Terms & Conditions

Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Zwebist ("we," "us," or "our") governing your access to and use of our website at https://zwebist.com and our services. By accessing our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must immediately discontinue use of our website and services.

Services Overview

Zwebist provides professional web development, web design, mobile application development, e-commerce solutions, UI/UX design, digital marketing, SEO optimization, and related digital consulting services. The specific scope of work, deliverables, timelines, milestones, and pricing for each project will be documented in a separate Statement of Work (SOW), proposal, or service agreement that references and incorporates these Terms.

Eligibility and Account Registration

You must be at least 18 years old and legally capable of entering into binding contracts to use our services. By creating an account or engaging our services, you represent and warrant that all information you provide is accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Intellectual Property Rights

Client Ownership

Upon full payment of all fees, you will own all custom deliverables specifically created for your project, including custom code, designs, graphics, and content, unless otherwise specified in the project agreement. This ownership is subject to the licenses for third-party components and our pre-existing intellectual property.

Zwebist Intellectual Property

We retain all rights to:

• Our pre-existing tools, frameworks, libraries, templates, and methodologies
• Our website content, branding, logos, and trademarks
• General knowledge, techniques, and experience gained during projects
• The right to showcase completed work in our portfolio, case studies, and marketing materials (unless confidentiality is required)

Third-Party Components

Projects may incorporate third-party software, plugins, APIs, frameworks, or libraries subject to their respective licenses (e.g., MIT, GPL, Apache). You are responsible for complying with these licenses. We will notify you of significant third-party dependencies.

Payment Terms and Pricing

Project Fees

All fees, payment schedules, and accepted payment methods will be specified in your project agreement. Prices are quoted in USD unless otherwise stated and do not include applicable taxes, which are your responsibility.

Payment Schedule

Unless otherwise agreed:

• A deposit (typically 30-50% of total project cost) is required before work begins
• Milestone payments may be required as work progresses
• Final payment is due before final delivery and transfer of ownership
• Invoices are due within 30 days of issuance unless otherwise specified

Late Payments

Late payments may incur a fee of 1.5% per month (or the maximum allowed by law) on the outstanding balance. We reserve the right to suspend work, withhold deliverables, or terminate the project for non-payment. You remain responsible for all fees incurred, plus collection costs and legal fees if applicable.

Refund Policy

Deposits and payments for work already performed are generally non-refundable. Refund eligibility will be determined on a case-by-case basis and outlined in your project agreement.

Client Responsibilities and Obligations

To ensure successful project completion, you agree to:

• Provide timely feedback, approvals, and decisions within agreed-upon timeframes
• Supply all necessary content, materials, credentials, and access required for the project
• Ensure you have legal rights and licenses to all materials you provide
• Designate a primary point of contact for project communications
• Maintain regular backups of your data and website
• Review and test deliverables promptly
• Comply with all applicable laws and regulations

Delays caused by failure to meet these responsibilities may result in project timeline extensions and potential additional fees.

Project Timeline and Delays

We will make reasonable efforts to meet agreed-upon deadlines. However, timelines are estimates and may be affected by factors including client feedback delays, scope changes, technical challenges, or force majeure events. We are not liable for delays caused by circumstances beyond our reasonable control.

Scope Changes and Additional Work

Changes to the project scope after work has commenced may require a formal change order, additional fees, and timeline adjustments. All scope changes must be agreed upon in writing by both parties before implementation.

Testing and Acceptance

We will conduct reasonable testing of deliverables before delivery. You will have a specified period (typically 7-14 days) to review and test deliverables. Issues must be reported in writing during this period. Acceptance is deemed to occur if no issues are reported within the review period or upon final payment, whichever comes first.

Warranties and Support

Warranty Period

We warrant that deliverables will substantially conform to the specifications outlined in your project agreement for a period of 30 days after delivery (unless otherwise specified). We will correct any material defects reported during this period at no additional charge.

Support and Maintenance

Post-project support and maintenance services are available under separate agreements. We are not responsible for issues arising from unauthorized modifications, third-party changes, hosting problems, or factors outside our control.

Disclaimers

Except as expressly stated in these Terms or a project agreement, our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee uninterrupted, error-free, or secure operation of deliverables.

Limitation of Liability

To the maximum extent permitted by law, Zwebist shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, revenue, or business opportunities, even if advised of the possibility of such damages. Our total aggregate liability arising out of or related to any project or these Terms shall not exceed the total amount paid by you for the specific service giving rise to the claim.

Indemnification

You agree to indemnify, defend, and hold harmless Zwebist and its officers, employees, and contractors from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from: (a) your use of our services; (b) materials you provide; (c) breach of these Terms; (d) violation of any laws or third-party rights; or (e) your website or application content.

Confidentiality

Both parties agree to maintain the confidentiality of proprietary and sensitive information disclosed during the project. This obligation survives project completion for a period of three (3) years unless otherwise specified. Confidential information does not include information that is publicly available, independently developed, or required to be disclosed by law.

Termination

Termination by Client

You may terminate a project with written notice. You will be responsible for payment of all work completed up to the termination date, plus any non-refundable expenses incurred.

Termination by Zwebist

We may terminate a project immediately for non-payment, breach of these Terms, or if continuing the project would violate laws or ethical standards. We may also terminate with 14 days' notice for convenience.

Effect of Termination

Upon termination, all outstanding invoices become immediately due. We will deliver work completed to date upon receipt of full payment. Provisions relating to intellectual property, confidentiality, limitation of liability, and dispute resolution survive termination.

Prohibited Uses

You agree not to use our services to:

• Violate any laws, regulations, or third-party rights
• Distribute malware, viruses, or harmful code
• Engage in fraudulent, deceptive, or unethical activities
• Infringe intellectual property rights
• Harass, threaten, or harm others
• Create content that is illegal, obscene, or offensive
• Attempt to gain unauthorized access to systems

Third-Party Services and Links

Our services may integrate with or link to third-party platforms, APIs, or services. We are not responsible for the availability, content, or practices of third parties. Your use of third-party services is governed by their respective terms and policies.

Force Majeure

Neither party shall be liable for failure to perform obligations due to causes beyond their reasonable control, including but not limited to natural disasters, pandemics, war, terrorism, labor disputes, government actions, or internet/utility failures.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Zwebist operates, without regard to conflict of law principles. Any disputes arising from these Terms or our services shall first be attempted to be resolved through good faith negotiation. If negotiation fails, disputes may be resolved through binding arbitration or appropriate legal proceedings in the courts of our jurisdiction.

Entire Agreement and Severability

These Terms, together with any project agreements and our Privacy Policy, constitute the entire agreement between you and Zwebist. If any provision is found to be unenforceable, the remaining provisions shall remain in full effect.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to any successor or affiliate.

Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or our right to enforce it in the future.

Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website, and the "Last updated" date will be revised. Material changes may be communicated via email. Your continued use of our services after changes constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically.

Contact Information

For questions, concerns, or notices regarding these Terms and Conditions, please contact us at:

Zwebist
Email: legal@zwebist.com
Website: https://zwebist.com

We will respond to all inquiries within 5 business days.