These Terms of Website Use and Service Provided (hereinafter called Terms of Service or Agreement) govern the access or use by you, an individual or company, residing in or located within the United States and its territories and possessions, of the services provided by Zarworkx, LLC (hereinafter referred to as “Zarworkx”). For the purpose of this agreement, the terms “we,” “our website,” “our,” “the company,” and “Zarworkx” are synonymous with Zarworkx, LLC. The term “Services” will apply to the services provided by Zarworkx.

PLEASE READ THESE TERMS CAREFULLY. YOUR ACCESS TO AND USE OF ANY OF THE SERVICES PROVIDED BY ZARWORKX CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS, WHICH ESTABLISH A CONTRACTUAL RELATIONSHIP BETWEEN YOU AND ZARWORKX. IF YOU DO NOT UNDERSTAND OR ACCEPT THESE PROVISIONS SET FORTH HEREIN, THEN YOU SHOULD NOT USE THE SERVICES PROVIDED BY ZARWORKX.

Acceptance of these Terms of Service

BY ACCESSING OR USING THE ZARWORKX WEBSITE OR ANY SERVICES PROVIDED BY ZARWORKX, YOU AGREE THAT:

• You will use the website and services according to these Terms of Service and any other document incorporated by reference, including the Zarworkx Privacy Policy, and in accordance with any additional terms and conditions imposed by Zarworkx and applicable laws and regulations.
• These Terms of Service are a legally binding agreement and the equivalent of a signed written contract.
• You have received, read, understand, and accept these Terms of Service, including the Zarworkx Privacy Policy.

YOUR USE OF THE ZARWORKX WEBSITE AND SERVICES PROVIDED BY THE COMPANY SHALL BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE AND ANY ZARWORKX RULES AND REGULATIONS, WHICH MAY CHANGE FROM TIME TO TIME. You hereby waive any and all defenses that you may have based on the electronic form of the Terms of Service and the lack of signing by the parties hereto to execute the Terms of Use.

YOUR CONTINUED USE OF THE WEBSITE OR SERVICES PROVIDED BY ZARWORKX CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF SERVICE AS THEY NOW EXIST AND AS THEY MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE DO NOT ACCESS OR USE THE WEBSITE OR AVAIL YOURSELF OF SERVICES PROVIDED BY ZARWORKX.

Age Restrictions

AGE RESTRICTIONS – OUR SERVICES ARE NOT DIRECTED TOWARD MINORS. NO ONE WHO IS UNDER THE AGE OF 18 IS ALLOWED TO REGISTER WITH ZARWORKX OR TO USE OUR SERVICES. WE WILL NOT KNOWINGLY COLLECT ANY INFORMATION FROM SOMEONE WHO IS UNDER THE AGE OF 18. IF WE FIND THAT THERE IS AN ACCOUNT REGISTERED TO SOMEONE WHO IS UNDER THE AGE OF 18, WE WILL CLOSE IT IMMEDIATELY AND DELETE ANY INFORMATION ASSOCIATED WITH THAT ACCOUNT.

Description of Services

Zarworkx provides services that include web design and development, hosting, e-commerce solutions, and other related services. The services provided may be amended from time to time by Zarworkx.

Third-Party Software

In many cases, Zarworkx, LLC will utilize third-party software developed by others to provide solutions. While we strive to deliver solutions that meet project requirements, we cannot be held liable for errors or security flaws in third-party software. It is essential to keep third-party software reasonably up to date for proper functioning. Zarworkx, LLC will not be responsible for licensing fees for updates. However, if clients have a valid maintenance plan, we will communicate recommended updates during the coverage period.

Modifications to third-party extensions that render them unable to receive standard updates release Zarworkx, LLC from any liability for errors arising from future updates. If coding changes are made by the software developer, Zarworkx, LLC cannot guarantee that these modifications will survive any necessary or installed updates made by the developer.

Service Expectations

Unless a client has purchased an active and in good standing maintenance plan, there should be no expectation of continued service by Zarworkx, LLC for ongoing maintenance of a client’s site.

Website Content

You are solely responsible for all content posted on or transmitted from your site. This includes text, data, images, photographs, videos, audio, or other materials. By posting information on your site, you represent and warrant to Zarworkx, LLC that you have the right to do so. Furthermore, you agree not to post material that may violate any applicable local, state, national, or international laws. Zarworkx, LLC will not be liable for any information you post or transmit.

