Clubit New Media has been in an ongoing dispute with Zini Mobiles Ltd for weeks regarding an alleged breach of contract. We now find ourselves in an impossible situation that we cannot resolve even though we have worked tirelessly to resolve it.
As Kickstarter backers ourselves, we understand the importance of regular, honest updates and communication with backers. Unfortunately in this instance our hands have been tied from updating you due to threats of legal action if we were to post anything negative about Zini Mobiles Ltd.
As you are aware this was a collaborative project between Zini Mobiles Ltd (who are the creators, inventors, brand owners and IP owners of the Zanco tiny t1 mobile phone) and Clubit New Media Ltd (the marketing team behind the Zanco tiny t1 project). In late 2017, we entered into an agreement with Zini Mobiles Ltd, under which we were to market the Zanco Tiny T1 phone and manage the kickstarter campaign, and Zini Mobiles Ltd was to manufacture the phones. As you know, the kickstarter campaign was a huge success, and we are grateful to all 3,405 backers.
Following the conclusion of the Kickstarter campaign, monies were transferred to Zini Mobiles Ltd, which had been agreed as the total sum to be paid for the manufacture of the phones.
The phones have been manufactured as can be seen from the photos in update #25 dated 15th May 2018, Zini Mobiles Ltd is now seeking additional payment in order to release the phones. We do not believe it is entitled to make this demand.
In addition to the above, Zini Mobiles Ltd is stating that it will not release the phones to us in order that we can deliver them to you until it has each backer’s full details. As we are sure you will understand, as data processors, we have certain obligations (under the GDPR) relating to how we are allowed to handle your data. In circumstances where we do not have your permission to pass the data on to third parties, we are unable to do so.
We were recently informed by a backer that the Zanco tiny t1 phones are available for purchase on an online marketplace. We have since purchased one and we received it yesterday 12th June 2018.
Zini Mobiles Ltd also alleges that Clubit New Media has pretended that it is the designer and creator of the Zanco Tiny T1. We believe that this stems from the fact that on the Kickstarter page, Kickstarter states ‘created by Clubit New Media Limited’ but, as you will no doubt know if you are a regular user of Kickstarter, this section is automatically generated by Kickstarter and is simply intended to indicate the creator of the page. We have clearly written directly above this point that ‘this innovative phone was designed and developed by Zini Mobiles Ltd’, and further details are available further down the page, where it is explained clearly that Zanco and its parent company Zini Mobiles Ltd are the owners and creators of the phone, and Clubit New Media Ltd is simply the marketing team behind the campaign. Clubit New Media has not developed the phone, and we do not believe that we have ever represented that it has.
Whilst we appreciate that you have been waiting for a full update for some time, please understand that we have been working in the background to try and resolve matters with Zini Mobiles Ltd.
Our number one priority has always been a resolution for you – that resolution ideally being the delivery of the Zanco Tiny T1 phone. We have instructed solicitors to act on our behalf, and we are in the process of considering with our solicitors all available options to us in order to recover the phones from Zini Mobiles Ltd or, if this cannot possibly be achieved, to require Zini Mobiles Ltd to return the money which has been paid to it. In light of this, we are hesitant to comment further on our legal position and we were surprised to read that Zini Mobiles Ltd has asked a third party, ‘DoppelL’ (who is a backer of the Kickstarter campaign) to distribute information relating to confidential correspondence which we have had with them. It is unfortunate that Zini Mobiles Ltd appears to have taken to using the comments page as a means of trying to address the issues between us. At this stage, the most we can say is that we have put forward a confidential proposal to Zini Mobiles Ltd through our solicitors, which we believe is a fair proposal. We are currently awaiting Zini Mobiles Ltd’s full response.
We are sorry that we have been pushed into airing these details in this way. As above, we have been working in the background to try and resolve this but in circumstances where Zini Mobiles Ltd are taking steps to air the situation in this way, we believe that you deserve to receive a detailed explanation of the situation.
We will update you as soon as progress is made on the above.
We can only hope that with your support we can convince Zini Mobiles Ltd to either send us the phones so we can fulfil the rewards or refund all the monies paid so we can refund all backers.
The Clubit New Media team and its extended partners have worked hard to create a successful campaign. We have always acted in good faith and our priority is and always has been to deliver the rewards to the backers as promised.
Thank You
Clubit New Media
