Terms & Conditions

The following terms and conditions apply to all internet marketing and graphic design services offered by Zen Elements. By ordering services from Zen Elements you are agreeing to the following terms and conditions.

1. We reserve the right to refuse to construct a web site, 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. The acceptance of a commission shall be deemed as a contractual agreement between the client and Zen Elements.
3. Zen Elements requires an up front payment of 50% to action a project and get it off the ground. This we request as a sign of commitment from our customers as well as to allow us the coverage of expenses to work dedicated on your project.
4. Zen Elements cannot always guarantee to start work immediately on a commission but will arrange a date with the client as to when work can commence along with a project timeline to indicate certain points through the project e.g. design preview, content submission, development and final launch.
5. All material, both text and images supplied by the client and used in the construction of the client's web site, 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.
6. The copyright for all material provided by Zen Elements, such as HTML code, graphics, flash animation, photographs and text, will remain the property of Zen Elements until such time as payment has been made in full whereupon they will become the property of the client.
7. Zen Elements will remain always to hold intellectual copyright of material provided and may use the Clients Work in publication for the purposes of promoting Zen Elements. Part of this is to display Clients Work with the online portfolio with a direct link back to the Clients Website.
8. Zen Elements makes every effort to design and develop a website to display acceptably in the most popular current browsers. This cross-browser compatibility cannot be guaranteed in new versions of browsers released after pages have been designed and the site goes live.
9. Zen Elements will submit a client's website to several of the major search engines as part of the design commission but cannot guarantee high placing in search engine results.
10. Zen Elements can accept no responsibility or liability if any search engine, online directory or search site, submitted to as part of a web site promotion commission, chooses not to list a client's web site.
11. During the development phase, Zen Elements will initially place the client's website on one of Zen Elements demonstration servers in order that the client may view and comment upon the website's progress. When both Zen Elements and the client agree that the website has achieved the criteria agreed during the commissioning process, Zen Elements will invoice the client for the full concluding amount due for the commission. On receipt of payment, Zen Elements will publish the website on the client's server and also provide, on request, a backup of the source code on CD-Rom disc.
12. The Client shall allow Zen Elements to permanently insert into the source code comments of the Contractor’s name, Author’s name and a link within the Clients website to Zen Elements own website with a statement something similar of: “Web Design by Zen Elements”.
13. If at any point during the Internet Marketing Project a client wishes to cancel, they may do so but will be invoiced an amount that Zen Elements judges to be proportional to the amount of work completed on the commission.
14. If, during the Internet Marketing Project, the client does not supply the content required in order to complete the commission within a reasonable amount of time indicated on the commissioned projects timeline, Zen Elements will consider that the client wishes to cancel the commission.
15. Zen Elements expects payment by cheque, cash or bank transfer within 14 days of the date on the invoice. Any payment that requires to be pursued after the 14 day period will incur a £25 administration charge along with interest rates applicable. This will be invoiced and will be added to the total outstanding debt owed by the Client.
16. Any payment returned by the bank or credit card company will incur a £25 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the Client.
17. Zen Elements does not undertake to maintain or update a client's website as part of the design commission. If a client wishes Zen Elements to maintain or update a web site as a separate commission, Zen Elements will negotiate with the client a management contract appropriate to the amount of work required. Web site maintenance may also be undertaken on a time and materials basis if the client so wishes.
18. Zen Elements reserves the right to alter prices at any time without notice. If a client has commissioned any services from Zen Elements prior to a change in prices, that commission will not be subject to any increase, but any subsequent commission may be subject to an increase.
19. By agreeing to these terms and conditions your statutory rights are not affected. Zen Elements reserves the right to change or modify any of the terms and conditions contained in the Terms and Conditions.
20. Zen Elements Contracts shall be governed by and construed in accordance with Scots law. The Client hereby submits to the exclusive jurisdiction of the Scottish courts.