1. Agreement to Terms
By accessing our website at zambezidigital.com and/or engaging our services, you agree to be bound by these Terms and Conditions. If you disagree with any part of these terms, you may not access our services.
These Terms constitute a legally binding agreement between you ("Client," "you," or "your") and Zambezi Digital ("Company," "we," "us," or "our"), concerning your access to and use of our website and services.
2. Services Description
Zambezi Digital provides digital services including but not limited to:
- Website design and development
- Landing page creation
- Digital marketing services
- Branding and graphic design
- Website maintenance and support
- Search engine optimization (SEO)
- Business email setup and configuration
- Google Business Profile optimization
2.1 Service Delivery
We will deliver services in a professional and workmanlike manner according to industry standards. Specific deliverables, timelines, and milestones will be outlined in individual project proposals or statements of work agreed upon by both parties.
2.2 Third-Party Services
We may recommend or integrate third-party services (hosting providers, payment processors, analytics tools) as part of our service delivery. We are not responsible for the performance, availability, or terms of service of these third-party providers.
3. Client Responsibilities
To ensure successful project completion, you agree to:
- Provide all necessary content (text, images, logos, brand guidelines) within agreed timeframes
- Provide timely feedback and approvals at designated project milestones
- Ensure you have legal rights to all materials provided to us
- Cooperate with reasonable requests for information or clarification
- Maintain active communication channels throughout the project
- Review and test deliverables within the specified review periods
3.1 Content Ownership and Rights
You represent and warrant that:
- You own or have obtained all necessary rights to any content you provide
- Your content does not infringe upon any third-party intellectual property rights
- Your content complies with all applicable laws and regulations
- You have obtained necessary permissions for any personal data included in your content
3.2 Delays
If client delays in providing materials, feedback, or approvals exceed 14 days, we reserve the right to:
- Pause work on the project until required materials are received
- Adjust project timelines accordingly
- Charge a project resumption fee if work has been paused for more than 30 days
4. Payment Terms
4.1 Pricing and Fees
All prices are quoted in United States Dollars (USD) or Botswana Pula (BWP) as specified in your proposal. Prices are exclusive of any applicable taxes unless otherwise stated.
4.2 Payment Structure
Our standard payment terms are:
- Deposit: 50% of the total project fee is required before work commences
- Final Payment: Remaining 50% due upon project completion, before final files are delivered or website goes live
- Maintenance Packages: Billed monthly in advance
- Additional Services: Billed according to agreed hourly rates or fixed fees
4.3 Payment Methods
We accept payment via:
- Bank transfer (EFT)
- Mobile money transfers (EcoCash, Orange Money, etc.)
- PayPal (for international clients)
- Other methods as agreed in writing
4.4 Late Payments
Payments not received within 7 days of the due date will incur a late fee of 5% of the outstanding amount per month. We reserve the right to suspend services, remove websites from our servers, or withhold deliverables until payment is received in full.
4.5 Refunds
Due to the nature of digital services:
- Deposits are non-refundable once work has commenced
- No refunds will be provided for completed work
- Refund requests for special circumstances will be considered on a case-by-case basis
5. Intellectual Property Rights
5.1 Ownership Transfer
Upon full payment of all fees:
- You will own the final website design, graphics, and content we create specifically for you
- We retain ownership of any pre-existing materials, tools, or frameworks used
- Source files (native design files) may be provided at our discretion or for an additional fee
5.2 Our Rights
We reserve the right to:
- Display the completed project in our portfolio and marketing materials
- Use the project as a case study (unless otherwise agreed in writing)
- Retain rights to any proprietary code, frameworks, or methodologies developed
- Include a small credit link in the website footer (removable for a fee)
5.3 Third-Party Assets
Any stock images, fonts, plugins, or other third-party assets used in your project are subject to the licensing terms of their respective owners. We will inform you of any licensing restrictions or ongoing costs associated with these assets.
5.4 Client Content
You retain all rights to content you provide to us. By providing content, you grant us a limited license to use, modify, and display that content solely for the purpose of completing your project.
6. Revisions and Change Requests
6.1 Included Revisions
Our service packages include a specified number of revision rounds:
- Basic packages: 2 revision rounds
- Standard packages: 3 revision rounds
- Premium packages: Unlimited revisions within project scope
6.2 Revision Process
Revisions must be:
- Requested in writing (email or project management system)
- Consolidated into a single list per revision round
- Requested within 7 days of receiving deliverables
- Within the original project scope
6.3 Additional Charges
Additional charges apply for:
- Revisions requested after the specified number of rounds
- Changes that significantly alter the original project scope
- New features or functionality not included in the original agreement
- Revisions requested more than 30 days after project completion
7. Termination
7.1 Termination by Client
You may terminate the agreement by providing written notice. In such cases:
- You remain liable for all work completed up to the termination date
- No refund of deposits will be provided
- Partial payment may be required for work in progress
7.2 Termination by Us
We may terminate the agreement if:
- Payment is not received according to agreed terms
- You breach any material term of this agreement
- You engage in abusive or unprofessional conduct
- The project remains inactive for more than 60 days due to client delays
7.3 Effect of Termination
Upon termination:
- All licenses granted by us will terminate
- You must cease using any materials not fully paid for
- We may remove incomplete websites from our servers
- Confidentiality obligations survive termination
8. Limitation of Liability
8.1 Disclaimer
Our services are provided "as is" without warranties of any kind, either express or implied. We do not guarantee that:
- Our services will meet your specific requirements or expectations
- The service will be uninterrupted, timely, secure, or error-free
- Any errors in the service will be corrected
- Your website will achieve specific business results or rankings
8.2 Limitation
To the maximum extent permitted by law:
- Our total liability shall not exceed the total amount paid by you for the specific service giving rise to the liability
- We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
- We are not responsible for loss of profits, revenue, data, or business opportunities
- We are not liable for any failure or delay due to circumstances beyond our reasonable control
8.3 Indemnification
You agree to indemnify and hold harmless Zambezi Digital and its employees from any claims, damages, or expenses (including legal fees) arising from:
- Your use of our services
- Content you provide to us
- Your breach of these Terms
- Violation of any third-party rights
9. Confidentiality
Both parties agree to:
- Maintain the confidentiality of proprietary information shared during the project
- Not disclose confidential information to third parties without prior written consent
- Use confidential information only for the purpose of fulfilling obligations under this agreement
- Return or destroy confidential information upon request or termination
This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.
10. Governing Law and Disputes
10.1 Applicable Law
These Terms shall be governed by and construed in accordance with the laws of Zimbabwe and Botswana, without regard to conflict of law provisions.
10.2 Dispute Resolution
In the event of any dispute:
- Both parties agree to first attempt to resolve the matter through good faith negotiation
- If negotiation fails, parties agree to mediation before pursuing legal action
- Any legal proceedings shall be brought in the courts of Zimbabwe or Botswana
10.3 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
11. General Provisions
11.1 Entire Agreement
These Terms, together with any project proposal or statement of work, constitute the entire agreement between you and Zambezi Digital regarding our services.
11.2 Modifications
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services constitutes acceptance of the modified Terms.
11.3 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
11.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
