Pre-Design & Custom Web Design Services
The following additional terms and conditions shall apply to any and all customer purchases of Basic Design Services, Redesign Design Services, Custom Design Services (as defined below).
1. Description of Basic Design Services, Redesign Design Services, and Custom Design Services
1.1 Zacore LLC will build a Basic, Redesign site and/or Custom design for the Customer (hereinafter referred to as "you or the "Customer") based upon direction and input provided to us by you. The Design, Website Design Service, Redesign Design Service, and the Custom Design Service may be collectively referred to as the "Design Services." Subject to the terms and conditions of this Agreement (which includes this and all other applicable Schedules) and during the term of this Agreement, Zacore LLC agrees to provide to you the Design Services described on the Zacore LLC Website and purchased by you during the sign-up process. Zacore LLC reserves the right to amend its Design Services offerings and to add, delete, suspend or modify the terms and conditions of such Design Services, at any time and from time to time, and to determine whether and when any such changes apply to both existing and future customers.
1.2 Customer hereby grants to Zacore LLC and its vendors and subcontractors all necessary rights and licenses with respect to the Customer's Website or Custom created by Zacore LLC in order to carry out its obligations under this Agreement and to make a reasonable number of archival or back-up copies as deemed necessary by Zacore LLC. Zacore LLC is not responsible for archiving documents, graphic work, physical goods or web pages created for client or documents, graphic work, physical goods or files which are mailed, email or faxed to Zacore LLC. Zacore LLC is not responsible for returning any files, documents or physical goods emailed, faxed or mailed to us.
1.3 The Custom Design Service is an offering whereby customers can request that Zacore LLC create and design a Custom (each, a "Custom Design" or "Design"), revise those Designs (each, a "Revised Design") and obtain responses (each, a "Response") to those Designs or Revised Designs from design experts retained by Zacore LLC ("Designers"). Zacore LLC will provide you, as the Customer, the service according to the package you have chosen. Your Responses will be created iteratively through a drafting cycle of Designs, Revised Designs and Responses, ultimately resulting in a final Response conforming to your various Design and Revised Designs.
1.4 The Basic Design Service is an offering where by a Customer can request that Zacore LLC assist them with choosing a basic predesigned theme for the design of a Website using Zacore LLC Website building tools.
1.5. The Redesign Design Services is an offering whereby a Customer can request that Zacore LLC assist them with the redesign of their current web site. If you purchase Redesign Design Services, you agree that you take full responsibility for all content suggested or supplied to Zacore LLC for inclusion on web document(s), advertisement(s) or any form of media. Customer is held legally liable for the supplied content. Website
1.6. Custom Design Services. As part of the Custom product group, your design may be dictated by a Statement of Work. This level of service is an offering whereby a Customer can request that Zacore LLC design and create a Website for them using sophisticated graphics, advanced layouts and other features. This level of Custom design is not based from and template. The Customer will receive a custom Website designed and developed by Zacore LLC. Although Zacore LLC will custom design your Website, your Website may contain some features and design elements used in other Websites designed by Zacore LLC. If your design falls into this group, in addition to the terms and conditions set forth in this Services Agreement and this Schedule, the Customer shall be bound by the terms of the Statement of Work which shall be prepared by Zacore LLC and mutually agreed to by Customer and Zacore LLC. The Statement of Work may contain, but may not be limited to, a list or description of the services our Designers will provide you as part of the Custom Design Services, a list of technical, graphic or other special features that will be incorporated into your Website, the schedule for delivery of the Final Product, applicable fees and payment schedule, and a description of any applicable cancellation fee or policy. This Statement of Work shall become a part of this Services Agreement and shall be subject to all terms and conditions of the Services Agreement.
2. Your Obligations. In order for Zacore LLC to perform the Design Services in accordance with this Agreement, you shall be responsible for doing the following:
2.1 Providing Zacore LLC with all information requested by Zacore LLC as well as any custom images (including, but not limited to, design, pamphlets, brochures, Customs, and other images) that the Customer wishes to use in connection with development of your Website, Redesign site or Custom Design.
2.2 Contacting Zacore LLC promptly to make changes, modifications, and enhancements to your Website, Redesign site, or Custom Design starting from the date of sale.
2.3 Contacting Zacore LLC promptly with notice of Customer's decision to cancel or discontinue the Design Services starting from the date of sale.
2.4 Obtaining Internet connectivity to access your Website, to send and receive email, and to otherwise access and utilize the Internet.
