Terms and Conditions
Welcome to Zaapr
These Terms and Conditions (“Terms” or “T&C”) govern your access to and use of the www.zaapr.com (“Website” or “Site”) and all services provided by Zaapr Digital Solutions Pvt. Ltd. (“Zaapr”, “We”, “Our”, “Us”), including design, development, digital marketing and support & retainers.
By accessing our Website, engaging our services, or entering into a commercial arrangement with Zaapr, you confirm that you have read, understood, and agree to be bound by these Terms in full. If you do not agree, you must discontinue use of the Website and our services.
Zaapr reserves the right to update or modify the nature of its relationship with users and these Terms at any time. Changes will be effective immediately upon publication on this page. Changes will be effective immediately upon publication on this page. Continued use of the Website or services after updates constitutes acceptance of the revised Terms.
VERSION:
Version 1.2
DATE:
About Zaapr
The website and its domain www.zaapr.com is owned and operated by Zaapr Digital Solutions Pvt. Ltd., a company incorporated under the laws of India. Zaapr is an integrated design, development and digital marketing company, registered and operating from Bangalore, Karnataka, India.
Zaapr provides services to clients in India and internationally.
Definitions and Interpretation
- “Client”, “Customer” or “You”: Refers to any individual, company, or legal entity engaging Zaapr’s services.
- “Contract”: A legally binding agreement formed when a Client accepts a Zaapr quotation, proposal, or scope of work under these Terms.
- “Services”: Refers to the services provided by Zaapr including design, development and digital marketing.
- “Deliverables”: All work products created by Zaapr under the Contract.
- “Client Materials”: Content, data, assets, or information supplied by the Client.
- “Pre-Existing Materials”: Zaapr-owned tools, templates, systems, frameworks, code, or intellectual property created prior to the Contract.
- “Intellectual Property Rights”: All copyrights, trademarks, patents, design rights, trade secrets, and related rights worldwide.
These Terms supersede any Client-provided terms unless expressly agreed in writing by Zaapr.
Cookies and Website Usage
Zaapr uses cookies and similar technologies to enhance Website functionality and performance. Cookies are small encrypted files stored on your device.
By using the Website, you consent to our use of cookies in accordance with our Privacy Policy. You agree not to misuse the Website, attempt unauthorized access, or engage in activities that disrupt or damage our systems.
Services and Scope of Work
Zaapr provides services across the following areas:
- Design (Branding, Packaging, Visual Identity, UI/UX, Creatives)
- Development (Websites, Applications, Platforms, Integrations)
- Digital Marketing (“Marketing”) (SEO, Paid Media, Social Media, Content Writing, Performance Marketing)
- Support & Retainers (Ongoing technical support, Updates, Monitoring)
Scope Definition
- The exact scope, Deliverables, timelines, milestones, and pricing is governed by an approved Quotation, Proposal, or Statement of Work (“SOW”).
- Only services explicitly mentioned in the approved scope are included.
- Any work outside scope requires written approval and will be billed separately.
Verbal discussions or assumptions are not binding unless documented.
Acceptable Use Policy
Clients shall not use Zaapr’s Website or Services to create, distribute, or promote content that is:
- Unlawful or misleading
- Infringing on intellectual property rights
- Defamatory, abusive, obscene, or discriminatory
- Promotes hate, violence, or harassment
Zaapr reserves the right to refuse or discontinue services that violate this policy.
Formation of Contract
A Contract is formed when the Client accepts a Zaapr quotation, which constitutes an offer by the Client to purchase the specified Services under these Terms.
Acceptance may occur by:
- Signing the quotation; or
- Confirming acceptance through written or digital communication, including email or an approved digital platform.
The Contract shall be deemed to commence on the earlier of:
- Zaapr issuing written acknowledgement of the accepted quotation; or
- Zaapr commencing the provision of the Services.
All quotations are valid for twenty (20) days from the date of issue unless withdrawn earlier by Zaapr in writing.
The Client confirms that they are entering into the Contract in the course of business and not as a consumer under applicable laws. Services shall commence on the date agreed between the parties, or if earlier, the date on which Zaapr begins providing the Services.
Zaapr’s Responsibilities
Zaapr will:
- Deliver Services using reasonable skill, care and professional judgment.
- Timelines provided are estimates unless expressly stated as fixed.
Zaapr is not responsible for delays caused by Client dependencies, third-party platforms/tools, or force majeure events.
Client Responsibilities
The Client agrees to:
- Corporate with Zaapr: Provide timely feedback, approvals, and communication necessary for project progression.
- Accurate Materials: Ensure all Client Materials are accurate, complete, legally usable and provided in a timely manner.
- Legal Compliance: Confirm ownership or licensing rights for all Client Materials provided and indemnify Zaapr against third party claims (copyright, trademark, or other intellectual property rights).
Non-Solicitation
If breached, the Client agrees to compensate Zaapr with 20% of the individual’s annual remuneration.
Payments and Commercial Terms
Payment Structure
If breached, the Client agrees to compensate Zaapr with 20% of the individual’s annual remuneration.
