CAZAM Ltd Terms & Conditions

By placing an order with CAZAM Ltd, you confirm that you are in agreement with and bound by the terms and conditions below. DEFINITIONS The Client: The company or individual requesting the services of CAZAM Ltd. CAZAM Ltd: Primary designer/site owner & employees or affiliates. GENERAL CAZAM Ltd will carry out work only where an agreement is provided either by email, telephone or mail. CAZAM Ltd will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between CAZAM Ltd and the client, this includes telephone and email agreements. WEBSITE DESIGN Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, CAZAM Ltd cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. The website, graphics and any programming code remain the property of CAZAM Ltd until all outstanding accounts are paid in full. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by CAZAM Ltd remain the copyright of CAZAM Ltd and may only be commercially reproduced or resold with the permission of CAZAM Ltd. CAZAM Ltd cannot take responsibility for any copyright infringements caused by materials submitted/requested by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. CAZAM Ltd may alert The Client to potential content &/or graphic copyright issues. Whilst we endeavour to recommend the best course of action to avoid copyright issues, the ultimate responsibility and choice lies with The Client. It is assumed all text and images are supplied in an organised format with instructions on placement/positioning of amends. Should content not be supplied in this manner, CAZAM Ltd may charge the client at an extra hourly rate to organise content. Text is assumed to be free from spelling and grammatical errors. Any copywriting may be charged extra at an extra hourly rate. Any additions to briefs provided will be carried out at the discretion of CAZAM Ltd and where no charge is made by CAZAM Ltd for such additions, CAZAM Ltd accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions. The client agrees to make available as soon as is reasonably possible to CAZAM Ltd all materials required to complete the site to the agreed standard and within the set deadline. CAZAM Ltd will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. CAZAM Ltd will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. CAZAM Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents. CAZAM Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents. Once a commissioned website or part thereof has been designed and completed the final balance of payment is due in accordance with CAZAM LTD payment terms. There are no exceptions to this. Non-payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered. DATABASE, APPLICATION & E-COMMERCE DEVELOPMENT CAZAM Ltd cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use. Where applications or sites are developed on servers not recommended by CAZAM Ltd, the client is expected to provide or seek any information, additional software support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment identical to the final production environment. The client is expected to test fully any application or programming relating to a site developed by CAZAM Ltd before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, CAZAM Ltd will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief. COMPATIBILITY CAZAM Ltd will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 7 & 8, Mozilla Firefox and Safari browsers. CAZAM Ltd can offer no guarantees of correct function with all browser software. WEBSITE HOSTING Whilst CAZAM Ltd uses & recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by CAZAM Ltd cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. CAZAM Ltd reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise. WEBSITE OPTIMISATION CAZAM Ltd do not perform website optimization. This is due to external factors such as changes to the way search engines rank websites, and the changes in the algorithms of the search engines or the factors that they use to rank websites. Where this is required CAZAM Ltd may recommend a partner SEO company on request. INTERNET RADIO CAZAM Ltd offers configuration of SHOUTcast Radio broadcasts from 1and1 servers with client user guides provided for installation and use of Winamp. Any other set-ups &/or configurations are not supported and are at the sole discretion and maintenance of The Client. INTERNET RADIO CONTENT The Client is considered to be the Content Provider and The Content Providers are solely responsible for their Content offered through SHOUTcast Radio, including without limitation, obtaining all rights, licenses and royalties pertaining to their Content. CAZAM Ltd does not pre-screen Content and The Client agrees that CAZAM Ltd has no obligation to pre-screen Content. Some Content may contain materials that are objectionable, unlawful, or inaccurate. The Client acknowledges and agrees that CAZAM Ltd is not responsible or liable to you The Client for any Content or other materials posted. CAZAM Ltd reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial. INTERNET RADIO ACCESS The Client must provide at their own expense the equipment and Internet connections needed to access and use the SHOUTcast Radio, whether you access SHOUTcast Radio through broadband, wifi, wireless or any other type of connection. It is highly recommended that the connection for broadcasting is high-speed broadband on a dedicated line to ensure good quality broadcast. CAZAM Ltd takes no responsibility for any breaks in broadcasting as a result of The Clients internet connection &/or broadcasting equipment. CAZAM Ltd performs regular, ad hoc server tests to ensure quality but cannot take responsibility for any breaks in broadcasting as a result of 3rd party suppliers such as 1and1 or SHOUTcast. In the case of a broadcasting quality issue, The Client should contact CAZAM Ltd via email or phone upon which checks will be performed at CAZAM Ltd's earliest convenience to discern & rectify the problem. In the case where the problem is caused by The Client's internet connection, equipment, or errors in broadcasting, CAZAM