Website Testing

For services that involve website development, Zarworkx, LLC will test the site during quality control before delivery. After the site is live, it becomes the client’s responsibility to test the site and promptly report any issues. Zarworkx, LLC will address issues arising within the first 60 days after launch, provided no other parties have administered, updated, or modified the site or its extensions. Zarworkx, LLC will not be held responsible for errors reported beyond the initial 60 days or if the site has been administered or altered by other administrators or developers.

Hosting

As part of our development services, Zarworkx, LLC may provide website hosting. We select hosting providers we have confidence in, expecting high availability of resources and good support. However, our selection does not provide any guarantee or warranty regarding uptime or support. Zarworkx, LLC will not be held liable for host downtime or errors introduced by the hosting provider. Hosting is invoiced annually, as specified in the Payment for Services section. Cancelling a hosting account before the end of the term does not entitle the client to a refund.

Domain Name Registration

Occasionally, Zarworkx, LLC may register a domain name as a courtesy. However, we cannot be held liable for any issues arising from a compromised or expired domain name registrar account.

E-mail Accounts

Zarworkx, LLC may set up a limited number of e-mail accounts for clients on a hosting account. We are not responsible for the content of e-mails sent or received by clients, nor for any interruptions or loss of service due to account capacity issues. Clients are responsible for backing up their e-mail messages on a local device.

Payment for Services

Payments for services provided by Zarworkx, LLC are due upon receipt. Payments can be made by check via mail or securely online using major credit cards or ACH transfers.

Hosting accounts are invoiced thirty days before renewal, with a 10-day grace period after the anniversary date. If the hosting account is not renewed within this period, it will be taken offline with a $150 fee to re-establish service. Receivables older than 30 days may result in a suspension of service until the account is brought current. Late charges will be the greater of $5.00 or 1.5% per month.

Refund Policy

Since we charge for our time and services, payments made to Zarworkx, LLC are non-refundable. In case of project cancellation, all payments made toward the project are retained, and any work performed beyond the previously invoiced amount will be billable.

Disclaimers and Limitation of Liability

Your use of this site is at your own risk. All materials, information, products, software, programs, and services are provided “as is,” without any warranties or guarantees whatsoever. Zarworkx, LLC expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. We make no warranty or guarantee that this site or the provided services will be uninterrupted, timely, secure, or error-free.

You understand and agree that any materials, information, products, software, programs, or services downloaded or obtained through our site are at your own discretion and risk. You will be solely responsible for any damages that may result, including loss of data or damage to your computer system.

In no event will Zarworkx, LLC be liable to any party for any direct, indirect, incidental, special, exemplary, or consequential damages of any type whatsoever related to or arising from this site or any use of this site, or from any site or resource linked to, referenced, or accessed through this site, or for the use or downloading of, or access to, any materials, information, products, or consulting services provided by Zarworkx, LLC. This limitation of liability applies to all causes of action, whether based on contract, warranty, tort, or any other legal theories.

Indemnification

You agree to indemnify, release, defend, and hold Zarworkx, LLC, its officers, directors, owners, employees, and agents harmless from any claims and liabilities, including reasonable legal and accounting fees, arising from your use of the Zarworkx, LLC site or the services provided.

Entire Agreement

These Terms of Service constitute the entire and exclusive agreement between you and Zarworkx, LLC, superseding any other agreement, whether written or oral, regarding the site or services provided.

Controlling Law

These Terms of Service shall be interpreted in accordance with the laws of the state of Alabama and the United States of America.

Arbitration and Legal Fees

Any controversy, dispute, or claim arising out of or relating to this Agreement shall be settled by arbitration, following the applicable rules of the American Arbitration Association. The decision or award made through arbitration shall be final and binding on all parties. Arbitration meetings and hearings will take place in Jefferson County, Alabama. In case of any legal action brought by either party, the prevailing party shall be entitled to recover reasonable attorney’s fees and expenses, in addition to any other relief.

General Provisions

Failure by Zarworkx, LLC to enforce any provisions of these Terms of Service shall not be construed as a waiver of any provision or right. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible.