Legal

Terms & Conditions

Web Design • Video Reels & UGC Content • AI Automations

Last updated: May 2025

PLEASE READ THESE TERMS AND CONDITIONS ("Agreement") CAREFULLY BEFORE ENGAGING THE SERVICES OF ZOBY TECH ("Company," "we," "us," or "our"). BY SIGNING A PROPOSAL, PAYING AN INVOICE, SUBMITTING A DEPOSIT, OR PROVIDING WRITTEN OR ELECTRONIC CONFIRMATION TO PROCEED, YOU ("Client") AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ENGAGE OUR SERVICES.

This Agreement governs all services provided by Zoby Tech, including but not limited to website design and development, video reels and user-generated content (UGC) production, and artificial intelligence (AI) automation services (collectively, "Services"). These Terms apply to every project, engagement, retainer, or task undertaken by Zoby Tech, whether or not a separate project proposal or statement of work is issued.

1.Definitions

For the purposes of this Agreement, the following terms shall have the meanings set forth below:

  • "Client" means any individual, business entity, organisation, or representative thereof that engages Zoby Tech for Services.
  • "Project" means the specific scope of work agreed upon between Zoby Tech and the Client, as described in a Proposal, Statement of Work, invoice, or written communication.
  • "Proposal" or "Statement of Work (SOW)" means any written document, email, message, or digital communication in which Zoby Tech outlines the Services, deliverables, timeline, and fees for a specific Project.
  • "Deliverables" means the tangible or digital outputs produced by Zoby Tech in the course of completing a Project, including website files, video content, UGC scripts and materials, AI automation workflows, and associated documentation.
  • "Client Materials" means any content, data, assets, credentials, copy, images, videos, brand guidelines, logos, feedback, approvals, or other materials provided by the Client that are required for Zoby Tech to perform the Services.
  • "Intellectual Property" or "IP" refers to all copyrights, trademarks, patents, trade secrets, moral rights, and any other proprietary or intellectual property rights in any jurisdiction worldwide.
  • "Final Deliverable" means the fully completed and approved version of a Deliverable, released to the Client upon receipt of full payment.
  • "Revision" means a reasonable alteration, refinement, or correction to a Deliverable that falls within the originally agreed scope of work. A Revision does not include additions, structural changes, or new functionality beyond the original Proposal.
  • "Working Days" means Monday through Friday, excluding public holidays in the service provider's jurisdiction.

2.Scope of Services

2.1General

Zoby Tech provides the following categories of Services, each subject to the specific provisions detailed in this Agreement:

  • Web Design and Development: Design, creation, and deployment of websites, landing pages, and web-based interfaces.
  • Video Reels and UGC Content: Production, editing, scripting, and delivery of short-form video content and user-generated content campaigns.
  • AI Automations: Design and implementation of artificial intelligence workflows, chatbots, automation pipelines, API integrations, and related digital solutions.

2.2Scope Defined by Proposal

The specific scope, deliverables, timeline, and pricing for each Project shall be defined in a written Proposal or SOW. Any work, features, or deliverables not expressly listed in the Proposal are expressly excluded from the agreed scope and will be treated as additional work subject to additional fees.

2.3Scope Changes

Any request by the Client to change, expand, or modify the agreed scope of work ("Scope Creep") must be submitted in writing. Zoby Tech reserves the right to:

  • Decline any change request without cause.
  • Issue a revised Proposal and invoice for any additional work requested.
  • Pause work on the existing Project until a change order has been agreed upon in writing and any required additional payment has been made.

Zoby Tech shall not be liable for any delays in delivery caused by scope changes requested by the Client.

3.Fees, Payment Terms & Invoicing

3.1Fees

All fees for Services shall be as stated in the Proposal. Zoby Tech reserves the right to revise its pricing at any time, provided that any revision shall not apply retroactively to Projects for which a Proposal has already been accepted by the Client.

3.2Deposit Requirement

Unless otherwise expressly agreed in writing, Zoby Tech requires a non-refundable deposit prior to commencing any work. The standard deposit schedule is as follows:

  • A minimum deposit of fifty percent (50%) of the total Project fee is due before any work begins.
  • For Projects over a certain value threshold as specified in the Proposal, a different deposit structure may apply, as agreed in writing.
  • Work will not commence, and no Project timeline will begin, until the required deposit has been received and cleared.

The deposit compensates Zoby Tech for time blocked, resources allocated, and preparatory work undertaken. The deposit is non-refundable under any circumstances, including but not limited to Client cancellation, Client change of mind, or failure by the Client to provide required materials.

3.3Payment Schedule

Unless otherwise stated in the Proposal, the following payment schedule applies:

  • 50% deposit: Due before project commencement.
  • 50% final payment: Due upon project completion and prior to delivery of Final Deliverables or transfer of any files, login credentials, or assets.

For larger or phased projects, milestone-based payment schedules may be agreed upon in the Proposal. Failure to make any milestone payment on time entitles Zoby Tech to suspend all work until payment is received, without liability for resulting delays.

3.4Payment Methods and Processing

All payments must be made via the methods specified by Zoby Tech (bank transfer, payment platform, or other method as communicated). Payments must be made in the currency specified in the Proposal. Any bank charges, transfer fees, or currency conversion fees are the Client's sole responsibility.

3.5Late Payment

Time is of the essence with respect to all payment obligations. If any payment is not received by its due date:

  • Zoby Tech reserves the right to immediately suspend all work on the Project without prior notice.
  • A late payment fee of 1.5% per month (or the maximum rate permitted by applicable law, whichever is lower) will be applied to all overdue balances.
  • All outstanding invoices become immediately due and payable upon any default.
  • Zoby Tech reserves the right to withhold, retract, or revoke access to all Deliverables, websites, files, and digital assets until all outstanding balances are settled in full.
  • The Client shall be responsible for all costs of collection, including reasonable legal fees and court costs, in the event Zoby Tech must pursue collection of unpaid amounts.

3.6Non-Delivery Due to Non-Payment

Zoby Tech shall have no obligation to deliver Final Deliverables, transfer domain registrations, provide login credentials, push live code, or hand over any completed work until full payment has been received. Completed work held due to non-payment does not give the Client any claim for damages, losses, or compensation of any kind.

3.7Taxes

All fees quoted by Zoby Tech are exclusive of any applicable taxes, including Value Added Tax (VAT), Goods and Services Tax (GST), sales tax, or any other similar levy. The Client is responsible for paying any applicable taxes in their jurisdiction. Zoby Tech will issue tax invoices where required by law.

4.Client Responsibilities & Materials

4.1Timely Provision of Materials

The timely delivery of Services is entirely dependent on the Client's prompt provision of all required Client Materials. The Client agrees to provide all requested content, assets, access credentials, feedback, and approvals within the timeframes specified by Zoby Tech or, where no timeframe is specified, within five (5) Working Days of the request.

4.2Consequences of Delayed Materials

If the Client fails to provide required Client Materials within the agreed timeframe, or within a reasonable period as determined by Zoby Tech:

  • Zoby Tech shall have no liability whatsoever for any resulting delays to the Project timeline.
  • All quoted delivery dates and deadlines are automatically void and will be rescheduled at Zoby Tech's discretion, subject to availability.
  • The Client's project may be placed at the back of Zoby Tech's production queue and will only resume when materials are received and Zoby Tech has available capacity.
  • Zoby Tech reserves the right to charge a restart/rescheduling fee if the Project is delayed by more than fourteen (14) days due to missing Client Materials.
  • If the Project remains on hold due to missing Client Materials for more than thirty (30) days, Zoby Tech may treat the Agreement as abandoned. In such case, all payments received are forfeited and Zoby Tech is under no obligation to complete the work.

4.3Accuracy of Materials

The Client warrants that all Client Materials provided to Zoby Tech are:

  • Accurate, complete, and up to date.
  • Not infringing upon any third party's intellectual property rights.
  • Not defamatory, obscene, unlawful, or otherwise objectionable.
  • Owned by the Client or provided with appropriate licenses for the intended use.