2.5 To the extent that Customer gathers any personal information about visitors to your Website, Customer will not share that personal information with any third party without first obtaining a visitor's consent.
2.6 Ensuring that the Website content provided by Customer does not infringe or violate the Intellectual Property rights (including, but not limited to, trademarks, trade names, copyrights, patents, domain registration rights, and trade secrets) or any other right of any third party (including, but not limited to, rights of privacy and contractual rights), and acquiring any authorization(s) necessary to use intellectual property or other proprietary information of third parties. By using the Design Services, Customer represents and warrants that any name or word submitted to be used as all or part of the URL associated with your Website does not infringe any trademark or domain name rights of any third party.
2.7 Ensuring the accuracy of materials provided to Zacore LLC, including, without limitation, Website content, descriptive claims, warranties, guarantees, nature of business, and contact information for the Customer.
2.8 Agree that all materials must be provided to Zacore LLC to complete a design project which must be received within the first 6 months of the start date. The project will terminate after a 6 month period and the final amount owed will be voided If applicable and any down payments made will not be refunded.
2.9 During any stage of the design process, a designer or project manager will be working with you to gather information to start, feedback to revise, or approval to complete your Redesign Website. Prompt response will be necessary for the project to move forward in a timely manner. If a response is not received from the client for more than 60 days, the design project is considered "abandoned" and payment is surrendered in full.
3. Information and Content You Provide. If you provide any information that is untrue, inaccurate, incomplete or not current, or we have reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, Zacore LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Design Services (or any portion thereof).
4. Non-Interference By You. Customer will use the Design Services in a manner which does not interfere with or disrupt other network users, services, or equipment, and Zacore LLC reserves the right to terminate or suspend the Design Services without notice if such interference is determined by Zacore LLC to exist. Such interference or disruption includes, but is not limited to:
4.1 wide-scale distribution of messages, including bulk email or unsolicited spam email, or wide-scale distribution of messages to inappropriate mailing lists, newsgroups, or other public or private forums,
4.2 propagation of computer worms or viruses, and
4.3 use of the network to make unauthorized entry to other computational, information, or communications devices or resources. This includes unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission.
5. Unauthorized or Inappropriate Use.
5.1 Zacore LLC reserves the right to deny, terminate, or suspend Design Services without notice if, in Zacore LLC' sole discretion, the Design Services are used by Customer in a manner that violates or may violate the following standards or the AUP, and Zacore LLC reserves the right to reject, alter, modify, or remove Customer's website, website domain name, URL address, or any website content (including, but not limited to, any language, words, text, photographs, designs, drawings, graphics, images, symbols, or Customs) which Zacore LLC in its sole discretion deems to be in violation of the AUP or (i) an infringement on or a mechanism designed to facilitate the infringement of a propriety interest of any third party, including without limitation, any copyright, trademark, domain registration right, trade secret, or patent right, or (ii) stating or implying that the Website is placed by Zacore LLC or any party with a contractual relationship with Zacore LLC, or that such parties endorse the Customer's products or services, or (iii) pornographic or obscene.
5.2 Zacore LLC neither sanctions nor permits hosted site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity. Zacore LLC reserves the right to immediately suspend or terminate any site or transmission that violates this policy, without prior notice. In the event of such termination, Customer agrees that the unused portion of any fees Customer may have paid for any services rendered to Customer by Zacore LLC are an appropriate recompense to Zacore LLC for the time required to respond to and address issues created by Customer's illegal or obscene site/content, and Customer agrees not to seek recovery of those fees. Further, should Customer violate this Agreement or the AUP, Zacore LLC will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about Customer, Customer's website, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content.
6. Additional Indemnification Obligations. In addition to your indemnification obligations set forth elsewhere in this Agreement, you agree to defend, indemnify, and hold harmless Zacore LLC and each of its officers, directors, employees, agents, affiliates, co-branders or other partners, and employees of any of the foregoing, from, against, and in respect of: (i) any and all losses, damages or deficiencies resulting from any third party claim in connection with your Website (including, but not limited to, Website content) or the URL and (ii) all costs and expenses incident to any and all actions, suits, proceedings, claims, demands, assessments, or judgments in respect thereof regardless of the merit thereof, including reasonable legal fees and expenses (whether incident to the foregoing or to Zacore LLC' enforcement of said rights or defense and indemnity).
