Zappy Web Design – zapyzap.com – last updated Jun-7^th 2008

TERMS & CONDITIONS

Note: All our products come with a 1-year free hosting. Hosting is also offered for a minimal monthly fee of $15 to companies and individual customers whose sites were imported to our server.

The Brochure Site or PP1 site consists in a site’s architecture and structure including menus, user ID and password to access the front end of your site; this easy access is to upload pictures, type in text, and include animations if needed.

Using web 2.0 tools, – over a 20-to-30-minute online tutorial – the customer is taught how to manage the content of the site: pictures, text, videos, etc.

This tool is essentially proposed to 1^st time web owners.

This package does not propose a free demo.

This package include a 1-year free technical support and/or maintenance unless for hosting issues.

The customer is referred to online communities such as very active forums and groups where expert web developers exchange questions and answers with beginning web designers.

This package comes as a whole. It cannot be dissociated into phases or portions.

Our Pro-Package (PP2) consists in the development of a complete site - comprehensive design - developed to the customer’s satisfaction. Exclusive templates are quoted separately. The input of the text material remains the responsibility of the customer.

However, the Zappy team will create a unique front-page text in English that is in line with the type of activity connected to the site.

Translation of the websites (not the content) is available in several languages. Ask us for the current list.

The Zappy team, covers the graphic design and proposes a generous selection of professional photos. Pease check the section about Intellectual Property.

Both the Dynamic Informational plan (PP2) and the Dynamic Interactive Business Plus plan (see below) offer a large number of features to choose from. Please check our list of features (modules) at http://www.zapyzap.com/.

The DI/PP2 demo reaches expiration on the 5^th day from the day its template is approved. Reactivation fee will be applied as needed.

Both solutions (DI & DIBP) include a 1-year free maintenance and free hosting program.

Customers who remain hosted at Zapyzap.com and benefit from our free hosting package will also be offered a 1-year free technical support.

Whilst our PP2 package can be used to host an e-store with shopping cart extension, such virtual shop extension will be charged separately (currently $120 without uploading of products.)

Note that any supplemental web-based application such as game, online booking, etc. will incur an extra cost. Ask our team for more information.

This package (PP2) comes as a whole. It cannot be dissociated into phases or portions.

DIBP is an industry specific e-commerce solution. Your business needs dictate whether you need a DIBP solution.

Our areas of expertise are growing with the market: fast and multi-directional.

The fee estimate on this plan is issued with the demo and will be followed by a reviewed estimate after the primary review of the demo. No further estimate adjustment will be issued upon further reviews.

The DIBP demo reaches expiration on the 7^th day from the day its template is approved. Reactivation fee will be applied as needed.

For sensitive projects or mission-critical material, we will be glad to consider signing any type of internal agreement submitted to us (i.e., confidentiality agreement, clearance agreement, unauthorized disclosure agreement, etc.)

This is the ideal solution for ‘superior’ projects or larger companies that need to meet higher standards in terms of security, functionality and image prestige.

The DIBP plan proposes a complete exclusive design developed and sculpted to respond precisely to the site’s visitors’ needs and expectations.

This enhanced comprehensive offer is reserved to individuals and companies that need a regularly refreshed and updated Internet exposure.

The DIBP plan includes free support and free maintenance. This means that we train you or your designated personnel members through online sessions and guide them to understand the self-management of the website or web-portal.

The DIBP plan can include any amount of supplemental features, including web-based applications, Flash or Lightwave animations, etc. All such applications will be the subject of separate quotes within the initial or reviewed estimate as per the growing list of requirements and/or specifics.

Larger projects can be investigated to include Management components (i.e. SAP, etc.)

The Zappy Team Coordinator guides the customer through the possibilities in terms of style and graphic architecture.

The DIBP opens the doors to an unlimited number of options.

Example: Flash games, Online Air Fare booking, IDX for realtors, Multiple Listing, online appointments, online store, medical business management, Pay-per-download, Enterprise Resource Planning, Customers Relation Management, Business Intelligence, etc. Note: we subcontract game programming.