Ltd will charge £12 GBP per hour for time taken to identify the problem and to train The Client not to encounter this issue again. THE CLIENT'S INTERNET RADIO RESPONSIBILITIES The Client may use their Radio for lawful purposes only. The Client is responsible for all activities on their Radio, including all legal liability incurred from the use of The Client's Radio by The Client or others. THE CLIENT'S INTERNET RADIO RESTRICTIONS The Client agrees that they will not access or use their Radio or its Content, or otherwise engage in any conduct that: * violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights; * is unlawful; * uses technology or other means to access their Radio or Content that is not authorized by CAZAM Ltd; * uses any automated system, including without limitation, "robots," "spiders," or "offline readers," to access their Radio or Content; * attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; * attempts to gain unauthorized access to our computer network or user accounts; * encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; offers, promotes or encourages betting or wagering prohibited by law; * violates these Terms, guidelines or any policy posted on CAZAM Ltd; * attempts to damage, disable, overburden, or impair our servers or networks; or * interferes with any other party's use and enjoyment of any other CAZAM Ltd or SHOUTcast Radio. The Client agrees that CAZAM Ltd may take any legal and technical remedies to enforce these Terms, including without limitation, immediate termination of The Client’s account or access to The Client’s Radio if CAZAM Ltd believe in our discretion that you are violating these Terms. NO SPAM You may not use your Radio, website, or hosted email or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). CAZAM Ltd may terminate The Client’s access or use of The Client’s Radio, website, or hosted email immediately and take any other legal action if The Client, or anyone using The Client’s access to The Client’s Radio, website, or hosted email, violates these provisions. CAZAM Ltd may take any technical remedies to prevent unsolicited bulk communications from entering, utilising, or remaining within our computer or communications networks. PROPRIETARY RIGHTS CAZAM Ltd, our suppliers, and our users who lawfully post Content on their Radio or website own the property rights to that Content. CONTENT THE CLIENT POSTS TO PUBLIC PLACES The Client may not publicly post defamatory Content or copyrighted images or personal information without the express authorisation of that person. The Client may not post Content that violates these Terms. CAZAM Ltd does not claim ownership of any Content that The Client may post. However, by submitting Content to public areas of CAZAM Ltd hosted sites or configured radios, you grant CAZAM Ltd, our affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this Content in any medium. You agree that we have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material. Procedure For Making Claims Of Copyright Infringement. CAZAM Ltd respects the intellectual property of others, and we ask our Content providers to do the same. If you believe that your copyrighted work has been copied and is accessible on the CAZAM Ltd, Winamp or SHOUTcast Radio websites in a way that constitutes copyright infringement, you may notify CAZAM Ltd by providing our copyright agent the following information: 1. an electronic or physical signature of the owner of the copyright or the person authorised to act on the owner's behalf. 2. a description of the copyrighted work that you claim has been infringed and a description of the infringing activity. 3. identification of the location where the original or an authorised copy of the copyrighted work exists, for example the URL (i.e., web page address) where it is posted or the name of the book in which it has been published. 4. identification of the URL or other specific location on the CAZAM Ltd site where the material that you claim is infringing is located, including enough information to allow us to locate the material. 5. your name, address, telephone number, and email address. 6. a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law. 7. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. And send by mail to: CAZAM Ltd Unit 113 28 Lawrence Rd London N15 4ER UK Email: support@cazam.eu CAZAM Ltd uses SHOUTcast broadcasting technology, 1and1 server hosts, in the case of high storage requirements BlueHost server hosts, and recommends all Clients use Winamp as the broadcasting program for all clients. As such Clients are subject to the Terms & Conditions of these 3rd party providers. PAYMENT OF ACCOUNTS It is the CAZAM Ltd policy that any outstanding accounts for work carried out by CAZAM Ltd or its affiliates are required to be paid in full, no later than 10 working days from the date of the invoice unless by prior arrangement with CAZAM Ltd. The late payment of invoices will result in a 10% penalty surcharge for 10 calendar days overdue, 20% for 20 calendar days, and in the event of 30 calendar days overdue your account will be cancelled and an additional £25 GBP reconnection fee per domain will be levied in order to get your services live again. We will contact clients via email to remind them of such payments if they are not received when due. If accounts are not settled or CAZAM Ltd have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj's) being added to the clients credit rating. Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons. COMPLAINTS PROCEDURE Informal procedure Anyone who experiences a problem with their web service provided by CAZAM Ltd should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint. CAZAM Ltd will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant. Formal complaints procedure The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to CAZAM Ltd, who will acknowledge receipt and ensure that the matter is looked into as soon as possible. An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay. YOUR PRIVACY We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.