7. Ownership of Your Content. With the exception of your ownership interest in the information, materials, images, photos and other content that you provide to us for inclusion in your Website, ownership interest to your Website, including, but not limited to, the HTML coding, scripting, copyrights, visual layout, appearance and design and all other intellectual property rights, shall be with Zacore LLC and Zacore LLC grants you a non-exclusive, revocable license to use these design elements and related applications. However, with respect to Zacore.com's Custom Design Services, the following terms and conditions apply to ownership rights:
Subject to your compliance with this Service Agreement, you shall own the final Custom work product provided to you by Zacore LLC (the "Final Product"). You shall not, however, own any materials, media or other content generated during any revision cycles leading up to the Final Product, and Zacore LLC expressly reserves all right, title and interest in and to the same. You acknowledge and hereby grant to Zacore LLC a royalty-free, irrevocable exclusive worldwide right to use Designs, Revised Designs, initial artwork concepts, website mockups, revisions, individual Responses provided to you, and the Final Product for internal and archival purposes, and in order to display, market, and promote the Zacore LLC Design Services. Zacore LLC retains the rights to all artwork concepts and other content not selected by you. You acknowledge that your ownership rights under this Service Agreement are limited to the Final Product, and that no trademarks or service marks in or to any Final Product are being conveyed under this Service Agreement. You hereby acknowledge that Zacore LLC shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the Final Product. Accordingly, you are encouraged to perform your own independent searches with regard to the Final Product. Furthermore, you acknowledge that Zacore LLC shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection (i.e., without limitation, trademark or copyright registration) for the Final Product, nor shall Zacore LLC be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to the Final Product.
8. Fees and Payment Terms. Fees for the Design Services selected by you will be on a pre-paid basis, due and payable at the beginning of the term (meaning at the beginning of the first year and thereafter at the beginning of each month), unless (at time of your purchase) we provide you with the ability to pay for the first year of your subscription on a monthly basis (in which case we will charge your credit card at the beginning of each monthly period during your first year subscription) or unless another fee or payment structure is mutually agreed to by you and Zacore LLC in writing, namely, the Statement of Work. You agree that in the event you terminate your subscription to the Design Services prior to the completion of your first one-year commitment, you will not receive a refund of any fees paid and, in the event we have permitted you to pay on a monthly (or other payment-over-time) basis, you will be obligated to pay us for the balance of your total first-year fees (for which you agree we may charge your credit card on file). After your first year's subscription, we will continue billing your credit card at the beginning of any and all subsequent monthly terms until such time as you or we terminate the Design Services. Zacore LLC reserves the right to charge you, and you agree to pay, the applicable design fees for the Custom Web Design Services upon the earlier of: the date of publication of your Website, or 60 days after the date of your purchase of any Standard Web Design Product. If you purchase a Custom Website Design and Zacore LLC has waived your initial design or set up fee or offered you a discounted set up or design fee, Zacore LLC shall have the right to charge you, and you agree to permit Zacore LLC to charge your credit card $250.00, should you choose to cancel the Custom Website Design within 180 days from the date of purchase and after Website design work has started.
9. Suspension and/or Termination. If you breach any term of this Agreement including, but not limited to, this terms of this Schedule or the Acceptable Use Policy, Zacore LLC may, in its sole and exclusive discretion, suspend or terminate your Design Services immediately and without notice to you. In addition to your obligation to pay any set up and applicable fees for the Design Services, Design Services fees may continue to accrue on suspended accounts and you will continue to remain responsible for the payment of any Services fees that accrue during the period of suspension.
10.Defamation and Legal. The client herein (you) agrees to forfeit any refunds for defamatory statements made by you which can be damaging to our company. Defamation of character is defined as “the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give Zacore LLC a negative image.” Any defamatory statements made by you online or offline that causes damage to our company’s reputation or financial assets, whether slander or libel will be subject to immediate termination of any Design Services and will be held liable for any financial losses. You agree to pay any legal and judgment fees associated with any court cases submitted against or by Zacore LLC based on any oral statement, published, that is defamatory to a our company which is considered slander or libel. You agree to allow Zacore LLC to make an attempt to resolve any issues that arise in the process of using our Design Services. Should you deny any reasonable attempts made by Zacore LLC to resolve any issues in regards to our Design Services, you also agree to have your Design Service terminated along with any Hosting Accounts and Domain names associated with it and not hold Zacore LLC liable for any refunds, legal or judgment fees.
11. Refunds. Refunds are not available for Design Services once you have approved your design. Refunds to design projects that have begun development will be rewarded on a case-by-case basis. This depends on the hours allotted to your project already, and the balance of work provided to you thus far. Please understand that any work performed on your project will not net a full refund. Partial work performed will be refunded at an hourly rate of $100/hour, regardless of completion of work, delivered copies of work, or installation of work. Partial refunds will be provided for projects cancelled after work has been started. We will refund all charges to the same form of billing requested at start of project.