This package can be dissociated into phases or portions.

In line with our philosophy, our primary purpose is to empower companies and individuals with quality web sites and practical Internet exposure.

The design of a Zappy site begins with the customer’s first contact with the Zappy team.

At first, we offer you a demo on a sub-domain.

This demo proposes one or more exclusive or customized templates, a color scheme, an exclusive homepage text and a unique heading banner, as well as a series of menu links selected according to the targeted business type.

Unless the text material is supplied at the time the order is placed, all pages, except for the homepage, are often written in Latin – a generic text written by Cicero known as Lorem ipsum. The purpose of this generic text is simply to give an overview of what the page is expected to look like once the text material is incorporated.

If the text material is supplied at the time of the order, that material will be included in the demo. All pages also carry at least one picture expected to be relevant to the customer’s line of activity. Those photos are all comprised in the package unless otherwise stated or watermarked. Please read our section about Intellectual Property.

The Zappy Team only designs for the latest browsers. If a website or portion of a website, module, component or plug-in does not display or function adequately on a browser which is no longer considered current (no longer available for direct download by the publishers), Zappy Web Designss is not responsible for the display error or the upload error. We urge our customers to encourage their guests to view the site with the latest available stable browsers.

Our translation modules are reliable for the translation of the site’s structure into 28 languages; however the Zappy team is not responsible to provide the translation of the content material.

Option 1: Free hosting at http://main.zapyzap.com/

The Zappy Team is delighted to offer free hosting for smaller and bigger sites alike, whether they were created by us or external.

However the hosting is limited in terms of size. Ask us what is recommended for your site if you intend to hold an online store, a pay-per-view or an upload products or videos facility on your site.

The hosting is limited in terms of material and access. See Restrictions.

For example, access to host database is strictly prohibited. See Security.

Zapyzap.com is grateful to Register.com for our free hosting package, which we hand over to our customers.

Customers, who wish to take advantage of this offer, will need to have their domain name pointing to zapyzap.com.

Once a site has been adopted, it is the responsibility of the site owner (the customer) to contact the domain provider (the company that issued the domain name) and request that the domain name be pointing to zapyzap.com server IP: 209.16.106.46.

Option 2: Hosting outside

In some cases, the customers might prefer to have a site hosted outside.

We will be happy to perform the backup of the site and package it for the customer to have it hosted to the alternative location.

Purchasing a Zappy site does not bind our customers to our hosting platform. Zapyzap.com and the Zappy team are not the owners of the customers’ sites.

However, for security purposes, we reserve the right to decline hosting in case of any breach of contract or non-respect of our regulations.

The Zappy Team proposes the elementary tools in terms of Internet marketing.

SEO/SEF – Search Engine Optimizers

These extensions are incorporated in your site along with the metatags (key words) that will be identified by the main Search Engines such as Google, Yahoo, and MSN. With these extensions, the site is recognized (by the search engine) as valid for display in ranking.

The registration of the site - with the search engines - are the responsibility of the customer.

The Pro Package customer is invited to investigate the various marketing tools offered by large companies. Tools such as GoogleAds, Adword, Adsense, etc. can be of tremendous help in generating traffic through your site.

The Zappy team further encourages the use of Guaranteed Leads (GL) offered by Register.com. Zappy Web Designs is not currently offering such tools.

The BPP customers are also offered the GL option.

1. Site hosted by zapyzap.com

Both our Pro-e-commerce Program and our Business Plus Plan come with a one-year free maintenance offer, that includes online CMS training.

CMS (Content Management System) is the preferred solution of most advanced business seekers, as it guarantees immediate editing access to the front-end and back-end of the site. We orient our customers in updating text information, pictures, videos, etc.

Items that can be changed or updated without limits under our free maintenance program are: text, contact information, menus, heading banner, template, and graphic files.

Code extension updates are restricted under the free maintenance program. The time response delay is up to 7 days.

