Terms of Service (General)

Welcome to ZING. ZING is a product of ServiceQUIK Pte Ltd ("The Company", "Company"). The Terms of Services (General (the “Terms”, "Terms of Service", “TOS”, or “Agreement”) are a contract between The Company (“ServiceQUIK”,  "ZING", "ZING Medical", “we”, “our”, or “us”) and you (“your” or “yours”) and govern your use of our Software as a Service ("SaaS") properties and all of the Services we offer. As such, please read these Terms carefully.

Your use of the company webapps, mobile apps or websites, or our other related internet properties including the ServiceQUIK website, ZING eCommerce and the ZING application (collectively, “Site”), applications or distribution channels from which we may operate, and your use of any of our Services (including without limitation the software, programs, code, technology, offerings, tools, components, upgrades, updates and all related applications, available now or in the future, collectively our “Services”), whether such Services are accessed through the Site or direct via a company login are subject to and conditioned upon your assent to and compliance with these Terms.

BY ACCESSING THE SITE AND/OR USING THE SERVICES, YOU CONFIRM AND ACKNOWLEDGE (1) THAT YOU HAVE READ THIS AGREEMENT, (2) THAT YOU UNDERSTAND ITS CONTENT, AND (3) THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED THIS AGREEMENT, INCLUDING ANY ANCILLARY TERMS LIKE OUR TERMS OF SERVICE (eMail) AND DATA PRIVACY POLICY.

If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access the Site or use any of the Services. Use of our Site or Services is void where prohibited.

The Company may make changes to the Services at any time. From time to time, we may amend this Agreement, in its sole discretion.  All modifications to the Agreement shall become effective immediately, or earlier as described below. You may terminate this Agreement at any time. By creating or requesting new Services after the company has updated the Terms, you agree to all the updated Terms. You also acknowledge and agree that these Terms may be superseded by expressly-designated legal notices or terms located on particular features of the Service (“Additional Terms”) that we may make available from time to time through our internet properties, including any applicable limitations on damages and resolution of disputes. These expressly-designated legal Additional Terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

You represent and warrant that you are of age under the laws of your jurisdiction (the Services are not designed for or directed at children. For more information please refer to our Data Privacy Policy for The Company) and lawfully able to enter into contracts. If you are not legally able to enter into contracts, you may not use the Services at any time or in any manner or submit any information to or the Services. If you are entering into this Agreement on behalf of a business entity, You represent and warrant that you have the legal authority and capacity to bind such business entity. If you are not authorized nor deemed by law to have such authority, you assume sole personal liability for the obligations set out in this Agreement.

We provide various solutions and features for our clients, all delivered within our business management software plans. You may use the Services for your personal use or business use in the organization that you represent, so long as you are in compliance with all provisions of this Agreement.

In connection with your use of the Site or the Services, you may be made aware of services, products, offers, and promotions provided by third parties. Portions of the Services provided by third parties (ie. Facebook or Amazon) may be subject to such entity’s terms and conditions, and your use of such entity’s services is subject to and conditioned upon your acceptance of such additional terms and conditions. If you decide to use such third-party services, you are responsible for reviewing and understanding the terms and conditions governing such third-party services and acknowledge that the third party is responsible for the performance of such services. (Please see Sec. 23, Third Party Services)

In providing the Services, we may obtain and rely on certain information from third parties and third-party software and applications. We cannot guarantee the accuracy or completeness of data provided by third parties.

It is your obligation to ensure that you fully comply with all applicable laws, regulations, and directives with regard to the use of the Site and the Services. For the avoidance of doubt, the ability to access our Site or the Services does not necessarily mean that your use thereto is legal under relevant laws, regulations, and directives.

During the Trial period of ZING, a user account called Support is automatically created and is used by the ZING client support team to provision the site and provide assistance during the Trial. 

ZING provides a website design and build in all ZING Plans. ZING also provides optional ADD-ONS also.

ZING provides a complimentary eCommerce business setup and build of 30 products and associated categories. Client to provide images, descriptions and pricing. 31 to 100 procucts are charged at $300 and over 100, a quotation is provided..

30 Day Complimentary Access to All of ZING

Subscribers of the ZING Business WEBSITE and  STARTER Plan, receive complimentary access to the full ZING Business ESSENTIALS Plan (all features) for 30 days, at which point the client can choose to upgrade to ESSENTIALS or do nothing and remain on the WEBSITE or  STARTER Plan. If remaining on the WEBSITE or STARTER Plan, the additional features of ZING are then no longer available.

See the article How to change/upgrade your ZING Plan?

NOTE: ZING Backend Services including Website, eCommerce, eMail Campaign manager, Scheduling, Rosters configurations and more - require the use of a Desktop/Laptop and is NOT suitable for administering with a Tablet or Phone. See this article here for recommended equipment for use with ZING

NOTE: ZING does NOT provide support for end-user devices. The Help Center has articles to assist but ultimately the responsibility for the health and operation of end devices (desktop, laptop, tablets and phones) lies with the Client.

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5A: 

Conditions of the ZING Website & eCommerce Design & Build service for all plans except the basic WEBSITE Plan are:

WEBSITE DESIGN SESSION:

ZING will schedule a session between the client and a ZING Designer to capture the business requirements for the design of the site and will require the provision of text and/or imagery, logo and color selection.

WEBSITE BUILD & PUBLISHING:

ZING will build up to a 5 page website and publish it on the ZING server platform, provide it with SSL encryption, Business eMail addresses (optional), a standard domain name, and include a 5 Member membership portal if required.

Additional pages are charged at USD$100 per page and are unlimited.

Estimated Delivery: 2 weeks after all outstanding items have been received from the client after design has been completed.

GO LIVE: ZING will charge the customer a one-off Publishing Fee of $149. This will cover all preparatory work in getting the site ready for public viewing, including QA of the site, deployment of the security controls and testing, updates to the mobile view, adding of SEO Title, and Description, addition of web icons, making Google Search console available, addition of the Data Privacy Policy and more. ZING then publishes the site on the internet

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5B:

eCOMMERCE DESIGN & BUILD:

ZING will build out the eCommerce Store with up to 30 product SKUs and will setup the business profile.

Pricing for builds above 30 SKUs:

• 31 to 100: USD$300
• >100: To Be Priced

ZING will assist client to setup:

• adding business details
• connecting Payment Gateway 
• shipping
• taxes
• notifications
• adding the logo
• email address(es)
• legal: refunds, privacy, T&C, Shipping, Payment
• testing of the taking of a payment and ensuring the workflow is correct (notifications received etc)

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5C:

WEBSITE ADD-ONS (includes but is not limited to):

• eCommerce STANDARD: includes up to 100 products and payment gateway integration, digital products up to 100MB in size each, ZING POS integration. DELIVERY: 2 weeks after all products data has been provided.
• eCommerce ADVANCED: includes up to 2,500 products and payment gateway integration, subscription payments, options & variations with inventory management, digital products up to 1GB in size each, ZING POS integration. DELIVERY: TBC
• eCommerce PRO: includes unlimited products and payment gateway integration, digital products up to 10GB in size each, ZING POS integration, SQUARE POS integration. DELIVERY: TBC
• Memberships ADVANCED: up to 1,000 Members 
• Memberships PRO: up to 10,000 Members and paid membership subscriptions to website content
• Logo Creation: design of an exciting new logo which includes 3 revisions. DELIVERY: 1 week after the design is complete.
• Business Cards: design and printing of Business Cards with 3 revisions. DELIVERY: 2 weeks after the design is complete.

See the ZING Add-Ons here.

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5D:

DOMAIN UPDATES:

The ZING Business WEBSITE and STARTER Plans requires records to be added to the client's domain name services (DNS) to enable the publishing of the website and (optionally) the addition of Business Email services and security, on the client's own domain.

The ZING Business ESSENTIAL Plan requires in addition to the DNS records added in the STARTER Plan, records to support the eMail Campaign Manager and Business Notifications authentication.

The client shall provide prompt access to their Domain Registrar who holds the DNS records either by:

• provision of the appropriate login and password and assistance with One Time Passwords (OTP) if enabled or
• delegated access to the domain (ie. with GoDaddy) to support@zing-work.com

It is the responsibilty of the Client to provide ZING Support access to their DNS records on their own domain.

DOMAIN PURCHASE & TRANSFER:

The client may choose to provide access to ZING to their existing domain, for ZING to either acquire a new (standard) domain name on their behalf using ZING's preferred Domain Registrar of Domains By ZING or to optionally have the client's current domain, transferred to ZING for future maintenance and support.

DOMAIN OWNERSHIP

Domains purchased by ZING on behalf of the client  are registered in the name of the Client, but are maintained by ZING until the client chooses to have the domain transferred to a registrar of their own, at which point the client then accepts responsibility for the domain.

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5E:

SEO:

The ZING Website Builder provides for the addition of SEO (Search Engine Optimization) entries (MetaData) for the site and for each of the pages. This includes page TITLE; DESCRIPTION; KEYWORDS & PHRASES. The content of these is to be provided by the client. ZING Support can assist with the entry of this information. See this Help Center article for more on SEO.

SITE INDEXING WITH GOOGLE SEARCH:

It is the client's responsibility to link their website with Google Search using our built-in integration and to publish their site index. It only requires a client's Google login and password to be entered. ZING Support can assist with this, and a Help Center article can be found here.

NOTE: ZING SEO will help your site get found by the Search Engines. Further work is often required with the assistance of an SEO Marketing service to promote the site, create internal and external backlinks, pay for ads and more. ZING can make an introduction for the service.

NOTE: ZING does not provide SEO Marketing services or ongoing Marketing plans. ZING is also not responsible for how a search engine indexes your website or determines what content it will show. SEO Marketing firms can assist and/or improvce this through ongoing improvement plans

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5F:

INTELLECTUAL PROPERTY

All copy, images, video and other content remains the property of the client.

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5G:

BUSINESS EMAIL:

The ZING Business STARTER Plan includes 3 x Business eMail addresses, the ESSENTIAL Plan includes 10 and the PREMIUM Plan includes 20. Access to the client's DNS is required. Business eMails also include SPF, DMARC and DKIM security. All eMail uses SSL encryption. Accounts can be used on Desktop/laptop and on Phones. Webmail is also provided.

NOTE: ZING does NOT provide support for end-user devices. The Help Center has articles to assist but ultimately the responsibility for the health and operation of end devices (desktop, laptop, tablets and phones) lies with the Client.

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5H:

GO LIVE:

ZING Support will liaise with the client and schedule an appropriate time for the website to be published and become live. The Publishing Fee of $149 is required prior to Go-Live.

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5I:

ONGOING SALES, SUPPORT & MAINTENANCE:

Hours of operation: 0900 to 1800 Monday to Friday (excluding US public holidays), Mountain Standard Time, USA.

Communication outside of these hours may not be responded to.

ZING provides complimentary support and minor enhancements and changes to the website, eCommerce and Membership features.

Support is provided via the ZING Support by sending an email to support@zing-work.com or by raising a service request here.

Self Service Support is provided 24x7 at the ZING Help Center found here.

General Public License. 

Any of the Widgets or add-ons we provide are either fully owned by the company or released under the GNU General Public License version 3.0 (“GPLv3”), available at https://www.gnu.org/licenses/gpl-3.0.html. All other Company Services and associated code including but not limited to images, HTML, cascading style sheets, and JavaScript elements are released under the “ServiceQUIK Proprietary Use License”.

(a) ServiceQUIK Proprietary Use License. 

All other Company Services and associated code are released under this Agreement, which Terms comprise the “ServiceQUIK Proprietary Use License” and not under the GPL. The ServiceQUIK Proprietary Use License is a GPL compatible license that applies to the images, cascading style sheets, JavaScript files and all other code produced by us and contained in the Services. These elements are the copyrighted intellectual property of The Company and may not be redistributed, repackaged or used in any fashion other than as provided and explicitly set forth in this Agreement. Any violation of the ServiceQUIK Proprietary Use License may result in suspension or termination of your account and you may be refused any and all current or future access to and use of the Services.

(b) Your Grant of Licenses to Us. 

