Terms of Use
1. Introduction
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you, the Client (“Client” or “You”), and Project Zealous (“Project Zealous,” “we,” “us,” or “our”). These Terms govern your engagement with our services, including WordPress Design and Development, System Development, and Custom Plugins and API Integrations. By accepting a project proposal, Statement of Work (SOW), or making a payment for our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
2. Scope of Services
The specific services to be provided will be detailed in a separate project proposal or SOW. The services generally fall into the following categories:
- WordPress Design and Development: This includes the design of standard responsive websites, development of established WordPress themes, and configuration of plugins to achieve project goals.
- System Development: This involves the planning, design, and coding of custom web applications, software, or platforms tailored to your specific business logic and requirements.
- Custom Plugins and API Integrations: This includes the development of custom WordPress plugins for specific functionalities and the integration of third-party APIs (e.g., payment gateways, CRM systems, marketing tools) into your website or system.
Unless explicitly stated in the SOW, the Services do not include ongoing website maintenance, content creation, copywriting, domain name registration, hosting fees, or the purchase of third-party plugin licenses.
3. Client Responsibilities
For a successful project, the Client agrees to provide the following in a timely manner:
- Content and Assets: All necessary text, images, logos, and other digital assets required for the project.
- Access Credentials: Secure and appropriate login information for hosting accounts, CMS platforms (e.g., WordPress admin), and third-party services relevant to the project.
- Feedback and Approvals: Timely and constructive feedback during key project milestones and final sign-off before launch.
- Rights to Content: The Client warrants that they own or have obtained the necessary rights, licenses, and permissions for all content provided to Project Zealous.
Failure to provide these items in a timely manner may result in project delays, for which Project Zealous will not be held responsible.
4. Project Management and Communication
We will adhere to the project timeline outlined in the SOW. All communication regarding the project will be conducted through agreed-upon channels (email, Facebook Messenger, Viber, WhatsApp, or project management software). Any changes to the project scope must be submitted in writing and may incur additional fees and an updated SOW.
5. Payment & Pricing
- Project Fees: All project fees will be clearly detailed in the SOW. Pricing is based on the scope of work and may be a fixed price or an hourly rate.
- Payment Schedule: A typical project requires an upfront deposit (setup fee) to commence work, with milestone payments and a final payment upon completion.
- Late Payments: Invoices not paid within a specified period (e.g., 15 days) may be subject to a late fee. Project work may be paused or delayed until payment is received.
- Scope Creep: Any requests that fall outside the agreed-upon SOW will be considered a scope change and will require a new SOW and a separate fee
6. Intellectual Property (IP) and Ownership
- Client IP: The Client retains full ownership of all text, images, logos, and other content provided to Project Zealous for the project.
- Developed Work: Upon final and full payment of the project fees, the Client will receive an irrevocable, non-exclusive, worldwide license to use, reproduce, and publicly display the final developed product (e.g., the custom WordPress theme, plugin code). Project Zealous retains the right to use the developed code for its own purposes.
- Third-Party IP: The Client acknowledges that Project Zealous may use third-party code libraries, stock photography, or licensed software in the development process. The Client is responsible for complying with the licenses associated with these third-party products.
- Project Portfolio: Project Zealous reserves the right to display the completed work in our professional portfolio and for marketing purposes.
7. Confidentiality and Data Privacy
8. Limitation of Liability and Warranty
- Warranty: We provide a limited warranty for a period of 30 days following the project launch to address and fix any bugs or errors directly caused by our development work. This warranty does not cover issues arising from third-party plugins, software updates, changes made by the Client, or hosting environment problems.
- Limitation of Liability: Project Zealous will not be liable for any direct, indirect, special, or consequential damages (including loss of data, profits, or business interruption) that arise from the use or inability to use the developed product. Our total liability to the Client shall not exceed the total fees paid for the specific project in question.
9. Termination
Either party may terminate this agreement with written notice if the other party breaches a material term of these Terms. If the Client terminates the agreement without cause, all payments made to date are non-refundable, and ownership of any work completed remains with Project Zealous until full payment is received.
10. General Provisions
- Governing Law: This agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines.
- Entire Agreement: These Terms and the accompanying SOW constitute the entire agreement between the parties and supersede all prior understandings.
By proceeding with our services, you confirm that you have read and agreed to these Terms and Conditions.
