" and "Our" refers to Zest! Media.

"Clients", "Your" and "You" refers to Zest! Media's Clients for website, design, print services or any other related services.

1.

We reserve the right to refuse to produce any material which we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to UK laws.

2.

Any website owner using illegal or unfair techniques to gain visitors to their websites (spam e-mails or other unauthorised techniques) will not be allowed to host their website's on our hosting company's servers. Any website owners found doing this will have their website(s) removed for the server and domain name(s) released.

3.

In all matters, any decisions are the sole discretion of Zest! Media.

4.

Under no circumstances will Zest! Media accept responsibility for any loss including but not limited to loss of revenue, good will or staff hours.

5.

Zest! Media aims to have 99.97% uptime on our servers but cannot be held responsible if this is changed due to circumstances beyond our control. We will make all reasonable efforts to make sure our servers maintain this uptime, however, under no circumstances will Zest! Media accept responsibility for any loss including, but not limited to, loss of revenue, good will or staff hours.

6.

In the interests of security, Zest! Media do not allow third party access to any of our servers, this includes, but is not limited to granting FTP access to customers, or any other person or company not connected with Zest! Media. Zest! Media reserve the right to Grant Access to any person or company appointed by Zest! Media.

7.

Any annual fees, including but not limited to, hosting, domain registration, SQL databases, email addresses and secure certificates must be paid on or before the renewal date. If the customer fails to pay we reserve the right to remove any services.

8.

Zest! Media reserves the right to alter prices at any time without notice. If a Client has commissioned any services from Zest! Media prior to a change in prices, that commission will NOT be subject to any increase (this does not include price increases outside our control)

9.

Zest! Media requires a 50% deposit (based on estimated costs of the project) before any design work is carried out. Payment of this deposit confirms you accept our Terms and Conditions.

10.

Zest! Media expects payment by cheque or cash within 14 days of the website completion. Completion is defined as when both Zest! Media and the Client agree a website is completed as quoted.

11.

We reserve the right to remove any websites that have not been paid for during the testing phase. When payment is received the website will be displayed.

12.

Your right to cancel. All Clients have 7 days from the date of payment of the deposit to cancel any projects with Zest! Media. However, the Client will remain liable for any costs incurred by Zest! Media at the Clients instructions, including, but not limited to, printing, design costs, telephone calls, hosting and domain registration. Any deposits paid are non-refundable.

13.

Zest! Media cannot always guarantee to start work on any projects immediately. If this is the case it will be discussed with the Client before any work is started. All reasonable efforts will be made to work to Client time scales. If work is considered urgent, for whatever reason, please discuss this with your account manager and all efforts will be made, if possible, to meet your deadline.

14.

During the design process Zest! Media will initially place the Client's website on one of our servers during design process in order that the Client may view and comment upon the website's progress. When both Zest! Media and the Client agree that the website meets the criteria agreed during the commissioning process, Zest! Media will invoice the Client for the full amount due, the invoice total, less the deposit plus any other works, agreed between Client and Zest! Media. On receipt of payment, Zest! Media will publish the website on our server.

15.

All material, both text and images, supplied by the Client and used in the construction of the Client's project by Zest! Media will remain the Client's property . All such material will be assumed to be the property of the Client and free to use without fear of breach of copyright laws.

16.

The copyright for all material provided by Zest! Media, such as, but not limited to, HTML code, graphics, photographs and text, will remain the property of Zest! Media. The Client can purchase the copyright of the artwork, design, graphics, photographs and text at a price agreed between Client and Zest! Media. Please contact your account manager if you wish to discuss copyright purchase. In most cases copyright will remain with Zest! Media in such cases our standard charges are:

	Standard Cost
Initial Concept Design	£489
Cost per usage of design (Pages in site)	£100
Images*	£49 per image
CSS Files	£89 per file

*includes images created to produce template design

Transfering a site from Zest! Media. In the unfortunate case that a customer wishes to transfer a site away from our hosting the customer will be come immediatley liable for all copyright transfer fees. Zest! Media will normally not allow a site to be transferred from our hosting until Copyright has been purchased - This does not affect your right to transfer Domain names. Copyright cannot be transferred in part. If your are using one of Zest! Medias 'Software Packages' (Including but not limited to Content Management Systems, Online Shops, or Bespoke software), we are unlikely to allow this to be hosted on any server other than our own. In cases where such a customer wishes to leave Zest! Media for any reason access to such software would be forfeited.

17.

Zest! Media will make every effort to design pages compatible with various monitor resolutions. If this is not possible it will be discussed with the Client before hand. If no specific instruction is recieved from the client we will design for monitor resolutions of 1024 x 768 or 800 x 600 depending which works with a specific design.

18.

Zest! Media will make every effort to design pages which display acceptably in the most popular current browsers, but cannot accept responsibility for pages which do not display acceptably in new versions of browsers released after pages have been designed. If this is the case we will gladly modify pages to work on newer browsers subject to our standard rates. If you wish have special requirement for browser compatibility such as, but not limited to, WAP, GPRS and other mobile browsers, please discuss this with your design consultant. When creating 'Software Packages' (Including but not limited to Content Management Systems, Online Shops, or Bespoke software), we will test these on a Windows based PC running the latest version of Internet Explorer, and if found to work correctly this will be deemed complete. If you have specific browser / operating system requirments please raise this at the design / specification stage of your project.

19.

Zest! Media cannot guarantee a placement in any search engine listing, however, we will do all we can to aid the search engine ranking of your web site position by optimising the web pages where ever possible. Please speak to your account manager if you wish to discuss our SEO packages

20.

Zest! Media can accept no responsibility or liability if any search engine, online directory or search site, submitted to as part of a web site promotion, chooses not to list a Client's web site.

21.

If Zest! Media is unable to cure any problem (including but not limited to server downtime) that is attributable to a third party, we will consider this to be our problem but make refunds only to the level that we have been able to obtain from the third party that has failed to cure the problem in our target repair time.

22.

By agreeing to these terms and conditions your statutory rights are not affected.

Policy Changes

If we change our terms and conditions in whole or in part, we will inform you by posting a notice on this website. Those changes will go into effect on the date posted in the notice. The new policy will apply to all current and past users of our website and will replace any prior policies which are inconsistent.

Your Feedback

To help us improve our Terms and Condition and practice, please give us your feedback. You may email us or write to us at Zest! Media, Unit 1 Church Close, Todber, Sturminster Newton, Dorset DT10 1JH.

Law and Jurisdiction

This Website complies with appropriate UK legislation and the services on this Website are available within UK only.

The laws of England and Wales shall govern the Website, its contents (including these terms and conditions) and any products and/or services that are supplied by the Company, or any member of the group of companies to which this Company belongs, from this Website and both parties agree to submit to the exclusive jurisdiction of the courts of England and Wales in relation to all matters arising there from.