Zoby Tech relies entirely on the Client's representations regarding their materials and shall bear no liability for errors, omissions, or legal issues arising from inaccurate, incomplete, or unlawful Client Materials.

4.4Client Access and Cooperation

The Client agrees to:

  • Provide Zoby Tech with timely access to all platforms, accounts, tools, and systems necessary to perform the Services, including website backends, social media accounts, ad accounts, domain registrars, and hosting panels.
  • Designate a single point of contact with authority to provide approvals and direction.
  • Respond promptly to requests for feedback and approval.
  • Notify Zoby Tech of any changes to project requirements, business direction, or stakeholder feedback as soon as practicable.

Zoby Tech shall not be liable for any delays or additional costs arising from the Client's failure to cooperate, provide access, or respond in a timely manner.

4.5Third-Party Accounts & Credentials

Where the Client provides login credentials for third-party platforms, the Client accepts sole responsibility for the security of those credentials and any consequences arising from their use. Zoby Tech will treat all credentials as confidential and will not share them with unauthorised parties.

5.Revisions, Approvals & Sign-Off

5.1Included Revisions

Each Project includes a specified number of revision rounds as stated in the Proposal. Unless otherwise specified, the standard allowance is two (2) rounds of revisions per Deliverable. A "revision round" means one consolidated set of written feedback submitted at one time. Multiple, staggered, or contradictory feedback sets will be treated as separate revision rounds.

5.2Additional Revisions

Any revisions beyond the included allowance will be charged at Zoby Tech's then-current hourly rate or a flat fee as quoted. Zoby Tech will notify the Client before undertaking additional billable revisions.

5.3Approval and Sign-Off

All Deliverables require written approval by the Client prior to finalisation and launch. The Client's written approval (via email, messaging platform, or digital form) constitutes final sign-off and signals that the Deliverable is accepted as-is. After sign-off:

  • Any further changes requested by the Client will be treated as new work and invoiced separately.
  • Zoby Tech shall not be liable for any errors, omissions, or issues in approved Deliverables.

5.4Deemed Approval

If the Client fails to respond to a request for feedback or approval within seven (7) Working Days, the Deliverable will be deemed approved and accepted. Zoby Tech may proceed to finalise and invoice accordingly. The Client shall have no claim against Zoby Tech for any issues arising from Deliverables deemed approved under this clause.

5.5Post-Launch Changes

Once a website is launched or a video is published, any further changes, edits, additions, or modifications are outside the original scope and will be quoted and invoiced as a separate engagement.

6.Project Timelines & Delivery

6.1Estimated Timelines

Any timelines or delivery dates provided by Zoby Tech are good-faith estimates only and are not guaranteed unless explicitly stated in writing as firm deadlines. Timelines are contingent upon the Client fulfilling all obligations under this Agreement, including timely payment and provision of Client Materials.

6.2Client-Caused Delays

Zoby Tech shall not be responsible for delays caused by:

  • Late or incomplete provision of Client Materials.
  • Late payment or non-payment of invoices.
  • Changes to project scope, direction, or requirements.
  • Failure of the Client to respond to requests for feedback or approval.
  • Provision of incorrect, incomplete, or conflicting instructions.
  • Technical issues with third-party platforms, servers, or systems outside Zoby Tech's control.

6.3Force Majeure

Zoby Tech shall not be liable for any delay or failure to perform Services due to circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, government actions, power outages, internet service disruptions, cyberattacks, third-party platform failures, or other events of force majeure. In such circumstances, timelines will be extended accordingly.

7.Intellectual Property & Ownership

7.1Zoby Tech's Pre-Existing IP

All tools, templates, methodologies, processes, frameworks, code libraries, AI prompts, automation systems, proprietary workflows, and know-how developed or owned by Zoby Tech prior to or independently of any Client engagement ("Pre-Existing IP") remain the sole and exclusive property of Zoby Tech. This Agreement does not transfer any rights in Pre-Existing IP to the Client.