A separate pay-per-call maintenance program can be assigned to the site upon request. This pay-per-call program (E-Plan) is charged separately.

Further training can be offered under the DIBP license for online training that can guarantee the highest level of access.

We are not responsible for edition supplied by the customer.

2. External hosting (not at zapyzap.com)

For all web solutions offered by the Zappy Team, all customers who choose to host outside of zapyzap.com will be granted full front-end and back-end access: super-administrator.

The Zappy Team, with the express written approval of the ‘external’ customer, will keep a super-admin access to the site also – in case the customer does need future emergency support.

All our Programs come with a one-year free support offer. Restrictions to free support apply to web-based applications. Support for some web-based applications need to be outsourced to specialized companies (i.e., SAP)

The Zappy team is dedicated to outstanding customer service to fix technical problems.

Technical problems occurring as a result of uploading scripts or items that are not supported, however, will not be covered in this free offer.

Check the list of items that are currently supported.

A key part of our 1-year free support is a 30-min online tutorial to guide you through the technical doors of your site.

The customer receives temporary username and a password. This authentication set gives publishing access to the customer to perform editing and publishing tasks.

While sites are under construction, they are placed at a temporary address on a sub-domain. Demo URL look like this: http://##companyname.zapyzap.com.

PP1 Demos have a 3-day lifespan –counted from the day the template is approved) before they reach expiration.

Reactivation of an off-line PP1 demo will incur a fee of $45 in the first week following expiration and $65 thereafter.

DIBP Demos have a 7-day life span before they reach expiration. DIBP and

However under special condition and with specific written agreement, a DIBP demo can be extended for sites that involve heavy programming or extensive content material.

Demos are not completed sites.

Demos are designed to reflect the look-and-feel, the quality of graphics, the technical potential and what can be expected of the end product.

While in demo mode the customer is given a temporary username and password to investigate the front-end edit access. Back-end edit access is only demonstrated after completed purchase of the site or sites ordered.

It is strictly prohibited to copy, download or transcribe in any form or manner the material, or any part thereof, that is proposed in any demo issued by Zappy Web Designs and/or published on zapyzap.com.

Such breach constitutes an infringement of intellectual property.

The act of purchasing a site is referred to as ‘site adoption’. Once a site is adopted, the Zappy team will be completing its development and move it to its final destination: full domain (i.e., http://www.companyname.com)

The business type registered with each type cannot be modified without the email authorization from the Zappy Team at zapyzap.com.

A business type modification is noted when the material is edited in a manner that it reflects a business type other than the initial purpose of the website.

Not all bus-types modifications require authorization. Most business types modifications result from healthy progressive business practice and are therefore welcome.

Example of business type modifications that are considered “natural” and authorized without prior consent: a site, initially adopted for a handyman business, is updated to reflect home improvement or even a construction company.

Example of business type modifications that are not considered “natural” and will therefore require prior consent: a site, initially adopted for a beauty spa and salon, is updated to a travel agency. Such modification, without our expressed consent, constitutes a breach of contract and can result in immediate termination of services.

The customer is invited to submit the business type modification to zapyzap.com within 3 business days prior to the edit change that constitute a business type change. In case of any doubt, contact zapyzap.com.

All customers receive front-end & limited demo + live site back-end access.

This front-end access is at publishing and managing level. Thus, the customer is welcome to perform edits of text and pictures without referring to the Zappy Team for technical support unless needed.

However, the Zappy Team and zapyzap.com decline all responsibilities in case edits were to “kill” the site or cause any type of damage.

In case of doubt, we strongly encourage you to refer to the tutorial or to contact the Zappy Team for guidance.

The customer is expected to abide by the US Federal Code of laws related to internet publishing, intellectual property, trade and public safety, as well as by any other applicable code of law enforced in the state or country of the business residence/location.

Zapyzap.com and its Zappy Team reserve the right to terminate all agreement in case of reported legal breach.

