Legal
Terms & Conditions
Please read these terms carefully. They govern your use of our website and services.
Last updated: March 17, 2026
1. Acceptance of Terms
By accessing or using the ZAF Technology website (https://zaf-tech.io) or engaging our services, you agree to be bound by these Terms and Conditions. If you do not agree, please do not use our website or services.
These terms apply to all visitors, clients, and any person or entity engaging with ZAF Technology ("we," "us," "our") in any capacity.
2. Services
ZAF Technology provides custom software development, API integration, cloud infrastructure, data security, business process automation, and UI/UX design services.
The specific scope, deliverables, timeline, and fees for any engagement will be defined in a separate Statement of Work (SOW) or service agreement signed by both parties. These Terms and Conditions apply in addition to any SOW or service agreement. In the event of a conflict, the SOW or service agreement will take precedence.
3. Client Confidentiality & Non-Disclosure
We treat all client information as confidential by default. This includes but is not limited to:
• Business names, identities, and logos
• Project details, requirements, and specifications
• Proprietary data, workflows, and business logic
• Source code, databases, and system architecture
• Financial information and internal communications
Confidentiality Commitments:
• We will NOT publicly disclose your identity or any details of our engagement without your explicit, written consent.
• All team members working on your project are bound by confidentiality agreements.
• Client data is never used for marketing, case studies, training, or any purpose beyond delivering the contracted services — unless you provide written authorization.
• Confidentiality obligations survive the termination of any engagement and remain in effect indefinitely for trade secrets and for a period of five (5) years for all other confidential information.
You may request a formal Non-Disclosure Agreement (NDA) at any time before or during an engagement, and we will execute one promptly.
4. Payments & Billing
Fees & Pricing:
• Service fees are outlined in the applicable SOW or service agreement.
• Monthly subscription fees are billed in advance at the start of each billing cycle.
• One-time project fees may be billed as milestones, 50/50 splits, or as otherwise agreed.
• All fees are in US Dollars (USD) unless otherwise specified.
Payment Methods:
• We accept payment via credit card, debit card, ACH bank transfer, and wire transfer through our secure, PCI DSS-compliant payment processors.
• You authorize us to charge your selected payment method for all agreed-upon fees.
Late Payments:
• Invoices are due within 15 days of issuance unless otherwise agreed.
• Late payments may incur a fee of 1.5% per month (or the maximum permitted by law, whichever is lower) on the outstanding balance.
• We reserve the right to pause or suspend services if payment is overdue by more than 30 days.
Refunds:
• Monthly subscriptions: You may cancel at any time. No refunds are issued for partial months. Services continue until the end of the current billing period.
• Project-based work: Refund eligibility depends on the stage of completion and will be handled per the terms of the SOW. Work already completed and delivered is non-refundable.
• Disputed charges must be raised within 30 days of the charge date.
Taxes:
• Fees do not include applicable taxes (sales tax, VAT, GST, etc.). You are responsible for any taxes applicable in your jurisdiction.
5. Intellectual Property
Work Product:
• Upon full payment, you own all custom code, designs, and deliverables created specifically for your project ("Work Product"), unless otherwise stated in the SOW.
• We retain the right to use general knowledge, skills, techniques, and non-proprietary tools or frameworks developed during the engagement for other clients.
Pre-Existing IP:
• Any pre-existing intellectual property, tools, libraries, or frameworks that we bring to the project remain our property. Where such components are incorporated into your deliverables, we grant you a perpetual, non-exclusive, royalty-free license to use them within the context of your project.
Third-Party Components:
• Your project may include open-source or third-party components. These are subject to their respective licenses. We will disclose any such components and their license terms.
ZAF Technology Brand:
• You may not use our name, logo, or trademarks without our written consent. Similarly, we will not use yours without your written consent.
6. Data Protection & Security
We implement commercially reasonable security measures to protect your data, including:
• TLS/SSL encryption for all data in transit
• Encryption at rest for stored data
• Role-based access controls
• Regular security audits
• Secure development practices aligned with OWASP guidelines
• Incident response procedures
In the event of a data breach affecting your information, we will notify you within 72 hours of discovery and take immediate steps to contain and remediate the breach.
