1. Agreement to Terms

By accessing or using the website and services provided by ZUBITECH ("Company", "we", "our", or "us"), you agree to be bound by these Terms and Conditions ("Terms"). If you disagree with any part of these Terms, you may not access our website or use our services.

These Terms constitute a legally binding agreement between you and ZUBITECH regarding your use of our website and services. Please read them carefully.

2. Services Description

ZUBITECH provides digital agency services including but not limited to:

• Web Development: Custom website design and development, including WordPress sites, e-commerce platforms, and web applications
• Software Development: Custom software solutions, portals, management systems, and mobile applications
• Digital Marketing: SEO services, content marketing, social media management, and online advertising
• Consulting: Technology consulting, digital strategy, and IT advisory services

We reserve the right to modify, suspend, or discontinue any part of our services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of our services.

3. Intellectual Property Rights

3.1 Our Intellectual Property

The Service and its original content, features, and functionality are owned by ZUBITECH and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. This includes but is not limited to:

• Website design, layout, and code
• Graphics, logos, and branding materials
• Software, algorithms, and proprietary technology
• Documentation, tutorials, and educational content

3.2 Client Intellectual Property

You retain all rights to any content, data, or materials you provide to us ("Client Materials"). By submitting Client Materials, you grant us a non-exclusive, royalty-free license to use, reproduce, and modify such materials solely for the purpose of providing our services to you.

3.3 Work Product

Upon full payment for services, you will own the final deliverables created specifically for you under a project ("Work Product"). However, we retain the right to:

• Display the Work Product in our portfolio
• Use non-confidential aspects of the Work Product for marketing purposes
• Retain copies for archival and legal purposes

4. User Responsibilities

As a user of our services, you agree to:

4.1 Accurate Information

Provide accurate, current, and complete information when creating an account, making inquiries, or using our services. You agree to update your information promptly if it changes.

4.2 Compliance with Laws

Comply with all applicable laws, regulations, and third-party rights when using our services. You may not use our services for any unlawful or prohibited purpose.

4.3 Prohibited Activities

You agree not to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Upload or transmit viruses, malware, or harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt our services
• Use our services to send spam or unsolicited messages
• Scrape, copy, or reproduce our content without permission

4.4 Cooperation

Cooperate with us in the performance of services, including providing timely feedback, access to necessary information, and approvals required to complete projects.

5. User Accounts

5.1 Account Creation

Some features of our services may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

5.2 Account Security

You agree to:

• Notify us immediately of any unauthorized use of your account
• Use strong passwords and keep them secure
• Not share your account credentials with others
• Log out of your account after each session

We are not liable for any loss or damage arising from your failure to protect your account security.

5.3 Account Termination

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our discretion. You may request account deletion by contacting us.

6. Payment Terms

6.1 Fees and Pricing

All fees for services are as quoted to you in writing (via proposal, contract, or email). Unless otherwise agreed, fees are in US dollars and do not include applicable taxes.

6.2 Payment Schedule

Standard payment terms are as follows:

• Projects under $5,000: 50% upfront, 50% upon completion
• Projects over $5,000: 30% upfront, 40% at milestone, 30% upon completion
• Ongoing services: Monthly or quarterly billing as agreed

Alternative payment schedules may be arranged and documented in your project agreement.

6.3 Invoices and Payment Methods

Invoices are typically sent via email. We accept payments by:

• Bank transfer (ACH/wire)
• Credit/debit cards (Visa, Mastercard, American Express)
• PayPal
• Stripe

6.4 Late Payments

Payments are due within 15 days of invoice date. Late payments may incur a finance charge of 1.5% per month (18% APR) on the outstanding balance. We may suspend work on projects with overdue payments.

6.5 Refunds

All payments are non-refundable after work has commenced. If you cancel a project before work begins, we may issue a partial refund at our discretion, minus any administrative fees.

6.6 Taxes

You are responsible for any taxes, duties, or fees applicable to your purchase. If we are required to collect taxes, they will be added to your invoice.

7. Project Timeline

7.1 Estimated Timelines

Project timelines provided in proposals are estimates based on the information available at the time. Actual timelines may vary based on:

• Complexity of requirements
• Client response and feedback times
• Scope changes during development
• Technical challenges or unforeseen issues
• Availability of third-party resources

7.2 Client Responsibilities for Timely Delivery

To ensure timely project delivery, you agree to:

• Provide requested information and materials promptly
• Review deliverables and provide feedback within agreed timeframes
• Make decisions and provide approvals in a timely manner
• Respond to communications within 48 hours

7.3 Delays

We will notify you of any anticipated delays as soon as possible. Delays caused by client inaction may result in adjusted timelines and additional costs.

