Terms of Service

1. Work Guarantee

Zinger Web Design guarantees the delivered website 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 not approved third-party plugins, client website modifications, or other external factors beyond Zinger Web Design’s control or knowledge.

2. Proposal Terms

All price quotes presented by Zinger Web Design (an accredited division of Keeley Consulting Inc.) 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 whenever possible; however, these quotes are 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.

3. 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 a separate authorization.

4. Website Revisions and Hourly Rate

Clients are entitled to two rounds of revisions before the website launch. Additional changes beyond these rounds will be billed at Zinger Web Design’s hourly rate of $90/hour. To streamline revisions, we recommend consolidating feedback during the revision stage. If the client or an agent other than Zinger Web Design attempts to update the website’s pages and causes damage, repair time will also be assessed at the hourly rate.

5. 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 the timely receipt of all necessary elements, content, and the initial deposit from the client. Delays in providing required materials may result in project timeline extensions.

6. Assignment of Project

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

7. 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. If any provision of this agreement is found unlawful, void, or unenforceable, the remaining provisions shall remain valid.

8. Copyrights and Trademarks

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

9. Copyright to Web Pages

Copyright to the completed work of web pages produced by Zinger Web Design belongs to the client. Zinger Web Design retains the right to showcase project elements in portfolios or galleries and reserves the right to place a brand stamp in the footer of web projects for brand recognition.

10. Managed Web Hosting & Website Maintenance

Managed hosting is provided on an annual basis. Should a client choose to transfer hosting to another provider at any point during the annual term, no refunds will be issued for the remaining period of the managed hosting contract. 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 may incur additional development fees if significant work is needed to meet Zinger Web Design’s 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.

11. Annual Managed Hosting & Maintenance Inclusions

Managed hosting includes premium, dedicated website hosting, 24/7 uptime monitoring, daily backup with emergency restoration, security hardening software, and regular updates to WordPress core, authorized plugins, and themes. Content changes or design modifications are excluded and will incur additional charges as applicable.

12. Email Hosting

Zinger Web Design does not provide email support, including setup, troubleshooting, or technical assistance. Clients are responsible for managing email services through external providers. (We recommend Google Workspace for reliable support and service.)

13. Sole Agreement

This agreement represents the entire understanding between the client and Zinger Web Design regarding services. Additional work not specified in this agreement requires written authorization. All prices listed are valid for three (3) months from the agreement date. Continued services after this period will require a new agreement.

14. Initial Deposit and 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 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.

15. 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 by the client during the project.

16. Indemnification

The client agrees to indemnify and hold harmless Zinger Web Design from any liabilities, costs, or legal fees arising from the use of client-provided content or third-party materials included on the website.