Welcome to Zekitales. These Terms of Service ("Terms") govern your use of our website and services. By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.
1. Definitions
For the purposes of these Terms:
- "Company", "we", "us", "our" refers to Zekitales, a digital agency providing web development, software development, and digital solution services.
- "Client", "you", "your" refers to any individual or entity that accesses our website or engages our services.
- "Services" refers to all web development, software development, UI/UX design, WordPress development, PHP & SQL development, AI & automation solutions, and any other digital services provided by Zekitales.
- "Website" refers to the Zekitales website and all related subdomains.
- "Project" refers to any specific work, deliverable, or engagement undertaken by Zekitales on behalf of a Client.
- "Content" refers to all text, images, code, designs, graphics, videos, and other materials on our website or produced as part of our services.
2. Acceptance of Terms
By accessing or using our website and services, you confirm that:
- You are at least 18 years of age or have legal capacity to enter into binding agreements.
- You have read, understood, and agree to be bound by these Terms and our Privacy Policy.
- You have the authority to act on behalf of any entity you represent when engaging our services.
- All information you provide to us is accurate, current, and complete.
3. Services
3.1 Scope of Services
Zekitales provides the following digital services:
- Website Design & Development (custom websites, landing pages, web applications)
- Frontend Development (HTML, CSS, JavaScript, React, Next.js)
- Backend Development (Node.js, Python, PHP, SQL, MongoDB)
- WordPress Development (custom themes, plugins, optimizations)
- UI/UX Design (wireframing, prototyping, user experience design)
- PHP & SQL Development (dynamic web applications, database management)
- AI & Automation Solutions (chatbots, AI agents, machine learning integrations)
- Ongoing maintenance, support, and consulting services
3.2 Project Engagement
Each project engagement begins with a discovery and planning phase. The specific scope, deliverables, timeline, and pricing for each project will be agreed upon in writing (via email, proposal document, or contract) before work begins. Any changes to the agreed scope may result in revised timelines and pricing.
3.3 Service Availability
We strive to provide uninterrupted services, but we do not guarantee 100% availability. We may temporarily suspend services for maintenance, updates, or circumstances beyond our reasonable control.
4. Client Responsibilities
To ensure the successful delivery of our services, the Client agrees to:
- Provide timely feedback, approvals, and decisions during the project lifecycle.
- Supply all necessary content, assets, materials, credentials, and access required for the project.
- Designate a primary point of contact for communication and decision-making.
- Review and approve deliverables within a reasonable timeframe (typically 5–7 business days).
- Ensure all provided content and materials do not infringe on third-party intellectual property rights.
- Make payments according to the agreed schedule and terms.
Note: Delays in client feedback, content delivery, or approvals may result in project timeline adjustments. Zekitales cannot be held responsible for delays caused by late client responses.
5. Pricing and Payment
5.1 Quotations and Proposals
All pricing is provided through custom quotations or proposals based on project requirements. Prices are valid for 30 days from the date of the quotation unless otherwise specified.
5.2 Payment Terms
Unless otherwise agreed in writing, our standard payment terms are:
- Project Deposit: 40% of the total project cost is required upfront before work begins.
- Milestone Payments: Remaining payments are tied to agreed project milestones as outlined in the project proposal.
- Final Payment: 100% of the project cost must be received before final deliverables, source code, or project files are released to the Client.
5.3 Late Payments
Payments not received within the agreed timeframe may incur a late fee of 2% per month on the outstanding balance. We reserve the right to pause or halt work on a project if payments are significantly overdue (more than 14 days past due).
5.4 Refund Policy
The initial deposit is non-refundable once work has commenced, as it covers project setup, resource allocation, and initial development. Refund requests for completed milestones will be evaluated on a case-by-case basis.
6. Intellectual Property
6.1 Ownership
Upon receipt of full payment for a project, the Client receives full ownership of the final deliverables, including all custom code, designs, and content produced specifically for the project. Zekitales retains the right to display the work in our portfolio unless otherwise agreed in writing.
6.2 Pre-existing Materials
Zekitales may use pre-existing tools, frameworks, libraries, code components, and design elements ("Pre-existing Materials") in the development of project deliverables. These Pre-existing Materials remain the intellectual property of Zekitales, and the Client is granted a non-exclusive, perpetual license to use them as part of the delivered project.
6.3 Third-Party Materials
Projects may incorporate third-party resources (e.g., open-source libraries, stock images, fonts, APIs) that are subject to their own licenses. The Client agrees to comply with all applicable third-party license terms.
7. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared during the course of a project. This includes but is not limited to business strategies, technical specifications, source code, client lists, user data, trade secrets, and proprietary processes. This confidentiality obligation survives the termination of the business relationship for a period of 2 years.
8. Warranties and Disclaimers
8.1 Our Warranty
Zekitales warrants that all services will be performed in a professional and workmanlike manner, consistent with industry standards. We provide a 30-day warranty on delivered projects to fix any bugs or issues that arise directly from our development work.
8.2 Disclaimer
Except as explicitly stated above, our website and services are provided "as is" and "as available" without warranties of any kind. We do not warrant that our website will be uninterrupted, secure, or error-free at all times, or that the results obtained from using our services will be accurate or reliable.
9. Limitation of Liability
To the maximum extent permitted by law, Zekitales shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from use or inability to use our website or services, any errors or omissions in our content, unauthorized access to your data, or third-party actions. Our total liability for any claim shall not exceed the total amount paid by the Client for the specific project giving rise to the claim.
10. Indemnification
The Client agrees to indemnify, defend, and hold harmless Zekitales, its founders, team members, and affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from the Client's use of our services, violation of these Terms, content provided by the Client that infringes third-party rights, or any disputes between the Client and third parties.
11. Project Cancellation and Termination
11.1 Cancellation by Client
The Client may cancel a project at any time by providing written notice. The initial deposit is non-refundable. The Client is responsible for payment for all work completed up to the cancellation date.
11.2 Termination by Zekitales
We reserve the right to terminate or suspend services if the Client breaches these Terms and fails to remedy the breach within 14 days, payments are overdue by more than 30 days, the Client engages in illegal or harmful activities, or the working relationship becomes unproductive.
12. Force Majeure
Neither party shall be liable for failure to perform its obligations if such failure is caused by events beyond reasonable control, including natural disasters, pandemics, war, terrorism, government actions, internet outages, power failures, or cyberattacks.
13. Dispute Resolution
Any disputes arising from these Terms shall first be resolved through good-faith negotiation, then mediation if negotiation fails. These Terms are governed by the laws of Pakistan, and any legal proceedings shall be conducted in the courts of Pakistan.
14. Changes to These Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will update this page and, where appropriate, notify you via email or a notice on our website. Your continued use of our services after any changes constitutes acceptance of the updated Terms.
15. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
16. Entire Agreement
These Terms, together with our Privacy Policy and any specific project agreements, constitute the entire agreement between you and Zekitales regarding the use of our website and services.
17. Contact Us
If you have any questions or concerns about these Terms of Service, please contact us:
