Terms & Conditions

Please read the following terms and conditions agreement carefully. By accessing or using our sites and our services, you hereby agree to be bound by the terms and all terms incorporated herein by reference. It is the responsibility of you, the user, customer, or prospective customer to read the terms and conditions before proceeding to use this site, located at the URL: https://zelz.io as well as all associated sites linked to https://zelz.io. If you do not expressly agree to all of the terms and conditions, please do not access or use our sites or our services. This terms of service agreement is effective of.

Acceptance of Terms

The following Terms and Conditions Agreement (the “Terms”) is a legally binding agreement that shall govern the relationship with our users and others who may interact or interface with Zelz, also known as Zelz, located at 36 Lawrence Place, Chestnut Ridge, New York and our subsidiaries and affiliates, in association with the use of the Zelz website, which includes https://zelz.io (the “Site”) and its services, which shall be defined below.

Description of Website Services offered

Zelz offers services for designing, developing, and customizing Shopify stores and provides Shopify eCommerce solutions for online merchants.

Any and all visitors to our site shall be deemed as "users" of the herein contained Services provided for the purpose of this Terms.

The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Zelz. At its discretion, Zelz may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Zelz does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that Zelz shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.

Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such Zelz shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings. Zelz reserves the right to reject any task that it deems out of scope for our service, this includes but is not limited to, issues with communicating the job.

Payments

Purchases

Once a User purchases a package or service on Zelz, Zelz will provide that User with a quote, estimating the cost of completing that service, based on the number of hours needed to fulfill the service; if you accept a quote, Zelz will charge you accordingly and will begin working on the service for completion. By purchasing a service on Zelz, you agree to pay all fees or charges, including any taxes, to your account for that service, based on Zelz's Task quote.

Please note that, while we attempt to provide accurate quotes at the outset of a Task (based on the number of hours needed to fulfill the Task), additional information or requests regarding the scope of the Task may necessitate and result in splitting the Task into two and more Tasks, which may increase the estimated price.

Zelz will inform Users of any increases to the service quote; if you decline to pay for the increased cost, Zelz, in its discretion, may

(i) complete only the service from the original quote;

(ii) cancel the service and refund your money, and, in its discretion, rollback any work already completed on the Task, restoring your website to its prior state (i.e., the state of the website prior to the initiation of the Task).

If you do not pay on time or if Zelz cannot charge your credit card, PayPal or other payment method for any reason, Zelz reserves the right to either suspend or terminate your access to the Site and account, reject your Task, and terminate these Terms.

You are expressly agreeing that Zelz is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site and the fees will be billed to your credit card, PayPal or other payment method designated on your initial registration with this Site, and thereafter at regular intervals for the remainder of the term of these Terms. If you have a balance due on any account, you agree that Carson may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.

Refund Policy

The premise of our service is to offer on-going technical Shopify support, which is above the basic support offered by Shopify and Shopify theme and app partners. All purchases and subscriptions are final, and we offer no refunds.

We offer our services in the following ways:

  • Shopify Packages
  • Subscription plans
  • Custom quotes

We ask that upon purchasing a shopify package, you agree to pay an upfront full payment, unless otherwise stated in the statement of work.

We ask that upon purchasing a subscription, you agree to a minimum term of 3 months. If you do not think you will need the service for more than a month, it's best to consider a custom quote or a shopify package. The quality and value we are able to deliver is optimal when customers are with us a minimum of 3 months. All payments shall be in US dollars.

Zelz offers a 100% satisfaction guarantee. Users who are not satisfied with the outcome of work done on a Task (the "Outcome"), must inform Zelz at info@zelz.io, within the 5 days.

If a User notifies Zelz that they are not satisfied with the service, in accordance with the timeframe set forth above, the User must inform Zelz of any modifications required or wanted, that are within scope of the service. Zelz offers one single revision after completion of task, and any further revisions will be billed at an hourly rate of US$100 prior to commencement of the task.

Privacy Policy

Every member's registration data and various other personal information are strictly protected by the Zelz Online Privacy Policy (see the full Privacy Policy at https://www.zelz.io/privacy). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Zelz and/or our subsidiaries and affiliates.

Cautions for global use and export and import compliance

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource- center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:

  1. are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
  2. agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
  3. agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
  4. agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

Website Security

Users may be required to supply us with the appropriate login credentials or provide us with collaborator access for their website and permit Zelz temporary access in order to complete their task(s). We will store log-in credentials securely, and will not share these log-in credentials and will not use your log-in credentials for any purpose other than completing your Task. Although we will not share your log-in credentials with anyone, you should update your credentials after your Task is complete.

At all times, you are responsible for having adequate security in place on your website. You agree to immediately notify Zelz of any unauthorized use. We are not liable to any User for any loss or damage arising from User's failure to comply with the above requirements, including your failure to have in place adequate website security, or for any other User website vulnerabilities.