8. Revisions and Changes

8.1 Revision Policy

Our standard project packages include:

• Design Phase: Up to 3 rounds of revisions
• Development Phase: Up to 3 rounds of revisions
• Content Phase: Up to 2 rounds of revisions

Additional revisions may be billed at our standard hourly rate.

8.2 Scope Changes

If you request changes that significantly expand the project scope (new features, additional pages, complex functionality), we will provide a change order with adjusted pricing and timeline. Work on new scope will not begin until the change order is approved.

8.3 Minor vs. Major Changes

Minor changes (e.g., text edits, color adjustments, layout tweaks) are typically included in revision rounds. Major changes (e.g., new features, additional pages, functionality changes) require a change order.

9. Confidentiality

9.1 Definition

"Confidential Information" means any non-public information disclosed by either party to the other, whether orally or in writing, that is designated as confidential or reasonably should be understood to be confidential given the nature of the information.

9.2 Obligations

Each party agrees to:

• Use Confidential Information only for purposes of performing under these Terms
• Protect Confidential Information using reasonable care
• Not disclose Confidential Information to third parties without consent
• Return or destroy Confidential Information upon request

9.3 Exclusions

Confidential Information does not include information that:

• Is or becomes publicly available through no fault of the receiving party
• Was rightfully in the receiving party's possession prior to disclosure
• Is independently developed by the receiving party
• Is required to be disclosed by law

10. Warranties and Disclaimers

10.1 Our Warranties

We warrant that our services will be performed in a professional manner consistent with industry standards. We will use reasonable efforts to ensure that deliverables are free from material defects for 90 days after delivery.

10.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, OUR SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR COMPLETENESS

10.3 No Guarantee of Results

We do not guarantee specific results from our services (e.g., search engine rankings, traffic increases, sales conversions). Results depend on many factors beyond our control.

11. Limitation of Liability

11.1 No Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ZUBITECH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OUR SERVICES.

11.2 Cap on Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

11.3 Exceptions

Nothing in these Terms limits or excludes liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Gross negligence or willful misconduct
• Any liability that cannot be limited by applicable law

12. Indemnification

You agree to indemnify, defend, and hold harmless ZUBITECH, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your access to or use of our services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content or materials you provide
• Your violation of applicable laws

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

13. Termination

13.1 Termination by You

You may terminate these Terms by discontinuing use of our services and closing your account. For project-based services, termination must be in writing.

13.2 Termination by Us

We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Grounds for termination include:

• Violation of these Terms
• Non-payment of fees
• Fraudulent or illegal activity
• Request by law enforcement
• Extended periods of inactivity

13.3 Effect of Termination

Upon termination:

• Your right to access services ceases immediately
• We may delete your data (subject to our data retention policies)
• Any outstanding payments become immediately due
• Sections that should survive termination will survive (e.g., intellectual property, liability limits, indemnification)

14. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect.

15. Dispute Resolution

15.1 Informal Resolution

Before filing any claim, you agree to attempt to resolve any dispute informally by contacting us at disputes@zubitech.com. We will attempt to resolve the dispute within 30 days.

15.2 Arbitration

If we cannot resolve the dispute informally, you agree that any dispute arising from these Terms or our services shall be resolved through binding arbitration in accordance with the American Arbitration Association rules. The arbitration shall be conducted in Delaware, unless otherwise agreed.

15.3 Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive any right to participate in a class action, class arbitration, or representative proceeding.

15.4 Injunctive Relief

Nothing in this section prevents either party from seeking injunctive or other equitable relief from a court to protect intellectual property rights or prevent irreparable harm.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining Terms shall otherwise remain in full force and effect and enforceable.

17. Entire Agreement

These Terms, together with any agreements, proposals, or statements of work we enter into regarding specific projects, constitute the entire agreement between you and ZUBITECH regarding your use of our services and supersede all prior agreements and understandings.

We may update these Terms from time to time. When we do, we will post the updated version on this page and update the "Last Updated" date. Your continued use of our services after any changes indicates your acceptance of the updated Terms.

18. Contact Information

If you have any questions about these Terms, please contact us at:

For all legal notices, please use the email address above. We will respond to your inquiry as soon as possible, typically within 15 business days.