Additional Work
Out-of-scope work will be billed separately at prevailing or agreed hourly rates after written approval from the Client.
Late Payments
If payment is not received when due, Zaapr may, without prejudice to any other rights:
- Charge interest on overdue payments
- Suspend services until outstanding dues are cleared
Time for payment is of the essence.
Refunds
Refunds apply only if Zaapr materially fails to deliver agreed Services and resolution attempts have failed.
Payment Security
Zaapr is not liable for failed transactions, bank charges, declined payments, currency conversion fees, fraudulent transactions, withholding taxes, or similar charges imposed by financial institutions or jurisdictions outside Zaapr’s control.
Intellectual Property Rights
Client Ownership
Clients retain ownership of all Client Materials. Upon full payment, ownership of the final deliverables will be transferred to the Client.
Deliverables
Ownership of final Deliverables transfers to the Client only upon full payment, unless otherwise stated or agreed.
Zaapr IP
Zaapr retains ownership of:
- Pre-Existing Materials
- Internal tools, templates, systems, methods, processes, and frameworks
The Client receives a non-exclusive, worldwide, non-transferable license to use Deliverables for intended business purposes. This license terminates if payments are overdue.
Third-party Licensed Content
Deliverables may include licensed third-party assets (fonts, stock images, plugins). Use of such assets is subject to the original license Terms. Additional usage may require separate licensing.
Zaapr Website Content and Brand Assets
All content on Zaapr’s website, including text, images, videos, graphics, and brand assets, is protected by intellectual property laws and owned by or licensed to Zaapr.
Any unauthorized use, copying, modification, or distribution of this content without Zaapr’s prior written permission is prohibited and may constitute infringement.
Portfolio and Promotional Rights
Zaapr may showcase completed work, including Client name and logo, for portfolio, marketing, and case study purposes unless restricted in writing.
Feedback License
The Client grants Zaapr a perpetual, royalty-free, worldwide license to use any feedback or suggestions for improving services, tools, or processes.
Confidentiality
Each party agrees to keep information, materials, and strategies shared during the engagement confidential. Zaapr complies with:
- Indian IT Act and data protection laws
- Contractual confidentiality obligations
- Reasonable international data protection standards for global Clients
NDAs can be executed upon request.
Data Protection and Privacy
Zaapr processes personal data in accordance with applicable laws, including Indian IT laws and GDPR where relevant.
- The Client acts as data controller
- Zaapr acts as data processor
- Zaapr implements reasonable technical and organisational safeguards
- Personal data will be deleted or returned upon request at contract termination
Use of the Website is also governed by Zaapr’s Privacy Policy, incorporated by reference.
Limitation of Liability
Liability Cap
Except where liability cannot be excluded by law, Zaapr’s total liability to the Client, whether arising in contract, tort (including negligence), misrepresentation, or otherwise, shall be limited to the fees paid by the Client in the 12 months preceding the event giving rise to the claim.
Excluded Losses
Zaapr shall not be liable for any indirect, incidental, special, consequential or economic losses, including but not limited to:
- Loss of revenue, profits, business, or anticipated savings
- Loss or corruption of data or information
- Loss of reputation, goodwill, or loss of use of the Services or Deliverables
Exceptions
Nothing in these Terms excludes or limits Zaapr’s liability for:
- Death or personal injury caused by negligence
- Fraud or fraudulent misrepresentation
- Any liability that cannot be excluded under applicable law
Indemnification
The Client agrees to indemnify and hold harmless Zaapr, its employees, and partners from claim, losses, damages, costs, and legal fees arising from:
- Client Materials
- Breach of these Terms
- Misuse of Deliverables
Force Majeure
Zaapr is not liable for failure or delay caused by events beyond reasonable control, including but not limited to natural disasters, government actions, internet outages, pandemics, labor disputes, or third-party service failures.
Termination
Standard Termination
Either party may terminate with 4 weeks’ written notice. (Hosting contracts require 13 weeks’ notice).
Immediate Termination
Zaapr may terminate in cases of:
- Material breach
- Non-payment
- Insolvency or legal action related to debt
Post-Termination
Upon termination:
- All outstanding payments become immediately due
- Access to services and licenses may cease
- IP, confidentiality, liability, and governing law clauses survive termination
Remote Delivery of Services
Zaapr operates on a remote-first model. Unless expressly agreed otherwise in writing, all Services are delivered remotely using digital communication (Whatsapp message, Email, GoogleMeet, Calling or any other online communication) and collaboration tools.
The Client acknowledges that physical meetings, on-site presence, or in-presence delivery are not included unless specifically agreed as part of the scope. Remote delivery does not affect the quality, timelines, or obligations of the Services.
Governing Law and Jurisdiction
These Terms are governed by the laws of India.
Miscellaneous
- Severability: Invalid provisions do not affect the rest
- Assignment: Client may not assign without Zaapr’s consent
- Entire Agreement: These Terms and the accepted scope or quotation, form the entire agreement
- Waiver: Failure to enforce any provision does not constitute a waiver
Acceptance
By using Zaapr’s Website or engaging our Services, you confirm your acceptance of these T&Cs.
If you have questions, please contact us before proceeding.
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