TERMS AND CONDITIONS
Z Physique will use proprietary methods in their business model, marketing efforts, etc. Client agrees not to share or relay to any public, private, or non-Z Physique approved sources any details of Z Physique, Z Physique’s practices, business model, employees, or personal data. Client, including all employees at Client’s office, may not share any forms, contracts, documents, contacts, or anything else provided by Z Physique to Client, unless authorized in writing by Z Physique.
Copyrights & Trademarks
The Client represents to Z Physique & unconditionally guarantees that any elements of text, graphics, photos, designs, video, trademarks, or other artwork furnished to Z Physique for inclusion in web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, & will hold harmless, protect, & defend Z Physique & its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
Client agrees that it shall defend, indemnify, save & hold Z Physique harmless from any & all demands, liabilities, losses, costs & claims, including attorney’s fees associated with Z Physique’s development of any services. This includes liabilities asserted against Z Physique, its subcontractors, its agents, its clients, servants, officers & employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns. Client also agrees to defend, indemnify & hold harmless Z Physique against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s web site. This includes infringing on the proprietary rights of a third party, copyright infringement, & delivering any defective product or misinformation which is detrimental to another person, organization, or business.
Rights Upon Termination of Agreement
Z Physique shall transfer, assign & make available to Client all property & materials in Z Physique’s possession or subject to Z Physique’s control that are the property of Client, subject to payment in full of amounts due pursuant to this agreement.
Any disputes arising from this contract will be litigated or arbitrated within the state of California. This agreement shall be governed and construed in accordance with the laws of which this contract was signed and entered into.
Payment of Services
In the event client chooses to engage with Z Physique, Client agrees to contract with Z Physique a monthly basis with month to month thereafter (unless otherwise noted above). Client must then notify Z Physique 45 days prior via email or certified mail with any intent to cancel services. Client is responsible for payment regardless of payment type accepted and agrees to provide a check if processing a credit card is unavailable.
Termination of Services
Upon termination of services between Z Physique & Client, Z Physique agrees to provide details for client specific data at Z Physique’s discretion. Z Physique will have final say as to which data is provided to Client. Such discretion shall be reasonably exercised. Client agrees to NOT withhold payment as leverage to acquire any data from Z Physique or try and “solve” or “remedy” any situation that may occur. Z Physique reserves the right to terminate this agreement at it’s sole discretion if Client violates, or attempts to willfully violate, any part of this agreement.
Z Physique makes no guarantees nor cannot make any guarantees in regards to ad placement or return on investment for any services they provide. Furthermore, unless in writing, no guarantees are made on completion dates of web development work including websites.
Promise to Pay
You promise to pay to us the website and marketing costs in U.S. Dollars, pursuant to the payment schedule shown above. You also promise to pay all other amounts that may become due under the terms of this contract.
To the extent permitted by applicable law, Client agrees to pay attorneys’ fees (if we refer this agreement for collection to an attorney who is not one of our salaried employees or the salaried employee of anyone to whom we transfer this contract), collection costs, and actual court costs.
No Oral Modification
Oral agreements or commitments to modify any of this agreement are not enforceable. To protect you (Client) and us (Z Physique) from misunderstandings or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we may later agree in writing to modify.
TERMINATION OF SERVICES AGREEMENT
- The initial term of this Agreement shall be as set forth in the Order Form (the “Initial Term”). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew. ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE Z PHYSIQUE TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the “Term.”
- This Agreement may be terminated
- by either party by giving the other party thirty (30) days prior written notice (subject to an early cancellation fee payable by Customer as provided below),
- by Z Physique in the event of nonpayment by Customer,
- by Z Physique, at any time, without notice, if, in Z Physique’s sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of the this Agreement and related agreements, AUP, or Customer’s use of the Services disrupts or, in Z Physique’s sole and absolute discretion and/or judgment, could disrupt, Z Physique’s business operations and/or
- If you cancel this Agreement prior to the end of the Initial Term or any Term thereafter,
- you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation
- Z Physique shall refund to you all pre-paid fees for basic services for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any setup fees and any discount applied for prepayment,
- you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term (other than basic hosting fees as provided in (ii) above) and (iii) you shall pay an early cancellation fee of 30 days of service. Any cancellation request shall be effective thirty (30) days after receipt by Z Physique, unless a later date is specified in such request.
- Z Physique may terminate this AgreementUpon termination of this Agreement for any cause or reason whatsoever, all phone numbers, customer branded web properties, account credentials, login urls, and all passwords shall be turned over to customer fully within 60 days by Z Physique
- if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practicable or
- immediately by giving written notice to Customer, if Z Physique determines in good faith that Customer’s use of the web properties, marketing services, or the Customer Content violates any term or condition. If Z Physique cancels this Agreement prior to the end of the Term for your breach of this Agreement and related agreements, the Customer’s use of the Services disrupts, Z Physique shall not refund to you any fees paid in advance of such cancellation and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term and Z Physique shall have the right to charge you an administrative fee of $150.
- Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which Z Physique may be entitled.
This statement governs our privacy policies regarding those users of the Site (“Visitors”) who visit without transacting business, and also for Visitors who transact business on the Site (“Authorized Customers”) and who make use of the various services (collectively, “Services”) offered by Z Physique, Inc.
What is Personally Identifiable Information?
Personally Identifiable Information refers to any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains, including, but not limited to, name, address, phone number, fax number, email address, financial profiles, Social Security number, and credit card information. Personally Identifiable Information does not include information that is collected anonymously (that is, without identification of the individual user) or demographic information that is not connected to an identified individual.
What Personally Identifiable Information is collected?
We may collect basic user profile information from all of our Visitors. We collect the following additional information from our Authorized Customers: bill to and ship to names, addresses, phone numbers, email addresses and credit card information needed to authorize purchases and transact payments for products and services.
What organizations are collecting the information?
In addition to our direct collection of information, our third party service vendors (such as credit card companies, clearinghouses and banks) who may provide such services as credit, insurance, and escrow services may collect this information from our Visitors and Authorized Customers. We do not control how these third parties use such information, but we do ask them to disclose how they use personal information provided to them from Visitors and Authorized Customers. Some of these third parties may be intermediaries that act solely as links in the distribution chain, and do not store, retain, or use the information given to them.
How does the Site use Personally Identifiable Information?
We use Personally Identifiable Information to customize the Site, to make appropriate service offerings, and to fulfill buying and selling requests on the Site. We may email Visitors and Authorized Customers about research or purchase and selling opportunities on the Site or information related to the subject matter of the Site. We may also use Personally Identifiable Information to contact Visitors and Authorized Customers in response to specific inquiries, or to provide requested information.
With whom may the information may be shared?
Personally Identifiable Information about Authorized Customers may be shared only with other Authorized third party service vendors for purposes of completing transactions that you have ordered or requested. We may also share personally identifiable information about Authorized Customers with our other companies that are under common ownership in order to offer you related products or services that may be of interest to you. We may share aggregated information about our Visitors, including the demographics of our Visitors and Authorized Customers, with our affiliated agencies and third party vendors. We also offer the opportunity to “opt out” of receiving information or being contacted by us or by any agency acting on our behalf.
How is Personally Identifiable Information stored?
Personally Identifiable Information collected by Z Physique, Inc is securely stored and is not accessible to third parties or employees of Z Physique, Inc, except for use as indicated above.
What Choices are Available to Visitors Regarding Collection, Use and Distribution of the Information?
Visitors and Authorized Customers may opt out of receiving unsolicited information from or being contacted by us and/or our vendors and affiliated agencies by responding to emails as instructed, or by contacting us.
Are Cookies Used on the Site?
What Partners or Service Providers Have Access to Personally Identifiable Information from Visitors and/or Authorized Customers on the Site?
Disclosure of Personally Identifiable Information to Comply with Law
We will disclose Personally Identifiable Information in order to comply with a court order or subpoena or a request from a law enforcement agency to release information. We will also disclose Personally Identifiable Information when reasonably necessary to protect the safety of our Visitors and Authorized Customers.
How Does the Site Keep Personally Identifiable Information Secure?
All of our employees are familiar with our security policy and practices. The Personally Identifiable Information of our Visitors and Authorized Customers is only accessible to a limited number of qualified employees who are given a password in order to gain access to the information. Sensitive information, such as credit card numbers or social security numbers, is protected by encryption protocols, in place to protect information sent over the Internet. While we take commercially reasonable measures to maintain a secure site, electronic communications and databases are subject to errors, tampering and break-ins, and we cannot guarantee or warrant that such events will not take place and we will not be liable to Visitors or Authorized Customers for any such occurrences.
How Can Visitors Correct Any Inaccuracies in Personally Identifiable Information?
Can a Visitor Delete or Deactivate Personally Identifiable Information Collected by the Site?
This Web site contains links to other Web sites. Please note that when you click on one of these links, or you ask us to forward information to a third party site on your behalf, you are moving to another Web site. We encourage you to read the privacy statements of these linked sites as their privacy policies may differ from ours.