Terms & Conditions

These terms and conditions (“T&C”) govern your use of our website and services provided by us, including design, development and digital marketing. By engaging with Zaapr or accessing our website, you agree to these T&C in full.

 

www.zaapr.com (“Site”) is owned by Zaapr Digital Solution Pvt. Ltd. Zaapr reserves the right to modify the nature of its relationship with users and to update these T&C at any time without prior notice. It is the user’s responsibility to review these T&C from time to time. By continuing to use the website or engage with Zaapr after updates are posted, you agree to accept the revised T&C, regardless of whether you have reviewed them. The terms “Customers”, “Client” or “you” refer to the individual or entity engaging services via Zaapr’s site. “Products” or “services” refer to the solutions or services provided by Zaapr through this site.

 

Cookies

Cookies are small encrypted files stored on your device to enhance your experience on our website. Zaapr uses cookies to improve functionality and user interaction. For more details, please refer to our Privacy Policy.

 

Services Offered

Zaapr provides the following services:

• Design
• Development
• Digital Marketing (“Marketing”)
• Maintenance and Support Services (“Sustenance”)

Specific service details will be outlined in individual project agreements.

 

Version 1.1.1 | 1st January 2025

1. Interpretation

1.1 The definitions and interpretation outlined in this section apply to the Contract and form the basis of the agreement between Zaapr Digital Solutions Pvt. Ltd. (“Zaapr”) and the Client:

 

1.1.1 Contract

The legally binding agreement entered into by Zaapr and the Client as outlined in these T&C. The Contract governs all services provided by Zaapr and ensures mutual understanding and compliance with the agreed terms.

 

1.1.2 Client

Refers to the individual, company or legal entity specified in the Quotation who engages Zaapr to provide the services. The Client is responsible for fulfilling their obligations as outlined in these Terms, including providing necessary information, timely feedback, and making agreed payments.

 

1.1.3 Client Material

Includes all documents, data and resources supplied by the Client to Zaapr for the successful delivery of services. This may encompass, but is not limited to, branding materials, computer programs, textual content, images, reports, specifications, and any proprietary or third-party materials resources required to complete the project.

 

1.1.4 Zaapr

Refers to Zaapr Digital Solutions Pvt. Ltd., a company specializing in design, development, and marketing solutions. Zaapr is responsible for delivering services as outlined in the Quotation or Proposal and agreed upon in the Contract.

 

1.1.5 Deliverables

Any work product or output created and provided by Zaapr as part of the agreed services. This includes, but is not limited to, documents, digital content, designs, computer programs, reports, and other materials developed by Zaapr or its agents or subcontractors during the course of the project.

 

1.1.6  Digital Marketing Services

Encompasses the digital marketing solutions provided by Zaapr, including search engine optimization (SEO), social media marketing, pay-per-click advertising (PPC), content creation, and other related services as specified in the project scope or Quotation.

 

1.1.7 Document

Refers to any written or digital file, design, diagram, plan, image or proof that is used, created, or exchanged as part of the services. This definition includes materials in both physical and digital formats.

 

1.1.8 Intellectual Property Rights

All legal rights associated with intellectual property, including patents, trademarks, copyrights, design rights, trade secrets, moral rights, database rights, and other proprietary rights. These rights apply whether they are registered or unregistered and include applications, renewals, and extensions worldwide.

 

1.1.9 Pre-Exisiting Materials

Any materials, documents, or intellectual property owned or developed by Zaapr prior to the start of the Contract. This includes, but not limited to, templated, proprietary software, data, and reports that Zaapr uses in the provision of services. Ownership of Pre-Existing Materials remains with Zaapr unless explicitly transferred in writing.

 

1.1.10 Quotation and Proposal

A formal document provided by Zaapr to the Client outlining the scope, cost, and timelines for the services to be delivered. The Quotation forms part of the Contract once accepted by the Client.

1.1.11 Services

The professional services offered by Zaapr to the Client as detailed in the Quotation and Contract. These services include design, development, marketing, and any additional offerings agreed upon by both parties.

 

1.2 These T&C supersede any conflicting T&C provided by the Client, whether implied by law, trade custom, or practice. The Client’s standard terms and conditions (if any) are expressly rejected by Zaapr.

 

This section ensures a clear understanding of the terminology used in the agreement and establishes the scope and nature of the relationship between Zaapr and the Client.

 

2. Formation of Contract

2.1 The acceptance of a Quotation for Services provided by Zaapr constitutes an offer by the Client to purchase the specified Services under these T&C. The Client is deemed to have accepted the Quotation when they either sign it in writing or officially communicate their acceptance to Zaapr through a written or digital document (such as email or an approved digital platform). The Contract is deemed to commence upon the earlier of:

 

2.1.1 Zaapr is issuing and executing an acknowledgement of the accepted Quotation; or

 

2.1.2 Zaapr commencing the provision of the Services outlined in the Quotation

 

2.2 Any Quotation issued by Zaapr is valid for twenty (20) days from the date of issuance, unless explicitly withdrawn in writing or via an official document by Zaapr prior to acceptance.

 

2.3 The Client acknowledges that by entering into the Contract, they are acting in the course of their business and not as a consumer under applicable laws.

 

The Services shall be provided by Zaapr to the Client from the date agreed by the parties or if earlier the date referred to at the condition 1.1.2.

 

3. Zaapr’s Obligations

3.1 Zaapr will make reasonable efforts to provide the Services and deliver the Deliverables to the Client as outlined in the Quotation.

 

3.2 Zaapr will strive to meet the performance dates specified in the Quotation; however, these dates are estimated only, and time shall not be considered essential for the completion of the Services.

 

4. Client’s Obligations

4.1 The Client agrees to:

 

4.1.1 Coorperate with Zaapr

Collaborate in all matters related to the Services and ensure timely communication to facilitate project progress.

 

4.1.2 Provide Timely and Accurate Materials

Supply all required content, branding assets, and information necessary for the Services in a timely manner. The Client must ensure the accuracy and completeness of the materials provided.

 

4.1.3 Ensure Legal Compliance

Confirm ownership or obtain necessary permissions for all materials provided by Zaapr, ensuring they do not infringe on copyright, trademark, or other intellectual property rights.

 

4.2 The Client acknowledges that delays in providing required materials or approvals may impact Zaapr’s ability to deliver the Services on time. Zaapr shall not be held liable for any costs, losses, or delays resulting from the Client’s failure to meet these obligations.

 

4.3 The Client agrees to indemnify Zaapr against any costs, losses or claims arising from:

• Delays, errors or omissions in fulfilling their obligations under the Contract.
• Any third-party claims of intellectual property infringement related to the materials provided by the Client.

 

4.4 The Client shall not, without Zaapr’s prior written consent, solicit or hire any Zaaor employee, consultant or subcontractor involved in the Services during the project or within six (6) months after the final delivery of the Services. If consent is granted, the Client agrees to compensate Zaapr with 20% of the annual remuneration of the individual being hired.

 

5. Payment Terms

5.1 Invoicing and Payment Schedule

Fees for services will be outlined in the agreement. Unless otherwise, fifty percent (50%) of the total price must be paid before services begin, with the remaining fifty percent (50%) due upon delivery following the completion of the services. Payments must be made according to the agreed schedule, and any delays may result in interest charges and suspension of services until payment is received. Invoices are due on receipt, and payment progression is linked to specific milestones of the project.

 

5.2 Additional Costs

The costs of any additional services not specified in the Quotation will be invoiced separately at cost. Any extra work requested by the Client that falls outside the scope of the Quotation will be invoiced separately, based on current hourly rates.

 

5.3 Late Payments

If payment is not made on time, interest may be charged. Zaapr reserves the right to suspend services until full payment is made.

 

5.4 Refund Policy

Refunds will be provided only if Zaapr fails to deliver the agreed-upon services, and after mutual discussions to resolve the issue have not been successful.

 

5.5 Card Usage and Fraudulent Transactions

By using zaapr.com, you agree to provide accurate and valid credit card details, which must be lawfully owned by you. Zaapr is not liable for credit card fraud, and any fraudulent use or declined transactions will result in legal proceedings. You may be held responsible for the recovery of goods, collection charges, and legal fees arising from such activities.

 

5.6 Liability for Transactions

Zaapr is not liable for any issues arising from declined transactions or payment authorization failures.

 

5.7 Termination and Due Payments

All outstanding payments become due immediately upon termination of the contract. Time for payment is of the essence, and failure to meet payment obligations may result in termination of services.

 

5. Intellectual Property Rights

5.1 Ownership of Client Material

Clients retain ownership of all proprietary content provided by Zaapr. Upon full payment, ownership of the final deliverables will be transferred to the Client.

 

5.2 Zaapr Rights

Zaapr retains the right to showcase completed projects in its portfolio, marketing materials, or case studies unless otherwise agreed in writing (official document or email) with the Client.

 

5.3 Zaapr’s Intellectual Property

Zaapr retains ownership of all intellectual property rights in the Deliverables, Pre-Existing Materials, and any other content created or provided, excluding Client-provided materials. The Client is granted a non-exclusive, worldwide license to use the Deliverables as necessary to benefit from the services. This license will terminate immediately if any invoice becomes overdue.

 

5.4 Third-Party Intellectual Property

The Client acknowledges that Zaapr may use third-party Pre-Existing Materials, and its use is conditional upon obtaining the necessary rights or licenses from the relevant licensors.

 

5.5 Trademark, Copyright and Restrictions

All materials on Zaapr’s site, including images, audios, video clips, and other content are protected by copyright, trademarks, and other intellectual property rights owned by or licensed to Zaapr. Unauthorized reproduction, distribution, modification, or use of these materials is prohibited without permission from Zaapr. Any unauthorized use constitutes infringement of intellectual property rights.

 

6. Limitation of Liability

6.1 Liability Scope

Zaapr’s total financial liability to the Client, including any actions or omissions by its employees, agents, consultants, or subcontractors, is limited to:

 

6.1.1 Any breach of the contract

 

6.1.2 Any use made by the Client of the services, deliverables or any part thereof; and

 

6.1.3 Any act, omission, or representation (including negligence) arising under or in connection with the contract.

 

6.2 Exceptions to Liability Limitations

Nothing in these terms excludes or limits Zaapr’s liability for:

 

6.2.1 Death or personal injury resulting from negligence; or

 

6.2.2 Fraud or fraudulent misrepresentation

 

6.3 Exclusion of Certain Losses

Zaapr shallot be liable for any of the following losses, whether direct or indirect:

 

6.3.1 Loss of business, goods, contracts, or use (e.g., the Client’s website being unavailable);

 

6.3.2 Loss or corruption of data or information;

 

6.3.3 Special, indirect, consequential, or economic loss, costs, damages, charges, or expenses.

 

6.4 No Liability for Damages

Zaapr is not liable for any direct, indirect, incidental or consequential damages, including loss of revenue, data, or reputation, arising from the use of its services.

 

Zaapr’s total liability, in any form (including contract, tort, negligence, or misrepresentation), arising from the performance or potential performance of the contract, is limited to an amount equal to the charges paid for services in the twelve months preceding the event that led to the claim.

 

7. Confidentiality

Zaapr ensures the confidentiality of all client data, materials, and business strategies shared during the project. Non-disclosure agreements (NDA) can be signed upon request.

 

8. Termination of Services

8.1 Termination by Either Party

Either party may terminate the contract with no liability by providing at least 4 weeks written notice to the other party (hosting contracts require a minimum of 13 weeks’ notice).

 

8.2 Immediate Termination

Zaapr may immediately terminate the contract with written notice if the other party commits a material breach and fails to remedy it within 14 days, repeatedly breaches the contract, suspends payments, admits insolvency, or faces legal action related to debt. Termination may also occur if the other party enters into debt rescheduling negotiations, faces a winding-up petition, has an administrator or receiver appointed, or experiences any event with similar effects to the above conditions.

 

8.3 Post-Termination Obligations

Upon termination:

 

8.3.1 The Client must immediately pay all outstanding invoices and any applicable interest;

 

8.3.2 The following terms will continue to apply after termination: ownership and intellectual property rights, limitation of liability, confidentiality, and any other conditions specifically stated to survive termination.

 

You Agree to:

These terms outline the responsibilities, rights, and obligations of both parties, and are designed to ensure a smooth, professional relationship. If you have any questions or concerns, please contact us for clarification. Zaapr reserves the right to amend these terms at any time, and updates will be posted on this page. Your continued use of our services after such amendments constitutes your acceptance of the revised terms.