Terms of Services EazyViral

This site is owned and operated by EAZYVIRAL LTD with registered address: 27, Old Gloucester Street, LONDON, WC1N 3AX, UNITED KINGDOM. By using EazyViral’s services and signing up as a Client for any job, task or project, you, the Client, agree to be legally bound by these Terms & Conditions.

Please, read these terms carefully. By using the products and/or services of EazyViral you agree to abide by these Terms & Conditions.

DESCRIPTION & DEFINITIONS

• EazyViral:

In these terms and conditions, EazyViral, the EazyViral service, all services related to it, and all text, images photographs, user interface, “look and feel”, data and other content included in it from time to time (including, without limitation, the selection, coordination and arrangement of such content) are referred to as “EazyViral”, “EzV”, “us”, “we”, “website” or “service”.

• Client:

“Client” is defined as representing one business (company or entity) or person (sole trader). Client may also be referred to as “himself/herself” or “his/her” or “their” or “site owner” in this document. Client may also be referred to as the staff member, employee, agent or third party on behalf the Client.

• Deliverables:

For each project or job, EazyViral follows a production process that is divided into stages. For each stage, specific deliverables are produced for the client which will be specified in a project brief or a job quote where applicable. A task, job or project will be considered complete where either the Client approves the task, job or project as being completed or where EazyViral determines that the task, job or project is complete according to the project scope or the task/job definition and parameters as set out in a verbal or written agreement.

• Project Scope:

A project scope defines and sets out what work or service or item or feature is to be included and/or completed for the project in question. The descriptions and definitions and parameters in a project scope are intended to be clear to EazyViral and the Client as well as to any third party to judge and finalise the interpretation of any part of a project scope and the relevant task, job or project.

• Estimates:

An estimate is an approximation of the hours or fees required to complete or deliver a task, job or project. Any final invoice or fee for the work approved by a Client based on an estimate will usually be close or similar to the estimated figure excluding variations to the project or changes in the scope. However, an estimate is not a fixed price and should not be viewed by a Client as such. An estimate is a guide to the final price only.

EazyViral will sometimes use an estimate during the early stages of project discussions or for ad-hoc works where Client and EazyViral have together approved this billing/engagement model.

EazyViral will usually follow up an estimate by providing a retainer invoice of invoice where the Client has given a general approval for the estimated fee or cost.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the UK

FORMS AND RESPONSES

• Contact Form:

EazyViral provides an online contact form for Clients to use to contact EazyViral for an enquiry, a callback or a change request. If requested, EazyViral may issue a Proposal with an Estimate or invoice in respect of any deliverable proposed to be provided under these Terms & Conditions. EazyViral may decide, in its sole discretion, to deny a quotation request or information enquiry.

PROPOSALS, ESTIMATES, AND QUOTES:

In response to a request for service or a specific product or service request, EazyViral may produce a proposal that will remain valid and open for acceptance by the Client for up to 30 days, unless otherwise agreed by EazyViral, from the date of issue that may include any of the following:

• Creative Brief / Proposal
• Project Scope
• Job / Task Definition
• Description and Features
• Fees and Charges
• Any other specifics or TOS related to the product, service or special offer

EazyViral reserves the right to withdraw a proposal or quote at any time.

By approving any estimate or project contract, verbally or in writing, a Client agrees to be bound by these terms and conditions and to pay to EazyViral the agreed fees set out in the quote or project contract when EazyViral requests payment or as otherwise set out in the quote or the project contract.

DIRECT DEBIT AGREEMENTS:

Direct Debit agreements may be offered to a Client on a minimum term or no minimum term basis

Clients pay an initial payment on the date and for the amount specified on the Agreement. Debits then commence on the same day of every month (or as per the individual Direct Debit Request agreement).

• Minimum Term:

Should the client want to end their Direct Debit contract before the agreed minimum term as agreed in the Direct Debit Request Service Agreement with EazyViral, the client is liable to pay immediately the full outstanding balance for the remainder of the minimum term plus any debt collection fee and charges as per the “Debt Collection” clause.

• No Minimum Term:

Direct Debits continue ongoing month to month indefinitely until cancelled. Clients may request to cancel their Direct Debit agreement at any time. Clients must give 90 days’ notice when cancelling a no minimum term agreement.

Where the service/work has already been supplied and/or completed, the relevant direct debit charge due for that service/work all payments will continue to be charged and collected from the Client until the required minimum amount due has been paid to EazyViral.

• Cancellation of a Direct Debit Request Agreement:

Should the Client decide to cancel their Direct Debit Request agreement with EazyViral before the minimum term has been completed as agreed with EazyViral, the client is liable to pay the full outstanding balance for the remainder of the minimum term to EazyViral plus any debt collection fees and charges as per the “Debt Collection” clause herein.

MORAL RIGHTS

As a creator of copyright material, EazyViral has the following rights:

To be attributed when its work is used;

Not to have its work falsely attributed to someone else, nor to have the altered work attributed as if it were unaltered; and not to have the work treated in a manner that would prejudice EazyViral’s honour or reputation.

INTERNATIONAL LICENSING REQUIREMENTS

EazyViral may display its own copyright and intellectual property notices on any websites that EazyViral develops and the client (or any third parties related to or engaged by the client) must not remove, obscure, deface or alter such copyright and intellectual property notices except by agreement in writing with EazyViral.

THIRD PARTY

The client agrees that in the provision of web design services by EazyViral we may utilise the services of third party contractors, and that we may pass on to such contractors any information or materials, including design brief and data, provided to us by you.

In the event any material necessary for the production of the project must be passed on to a third party, EazyViral will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party.

EazyViral may accept to maintain and secure a website that is not hosted by EazyViral’s third party. In that case, the client will refer to EazyViral fees and charges for the requested services.

AGREEMENT NON EXCLUSIVITY

The client acknowledges that EazyViral is providing services to the client on a non-exclusive basis and that EazyViral may provide services and products of the same or a similar nature to any other party (provided that in doing so it does not breach privacy).

EazyViral shall be free to reproduce, use, disclose display exhibit, transmit, perform, create derivative works, and distribute any items unless specifically agreed otherwise. Further, EazyViral shall be free to use any ideas concepts know-how or techniques acquired in construction of sites for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and other items incorporating such information unless specifically agreed otherwise.

EazyViral retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, marketing materials, and portfolio. Where applicable the client will be given any necessary credit for usage of the project elements.

WARRANTIES & LIABILITIES

• Limited Warranty

EazyViral provides a limited warranty for websites and systems that are developed and designed by EazyViral. This warranty is valid for up to 90 days from the date of launch of the website or system or from the date that EazyViral determines that the website or system is ready to launch unless otherwise agreed to in writing between the parties. This limited warranty applies to works performed by EazyViral that are “in scope” for a project scope and contracted project or that are clearly specified in the applicable written quote.

Where applicable for any bug or problem or fault with the noted or reported function or element that is covered by this limited warranty where the function or element is deemed to be “not working” when assessed by EazyViral against the project scope or the written quote specifications, EazyViral will “fix” the bug or problem or fault in the website or system at no cost to the Client where EazyViral determines that the bug or problem or fault is because of recently completed works performed improperly or incompletely by EazyViral during the execution of the works in question.

This warranty is voided if the Client or a third party acting on behalf of the Client is issued with FTP or Shell or MySQL or similar access to the website/system hosting or the relevant hosting control panel by EazyViral.

This warranty may be voided if a Client or a third party acting on behalf of the Client installs any extensions or plugins or additional software into the website or system without the express written permission and approval of EazyViral.

This warranty does not include any issues or faults or incompatibilities that are caused by third party software, systems, extensions, plugins or similar.

• Website

EazyViral will ensure that any site or application will function correctly at the time of the website development and going “live” when viewed with the current versions of the following internet browsers; Microsoft Internet Explorer, Mozilla Firefox, Google Chrome and Apple Safari, unless otherwise agreed in writing.

Any warranty or guarantee provided by EazyViral for a website is rendered null and void if the client or any other third party accesses the website or the relevant website server via an FTP connection or hosting control panel.

EazyViral can offer no guarantee of correct function with all browser software in future releases of any internet browser. However, EazyViral will offer and provide a quote for services to modify the website (where possible) to cause the site to correctly function and/or correctly render in the changed version of an internet browser.

Where any Client or agent or party acting for or on behalf of the Client acts on or in the website or system that causes disruption or error to the website or system, EazyViral is not liable and the Client will be liable for any and all costs associated or incurred with fixing the error or disruption.

• Copyright and Intellectual Property

EazyViral is not responsible for the contents and data of any Web Site we design for the client, and upon publication the client must satisfy themselves that the website will comply with all applicable laws, and codes of practice governing the use of websites and related services. This includes the intellectual property and copyright ownership of all material that the client has provided to us.

EazyViral is similarly not responsible for the client’s subsequent use of the site and compliance of various Commonwealth and state legislations.

• Client’s Third Party

EazyViral is solely not responsible for the performance of the product or service if the client installs or orders another third party to install anything such as software that would alter or damage the website and its functionality. Furthermore, the client may be liable for charges or fees incurred by EazyViral for the repair of any product or service if the client or their third party installs any unapproved software into the product or service supplied by EazyViral

• Data and Proofing

EazyViral shall make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final product to the client.

EazyViral is not responsible or held liable for any errors contained in the final product after the final product, this remains the final responsibility of the client.

EazyViral cannot take responsibility for any copyright or privacy infringements caused by materials submitted by the client and reserves the right to refuse use of any such material unless proof of permission is provided if requested.

• Loss

In no event will EazyViral be liable to any party including the client for any indirect, punitive, special, incidental or consequential damage or loss, financial or otherwise, in connection with or arising out of these Terms (including for loss of profits, use, data, or economic advantage), regardless of how it arises. The client will indemnify EazyViral from and against any claim by any party claiming any such damage against EazyViral.

EazyViral will not be liable for any costs incurred or compensation for loss of earnings due to the unavailability of the site, servers, software or any material provided by EazyViral or its agents / third party partners.

• Technology Compatibility

EazyViral will ensure that any website or application will function correctly on the server to which it is initially installed.

EazyViral can offer no guarantee of correct function with all browser software including future releases.

• General Liabilities

EazyViral may from time to time and without notice or liability to the client suspend any of the services if the reason for doing the same is an event beyond the reasonable control of EazyViral.

EazyViral will not be liable or become involved in any disputes between the site owner and their clients and EazyViral cannot be held responsible for any wrongdoing on the part of a site owner.