The following additional terms and conditions shall apply to any and all purchases of Web Hosing or Hosting Services (as defined below).
1. Description of Service
Zacore LLC may make available for purchase, from time to time, a variety of hosting packages named web hosting (Shared) or Hosting, stand-alone hosting services and optional add-on services, as published on the Zacore LLC website (collectively, "Hosting Services"). Subject to the terms and conditions of this Agreement (which includes this and all other applicable Schedules) and during the term of this Agreement, Zacore LLC agrees to provide to you the Hosting Services you purchase during the sign-up process. Zacore LLC reserves the right to amend its Hosting Services offerings and to add, delete, suspend or modify the terms and conditions of the Hosting Services, at any time and from time to time, and to determine whether and when any such changes apply to both existing and future customers.
2. Fees and Payment Terms
2.1 Billing for Hosting Services shall be by valid credit card (acceptable to Zacore LLC) at the time of purchase at the fee set forth on our Website. Your monthly and annual payments for Hosting Services shall be automatically charged to the credit card provided by you (and acceptable to Zacore LLC) at the time of your purchase (with such payments being charged in advance on a monthly or annual basis, as applicable) each month or annually, as applicable ("Hosting Services Fee"), and you hereby agree that Zacore LLC is authorized to charge your credit card. Zacore LLC, in its sole discretion, shall determine the prices it will charge for the Hosting Services, and the terms and conditions applicable to the same, and Zacore LLC may, upon providing thirty (30) days' prior written notice to you by email, amend such pricing and/or terms and conditions. If you do not agree to any such pricing and/or terms and conditions change(s), you may terminate this Agreement (or cancel your Hosting Services, as applicable) as provided herein within such thirty (30) day period; otherwise all such changes shall thereafter be effective with respect to your account, and you agree that we are authorized to charge your credit card for any new Hosting Services Fee, on the next monthly or annual (as applicable) payment cycle.
2.2 In addition to recurring service fees, Zacore LLC may charge set up fees and other one-time fees for any optional services as set forth on our Website and/or described in this Schedule (collectively "One-time Fees"). Billing for One-time Fees shall be by valid credit card (acceptable to Zacore LLC) at the time of purchase at the price set forth on our Website. Your One-time Fees shall be automatically charged to the credit card provided by you (and acceptable to Zacore LLC) at the time of your purchase, and you hereby agree that Zacore LLC is authorized to so charge your credit card. Zacore LLC, in its sole discretion, shall determine the prices it will charge for all One-time Fees. Should you decide to transfer your website created or designed by Zacore LLC to another hosting company without a prior (30) day notice, there will be a $400 penalty fee.
2.3 Zacore LLC will charge you a Processing Fee if you terminate or cancel any package prior to the completion of any limited money-back guarantee time period for that package. You authorize Zacore LLC, in its sole discretion, to charge the credit card provided by you at the time of your purchase or forward an invoice to you immediately upon any such termination or cancellation of an annual Hosting Services package for the amount of the Processing Fee.
2.4. Zacore LLC will suspend your account if you request a chargeback on your credit card for automatic charges to your credit card for excess data transfer usage (see Section 6 below).
3. Term and Termination
3.1 Term. Your Hosting Services shall be either (i) on a month-to-month basis for successive monthly periods, (ii) if you have selected our auto-renew feature, on a year-to-year basis for successive yearly periods, or (iii) if you have not selected our auto-renew feature, for a one-time annual period, all unless either party notifies the other of termination or cancellation in accordance with this Agreement, and subject to the then-current terms and conditions of this Agreement at the time of any renewal of your Hosting Services.
3.2 Cancellation. Subject to your obligation to pay any applicable Processing Fees, you may cancel your Hosting Services at any time. To cancel your Hosting Services you must submit your written notice of cancellation to Zacore LLC (as provided herein) and include the following information: (i) Your Zacore LLC customer identification number and username; (ii) the registered domain name, if any, associated with your Hosting Services; and (iii) your reason for requesting cancellation. Should you decide to re-activate your hosting account after it has been terminated you will be charge a fee determined by our data center to restore all files and account settings from our backup server. Domains that have been registered for free associated with a (request to cancel) hosting account will remain in ownership of Zacore LLC until the expiration date. You may request a domain transfer to another registrar for a prosessing fee of $250 and this also releases us from ownership of the domain. Unless otherwise agreed to in writing (in either paper or electronic form), your Hosting Services will be canceled as of the expiration of the monthly billing cycle in which your notice was received. Unless terminated earlier as provided herein, this Schedule, and the Agreement if you have no other services with Zacore LLC, will be terminated as of the cancellation of your Hosting Services.