By accessing the Site or using a Service, you hereby grant to The Company a world-wide, royalty-free, transferrable, sub-licensable and non-exclusive license to use, reproduce, modify, adapt and publish the Content for the purpose of, including but not limited to, displaying, distributing and promoting your business services and products through the ZING application and externally through a ZING provided website and / or eCommerce Store for sharing or promoting ZING or a Service, and storing it on our servers. This license exists only for as long as you continue to be our client and shall be terminated only upon receiving written notice from you.

Your use of the Services on the Site or from a Non-Company Access Point that enables you to access and use the Services, including without limitation any offerings, programs, files, images, and data is licensed to you by us or third-party licensors for your personal use, commercial use or internal business use in the organization that you represent. You shall keep intact all copyright and other proprietary notices and your use of such Service is strictly subject to the terms of this Agreement and any agreement accompanying the Software.

We do not own nor do we claim ownership of the content submitted to be included in and/or displayed on any Site or Service (as between you and us, “Your Content”). Your Content includes, but is not limited to information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services, or other materials included on any Site or Service you use from The Company. You are responsible for all of your Content that is uploaded, posted, transmitted, or otherwise made available via Our Services. We do not control your Content or any Content you post via Our Services and you are responsible for any such Content that may be lost or unrecoverable through use of the Services. Although the Company backs up all data added to the Platform, you are also responsible for archiving and backing up your own Content regularly and frequently.

The Company Services allow you to import or link certain Content hosted on third-party websites into the Services. This third-party Content isn’t owned by the Company, and thus if it is no longer available or accessible to a user, then those portions of your creation that reference such third-party Content will not work.

The Services provide you with the ability to embed images, animations, videos, audio, fonts, and other Content owned or provided by you or other third parties into the Services. The use of such third party Content shall be subject to compliance with the provisions of these Terms and if applicable, the terms of use and/or end-user license agreement provided by the third party owning or providing the third-party Content.

The Company does not warrant that any Content embedded in a Site or our Service, either generated via automatic import or placed manually by you, is licensed for use in your jurisdiction. You are responsible for ensuring you have the appropriate licenses, usage rights or meet the requirements for Fair Use, and/or other laws and rights in your jurisdiction, that may be required for using any Content.

Through our Services, we may provide certain Content that is subject to proprietary rights of third parties. The Company shall have the right, at any time, at its sole and exclusive discretion to remove such Third-Party Content from the Services and/or disable access to Third-Party Content.

The following restrictions apply to all images made available to you via the Site and Service.

You shall not use any image:

• except solely as incorporated into your Site (website, eCommerce, Service) created using the Service.
• together with pornographic, defamatory, or unlawful content or in such a manner that it infringes upon any third party’s trademark or intellectual property rights.
• portraying any person depicted therein (a "Model") in a way that a reasonable person would find offensive, including but not limited to depicting a Model: 

a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; 

b) in connection with the advertisement or promotion of tobacco products; 

c) as endorsing a political party, candidate, elected official, or opinion; 

d) as suffering from, or medicating for, a physical or mental ailment; or 

e) engaging in immoral or criminal activities.

• as a trademark, service mark, or logo.

By using the Services, you may be exposed, and hereby assume all associated risks of being exposed, to Content that you may find offensive, indecent, harmful, inaccurate, deceptive, or objectionable. Under no circumstances will we be liable for your Content or the Content of any third party, including, but not limited to, for any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that we do not pre-screen Content, but that we shall have the right (but not the obligation) to refuse, move, or delete any Content that is available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. You bear all risks associated with the use of any Content. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect our rights, property, or personal safety and those of our users and the public.

THE COMPANY SHALL HAVE THE RIGHT TO DISABLE THE ACCESS TO ANY CONTENT AND/OR DELETE IT AT ITS SOLE AND EXCLUSIVE DISCRETION, WITH NO LIABILITY TO THE COMPANY, AND YOU SHALL NOT BE ENTITLED TO ANY REIMBURSEMENT OF ANY AMOUNT PAID BY YOU.

Some functions of the Services require registration, and as part of the process you will be requested to provide certain information, including among others: your name, email address, company name, the field of business, and domain URL (“Registration Data“).

30 Day Complimentary Access to All of ZING

Subscribers of the ZING Business STARTER Plan, receive complimentary access to the full ZING Business ESSENTIALS Plan (all features) for 30 days, at which point the client can choose to upgrade to ESSENTIALS or do nothing and remain on the STARTER Plan. If remaining on the STARTER Plan, the additional features of ZING are then no longer available.

See the article How to change/upgrade your ZING Plan?

The scope of information we collect is described in  section 9 and our Data Privacy Policy, which forms part of this Agreement. If you wish to access or manage any of your Content and/or information, including your Personal Data, you may do so at any time using your account settings and as further described in our Data Privacy Policy. You may also contact us directly via our Help Center, the widget in the bottom right corner or via email.

(a) By using the Services, you agree to:

• Provide true, accurate, current, and complete Registration Data as prompted by the registration process;
• Maintain and promptly update the ZING Business details to keep it accurate, current, and complete;
• Maintain the security and confidentiality of your password and any other security or access information used by you to access the Site or Services;
• Ensure that you log out of the Services at the end of each session using the Services.
• Refrain from transferring your user account on the Services to any other party without our prior written consent (for more information, please see the "Transfer of Accounts and Sites" sub-section below);
• Refrain from impersonating any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other Registration Data; and
• Immediately notify us in writing if you become aware of any loss, theft, or use by any other person or entity of any of your Registration Data in connection with the Site or the Services or any other breach of security that you become aware of involving or relating to the Site.

You represent that any communications and all other activities through the use of your Registration Data were sent or authorized by you, and you agree and understand that you are fully responsible for all activities that occur under your Registration Data.

The sending of unwanted messages from one user to another is strictly forbidden. Personal Data of another user obtained through your use of the Site or the Services may only be used by you for the purpose for which such information was provided to you and strictly in accordance with this Agreement, or otherwise subject to such user’s prior written consent.

We may, in our sole discretion and without liability to you or any third party, suspend or terminate your account and refuse any and all current or future access to and use of the Services (or any portion thereof). Grounds for such termination may include but are not limited to, extended periods of inactivity, loss, theft or unauthorized use of Your Registration Data, violation of the letter or spirit of this Agreement, violation of Section 11: USER CODE OF CONDUCT guidelines, providing content including without limitation Registration Data that is inappropriate or offensive in our discretion, or if we have reasonable grounds to suspect any of the Registration Data that you provided is inaccurate, not current or incomplete.

You declare that by providing your Registration Data to us, you hereby consent to us sending, and you receiving, by means of telephone, SMS or e-mail, communications containing content of a commercial nature relating to your use of the Site, the Services and related services, including further information and offers from us that we believe you may find useful or interesting, such as newsletters, marketing or promotional materials. We shall immediately cease to send any such further communications should you notify us in writing or use of UNSUBSCRIBE (where applicable) that you do not wish to receive such commercial content anymore.

(b) Transfer of Accounts and Sites

In order to request the transfer of your site(s) and/or account to another person or legal entity please contact us using the contact details provided below.

Please note that:

• You may only request the transfer of sites or accounts of which you are the legal owner and/or holder of rights to;
• All transfers of sites and/or accounts are subject to our sole discretion and written approval. Under no circumstances shall The Company be obliged to comply with such request.
• Under no circumstances shall The Company act as an intermediary, arbiter, or adjudicator between you and any third party. If your transfer request affects third parties, such in cases where accounts and/or sites are managed by you on behalf of third parties (e.g. your clients), We may ask for, and your request may be subject to, such third parties' consent.
• Any transfer is subject to the transferee entering into a substitute legal agreement with us and accepting any terms, policies, guidelines and requirements as we may deem applicable, at our sole discretion.

By providing The Company with an account or site transfer order, you represent and warrant that: (i) you are allowed to request the transfer of such account or site; and (ii) that you release and forever waive any claims against The Company from any and all claim, suit, liability, damage, loss, cost or expense of any nature whatsoever arising out of or in connection thereto. Furthermore, you shall hold The Company harmless from any and all claims, suits, proceedings, by any third party, and indemnify The Company from any and all fines, costs, expenses (including reasonable attorney's fees), losses or damages, arising from or connected to the transfer of such account and/or site.

For the purposes of this Agreement:

“Site Visitor” 

means your end-user, such as a visitor to your Site or Service.

“Site Visitor Data” 

means any and all data and content from a Site Visitor, including but not limited to words, music, images, and videos.

“Data Protection Laws” 

shall mean all national, foreign, state or local laws, regulations or, ordinances, or other government standards relating to the privacy, confidentiality or security of Personal Data, including but not limited to the Electronic Communications Directive and respective local implementing laws, together with relevant national implementing legislation, the EU General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act of 2018, and any regulations enacted thereunder (the "CCPA"), and the Singapore Personal Data Privacy Act (PDPA).

“Personal Data” 

shall have the meaning ascribed to this term in Data Protection Laws and shall include information (regardless of the medium in which it is contained and whether alone or in combination) that directly or indirectly identifies an individual and is Processed (as defined below) by you or by The Company, pursuant to this Agreement, including Registration Data and Site Visitor Data.

“Personal Data Breach” 

means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data transmitted, stored or otherwise Processed by The Company pursuant to this Agreement and that is likely to result in a risk to the rights and freedoms of natural persons.

“Process”, “Processed” or “Processing” 

means any operation or set of operations which is performed upon Personal Data, whether or not by automated means, including but not limited to the collection, recording, organization, structuring, alteration, use, access, disclosure, copying, transfer, storage, deletion, combination, restriction, adaptation, retrieval, consultation, destruction, disposal, or other use of Personal Data.

“Transfer”, “Transferred” or “Transferring” 

means, whether by physical or electronic means both (a) the moving of Personal Data from one location or person to another, and (b) the granting of access to Personal Data by one location or person to another.

Your Representations

By using the Services of the Company you hereby represent and warrant that:

8.1 You comply with all applicable Data Protection Laws and that Personal Data has been and will continue to be collected, processed, and transferred by you in accordance with the relevant provisions of the Data Protection Laws of your jurisdiction.

8.2 You shall provide The Company only with Personal Data that is required for The Company’s Services under this Agreement and not request or require that The Company Process Personal Data in any way that would violate applicable Data Protection Laws. Notwithstanding the foregoing, you are strictly prohibited from uploading to and/or using the Services in connection to Personal Data which includes Special Categories of Personal Data (as defined in article 9 to the GDPR), or any type of Personal Data which is considered sensitive and/or restricted in nature under applicable Data Protection Laws ("Prohibited Data"), including but not limited to:

• data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership;
• genetic or biometric data;
• data concerning health;
• data concerning a person’s sex life or sexual orientation;
• Social Security Number (SSN), Driver's Identification Number;
• financial data (including but not limited to credit card information, credit rating information, etc.);
• information pertaining to minors under 16 years of age.

You hereby represent and warrant that: (i) you understand and agree to act in accordance with the above restriction; and (ii) you acknowledge that The Company shall not be responsible or liable to you or to any Site Visitor for any action taken in contravention thereof; and (iii) you shall indemnify and hold The Company harmless from any and all fines, damages, expenses (including reasonable attorney's fees), and/or the commencement of any action, suit, proceeding or investigation, in connection to any Processing of Prohibited Data.

8.3 Throughout the duration of the Agreement, you agree and warrant that the processing of Personal Data by you, as well as any instruction to The Company in connection with the processing of the Personal Data, has been and will continue to be carried out in accordance with the relevant provisions of the relevant Data Protection Laws.

8.4 You have informed data subjects of the processing and transfer of Personal Data pursuant to this Agreement and obtained the relevant consent thereto (including without limitation any consent required in order to comply with the Processing Instructions and those purposes detailed herein).

Our Representations

8.5 The Company will Process Personal Data only (a) in accordance with this Agreement or on written instructions by you; or (b) as otherwise permitted by law or required by law, in which case The Company will inform you of that legal requirement before Processing, unless that law prohibits such information on important grounds of public interest.

8.6 The Company will not use Personal Data for any use other than as expressly provided herein. Processing any Personal Data outside the scope of this Agreement will require an additional prior written agreement between you and The Company, and will include any additional fees that may be payable by you to The Company for carrying out such instructions. Notwithstanding the foregoing, The Company shall be entitled to use the Personal Data for statistical and financial purposes provided however that any personal attributes shall be removed from such Personal Data or otherwise if such is maintained on an aggregated basis.

8.7 The Company will ensure that any persons authorized to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

8.8 The Company will implement appropriate technical and organizational measures to ensure a level of security of Personal Data, appropriate to the risk, including, as deemed appropriate by The Company: 

(a) pseudonymization or encryption of Personal Data; 

(b) the ability to ensure the ongoing confidentiality, integrity, availability, and resilience of systems and services Processing Personal Data; 

(c) the ability to restore the availability of and access to Personal Data in a timely manner in the event of a security incident; and 

(d) a process to regularly test, assess, and evaluate the effectiveness of technical and organizational measures for ensuring the security of the Processing. The aforementioned measures are subject to technical progress and development andThe Company may update or modify them from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Services. 

8.9 You provide a general consent to The Company to engage onward secondary processors, provided that The Company will not disclose, transfer and/or grant access to personal data to another processor (“Sub-processor") unless it: 

(a) executes a written agreement with each Sub-processor that contains the same or substantially similar data protection obligations imposed on The Company by this Agreement; and 

(b) remains liable, subject to the provisions of Sections 17, 18, and 19 hereunder, for all the acts and/or omissions of the Sub-processor with respect to the processing of the personal data.

8.10 If The Company receives any requests from individuals or applicable data protection authorities relating to the disclosure or Processing of Personal Data under the Agreement, including requests from individuals seeking to exercise their rights under Data Protection Laws, The Company will promptly redirect the request to you. The Company will not respond to such communication directly without your prior authorization unless legally compelled to do so. If The Company is required to respond to such a request, The Company will promptly notify you and provide you with a copy of the request, unless legally prohibited from doing so. The Company will, insofar as is reasonably achievable and taking into account the nature of the Processing, assist you by appropriate technical and organizational measures for the fulfillment of your obligations to respond to requests from data subjects regarding their rights under the GDPR or similar. It is hereby clarified that if no such response is received from you within three (3) business days (or otherwise any shorter period as dictated by the relevant law or authority), The Company shall be entitled to respond and provide such information. If The Company receives a request from a Consumer (as this term is defined in the CCPA) regarding Personal Data that The Company Processes on your behalf, it shall inform the Consumer that it should submit the request directly to you and, when feasible, provide the Consumer with your contact information.

8.11 The Company will notify you without undue delay after becoming aware of a Personal Data Breach. Where required for compliance with its obligations under Data Protection Laws, The Company will include in its notification, to the extent required and known to it: 

(a) a description of the nature of the Personal Data Breach, including where possible, the categories and an approximate number of data subjects concerned and the categories and an approximate number of Personal Data records concerned; 

(b) the name and contact details of the data protection officer or another contact point where more information can be obtained; 

(c) a description of the likely consequences of the Personal Data Breach; and 

(d) the measures are taken or proposed to be taken by The Company to address the Personal Data Breach, including, where appropriate, measures to mitigate its possible adverse effects. For the avoidance of doubt, where notification regarding a Personal Data Breach is required to individuals or governmental authorities under applicable Data Protection Laws, you will provide such notifications.

8.12 Upon written request from you, and taking into account the nature of Processing and the information available to The Company, The Company will assist you in ensuring compliance with your data protection impact assessment and prior consultation requirements under Articles 35-36 of the GDPR subject to you bearing The Company’s reasonably incurred costs for the provision of such assistance.

8.13 Upon written request from you, and no more than once per calendar year, The Company will make available to you all information necessary to demonstrate compliance with its obligations under the GDPR and allow for, and contribute to audits, including inspections, conducted by you or another auditor mandated by you. Any reviews of information, audits, or inspections conducted pursuant to this section shall be at your sole expense.

8.14 The Company adheres to the EU-U.S. Privacy Shield Framework, as administered by the U.S. Department of Commerce and detailed at https://www.privacyshield.gov. However, due to the invalidation of the Privacy Shield Framework by the Court of Justice of the European Union, and to the extent, The Company transfers your Personal Data outside the European Union, The Company shall only do so to a jurisdiction approved by the European Commission as providing sufficient protection to the processing of Personal Data, and/or rely on appropriate safeguards, including where applicable, the standard contractual clauses for the transfer of personal data adopted by the European Commission.

8.15 The Company agrees to notify you promptly if it becomes unable to comply with the terms of this Agreement and take reasonable and appropriate measures to remedy such non-compliance.

8.16 The Company will only retain Personal Data for as long as Services are provided to you in accordance with this Agreement or as otherwise permitted under applicable laws. Following expiration or termination of the Agreement, The Company will delete or return to you all Personal Data in its possession as provided in the Agreement except to the extent The Company is required by the applicable law to retain some or all of the Personal Data (in which case The Company will implement reasonable measures to prevent the Personal Data from any further Processing). The terms of this agreement will continue to apply to such Personal Data.

Notwithstanding the foregoing, The Company shall be entitled to maintain Personal Data following the termination of this Agreement for the exercise or defense from legal claims, and for statistical and/or financial purposes provided always that The Company maintains such Personal Data on an aggregated basis or otherwise after having removed all personally identifiable attributes from such Personal Data.

8.17 In addition to the above privacy principles and these Terms, your use of the Site and the Services is also subject to Our Privacy Policy which informs you of our policies and procedures regarding the collection, use, and disclosure of information we receive when you visit our Site and use any part of our Services. By using or accessing the Site and the Services, you consent to the collection and use of information, including Personal Data, as described herein and in our Data Privacy Policy, as may be amended by us from time to time. Our Data Privacy Policy is hereby incorporated by reference into this Agreement, and your consent to these Terms of Service shall be deemed your consent to our Data Privacy Policy.

By using the Services, you agree to pay all associated set-up and subscription fees. In order to ensure that you do not experience any interruption or loss of services due to the lapse of any particular subscription period, the Services operate with automatic renewal, on a recurring-fees basis. The Company will attempt to automatically renew the applicable Services for a renewal period equal in time to the original subscription period for such Service and automatically charge you the applicable Fees using the payment method you have on file with The Company.

The Company reserves the right to establish the price for every Service we offer. We may change the price of any Service at any time, at our sole discretion. We reserve the right to charge a price for a Service that was previously offered for free. If we decide to increase the price of a Service for which you are subscribed, we will make every effort to communicate this pricing change to you via email. We do not need to notify you if we decide to raise the price of a Service for which you are not subscribed.

Please review the payment and billing terms for each of our Services carefully. 

For clients on the WEBSITE, STARTER, ESSENTIAL, or PREMIUM plans, payments for each Service purchased will be added to your next monthly invoice including any ADD-ONs you may have purchased. You will be billed for the full amount of the subscription upon your next billing date.

The Company provides a 7 day FREE Trial, during which you will be invited to subscribe to the Service and choose the plan you wish to use.

(a) Pricing

The Company provides a single monthly pricing model per plan and can be canceled at any time. There are no pro-rate refunds and canceled plans will run through to the end of the monthly billing cycle.

7 Day TRIAL: Free

STARTER: USD$49/m

ESSENTIAL: USD$99/m

PREMIUM: USD$199/m

ADD-ONS: vary

Products and services are not eligible for a refund; unless otherwise provided by law, all purchases of The Company's products and services are final and non-refundable:

(b) FREE Trial

When participating in a Free Trial of a Service, you shall have the right to use the Service for the duration of the free trial without charge until the expiration date of the trial at which point Services shall be discontinued if you do not elect to purchase a subscription to the Service. All conditions of this Terms of Service also apply to Free Trial clients.

(c) 30 Day Complimentary Access to All of ZING

Subscribers of the ZING Business STARTER Plan, receive complimentary access to the full ZING Business ESSENTIALS Plan (all features) for 30 days, at which point the client can choose to upgrade to ESSENTIALS or do nothing and remain on the STARTER Plan. If remaining on the STARTER Plan, the additional features of ZING are then no longer available.

See the article How to change/upgrade your ZING Plan?

(d) Cancellation

A ZING subscription can be canceled at any time by writing to support@zing-work.com or canceling from in the ZING application and will take effect at the end of the current billing cycle. See our Help Center at support.zing.work for more information. 

(d) Refunds

No refund for the balance of a monthly plan is provided. Billing will cease at the end of the current billing period. 

(e) Promotions

From time to time, the company will release certain promotions and any special conditions will be applied here:

You are and shall be fully responsible for the payment of any taxes that apply to your use of the Site or the Services.

The Services, including without limitation payment processing, may be handled directly by us or by online third parties. 

Where a third party handles a payment, the payment is subject to the terms of use and privacy policy of such third party (including among others payment methods, tax liability, collection and use of your Personal Data, and support levels). 

You may access and use the Site and Services only for purposes as intended by the normal functionality of the Site and Services, and so long as you are in compliance with all provisions of this Agreement. In connection with your use of the Site and the Services, you agree to abide by all applicable local, state, national and international laws, and regulations and not, nor allow or facilitate a third party to, violate or infringe any rights (including without limitation copyrights, rights of publicity or privacy and trademarks) of others, Our policies or the operational or security mechanisms of the Services, and without limiting the foregoing, you may not:

• use (i) the Site, (ii) the Services, or (iii) any Content, services, features, data, information, text, images, photographs, graphics, scripts, sounds, video, music, sound recordings, programming, logos, trademarks, services marks, HTML code, a compilation of content, format, design, user interface and software made available through or which appears on the Site or Services to promote, conduct, or contribute to fraudulent, obscene, pornographic, inappropriate or illegal activities as determined by us at our sole discretion, including without limitation deceptive impersonation, in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming, phishing or any duplicative or unsolicited messages (commercial or otherwise);
• interfere with the access, use or enjoyment of this Site or the Services by others (including without limitation causing greater demand on the Services than is deemed by us reasonable, attacks such as "flaming" other participants in a manner that might incite or perpetuate a conflict or argument, and creating usernames to attack other participants' identities); harass or defame others, or promote hatred towards any group of people;
• harvest or otherwise collect non-public information about another user obtained through the Site or the Services (including without limitation email addresses), without the prior written consent of the holder of the appropriate rights to such information;
• add an email address to your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes, including "flaming," ”phishing,” "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the internet;
• use any Content except for the intended purposes of the Services and Site, subject always to the terms of this Agreement. You may not display, import or export feedback information relating to the Site or use it for purposes unrelated to the Services without our prior written consent;
• alter, modify, delete, forge, frame, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise any part of the Site, the Services, any Content, or features;
• access or attempt to access any of our systems, programs, or data that are not made available for public use, or attempt to bypass any registration processes on the Services;
• decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Site or the Services except if and to the extent permitted by applicable law;
• copy, distribute, transmit, broadcast, publicly display, publicly perform, rent or sell any portion of the Services, the Site or the Content;
• use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to monitor or scrape information from this Site or the Services, or bypass any robot exclusion request (either on headers or anywhere else on the Site);
• fail to deliver timely payment for your purchases;
• use any meta tags or any other "hidden text" utilizing any trademarks or intellectual property owned or licensed by us;
• create or provide any other means through which the Services may be accessed, for example, through server emulators, whether for profit or not;
• 'deep-link', redistribute or facilitate the redistribution of Content; and
• abuse or use any other means to affect or manipulate the Services in general or the prices quoted through the Services
• engage in activity or use language that is threatening, abusive, harassing, defamatory, libelous, offensive, profane against any of our customers, users, employees, representatives, or any third party as determined by us in our sole discretion

We are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any Content, other than Content provided by us.

You acknowledge that our Site and the Services, including without limitation the Software, the trademarks, service marks, and logos contained on the Site and Services (“Marks”), are protected by copyrights, trademarks, service marks, patents, or other proprietary rights, both with respect to individual content and as a collective work or compilation, pursuant to laws and international conventions. Any rights to the Site and the Services, and all The Company Content contained therein, are reserved by us and our licensors.

You acknowledge that The Company's Content is protected by copyrights, trademarks, service marks, patents, or other proprietary rights, both with respect to individual Content and as a collective work or compilation, pursuant to laws and international conventions. Any rights to The Company's Content, the Site, and the Services not expressly granted herein are reserved.

As part of the Services, we enable you to convert your existing business and data, website or other presence including eCommerce and business systems into Company built ZING (or ZING Medical) applications as content and on to The Company built webapps, websites and eCommerce sites. You understand that as part of this conversion process, some Content may not transfer to The Company or such Content may be modified or transformed during the conversion process. The Company is not and shall not be responsible for any such missing or modified Content. You also understand and agree that if you use the Services to convert your existing Content, The Company is not responsible for any decrease in web traffic, SEO ranking, or any related impact on your business, financial or otherwise. You bear all risks associated with the conversion of your existing website or other presence into The Company built Site and Services.

You are solely responsible for your interaction with other users of the Services and other parties with whom you come in contact through your and their use of Our Site or the Services. We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Services. If you have a dispute with one or more users of the Site or the Services, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If You are a California resident, you waive the California Civil Code, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

The Site and Services may contain links and references to websites belonging to other entities. We may, from time to time, at our sole discretion, add or remove links to other entities ' websites. These links are provided solely as a convenience to you, and access to any such websites is at your own risk. We encourage you to be aware when you leave the Site or Service and to read the terms and conditions and privacy policy of each other entity's website that you visit. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such websites. In no event shall The Company be responsible for the information contained in such websites, their practices or for your use of or inability to use such websites, or transmissions received from such websites. You expressly relieve us from any and all liability arising from your use of any third-party website.

Subject to the terms of this Agreement and so long as this Agreement is not terminated, we grant to you a nonexclusive, non-transferable, non-sublicensable right to display on your website a link to the Site's homepage, as long as your use is not misleading, illegal or defamatory, or your website is not obscene, pornographic, inappropriate or illegal. You may display the logo only in the form and size provided to you. You may not use the logo in any way that suggests that we endorse or sponsor your site, or that tarnishes, blurs, or dilutes the quality of our trademarks or any associated goodwill, including without limitation displaying the logo on any page that contains infringing, misleading or illegal content. All use of and the goodwill associated with the logo shall inure to our benefit.

Any feedback you may provide The Company, including without limitation, images, words, ideas, knowledge, techniques, marketing plans, information, questions, answers, suggestions, emails comments, and the like shall be considered non-confidential nor of a proprietary nature. In providing this material, you authorize us to use it and any images, developments, or derivatives thereof, according to our needs as determined in our sole discretion, including for public relations and promotion of the Site and the Services in the online and offline media, and all without the requirement of any additional permission from you or the payment of any compensation to you. You also agree that (i) by submitting unsolicited ideas to us or any of our or your representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to us or any of our employees or representatives automatically become the property of The Company. You hereby assign and agree to assign all rights, title, and interest you have in such feedback and ideas to The Company together with all intellectual property rights therein.

THE COMPANY'S CONTENT, THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE ABOVE, (I) WE MAKE NO WARRANTY THAT THE SITE, THE SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, ACCURATE, CORRECT, COMPLETE OR AVAILABLE; (II) WE DO NOT ENDORSE OR APPROVE ANY CONTENT PROVIDED BY ANY THIRD-PARTY OR BY YOU AND DISCLAIM ALL LIABILITY WHATSOEVER THERETO; AND (III) WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS SITE, THE SERVICES OR THE CONTENT IN TERMS OF ITS CORRECTNESS, COMPLETENESS, RESULTS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE.

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THIS SITE OR THE SERVICES (INCLUDING WITHOUT LIMITATION THE USE OF ANY CONTENT, INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THIS SITE OR THE SERVICES), (II) ACTION OR INACTION IN CONNECTION WITH THIS AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) STATEMENTS OR CONDUCT OF YOU OR ANY THIRD PARTY ON THIS SITE OR YOUR SITE, INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS THEREON; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.

All of the above limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between us and you. You agree that any claim or cause of action arising out of or in connection with the Site, the Services, the Content, or the Agreement must be filed within thirty (30) days after such claim or cause of action arose or be forever barred.

In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, You agree that our aggregate liability shall not exceed the amount paid by you to us pursuant to this Agreement.

YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES, FROM ALL CLAIMS, LIABILITIES, LOSS, AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED) RELATED TO IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON THIS SITE, THE SERVICES OR THE CONTENT, (II) YOUR CONTENT, OR (III) YOUR VIOLATION OF ANY OF THE TERMS OF THIS AGREEMENT OR ANY APPLICABLE LAWS OR REGULATIONS.

We will provide you with written notice of such a claim. You will not enter into any settlement or compromise of any such claim without our prior written consent. We may assume the exclusive defence and control of any matter subject to indemnification by you. In all events, you shall cooperate fully in the defence of any claim.

As one of the final steps to publishing your public facing website or eCommerce StoreFront, you may be required to install or have installed in the code of your site a certain section of code that redirects Site Visitors (“Redirect Code”). In rare cases, installing Redirect Code incorrectly can cause a site to be impaired, malfunction, or function differently.

Similarly, when accessing a Service from a Non-Company Access Point, it may be necessary for a certain section of code (“Script”) to be added to your site to ensure proper integration and functionality of the Service within your site.

You understand and acknowledge the Agreement’s Limitation of Liability (Sec. 19) and Indemnification (Sec. 20) apply to all foreseen and unforeseen situations arising from your installation of Redirect Code and other Script insertion; in no way shall The Company be responsible for any related claims, liabilities, loss or damages.

When using our multi-language feature, you will have the option of translating the existing Content of the site using Google Translate. Google would like you to be aware of the following disclaimer:

"THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT."

The Site and Services enable you to engage, install, add and/or procure certain third-party services and tools, including apps, images, and domain registrars from which you may purchase a domain name for your site, (collectively, “Third Party Services”).

You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled with certain Company Services, offered separately by The Company or otherwise offered anywhere in the Services), The Company merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. The Company will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third Party Services.

Any and all use of such Third Party Services shall be done solely at your own risk and responsibility and may be subject to such legal terms that govern such Third Party Services, which you are encouraged to review before engaging with them.

Among the Third Party Services mentioned above is the YouTube API, which is subject to YouTube's Terms of Service. 

By using The Company's Services alongside the YouTube API you agree to be bound by YouTube's Terms of Service.

While we hope to avoid such instances, The Company may, at any time and at its sole discretion, suspend, disable access to or remove from your account and/or the Services, any Third Party Services – whether or not incorporated with or made part of your account and/or site(s) at such time – without any liability to you or to any end-users.