7.2Transfer of Rights Upon Full Payment

Subject to receipt of full payment of all fees and charges due under this Agreement, Zoby Tech grants the Client a non-exclusive, non-transferable licence to use the Final Deliverables for the Client's stated business purposes. Full assignment of copyright in custom-created Deliverables will only occur if expressly agreed in writing and confirmed as part of a "full IP transfer" arrangement for an additional fee.

For the avoidance of doubt, until all outstanding payments have been received in full, Zoby Tech retains all intellectual property rights in all Deliverables, whether complete or in progress, and the Client has no right to use, publish, reproduce, distribute, or exploit any Deliverables.

7.3Third-Party Assets

Deliverables may incorporate licensed third-party assets, including stock images, fonts, music, video clips, plugins, software libraries, and AI-generated elements. Zoby Tech will use commercially licensed assets where required, but the Client acknowledges that:

  • Some third-party licences may include limitations (e.g., restrictions on print use, geographic use, or commercial resale).
  • The cost of obtaining extended or commercial licences for third-party assets may not be included in the Project fee and may be billed separately.
  • Zoby Tech is not responsible for any third-party IP claims arising from the Client's use of Deliverables in ways that exceed the scope of applicable licences.

7.4Client IP

The Client retains all rights in Client Materials provided to Zoby Tech. The Client grants Zoby Tech a non-exclusive, royalty-free licence to use Client Materials solely for the purpose of performing the Services. Zoby Tech will not use Client Materials for any other purpose without written consent.

7.5Portfolio Rights

Zoby Tech reserves the right to display completed Deliverables in its portfolio, on its website, and across its marketing channels unless the Client provides a written request for confidentiality before project commencement. Portfolio display will not include any confidential Client data, business-sensitive information, or personally identifiable information beyond general project descriptions.

8.Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party in connection with the Project, including business strategies, technical data, financial information, customer data, and trade secrets ("Confidential Information"). Neither party shall disclose Confidential Information to any third party without the prior written consent of the disclosing party, except as required by applicable law or regulation.

Confidentiality obligations shall survive the termination of this Agreement for a period of three (3) years. Confidentiality obligations do not apply to information that: (a) is or becomes publicly known through no breach of this Agreement; (b) was rightfully in the receiving party's possession prior to disclosure; or (c) is independently developed without use of the Confidential Information.

9.Warranties & Representations

9.1Zoby Tech's Warranties

Zoby Tech warrants that:

  • It has the right, power, and authority to enter into this Agreement and perform the Services.
  • The Services will be performed with reasonable skill, care, and diligence.
  • To the best of its knowledge, original Deliverables created by Zoby Tech will not knowingly infringe any third party's intellectual property rights.

9.2Disclaimer of Additional Warranties

EXCEPT AS EXPRESSLY STATED IN SECTION 9.1, ZOBY TECH MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  • WARRANTIES THAT DELIVERABLES WILL ACHIEVE ANY SPECIFIC BUSINESS OUTCOME, SALES RESULT, ENGAGEMENT RATE, REVENUE TARGET, OR OTHER PERFORMANCE METRIC.
  • WARRANTIES REGARDING THE UNINTERRUPTED OR ERROR-FREE OPERATION OF WEBSITES, AUTOMATIONS, OR AI SYSTEMS.
  • WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF AI-GENERATED CONTENT OR OUTPUTS.

9.3Client's Warranties

The Client warrants and represents that:

  • It has full authority to enter into this Agreement and commission the Services.
  • All Client Materials provided are owned by, or properly licenced to, the Client.
  • The use of Client Materials as directed does not infringe any third party's rights.
  • All information provided to Zoby Tech is accurate and not misleading.
  • The Client's intended use of Deliverables complies with all applicable laws, regulations, and platform terms of service.