3.4 Upon any termination of this Schedule or the Agreement for any reason, Sections 2, 3.4, 4, 5, 6, and 7 shall survive termination.
4. Additional Warranty Disclaimers and Limitations of Liability
4.1 ADDITIONAL DISCLAIMER. ZACORE LLC IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM YOU OR STORED BY YOU OR ANY OF YOUR CUSTOMERS VIA THE SERVICES PROVIDED BY ZACORE LLC.
4.2 Information obtained by you from the Internet may be inaccurate, offensive or in some cases illegal. Zacore LLC has no control over information contained on the Internet and accepts no responsibility for any information that you may receive or transmit via the Internet.
4.3 You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you disseminate or display in connection with your use of the Hosting Services or obtain from the Internet.
4.4 You agree that if Zacore LLC takes any corrective action under this Agreement in response to your or your end users' actions or failures to act, that corrective action may adversely affect you or your end users and you agree that Zacore LLC shall have no liability to you or your end users due to any corrective action taken by Zacore LLC.
4.5 You agree that Zacore LLC has no obligation to back-up any data related to your website unless Zacore LLC expressly agrees otherwise in writing (or has expressly stated so on our Website). You agree that you will regularly back-up your data whether or not Zacore LLC agrees to or actually does back-up any data.
5. Restrictions on Use
5.1 Zacore LLC does not intend to and shall have no obligation to systematically monitor the content that is submitted, stored, distributed or disseminated by you via the Hosting Services (the "Content"). Your Content includes content of your end users and/or users of your website. Accordingly, you are responsible for your end users' content and all activities on your website. Zacore LLC, in its sole and exclusive discretion, may immediately take corrective action, including, but not limited to, removal of all or a portion of your Content and suspension and/or termination of your Hosting Services, in the event of notice of any possible violation of this Agreement or the AUP by you or your end users. You agree that Zacore LLC will have no liability to you or any of your end users due to any corrective action that Zacore LLC may take and that you will not be entitled to a refund of any fees paid in advance prior to the corrective action. You agree to the additional restrictions of use for the ancillary services provided by Zacore LLC in conjunction with the Hosting Services that are found in other schedules to this Agreement.
5.2 You warrant that your Content does not violate or infringe any copyright, trademark, patent or intellectual or other proprietary property right of any third party or contain any obscene or libelous material or otherwise violate any law or regulation.
5.3 Your use of networks or computing resources provided to Zacore LLC by third party providers and made available to you as part of the Hosting Services is subject to the respective permission and usage policies of such third parties.
5.4 You expressly (i) grant to Zacore LLC a license to cache the entirety of your Content and your Website, including content supplied by third parties, hosted by Zacore LLC under this Agreement, and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
5.5 You agree that you will not exceed the bandwidth or storage space limits applicable to the Hosting Services purchased, as set forth on our Website. You agree that if you do exceed either of such limits, Zacore LLC, in its sole and exclusive discretion, may immediately take corrective action, including, but not limited to, assessment of additional fees and/or suspension and/or termination of your Hosting Services. You agree that Zacore LLC will have no liability to you or any of your end users due to any corrective action that Zacore LLC may take and that you will not be entitled to a refund of any fees paid in advance prior to the corrective action. In addition, you agree not to use our Hosting Services primarily as online storage space for archived electronic files. If we detect that you are using our Hosting Services to archive files, you agree that Zacore LLC may suspend or terminate your Hosting Services without liability.
5.6 For the "Unlimited" shared Hosting Services, there is no bandwidth or storage space limit. However, "Unlimited" shared Hosting Services are not intended to support the hosting needs of large enterprises that require large bandwidth and storage capabilities. To insure that our shared hosting is reliable and available for all of our business users, your usage cannot adversely affect the performance of other customers' sites. Using our "Unlimited" shared Hosting Services primarily as online storage space for archived electronic files is prohibited. You agree that if your bandwidth and storage space usage adversely affects other customers on our shared hosting platform, Zacore LLC may suspend or terminate your Hosting Services with out liability.
6. Data Transfer Overage Charges
6.1 You agree that you will not exceed the data transfer (bandwidth) or storage space limits applicable to the Hosting Services purchased, as set forth on our Website. You agree that if you do exceed either of such limits, Zacore LLC, in its sole and exclusive discretion, may immediately take corrective action, including, but not limited to, assessment of additional fees and/or suspension and/or termination of your Hosting Services. You agree that Zacore LLC will have no liability to you or any of your end users due to any corrective action that Zacore LLC may take and that you will not be entitled to a refund of any fees paid in advance prior to the corrective action.
6.2. Excess bandwidth usage cannot be purchased by you in advance.
6.3. If you exceed your data transfer limit in the last 24 hours of any given month, Zacore LLC will not charge you additional fees so long as the data transfer overage does not exceed 25GB.
6.4. For the Hosting , you agree that Zacore LLC may automatically charge your credit card for the bandwidth overage fees. You may opt-out of automatic charges to your credit card by contacting Customer Service. If you opt out of the automatic overage charges, you risk account suspension if you exceed your allotted amount.
7. Other Terms and Conditions
7.1 The Hosting Services we provide under this Agreement may incorporate other products or services that we provide, or products or services provided by third parties with whom we have a business relationship ("Additional Services"). Your use of these Additional Services may be subject to a separate application and/or approval process and you reaching separate agreements with us or with third parties. (For example, if you desire to accept credit card payments through a website you establish via the Hosting Services, your relationship with the third-party merchant account provider may be subject to an application and approval process and you reaching a separate agreement with such provider.) Some of these separate agreements may require you to pay fees in addition to the fees that you pay us for the Hosting Services. We will strive to let you know when your receipt of Additional Services will require you to enter into a separate agreement, whether with us or with a third-party, and whether such separate agreement will require you to pay additional fees. Additionally, depending on the services you elect to receive, you may be responsible for establishing and maintaining a commercial banking relationship with a financial institution. The terms of any such relationship shall be between you and the financial institution and will not necessarily reflect or incorporate terms of any agreements we may have with the institution. Further, you agree that our third party vendors providing any services as part of the Hosting Services, and their successors, are intended third-party beneficiaries under this Agreement and will be entitled to enforce your obligations under this Agreement. Finally, you acknowledge and agree that other Schedules in this Agreement may apply to the various services included in your Hosting Services package (for example, Schedules related to domain name registration, email, Private Registration, etc.), and that you have read and you agree to be bound by the additional terms and conditions in those Schedules.
7.2 You agree that any domain name directory, sub-directory, file name or path (e.g. ) that does not resolve to an active web page on your Website being hosted by Zacore LLC, may be used by Zacore LLC to place a "parking" page, "under construction" page, or other temporary page that may include promotions and advertisements for, and links to, Zacore LLC' Website, Zacore LLC product and service offerings, third-party Websites, third-party product and service offerings, and/or Internet search engines. You agree that Zacore LLC may change the content and/or appearance of, or disable any of these temporary pages at any time, in its sole discretion, and without prior notice.
7.3 For the Hosting services, Zacore LLC may also offer Hosting "Signature" technical support services in addition to providing its standard support services. "Hosting Signature Support Services" are available to assist you with complex technical functions and issues related to the hosting services and are available for a fee that will be charged to your credit card based on the amount of support time used. Zacore LLC makes no warranties with respect to any technical support services provided to you and you are solely responsible for the management of your hosting system, server software and applications.
Print & Graphic Design Services
The Zacore LLC Satisfaction Guarantee
Zacore LLC stands behind the quality of its products and services. If you are not 100% satisfied with your purchase from us, simply contact Customer Service by phone at 877-357-7770 within 7 days from the date you receive it (or the date it was scheduled to arrive), and we will reprint part or all of your order. In some cases, we may refund the full price of the product(s) in question, excluding shipping, postage and processing costs.
Zacore LLC is committed to customer satisfaction, and we do everything possible to ensure proper cutting, accurate color reproduction, and excellent printing quality. However, certain circumstances are beyond our control and are not covered by this guarantee. Please note that we cannot be responsible for:
This guarantee is also subject to a few other terms and conditions:
Please preview your designs carefully and correct any issues prior to placing your order.
All prices and amounts shown on this Site are in U.S. Dollars (USD), unless otherwise noted. If a User submits a request by phone to purchase printing products, mailing services, design services or other services, the User agrees that all charges, taxes and shipping and processing fees will automatically be charged to the credit card or paid by User with an approved payment method. Such amounts will be disclosed by phone.
Once a print job has been approved by customer, no changes are allowed to the artwork files, job characteristics, or printing turnaround time. After a print job has been sent to Zacore LLC’s prepress department, the customer is responsible for paying the entire amount of that print job along with applicable taxes, shipping, and processing fees, unless otherwise noted. In some cases, a refund may be extended to the customer if no work has been done by Zacore LLC on that print job.
Please note that no work will proceed on any print job in your order until full payment is received by Zacore LLC.
All purchase requests must be submitted with an approved payment method unless otherwise expressly stated. Approved payment methods include any of the following methods:
Our Sales Tax Policy
Zacore LLC is required to collect sales tax on purchases shipped to California and Pennsylvania , states where we currently have business operations. For orders shipped to California and Pennsylvania , tax is calculated based on the printing and finishing product subtotal.
If tax was charged on your order and you would like to claim tax-exempt status, you can request an adjustment for the amount of sales tax charged by sending in documentation of your tax-exempt status. Before or after placing your order by phone, please email a copy of your tax-exempt certificate to email@example.com. After receiving your certificate, we will send you a confirmation Email.
Color Accuracy and Hardcopy Proofs
Zacore LLC will reproduce color from submitted print-ready files as closely as possible, but cannot exactly match color and density (as viewed in a 5000K light booth) because of limitations in the printing process, as well as neighboring image ink requirements.
The accuracy of each color reproduction (of the final printed product) is guaranteed to be within 90% of the final proof you approved or Zacore LLC will reprint your job at no charge to the customer. Please note that Zacore LLC cannot guarantee color reproduction for your print-ready files if you: (a) did not request a hardcopy proof; or (b) purchased a product that does not feature a hardcopy proof option. Please note that we accept no responsibility for color variations between submitted print-ready images and the actual artwork or product they represent.
If you order a “Next Day Hardcopy” proof, your order must be placed, all files uploaded, and all files approved by 1:00 P.M. PST ( 4:00 P.M. EST ) in order for us to promise a next day delivery. If you order a “Next Day Hardcopy” Proof and you order a booklets, catalogs, newsletters or calendars product, our cut off time is 9am PST for these products. If you want more than one Hardcopy proof per job, we reserve the right to charge an additional $15 per page (for booklets and other multi-page products) or an additional $15 per proof (for all other products).
Our prepress department checks most artwork files before printing, but you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files carefully before submitting to Zacore LLC. As postal regulations are subject to change, you are also 100% responsible for complying with current mailing restrictions for your layouts. Check with your local Post Office. Please note that we have created file preparation guidelines and product templates to assist you in creating print-ready files, and we also offer file preparation support services.
You certify that you have the right to use the image(s) in your artwork files. DO NOT send any "one-of-kind" transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork.
Under these Terms and Conditions, you agree that you will NOT upload any artwork files consisting of the following material: any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable.
Printing Turnaround Time
For printing jobs that do not have complete digital source files provided, printing turnaround begins when we have your print-ready file(s) for your print job, not from when the order is first submitted.
If your job or proof is approved by 6:00 P.M. PST ( 9:00 P.M. EST ), printing turnaround time begins that business day. For example, a job for three-day printing turnaround that you approved by 1:00 P.M. PST on Tuesday will be shipped out to you by end of business Friday. Please note that Zacore LLC offices are closed Saturdays, Sundays and Holidays. As a result, these days are not considered when calculating printing turnaround time. In addition, printing turnaround time does not include shipping transit time, and you should allow additional business days for delivery based on the shipping method you selected.
To qualify for same day printing turnaround time for club card flyer product, your order must be placed, all files uploaded, and all files approved by 9:00 A.M. PST ( 7:00 A.M. EST ). If an order qualifies for same day printing turnaround, it will be shipped or ready for pick up by 5:00 P.M. PST ( 5:00 P.M. EST ) the same business day. Orders with same day printing turnaround placed on Saturdays, Sundays or Holidays will be processed on the next business day.
Printing turnaround time for jobs with approved payment and accepted print-ready files is guaranteed. The remedy for failing to meet a deadline is limited to a refund of any rush charges or a courtesy rush on your next order. Cancellation of an order based on printing turnaround time is only allowed if the customer indicates in writing (e.g., note posted to order) when placing the original order that a job in the order is time sensitive and must be shipped by target date based on printing turnaround option selected.
Unless you choose Pick Up or Mailing Services, you need to select one of the shipping options presented to you.
All shipping except Special COD is currently done via UPS. When choosing a shipping option, please remember that the estimated shipping transit time is based on the number of business days in transit and does not include weekends, holidays or the day the package is picked up by UPS. For instance, a product shipped 2 nd Day Air and picked up on a Thursday would be delivered by end of day Monday.
For Special COD delivery (i.e., Air Cargo, Greyhound, or other shipping methods), there is a processing fee paid to Zacore LLC at time of purchase for making all necessary arrangements with the carrier. In addition, the customer pays the shipping charge at time of delivery. The Special COD shipping charge is set by the carrier, and orders shipped by COD must be picked up at the carrier’s location. Delivery to your door is not included or available when you select Special COD shipping options.
Shipping transit times vary, and Zacore LLC assumes no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc.
Pick Up orders will be held for 30 days at our facility. After 30 days, we will recycle your order.
You agree that shipping terms for all Zacore LLC products are shipped “Freight On Board Shipping Point” or “F.O.B. Shipping Point" – Title and Risk of loss transfers to you at time of shipment or pickup.
Target arrival dates are calculated by adding the printing turnaround time to the shipping transit time. If you are requesting a Hardcopy Proof, we already factor in additional time to reach your target date. For Standard Hardcopy Proof, expect approximately six business days to receive and approve your proof. For Next Day Hardcopy Proof, expect two business days. Both printing and shipping times are based on business days only and do not include weekends or holidays.
For example, a product with a printing turnaround time of two business days and a shipping method of 2 nd Day Air would have a target arrival date four business days after your files have been received by us.
The cut off time for accepting files is 6:00 P.M. PST ( 9:00 P.M. EST ). If your files are in by that time, we will commit to printing and shipping your product within the selected timeframe.
Please understand that target arrival dates are estimates, not guarantees. While we will do everything in our power to meet your target arrival date, weather and other occurrences beyond our control may impact our ability to meet that date.
Customer's mailing list(s), while in the possession of Zacore LLC, is the exclusive property of the customer and shall be used only with customer's instructions. Customer's mailing list(s) will not be sold or offered for use to any other party, and Zacore LLC will not utilize the list for any other purpose.
All mailing delivery dates are estimates, not guarantees. Zacore LLC’s responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service (“USPS”). Zacore LLC’s responsibility ends when the job is delivered to the Oakland ,California Business Mail Entry Unit. In no event shall Zacore LLC be liable for USPS performance failures or delivery delays.
Zacore LLC shall be liable to rectify printing and mailing errors only to the extent of re-mailing a correction or corrected job as soon as possible, and allowable damages shall be limited to the value of the printing work performed. In no case is Zacore LLC liable for loss of business; incidental or consequential damages; or costs in excess of billing for services related to the specific job.
The customer will defend and hold Zacore LLC harmless in any suit or court action brought against Zacore LLC by others for alleged damages, costs, expenses (including reasonable attorney's fees), liabilities or losses resulting from circumstances where Zacore LLC, acting as the customer's agent, uses copy, photographs, or illustrations that are believed by others to be degrading, libelous or harmful to their reputations, images, or standing in the community or which in Zacore LLC’s sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others, or in a suit or court action brought against Zacore LLC for actions of the customer's employees which may occur as a result of any mailing.
Mailing lists purchased by the customer through Zacore LLC.com are non-refundable.
All sales are final, unless otherwise noted. No refunds are given once Zacore LLC begins working on your order, which means Zacore LLC has received your necessary materials (i.e., digital files and payment) and started work on your job (i.e., your job is in production).
Within 30 days of purchase, a partial or full refund may be extended to the customer if no work has been completed by Zacore LLC. Please note that such refund would be reduced to cover any fees charged for proofs, processing or other services associated with that order.
To be sure we are successful at meeting customer-requested turnaround times, Zacore LLC actively maintains materials inventory and staff, and schedules time on all equipment for orders that have been placed. Orders that are not sent to press by the customer within 5 days of order incur additional equipment, labor and inventory costs for Zacore LLC. Orders not sent to press by the customer within 90 days of the order being placed will be non-refundable and will incur a fee of 12.5% of the original job total for each 30 day period thereafter until 100% of the original job total has been accrued in fees.
All materials we create in producing your printed product are the property of Zacore LLC. Although these materials will NOT be sold or given to any other party, we reserve the right to distribute free samples of your printed product. Please note that your printed product or images used for your printed product will not be used in any national advertising without your prior written consent.
Refer To Contract Given.
Zacore LLC is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
What we collect
We may collect the following information:
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act. A small fee will be payable. If you would like a copy of the information held on you please email us at firstname.lastname@example.org.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.