YOU SHALL NOT USE THE SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. 

We have adopted and implemented a policy, stated below, that provides for the termination in appropriate circumstances of The Company users who infringe or are believed to be infringing the rights of copyright holders:

If you believe that any material contained on the Site or Services infringes your copyright, you should notify this The Company's Designated Agent listed below by email with the following information required:

legal@servicequik.com

Your notice to the Designated Agent should be in English and contain the following information: 

• a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; 
• a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; 
• a description of the exact name of the infringing work and the location of the infringing work on the Services; 
• information sufficient to permit us to contact you, such as your physical address, telephone number, and e-mail address; 
• a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; 
• a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorized to act on the copyright owner's behalf.

The Copyright Agent will only respond to any claims involving alleged copyright infringement. Notwithstanding this section, we reserve the right at any time and in our sole discretion, to remove content which in our sole judgment appears to infringe the intellectual property rights of another person.

Internal Complaint Handling

If you have a complaint regarding our Services concerning any of the issues described below, you can lodge your complaint using our Internal Complaint Handling System:

complaints@servicequik.com

• Alleged non-compliance by us with our obligations under (EU) 2019/1150 (the Platform to Business, or P2B, regulation), and this alleged non-compliance affects you;
• Technological issues related directly to the provision of our Services and affecting you;
• Measures were taken by us, or our behavior, insofar as it relates directly to the provision of our Services, and affecting you.

We attempt to resolve all complaints as swiftly and as effectively as possible and try to address any issues raised to the best of our ability, taking into account the importance and complexity of the issue raised. Once we have reviewed your complaint, we will communicate to you the outcome of the review. We also publish information regarding the functioning and effectiveness of our Internal Complaint Handling System here.

In case of any dispute which is not related to one of the matters mentioned above or which remains unresolved after using our Internal Complaint Handling System, the parties will first attempt in good faith to negotiate a written resolution of the matter directly. if the matter remains unresolved for sixty (60) it will be deemed a “dispute” and each party shall first refer the dispute to proceedings under the Singapore Disputes Remediation Rules, as mutually agreed. Unless otherwise agreed to in writing, the parties shall conduct the mediation in Singapore and select a mutually agreeable mediator. If the parties are unable to agree upon a mediator, the parties agree that one will be appointed. The mediation shall be conducted in English and each party shall bear its own fees, costs, and expenses. Each party shall designate a business executive to have full and complete authority to resolve the dispute and to represent its interests in the mediation, and each party may, in its sole discretion, include any number of other representatives in the mediation process.

This Agreement will be governed by the laws of Singapore without regard to its choice of law or conflicts of law principles. You hereby consent to the exclusive jurisdiction and venue in the courts in Singapore, except that temporary relief to enjoin infringement of intellectual property rights may be sought in any court.

The company reserves the right to terminate the service at any time - for any reason. Likely reasons are (but not limited to):

• breach of our Terms of Service or Data Privacy Policy
• the company's inability to provide the service
• termination of the service at our discretion
• exit from a particular market with notice

Depending on the severity of a breach, termination may be immediate or may occur at the end of the monthly billing period. 

If the company chooses to exit a market, clients will be provided 3 months' notice. Clients may choose to continue with the service, though it may not be hosted in their local jurisdiction

ZING provides complimentary support* for both business needs and technical issues or solutions. We ask that a Service Request or email is raised/sent per issue and as much detail as possible is provided, including screenshots.

________________________________________

HOURS OF OPERATION 

0900 to 1830 Monday to Friday (excluding US public holidays), Mountain Standard Time, USA.

Communication outside of these hours may not be responded to.

SUPPORT - Contact Us

• EMAIL: send an enquiry at any time to support@zing-work.com and a ticket will be automatically created
• SERVICE REQUEST: please send us a Service Request by completing the form here
• PHONE: available with ZING Business Premium and with puchase of the ZING Support - Phone/ZOOM Call for $99 per hour*
• CHAT: is available through the Support widget in the bottom right corner of our website of it out of hours, a message can be left that will raise at icket for a response.
• SELF SERVICE SUPPORT is provided 24x7 at the ZING Help Center found here.

_______________________________________

SUPPORT - Time to respond

• ZING Support will respond to all enquiries in within 3 business days (or less). 

_______________________________________

ZING Support - Phone/ZOOM Call

• 1 hour direct technical or business assistance from ZING Support either by phone or over ZOOM for assistance with ZING products.
• This is above and beyond our complimentary email support.

INCLUDED

• ZING Business STARTER
• ZING Business ESSENTIALS
• ZING Business PREMIUM
• Domains by ZING
• ZING Business eMail
• ZING Website Builder
• ZING eCommerce Storefront
• ZING eMail Campaign Manager

NOT INCLUDED

• end-user devices (phone/laptop)
• assistance with the setup of Google products ie. Google Workspace, Google Search, Google Business etc
• assistance with the setup of Microsoft products ie. Office365, Exchange, Dynamics etc
• other 3rd party integrations and suppliers

For support with Google, Microsoft, end-user devices, and other 3rd party software, we recommend engaging local IT Service and/or a Managed Service Provider

________________________________________

NOTE: ZING does NOT provide support for end-user devices. The Help Center has articles to assist but ultimately the responsibility for the health and operation of end devices (desktop, laptop, tablets and phones) lies with the Client.

* NOTE: Limit of 3 issues/requests per month per website and/or location. It's then at the discretion of ZING if it chooses to charge for further consultations.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term. 

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by us without restriction. 

You agree that no joint venture, partnership, employment, franchise, or agency relationship exists between you and us as a result of the use of the Site or the Services. 

This Agreement comprises the entire agreement between you and us, states our and our suppliers' entire liability and your exclusive remedy with respect to the Site and Services, and supersedes all prior agreements pertaining to the subject matter thereof. If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. 

The section titles in this Agreement are solely used for convenience and have no legal or contractual significance. 

No provision of the Agreement shall be construed against us but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis after the opportunity to confer with advisors and legal counsel about the meaning and effects of the terms of this Agreement.

If you have any questions about our Terms of Service, please contact our Data Privacy Officer via email at:

dpo@servicequik.com