In line with our ethics and our philosophy, the Zappy Team and zapyzap.com decline the production and hosting of certain material types. Material that is not treated or hosted with us include weapon related material (sale, rental, promotion, instruction, etc.), unregulated, illicit and illegal drug or herbal material (sale, rental, promotion, instruction, etc.), sex related material (pornographic material is defined by us as text, animated or non animated graphic material as well as videos or casts of models that appear engaged).

Are also declined any material that encourages violence, racism, pollution, unethical business practices (such as illegal crack and keygen publications, etc.)

Lastly the Zappy Team declines

If in doubt, the customer is advised to seek alternative web services).

The Zappy Team reserves the right to decline production and/or hosting on Restrictive grounds depending on the nature of the material proposed by the customer.

For security purposes we, at zapyzap.com, offer limited database access to our customers.

Access to any part of our hosting platform is strictly forbidden.

Any attempt to breach this regulation will result in legal action.

About Content: The Zappy Team offers each customer up to 10 free pictures per site as part of the start-up kit. Those pictures are royalty-free and can therefore be used abundantly by other sites.

To give a site a cachet and a unique look, we strongly recommend that the customer purchase a set of stock photos. We do have a range of photos to propose. The Coordinator can guide you through our selection.

Whilst all material proposed by our office to furnish our customers’ sites come from our guaranteed stock and will therefore be offered free of royalty for our customers’ sites, it is the customer’s responsibility to ensure that all material used on the customer’s site is duly acquired.

All stock material proposed by the Zappy Team is covered and guaranteed duly acquired for the purpose of web design and online material display.

The royalty and publication license status of the material provided or requested by the customers is not guaranteed by our team. Whilst efforts will be made to ensure the validity of such imported material as to its intellectual property status, the Zappy team does not warrant the use of such material, which will be listed on the database as “external."

About Components and Extensions: Each commercial component and extension placed, integrated and/or configured on the site of the customer (and consequently on the database linked thereto) is to be covered by the respective and appropriate license per active domain value regardles of the content held under any such domain. Reuse of primary licenses for mirror sites is forbidden in accordance with the Intellectual Property Act.

About domains: The Zappy team does not issue licensing for domain names. The Zappy team does not renew or extend domain licensing since it is beyond our scope of services.
However, we are glad to assist you with the domain's purchase, pointing or splitting as needed.

About iFrames and Wrappers: Whilst it is not currently against the law to reference a site into a sub page of a site in the form of an iFrame or Warpper, we strongly recommend that the original publisher of the content be contacted for approval.
The Zappy team does not iFrame web-based applications from external sites since we consider this unethical.

Our preferred method of payment is through zapyzap.com from where the paying customer is redirected to Paypal.com. All major credit cards are accepted. This ensures your payment security and protects your swift transaction.

The fee is the quoted and confirmed to the customer in the information email announcing the publication of the demo.

That amount is due in full by the date indicated, if the customer wishes to purchase the site and have it transformed into a functional site. Failure to comply with payment policy will result in the deactivation of the site or demo.

Customer satisfaction is our priority. Per-estimate orders are offered a 14-day satisfaction guarantee refund policy for the site or any portion thereof. The 14-day period begins on the payment day.

There is no refund possible as of the 15^th day pass the payment date of the site.

Refunds are returned through the originating Paypal account.

Invoices are written in US$ unless otherwise requested.

Security is our utmost concern is this delicate fast-changing industry. Our policies as detailed above are all in place for the smooth running of our operation and to continue to allow us to offer all the Zappy customers a comfortable reliable and guaranteed service with a professional backup. Any breach or attempt to breaching those terms or any regulation in place at zapyzap.com can result in an immediate interruption of service without refund.

The customer is encouraged to submit the Zappy team with any security agreement the customer deems worthy.

We, at zapyzap.com, and our extended Zappy team, pledge full confidentiality concerning activity, and material related to our customers.

We also guarantee that we do not sell email addresses, IP addresses, or any information to any third party.

We look forward to serving you well… offering you a practical website you will be proud of.

the Zappy Team

Zappy Web Designs

Zapyzap.com