ZenlecData Protection and the GDPR
The Customer agrees, accepts and acknowledges that in the course of providing the Services to you, we may process Personal Data on your behalf and therefore, we both accept to comply with the Data Processing Terms set out below.
Neither party shall be liable to each other or be deemed to be in breach of the Agreement by reason of any delay in performing or failure to perform any of its obligations in relation to the Services if such failure or delay was beyond that party’s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond either party’s reasonable control
act of God, explosion, flood, tempest, fire or accident
war or threat of war, terrorism, sabotage, insurrection, civil disturbances or requisition
acts, requisitions, regulations, bye-laws, prohibitions or measure of any kind on the part of any governmental parliamentary or local authority
strikes or other industrial actions or trade disputes of a third party
Any invalidity or un-enforceability of any term of, or any right arising pursuant to this agreement, shall not in any way affect the remaining terms and rights which shall be construed as if such invalid or unenforceable term or right did not exist.
This Agreement is personal to the parties and neither party may assign the benefit of this Agreement, or otherwise deal with any of its rights or obligations under this Agreement without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed, subject to board approval of the assignee. Notwithstanding the foregoing, either party may assign its rights under this Agreement to an entity that either now or in the future controls, is controlled by or is under the common control of such a party as a consequence of merger, acquisition, change of control or asset sale.
Contracts (rights of third parties) Act 1999
Nothing in this Agreement is intended to create any right which, by virtue of the Contracts (Rights of Third Parties) Act 1999, might otherwise be enforceable by a third party against either party to this Agreement.
This Agreement shall be governed by and construed and interpreted in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts.
The Customer will be entitled to any monthly data transfer “quota” (also known as “bandwidth” or “internet traffic”), expressed in gigabytes per month, included as part of their chosen Services. Should the Customer exceed the agreed amount of transfer specified in their chosen Services, without notice Zenlec reserves the right to charge the Customer an overage rate of £5 +vat per 5 gigabytes, or part thereof, for the data transferred over and above the quota in force.
Acceptable Use Policy
The Customer shall not participate in or facilitate any action or activity that Zenlec considers abusive, or that contravenes UK law. Actions or activities that Zenlec considers abusive and therefore strictly prohibited include, but are not limited to the following:
Unsolicited e-mail activities
Impersonated or libellous postings
Hacking or unauthorised access
Propagation of viruses or worms
Terrorism or threat of terrorism
Obscene, pornographic, or offensive material
Denial of Service (DoS) or Distributed Denial of Service (DDoS) attacks
The Customer shall not deliberately or maliciously cause or allow to be caused any disruption to Zenlec Services, its servers, network or other infrastructure, or any other networks or service on the internet.
The Customer shall not participate in or facilitate any activity which interferes with or disrupts Zenlec Services.
Participation or facilitation of any of the above activities may result in immediate suspension or termination of Services without refund.
The customer acknowledges that Zenlec has no obligation to monitor your use of the Services, but has the right to do so for the purpose of operating the Services and to ensure compliance with these terms.
Zenlec respects the privacy of others, but reserves the right to monitor data and files held in the project account in order to maintain and ensure appropriate levels of service and ensure our usage policies are not being violated in accordance with the GDPR.
Who We Are
- Our site address is www.zenlec.com and Zenlec
- Our company name is Zenlec
- Our registered address is 30 Sergeants lane, Whitefield, Manchester, M45 7TS
- Our Data Protection Officer is Cathrine Banes and he can be contacted at office@Zenlec.com.
What we may collect
We may collect and process the following data about you:
Information you put into forms or surveys on our site or our application at any time
A record of any correspondence between us
Details of transactions and actions you carry out through our site
Details of your visits to our site and the resources you use
Information about your computer (e.g. your IP address, browser, operating system, etc.) for system administration purposes
Under GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies:
You have given consent to the processing of your personal data for one or more specific purposes;
Processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract;
Processing is necessary for compliance with a legal obligation to which we are subject;
We may process your personal information for our legitimate business interests.
e.g. fraud prevention/direct marketing/network and information systems security/data analytics/enhancing, modifying or improving our services/identifying usage trends/determining the effectiveness of promotional campaigns and advertising
You have the right to object to this processing if you wish
All Cookies used by and on our website are used in accordance with current English and EU Cookie Law.
A few of the cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are used to remember you when you return to the site and will last for longer.
Our cookies will be used for:
Essential session management
- creating a specific log-in session for a user of the site in order that the site remembers that a user is logged in and that their page requests are delivered in an effective, secure and consistent manner;
- recognising when a user of the site has visited before allowing us to identify the number of unique users we receive to the site and make sure we have enough capacity for the number of users that we get;
- recognising if a visitor to the site is registered with us in any way;
- we may also log information from your computer including the existence of cookies, your IP address and information about your browser program in order to allow us to diagnose problems, administer and track your usage of our site.
- customising elements of the promotional layout and/or content of the pages of the site.
Performance and measurement
- collecting statistical information about how our users use the site so that we can improve the site and learn which parts are most popular to users.]
How we use what we collect
We use information about you to:
Present site content effectively to you.
Provide information, products and services that you request, or (with your consent) which we think may interest you.
Carry out our contracts with you.
Allow you to use our interactive services if you want to.
Tell you our charges.
Tell you about other goods and services that might interest you. We will also let other people do this, and we (or they) may contact you.
If you are already our customer, we will only contact you electronically about things similar to what was previously sold to you.
If you are a new customer, you will only be contacted if you agree to it.
If you don’t want to be contacted for marketing purposes, please do not tick the relevant opt-in box that you will find on screen.
Please note: We don’t identify individuals to our advertisers, but we do give them aggregate information to help them reach their target audience, and we may use information we have collected to display advertisements to that audience.
In some cases, the collection of personal data may be a statutory or contractual requirement, and we will be limited in the products and services we can provide you if you don’t provide your personal data in these cases.
Where we store your data
We may transfer your collected data to storage outside the European Economic Area (EEA). It may be processed outside the EEA, for example to fulfill your order and deal with payment.
By giving us your personal data, you agree to this arrangement. We will do what we reasonably can to keep your data secure.
Payment will be encrypted. If we give you a password, you must keep it confidential. Please don’t share it. Although we try to provide protection, we cannot guarantee complete security for your data, and you take the risk that any sending of that data turns out to be not secure despite our efforts.
We only keep your personal data for as long as we need to in order to use it as described above and/or for as long as we have your permission to keep it. In any event, we will conduct an annual review to ascertain whether we need to keep your personal data. Your personal data will be deleted if we no longer need it.
Disclosing your information
We are allowed to disclose your information in the following cases:
If we want to sell our business, or our company, we can disclose it to the potential buyer.
We can disclose it to other businesses in our group.
We can disclose it if we have a legal obligation to do so, or in order to protect other people’s property, safety or rights.
We can exchange information with others to protect against fraud or credit risks.
Links to other sites
Please note that our terms and conditions and our policies will not apply to other websites that you get to via a link from our site. We have no control over how your data is collected, stored or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them
30-day Money Back Guarantee
To make a request under the 30-day Money Back Guarantee, the Customer must submit a request via the Helpdesk within 30 days of purchase.
Accounts which are suspended, cancelled, or terminated for violating our Terms & Conditions, including (but not limited to) the Acceptable Use Policy, will not qualify for the 30-day Money Back Guarantee. For example, if an account is cancelled due to spamming, phishing, or another violation, no refund will be issued.
Any setup fees and/or overage charges incurred during the initial 30 day period are not refundable.
Service Level Agreement (SLA)
“Zenlec Service” refers to Zenlec virtual machine(s) and the Zenlec Load Balancing service.
“Availability” means that the Zenlec service is running and has external network access as determined by Zenlec
“Service Credit” means an amount of credit in pound sterling applied to a Customers future invoice.
“Scheduled Maintenance” means any planned maintenance period. Zenlec will use commercially reasonable efforts to notify customers of planned maintenance at least 7 days in advance (and at least 24 hours in advance for emergency maintenance).
Zenlec will use commercially reasonable efforts to ensure availability of your Zenlec Service for at least 99.95% of the time, excluding Scheduled Maintenance. In the event that we don’t meet this commitment during any consecutive 30-day period you will be eligible for Service Credits of 2.5% of your fees for every full 30 minute period of unavailability up to a maximum of 100% of your relevant fees paid for that period.
Claims & Credits
To receive a Service Credit you must submit your claim via the Zenlec helpdesk, including details of the period(s) of unavailability you wish to claim credit for so we can corroborate the details. Claims for Service Credits must be received within 14 days of the most recent reported period of unavailability. Service Credits (if eligible) will be applied to your next regular (i.e. monthly or annual) invoice.
Eligibility & Exclusions
The following scenarios are examples where the Zenlec SLA does not apply…
Unavailability is due to a Customers own misconfiguration of their server(s) or application(s)
Unavailability is caused by circumstances beyond our reasonable control, for example, network routing problems elsewhere that affect access to your Zenlec service
Unavailability is due to Scheduled Maintenance
The customer’s account has been suspended (e.g for non-payment or breach of terms and conditions)
The customer’s account has overdue payments
The customers usage of Zenlec Service is in contravention of the Terms and Conditions
The customers usage of Zenlec Services is deemed excessive (e.g use of network bandwidth or shared MySQL service is affecting other customers)
The following terms and conditions apply to all website development / design services provided by Zenlec to the Client.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by Zenlec are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Zenlec Digital reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of thirty three (33) percent of the project quotation total before the work is supplied to the Client for review. A second charge of thirty three (33) percent is required after the development stage, with the remaining thirty three (33) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
Payment for services is due by cheque or bank transfer. Cheques should be made payable to Zenlec and sent to Zenlec Bank details will be made available on invoices.