Backups

All Users are required to ensure that they maintain backups of their theme throughout development. Zelz makes an honest effort to duplicate live themes and maintain backups within each store's themes panel, however, it is at the User's own risk to delete them. It is mandatory that backup themes created by Zelz are kept in order to remain eligible for any of our guaranteed fixes. Zelz cannot and will not be liable for any loss of data to any User who fails to comply with this provision.

Content placed or made available for company services

Zelz shall not lay claim to ownership of any content submitted by any visitor or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Zelz the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

  1. The content submitted or made available for inclusion on the publicly accessible areas of Zelz's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Zelz's sites, and shall terminate at such time when you elect to discontinue your membership.
  2. Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Zelz's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Zelz's sites and shall terminate at such time when you elect to discontinue your membership.
  3. For any other content submitted or made available for inclusion on the publicly accessible areas of Zelz's sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.

Those areas which may be deemed "publicly accessible" areas ofZelz's sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to users.

Contributions to company website

Zelz provides an area for our users to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:

  1. your contributions do not contain any type of confidential or proprietary information;
  2. Zelz shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
  3. Zelz shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
  4. the contributor’s Contributions shall automatically become the sole property of Zelz; and Zelz is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

Indemnity

All users herein agree to insure and hold Zelz, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Zelz Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

Commercial reuse of services

The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Zelz's sites.

Modifications

Zelz shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

Advertisers

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Zelz shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.

Links

Either Zelz or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Zelz shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

Propriety Rights

You do hereby acknowledge and agree that Zelz's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Zelz or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Zelz Services (e.g. Content or Software), in whole or part.

Zelz herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Zelz for use in accessing our Services.

Warranty disclaimers

You herein expressly acknowledge and agree that: a) The use of zelz services and software are at the sole risk by you. Our services and software shall be provided on an "As is" and/or "As available" basis. Zelz and our subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim any and all warranties of any kind whether expressed or implied, including, but not limited to any implied warranties of title, merchantability, fitness for a particular purpose and non- infringement.

b) Zelz and our subsidiaries, officers, employees, agents, partners and licensors make no such warranties that (I) zelz services or software will meet your requirements; (ii) zelz services or software shall be uninterrupted, timely, secure or error-free; (iii) that such results which may be obtained from the use of the zelz services or software will be accurate or reliable; (iv) quality of any products, services, any information or other material which may be purchased or obtained by you through our services or software will meet your expectations; and (v) that any such errors contained in the software shall be corrected

c) Any information or material downloaded or otherwise obtained by way of zelz services or software shall be accessed by your sole discretion and sole risk, and as such you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, downloading and/or displaying, or for any loss of data that could result from the download of any such information or material.

d) No advice and/or information, despite whether written or oral, that may be obtained by you from zelz or by way of or from our services or software shall create any warranty not expressly stated in the Terms and Conditions.

e) A small percentage of some users may experience some degree of epileptic seizure when exposed to certain light patterns or backgrounds that may be contained on a computer screen or while using our services. Certain conditions may induce a previously unknown condition or undetected epileptic symptom in users who have shown no history of any prior seizure or epilepsy. Should you, anyone you know or anyone in your family have an epileptic condition, please consult a physician if you experience any of the following symptoms while using our services: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.

Limitation of liability

You explicitly acknowledge, understand and agree that zelz and our subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data and/or other intangible losses, even though we may have been advised of such possibility that said damages may occur, and result from:

a) The use or inability to use our service; b) The cost of procuring substitute goods and services; c) Unauthorized access to or the alteration of your transmissions and/or data; d) Statements or conduct of any such third party on our service; and any other matter which may be related to our service.

Release

In the event you have a dispute, you agree to releaseZelz (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

Special admonition related to financial matters

Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase "Let the investor beware" is appropriate. Zelz's content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. Zelz and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.

Exclusion and limitations

There are some jurisdictions which do not allow the exclusion of certain warranties or the limitation of exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations of sections warranty disclaimers and limitation of liability may not apply to you.

Third party beneficiaries

You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.

Notice

Zelz may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

Trademark information

You herein acknowledge, understand and agree that all of theZelz trademarks, copyright, trade name, service marks, and other Zelz logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Zelz. You herein agree not to display and/or use in any manner the Zelz logo or marks without obtaining Zelz's prior written consent.

Copyright or intellectual property infringement claims notice

& procedures

Zelz will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Zelz may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;

b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;

c) A description of the location of the site which you allege has been infringing upon your work;

d) Your physical address, telephone number, and email address;

e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law; f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.

The Zelz Agent for notice of claims of copyright or other intellectual property infringement can be contacted at info@zelz.io.