1 Terms and Conditions The following terms and conditions of use (the "Terms and Conditions") govern your use of the V8, Autoclout, CMS and Communigator CRM Web technology software applications which shall include, without limitation, the home page, splash page, and all other pages under the same top level domain name, and all content thereon (the "Site") as provided by V8, Autoclout, CMS or Communigator CRM, ("Zeanz Ltd" or "we"). We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Zeanz Ltd web site. BY USING THE SOFTWARE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SOFTWARE. By using the software following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions. Proprietary Rights. As between you and Zeanz Ltd (including our affiliates), we are the owner and/or authorized user of any trademark, and/or service mark appearing within the software, and are the copyright owner or licensee of the content and/or information contained within the software, unless otherwise indicated. Except as otherwise provided herein, use of the Software does not grant to you a licence to any content, features or materials you may access in the Software. Except by prior arrangement, all software must remain on Zeanz servers. In the event you, the client, terminate the services of Zeanz Ltd any images purchased or provided by the client shall remain the property of the client. In regards to any design work completed by Zeanz Ltd the Photoshop files relating to that work are the property of the client at all times. Any Photoshop files and images provided by you, the client, will be packaged and returned. A fee may be charged for this. Zeanz file library images and icons remain the property of Zeanz Ltd and can be reproduced by Zeanz Ltd. The V8, Autoclout, CMS & Communigator CRM software and or source remain the property of Zeanz Ltd at all times. The licence grants you permission to use the software on the condition that you adhere to the terms of this licence. If the terms of this licence are broken at any time or in any way, this licence is automatically revoked. No rights or licences are granted other than those set forth in this licence. This licence is not valid unless full payment has been made. Internet Access. You acknowledge and agree that in connection with your use of the site and services you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such access and connection to the World Wide Web, including a computer, software, a modem and a means of connecting to or accessing the Internet. Zeanz Ltd shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Site. You also acknowledge that it is your responsibility to: (a) ensure all your operating systems are regularly upgraded to maintain pace with technology
4 revenue, or anticipated profits or lost business or lost sales, even if Zeanz Ltd or such individual has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall Zeanz Ltd be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the site. In no event shall the total liability of Zeanz Ltd to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or your use of the site exceed, in the aggregate, $ Links from and to the Site. You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by Web sites to which you may link from the Site ("Linked Sites"). Links to Linked Sites do not constitute an endorsement by or association with Zeanz Ltd of such sites or the content, products, advertising or other materials presented on such sites. Zeanz Ltd does not author, edit, or monitor these Linked Sites. You acknowledge and agree that Zeanz Ltd is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites. Applicable Laws. We control and operate this site from our offices in Tauranga, New Zealand. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Modifications to the Site and the Services. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features. We may also impose limits on certain features of the Site or restrict your access to part or the entire Site without notice or penalty. Payment Terms Unless otherwise agreed in writing by both parties we require 50% deposit on job acceptance with the remaining 50% to be invoiced on design sign off or if agreed in writing by both parties, monthly interim payments. Hosting is a monthly payment for providing space on our servers to run your website in an environment that is optimized for the software. Back up of data is covered under this payment. Hosting is payable one month in advance on the website/application being available to send live. Zeanz Ltd is not responsible for a decision by the client to delay this date for any reason. Should monthly payments not be met Zeanz Ltd reserves the right to turn off the website until the account is bought up to date.
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