Zenlec will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Zenlec otherwise within ten (10) days of the date the materials are made available to the Client.
Turnaround Time and Content Control
Zenlec will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Zenlec receiving initial payment, unless a delay is specifically requested by the Client and agreed by Zenlec.
In return, the Client agrees to delegate a single individual as a primary contact to aid Zenlec with progressing the commission in a satisfactory and expedient manner.
During the project, Zenlec will require the Client to provide website content; text, images, movies and sound files
Failure to provide required website content:
Zenlec is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact Us if you need clarification on this.
Using our content management system you are able to keep your content up to date your self.
Invoices will be provided by Zenlec upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.
Client agrees to reimburse Zenlec for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
Zenlec makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Zenlec cannot guarantee correct functionality with all browser software across different operating systems.
Zenlec cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Zenlec reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Zenlec Web space, Zenlec will, at its discretion, remove all such material from its web space. Zenlec is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Zenlec reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Zenlec in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
All Zenlec services may be used for lawful purposes only. You agree to indemnify and hold Zenlec harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Zenlec the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Zenlec permission and rights for use of the same and agrees to indemnify and hold harmless Zenlec from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Zenlec that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Zenlec to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
A link to Zenlec will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied. The Client also agrees that the website developed for the Client may be presented in Zenlec portfolio.
If the Client’s website is to be installed on a third-party server, Zenlec must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
Zenlec cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
Zenlec may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Zenlec. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
This Agreement shall be governed by English Law.
Zenlec hereby excludes itself, its Employees and or Agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Zenlec to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid,
DATA PROCESSING TERMS
You and us agree and acknowledge that for the purposes of the Data Protection Legislation, you are the Data Controller and we are the Data Processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).
You retain control of the Personal Data and remain responsible for your compliance obligations under the applicable Data Protection Legislation, including providing any required notices, obtaining any required consents and for the processing instructions you give us.
You warrant that you:
Will comply with all applicable requirements of the Data Protection Legislation. This Clause is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation;
Have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data (as defined in the Data Protection Legislation) to us for the duration and purposes of your Subscription;
When we Process Customer Personal Data in the course of providing the Services, we will:
Take reasonable steps to ensure the reliability and competence of our personnel who have access to the Customer Personal Data;
Ensure that our personnel who are required to Process the Customer Personal Data:
- Are informed of the confidential nature of the Customer Personal Data;
- Are subject to appropriate obligations of confidentiality; and
- Do not publish, disclose or divulge any of the Customer Personal Data to any third party unless directed in writing to do so by you;
- Implement and maintain Appropriate Technical and Organisational Measures to protect the Customer Personal Data against unauthorised or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure;
Taking into account the nature of the Processing, assist you:
In ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR or equivalent provisions in the Data Protection Legislation;
No later than 12 months of the expiry or termination of your Subscription, we may at our option, either delete or return to you all the Customer Personal Data (less we are required to retain it by law). If you require us to delete the Customer Personal Data in any other circumstances, we may make a reasonable charge for doing so;
Not give access to or transfer any Customer Personal Data to any third party without your prior written consent.
We shall notify you immediately if, in our opinion, an instruction you have given us for the Processing of Customer Personal Data infringes any applicable Data Protection Legislation.
We shall communicate to you any claims or requests in respect of the Customer Personal Data without delay to enable you to respond in accordance with applicable Data Protection Legislation.
If we become aware of any accidental, unauthorised or unlawful destruction, loss, alteration, or disclosure of, or access to any Customer Personal Data that we Process we will:
Notify you (as soon as possible) of such a breach;
Provide you (as soon as possible) with a detailed description of the Data Breach.
not release or publish any filing, communication, notice, press release, or report concerning the Data Breach without your prior written approval (except where required to do so by law).
If, pursuant to Article 28(7) or Article 28(8) of the GDPR, the Information Commissioner adopts standard contractual clauses for the matters referred to in Article 28(3) and Article 28(4) of the GDPR and you notify us that you wish to incorporate an element of any such standard contractual clauses into this Schedule, we will agree to the changes that you reasonably required in order to achieve this.
We will not Process Customer Personal Data outside the European Economic Area, or a country in respect of a valid adequacy decision has been issued by the European Commission, except with your prior written consent. Where you give your consent to such they will be made subject to the terms of the model clauses for the transfer of Personal Data to data processors established in third countries adopted by the European Commission or any replacement or additional form approved by the European Commission or as applicable in the UK.
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