1. Agreement Overview
These Terms and Conditions ("Terms") govern the custom software development services provided by Zenunity LLC ("Zenunity," "we," "us," or "our") to clients ("Client," "you," or "your"). By engaging our services, you agree to be bound by these Terms.
1.1 Services Covered
This agreement covers our custom software development services including:
- Mobile application development (iOS, Android, cross-platform)
- Web application development (SaaS platforms, e-commerce, custom systems)
- Browser extension development (Chrome, Firefox, Safari)
- API development and third-party integrations
- Technical consulting and software architecture services
1.2 Acceptance
By signing a project proposal, making a payment, or beginning project work, you accept these Terms in their entirety.
2. Project Scope and Development Process
2.1 Project Definition
Each project begins with a detailed scope definition including:
- Functional and technical requirements
- Project timeline and milestones
- Budget and payment schedule
- Deliverables and acceptance criteria
- Technology stack and infrastructure requirements
2.2 Development Methodology
We follow agile development practices with:
- Sprint Planning: Regular planning sessions to define development priorities
- Progress Updates: Weekly or bi-weekly progress reports and demonstrations
- Client Feedback: Structured feedback and revision cycles
- Quality Assurance: Comprehensive testing at each development phase
2.3 Change Requests
- Changes to the original scope must be documented and approved in writing
- Additional work will be quoted separately and require client approval
- Timeline and budget adjustments will be communicated clearly
- Emergency changes may be implemented with verbal approval, followed by written confirmation
3. Client Responsibilities
3.1 Information and Materials
Clients must provide:
- Clear and complete project requirements
- Necessary content, images, and design materials
- Access to existing systems for integrations
- Timely feedback and approvals during development
- Contact information for key stakeholders
3.2 Availability and Communication
- Participate in scheduled meetings and reviews
- Respond to requests for feedback within agreed timeframes
- Provide a single point of contact for project decisions
- Ensure availability of subject matter experts when needed
3.3 Third-Party Services
- Obtain necessary licenses for third-party services and APIs
- Provide access credentials for hosting platforms and services
- Ensure compliance with platform requirements (App Store, Google Play, etc.)
4. Payment Terms
4.1 Payment Structure
Basic Projects ($15,000):
- 30% upon project commencement
- 40% at 50% milestone completion
- 30% upon final delivery and acceptance
Complex Projects ($35,000):
- 30% upon project commencement
- 35% at 40% milestone completion
- 35% upon final delivery and acceptance
Enterprise Solutions:
- Custom payment schedule based on project scope and duration
- Monthly milestone payments or quarterly billing available
4.2 Payment Terms
- Invoices are due within 15 days of issuance
- Late payments may incur a 1.5% monthly service charge
- Work may be suspended for accounts more than 30 days overdue
- All payments are non-refundable unless otherwise specified
4.3 Additional Costs
- Third-party licenses and services are billed separately
- Hosting and infrastructure costs are client responsibility
- App store fees and submissions are additional charges
- Maintenance and support beyond the included period will be billed hourly
5. Intellectual Property Rights
5.1 Client Ownership
Upon full payment, clients own:
- Custom source code developed specifically for their project
- Project-specific design assets and documentation
- Data and content provided by the client
- Final deliverables as specified in the project agreement
5.2 Zenunity Ownership
Zenunity retains ownership of:
- Development methodologies and processes
- Reusable code libraries and frameworks
- Tools and utilities developed for general use
- Know-how and technical expertise
5.3 License Grants
- Zenunity grants clients a perpetual, royalty-free license to use delivered software
- Clients grant Zenunity the right to showcase completed projects (with approval)
- Both parties retain rights to pre-existing intellectual property
6. Warranties and Quality Assurance
6.1 Development Standards
We warrant that our work will:
- Conform to industry-standard coding practices
- Meet the functional requirements as specified
- Be free from material defects at the time of delivery
- Comply with applicable platform guidelines and standards
6.2 Testing and Quality Control
- Comprehensive testing on agreed-upon devices and browsers
- Performance optimization within specified parameters
- Security best practices implementation
- Code review and documentation standards
6.3 Bug Fixes and Support
- Free bug fixes for 30 days after project completion
- Critical security issues addressed immediately
- Minor enhancements and feature additions quoted separately
- Extended support and maintenance agreements available
7. Limitations and Disclaimers
7.1 Performance Disclaimers
- Software performance may vary based on hosting environment and usage
- Third-party service availability and performance are beyond our control
- Market success and user adoption are not guaranteed
- Platform approval (App Store, Google Play) is subject to platform policies
7.2 Limitation of Liability
Zenunity's total liability shall not exceed the total amount paid for the specific project. We are not liable for:
- Indirect, consequential, or punitive damages
- Lost profits, business interruption, or data loss
- Third-party service failures or security breaches
- Damages resulting from misuse of delivered software
7.3 Force Majeure
We are not liable for delays or failures due to circumstances beyond our control, including natural disasters, government actions, or technology infrastructure failures.
8. Confidentiality and Data Protection
8.1 Mutual Confidentiality
Both parties agree to:
- Protect confidential information shared during the project
- Use confidential information solely for project purposes
- Implement reasonable security measures for data protection
- Return or destroy confidential information upon request
8.2 Data Security
- Client data is handled according to our Privacy Policy
- Industry-standard encryption and security practices
- Secure development environments and access controls
- Regular security audits and compliance monitoring
9. Project Completion and Delivery
9.1 Acceptance Criteria
Projects are considered complete when:
- All specified deliverables have been provided
- Functional requirements have been met and demonstrated
- Client has had reasonable opportunity to test and review
- Any critical issues have been resolved
9.2 Final Delivery
Upon completion:
- Source code and documentation provided
- Deployment to client's production environment
- Knowledge transfer and training sessions
- Project closure documentation and handover
10. Termination
10.1 Termination by Client
Clients may terminate projects with 30 days written notice:
- Payment required for work completed to date
- Delivery of completed components and work-in-progress
- Termination fees may apply for early contract termination
10.2 Termination by Zenunity
We may terminate projects if:
- Client fails to make payments as agreed
- Client materially breaches these Terms
- Project requirements change beyond reasonable scope
10.3 Post-Termination
Upon termination:
- Final invoicing for completed work
- Return of client materials and data
- Transition assistance for ongoing development needs
11. Dispute Resolution
11.1 Resolution Process
- Direct Negotiation: Good faith efforts to resolve disputes directly
- Mediation: Binding mediation through agreed-upon mediator
- Arbitration: Final resolution through arbitration if mediation fails
11.2 Governing Law
These Terms are governed by the laws of [Your State/Country], without regard to conflict of law principles.
12. General Provisions
12.1 Entire Agreement
These Terms, together with signed project proposals, constitute the entire agreement between the parties.
12.2 Amendments
Terms may only be modified through written agreement signed by both parties.
12.3 Severability
If any provision is found unenforceable, the remainder of the Terms remain in full effect.
12.4 Assignment
Clients may not assign this agreement without written consent. Zenunity may assign to affiliates or in business transfers.
13. Contact Information
For questions about these Terms or our services:
Zenunity LLC
- Email: legal@zenunity.org
- Business Inquiries: info@zenunity.org
- Website: https://zenunity.org/contact
13.1 Legal Notices
All legal notices must be sent in writing to the above address or email.
13.2 Updates
We may update these Terms periodically. Clients will be notified of material changes.
By engaging Zenunity's services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. For project-specific terms, please refer to your signed proposal and statement of work.