Terms of Service

Zinger Web Design Terms of Service

Agreement to Terms (Updated September, 2025)

By confirming a project and/or making payment of the initial deposit invoice, the client acknowledges that they have read, understood, and agreed to these Terms of Service. Payment of the deposit serves as acceptance of this agreement and constitutes engagement of Zinger Web Design to provide the outlined services.

  1. Work Guarantee

Zinger Web Design guarantees the delivered website’s functionality for 30 days if the client elects not to use our managed hosting and maintenance service and chooses to maintain the website independently. If the website is maintained by Zinger Web Design’s managed hosting and maintenance service, the website is guaranteed for the duration of that contract agreement. This guarantee excludes issues caused by unauthorized third-party plugins, client website modifications, hosting provider changes, or other external factors beyond Zinger Web Design’s control or knowledge.

  1. Proposal Terms

All price quotes presented by Zinger Web Design are based on initial discussions, requirements, existing web properties, and client requests. Zinger Web Design will make every effort to adhere to the presented price quote; however, all quotes are considered good-faith estimates only. Any changes made by the client to the original project scope may incur additional costs, subject to review and potential price adjustments. All additional costs will be presented to the client for approval prior to any further work being completed.

  1. Required Managed Hosting & Maintenance

To ensure long-term stability, security, and performance, all web design and development projects include enrollment in our Managed Hosting & Maintenance service, outlined as a line item in project quotes. This service is a standard part of every build and is required for all new web design clients. It allows us to provide a consistent, reliable environment where we can properly support and maintain your site.

  1. Included Web Elements

As outlined in the project proposal, Zinger Web Design agrees to provide the services necessary to achieve the website objectives. Any additional work outside of the agreed proposal scope will require separate written authorization.

  1. Website Revisions and Hourly Rate

Clients are entitled to two rounds of revisions before the website launch. A “round of revisions” is defined as one consolidated list of changes submitted by the client. Additional rounds or requests beyond this limit will be billed at Zinger Web Design’s hourly rate of $100/hour. If the client or any third party attempts to update the website and causes damage, repair time will also be billed at the hourly rate.

  1. Targeted Completion

Zinger Web Design and the client must work collaboratively to complete the website in a timely manner. We commit to working expeditiously to deliver the website within 6–8 weeks, contingent upon timely receipt of all required elements, content, and the initial deposit. Project timelines are targets, not guarantees, as delivery depends on client responsiveness and third-party factors. Delays in providing required materials may result in timeline extensions.

  1. Client Responsibilities

The client is responsible for supplying all required content, images, and other materials in agreed formats by the requested dates. Delays in providing materials may extend project timelines or result in storage/administrative fees. The client is solely responsible for compliance with all applicable laws relating to the use of the website, including accessibility standards, privacy regulations, and e-commerce requirements, unless explicitly contracted with Zinger Web Design for compliance services.

  1.  Termination & Cancellation

Either party may terminate this agreement with written notice if the other party materially breaches the terms. Zinger Web Design may terminate immediately in cases of non-payment, repeated unreasonable delays, or breach of obligations. Deposits are non-refundable. If the client cancels after work has begun, all completed work to date will be invoiced and payable.

  1. Assignment of Project

Zinger Web Design reserves the right to assign subcontractors of our choosing to ensure the successful completion of all design and technical elements outlined in the project proposal, while maintaining the high standards associated with the Zinger Web Design brand.

  1. Legal Matters and Liability

Zinger Web Design will not be liable to the client or any third party for any damages, including lost profits, savings, or other incidental, consequential, or special damages arising from the operation or inability to operate the website, even if Zinger Web Design has been advised of such possibilities. Our liability will not exceed the total amount paid for our services. We do not guarantee specific search engine rankings, traffic, or business outcomes. If any provision of this agreement is found unlawful, void, or unenforceable, the remaining provisions shall remain valid.

  1. Copyrights and Trademarks

The client warrants that all elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Zinger Web Design are owned by the client or that they have permission from the rightful owner to use them. The client will hold harmless and indemnify Zinger Web Design and its subcontractors from any claim arising from the use of such elements.

  1. Copyright & Ownership of Deliverables

Copyright to the completed work of web pages produced by Zinger Web Design transfers to the client once the project is fully paid. Until final payment, all deliverables remain the property of Zinger Web Design. Any frameworks, processes, or tools created by Zinger Web Design that are not client-specific remain the intellectual property of Zinger Web Design. Zinger Web Design retains the right to: (a) showcase project elements in portfolios or galleries; (b) place a discreet brand credit in the footer of web projects for recognition; and (c) feature the completed project in marketing and promotional materials.

  1. Managed Web Hosting & Maintenance

Managed hosting is provided on an annual basis. Should a client choose to transfer hosting to another provider during the annual term, no refunds will be issued for the remaining period. Clients may request a hosting transfer provided their account is fully paid and a formal transfer request has been submitted by an authorized client contact. Websites not originally built by Zinger Web Design but hosted on our servers are accepted “as is” and may incur additional development fees if significant work is needed to meet our security standards. Zinger Web Design is not liable for issues related to code structure, plugin conflicts, or downtime for third-party websites hosted on our servers. Additional support requests for unauthorized server changes, outdated website errors, or conflicts on third-party websites are billed at $120/hour.

  1. Annual Managed Hosting & Maintenance Inclusions

Our managed hosting and maintenance service includes: premium, dedicated WordPress hosting; 24/7 uptime monitoring; daily backups with emergency restoration; security hardening software; and regular updates to WordPress core, authorized plugins, and themes. Content updates, design modifications, and marketing services are not included and will be billed separately.

  1. Premium Plugin Licenses

As part of our managed hosting and maintenance service, Zinger Web Design provides access to a suite of premium WordPress plugins and tools. These licenses are owned and maintained by Zinger Web Design and are included in your hosting and maintenance agreement for use while your website remains hosted and maintained by us. If at any time you discontinue our managed hosting and maintenance service, Zinger Web Design reserves the right to remove, deactivate, or replace these premium plugin licenses from your website. Should you wish to continue using these tools independently, you are responsible for purchasing and maintaining your own valid licenses directly from the plugin developers.

  1. Email Hosting

Zinger Web Design does not provide email hosting or support. Clients are responsible for managing email services through external providers. We recommend Google Workspace for reliability and support.

  1. Payment Policy

This agreement is initiated with a 50% non-refundable deposit. If client delays exceed 60 days, Zinger Web Design reserves the right to invoice 40% of the remaining balance, bringing the account to 90% of the proposed cost. The final 10% balance is due upon completion and launch. Payments are due upon invoice receipt. Delinquent accounts exceeding 30 days may incur a 5% monthly penalty. Zinger Web Design reserves the right to suspend website access, hosting, maintenance, and plugin licenses until full payment is received. If necessary, collection fees will be the client’s responsibility. This agreement is governed by the laws of Ontario, Canada, with any disputes to be resolved in Dundas, Ontario.

  1. Confidentiality and Data Protection

Zinger Web Design will treat client data as confidential and adhere to all applicable data protection laws. We commit to safeguarding any sensitive information provided during the project. Clients are responsible for compliance with data privacy regulations (e.g., GDPR, CASL, CCPA) regarding personal data collected through their websites.

  1. Indemnification

The client agrees to indemnify and hold harmless Zinger Web Design from any liabilities, costs, or legal fees arising from (a) the use of client-provided content or third-party materials; (b) the client’s use of the website; or (c) any claims related to accessibility, privacy, or regulatory compliance unless Zinger Web Design was explicitly contracted to provide such compliance.

  1. Force Majeure

Neither party shall be held liable for failure to perform its obligations if such failure is caused by events beyond reasonable control, including natural disasters, power or internet outages, strikes, acts of government, or other unforeseen events.

  1. Dispute Resolution

This agreement is governed by the laws of Ontario, Canada. Any disputes shall be resolved in Dundas, Ontario. Before litigation, both parties agree to attempt resolution through good-faith negotiation or mediation. Each party is responsible for its own legal fees.