For projects involving regulated data (healthcare, financial, etc.), we will execute a Data Processing Agreement (DPA) or Business Associate Agreement (BAA) as required.
7. Service Availability & Uptime
• We strive for 99.9% uptime for hosted applications but do not guarantee uninterrupted service.
• Scheduled maintenance will be communicated at least 48 hours in advance.
• We are not liable for downtime caused by third-party services, force majeure, or circumstances beyond our reasonable control.
• Specific SLA terms may be negotiated and included in your SOW or service agreement.
8. Client Responsibilities
To ensure successful project delivery, you agree to:
• Provide timely and accurate information, content, and feedback as needed.
• Designate a primary point of contact for communication and approvals.
• Review deliverables and provide feedback within the agreed-upon timeframes.
• Ensure you have the legal right to provide any content, data, or materials to us.
• Maintain the confidentiality of any credentials, access tokens, or accounts we create for you.
Delays caused by late client feedback, approvals, or content may affect project timelines and will not be considered a breach on our part.
9. Limitation of Liability
To the maximum extent permitted by law:
• ZAF Technology's total liability for any claim arising from or related to our services shall not exceed the total fees paid by you in the twelve (12) months preceding the claim.
• We are not liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of revenue, data, business opportunities, or profits.
• We are not liable for damages arising from your misuse of deliverables, unauthorized modifications to delivered code, or failure to implement our recommendations (e.g., security patches, backups).
This limitation applies regardless of the legal theory (contract, tort, negligence, or otherwise).
10. Indemnification
You agree to indemnify and hold harmless ZAF Technology, its officers, employees, and contractors from any claims, damages, losses, or expenses (including legal fees) arising from:
• Your breach of these Terms
• Your use or misuse of our deliverables
• Any claim that content or materials you provided to us infringe third-party rights
• Your violation of any applicable law or regulation
11. Termination
Either party may terminate an engagement:
• Monthly Subscriptions: With 30 days' written notice. Services continue until the end of the current billing period.
• Project-Based Work: Per the terms of the SOW. Early termination by the client requires payment for all work completed to date.
• For Cause: Either party may terminate immediately if the other party materially breaches these Terms or the SOW and fails to cure within 15 days of written notice.
Upon termination:
• We will deliver all completed Work Product for which payment has been received.
• We will securely delete or return your data within 30 days, unless retention is required by law.
• Sections on Confidentiality, IP, Limitation of Liability, and Indemnification survive termination.
12. Dispute Resolution
• Good Faith: Both parties agree to attempt to resolve disputes through good-faith negotiation before pursuing formal proceedings.
• Mediation: If negotiation fails, disputes will be submitted to mediation before a mutually agreed-upon mediator.
• Governing Law: These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles.
• Jurisdiction: Any legal proceedings shall be brought exclusively in the state or federal courts located in Delaware.
13. Modifications to Terms
We reserve the right to update these Terms and Conditions at any time. Material changes will be communicated via email to active clients and posted on our website. Continued use of our services after changes are posted constitutes acceptance.
For active engagements governed by a SOW, changes to these Terms will not override the SOW without mutual written agreement.
14. Miscellaneous
• Entire Agreement: These Terms, together with any applicable SOW, Privacy Policy, and service agreements, constitute the entire agreement between the parties.
• Severability: If any provision is found unenforceable, the remaining provisions remain in full effect.
• Waiver: Failure to enforce any provision does not constitute a waiver of future enforcement.
• Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights in connection with a merger, acquisition, or sale of assets.
• Force Majeure: Neither party is liable for delays or failures caused by events beyond reasonable control (natural disasters, war, pandemic, government action, internet outages, etc.).
15. Contact Us
For questions about these Terms and Conditions, contact us at:
ZAF Technology
Email: [email protected]
Website: https://zaf-tech.io/contact