10.Limitation of Liability

10.1Cap on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZOBY TECH'S TOTAL AGGREGATE LIABILITY TO THE CLIENT FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY THE CLIENT TO ZOBY TECH IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10.2Exclusion of Consequential Loss

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZOBY TECH SHALL NOT BE LIABLE FOR ANY:

  • LOSS OF PROFITS, REVENUE, BUSINESS, CONTRACTS, OR ANTICIPATED SAVINGS.
  • LOSS OF GOODWILL OR REPUTATION.
  • LOSS OF DATA OR CORRUPTION OF DATA.
  • INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE.
  • LOSSES ARISING FROM THIRD-PARTY PLATFORM CHANGES, OUTAGES, POLICY UPDATES, OR ACCOUNT SUSPENSIONS (INCLUDING BUT NOT LIMITED TO FACEBOOK, INSTAGRAM, TIKTOK, GOOGLE, OR WORDPRESS).
  • LOSSES ARISING FROM AI SYSTEM ERRORS, HALLUCINATIONS, INACCURATE OUTPUTS, OR PLATFORM API CHANGES.
  • LOSSES ARISING FROM THE CLIENT'S FAILURE TO PROVIDE REQUIRED MATERIALS, APPROVALS, OR PAYMENTS.
  • LOSSES ARISING FROM WEBSITE DOWNTIME, SECURITY BREACHES, OR HOSTING ISSUES NOT DIRECTLY CAUSED BY ZOBY TECH.

10.3Client's Responsibility to Review

The Client is solely responsible for reviewing all Deliverables prior to use, publication, or launch. Zoby Tech shall not be liable for any errors, omissions, inaccuracies, or unlawful content that the Client approved or failed to review before use.

10.4Third-Party Services

Zoby Tech may recommend or integrate third-party tools, platforms, plugins, or services as part of the Deliverables. Zoby Tech makes no warranties regarding the performance, availability, pricing, or continued existence of any third-party service and shall not be liable for any loss or damage arising from the Client's use of or reliance on third-party services.

11.Refund Policy

11.1No Refund on Deposits

All deposits paid to Zoby Tech are strictly non-refundable. This applies regardless of the reason for cancellation, including but not limited to the Client changing their mind, changes in business circumstances, dissatisfaction with initial concepts, or failure to provide required materials.

11.2No Refund After Work Commences

Once Zoby Tech has commenced work on a Project (including planning, research, design, strategy, or production), no refund shall be due for work completed to that point, even if the project is subsequently cancelled.

11.3Partial Refunds

At Zoby Tech's sole discretion, a partial refund may be considered in exceptional circumstances where:

  • A material error was made by Zoby Tech that fundamentally prevents delivery of the agreed Deliverables, AND
  • The Client provided timely, complete, and accurate materials, feedback, and payment, AND
  • Zoby Tech is unable to remedy the error within a reasonable timeframe.

Any refund issued under this clause shall not exceed the fees paid for the undelivered portion of the Project.

12.Cancellation & Termination

12.1Cancellation by Client

The Client may cancel a Project at any time by providing written notice to Zoby Tech. Upon cancellation:

  • The deposit (and any other payments made) are non-refundable.
  • Any work completed beyond the deposit value will be invoiced and immediately due.
  • All work product, files, and Deliverables remain the property of Zoby Tech until all outstanding balances are settled.
  • No partially completed Deliverables will be handed over until all outstanding amounts are paid.

12.2Termination by Zoby Tech

Zoby Tech reserves the right to terminate this Agreement immediately, without liability, in the following circumstances:

  • Non-payment or late payment by the Client.
  • The Client engages in abusive, threatening, or harassing conduct toward Zoby Tech or its team.
  • The Client requests work that is illegal, defamatory, infringes third-party rights, or violates any applicable law.
  • The Client provides false, misleading, or fraudulent information.
  • The Project becomes technically or commercially impossible due to circumstances caused by the Client.
  • The Client's failure to cooperate prevents Zoby Tech from performing the Services.

In the event of termination under this clause, Zoby Tech will retain all payments received and may invoice for work completed to the date of termination.

12.3Effect of Termination

Upon termination of this Agreement for any reason:

  • All licences granted to the Client under this Agreement are immediately revoked until all outstanding balances are paid.
  • Each party shall return or destroy the other's Confidential Information upon request.
  • Clauses that by their nature survive termination (including but not limited to payment obligations, IP ownership, limitation of liability, confidentiality, and indemnification) shall continue in full force.

13.Indemnification

The Client agrees to indemnify, defend, and hold harmless Zoby Tech, its directors, officers, employees, contractors, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

  • The Client's breach of any provision of this Agreement.
  • The Client's use of the Deliverables in a manner not authorised under this Agreement.
  • Any claim that Client Materials infringe the intellectual property rights of any third party.
  • Any inaccurate, unlawful, or misleading content provided by the Client and incorporated into Deliverables.
  • The Client's violation of any applicable law, regulation, or third-party platform terms.
  • Any act or omission by the Client or its agents, employees, or contractors.

14.AI Automation Services — Specific Terms

14.1Nature of AI Services

Zoby Tech provides AI automation services including but not limited to chatbot development, workflow automation, AI-powered content tools, API integrations, and process automation. The Client acknowledges and agrees that:

  • AI systems are probabilistic and may produce outputs that are inaccurate, incomplete, inconsistent, or unexpected ("AI Errors"). Zoby Tech makes no warranty that AI outputs will be error-free or suitable for any specific purpose.
  • AI models and platforms are subject to updates, changes, and discontinuation by their providers (including but not limited to OpenAI, Anthropic, Google, and others). Zoby Tech is not responsible for changes to AI providers' platforms, pricing, or availability that affect delivered solutions.
  • AI automation solutions may require ongoing maintenance, API key management, and prompt updates as AI platforms evolve. Unless a maintenance agreement is in place, such ongoing work is not included in the initial Project fee.
  • Zoby Tech does not guarantee that AI-powered automations will function indefinitely without modification as third-party platforms update.

14.2Client's Responsibility for AI Outputs

The Client is solely responsible for:

  • Reviewing and validating all AI-generated outputs before using them in any business, customer-facing, legal, financial, or regulated context.
  • Ensuring compliance with applicable laws and regulations regarding the use of AI, including data protection laws, consumer protection laws, and sector-specific regulations.
  • Obtaining all necessary consents and permissions for the collection and processing of personal data used in AI systems.
  • Any decisions made, or actions taken, based on AI system outputs.

14.3API and Third-Party Costs

AI automation services may involve ongoing costs for third-party API usage (e.g., OpenAI API, automation platforms, CRM integrations). These usage costs are not included in Zoby Tech's service fees unless expressly stated otherwise. The Client is solely responsible for managing and paying for all third-party API and platform costs associated with the deployed solutions.

15.Video Reels & UGC Content — Specific Terms

15.1Client-Provided Footage and Materials

For video reels and UGC content projects, the Client is responsible for providing all required raw footage, product samples, access for shoots, and talent where applicable. Zoby Tech shall not be liable for delays or reduced quality resulting from:

  • Poor quality, unusable, or insufficient footage provided by the Client.
  • Lack of talent, actors, or brand representatives as required.
  • Failure to provide products, props, or settings as specified.
  • Last-minute changes to concept, script, or direction after production has commenced.

15.2Platform Compliance

Zoby Tech will produce video content with reasonable care for current platform guidelines (Instagram, TikTok, YouTube, Facebook, etc.). However, Zoby Tech makes no warranty that content will comply with future platform policy changes or that content will not be removed, flagged, or restricted by platforms. The Client is solely responsible for ensuring that published content complies with all applicable platform terms and community guidelines.

15.3Performance Disclaimer

Zoby Tech makes absolutely no guarantees or warranties regarding the performance of video or UGC content, including but not limited to views, likes, shares, follower growth, sales conversions, or revenue generated. Content performance is influenced by a wide range of factors outside Zoby Tech's control, including algorithm changes, market conditions, and audience behaviour.

15.4Music and Licensing

Zoby Tech will use royalty-free or properly licensed music in video productions. The Client acknowledges that music licensing on social platforms (particularly TikTok, Instagram, and YouTube) is subject to third-party licensing arrangements that may result in muted audio, content removal, or monetisation restrictions. Zoby Tech is not liable for any such platform-level actions.

15.5Talent and Model Releases

Where the Client arranges talent or individuals to appear in content, the Client is solely responsible for obtaining all necessary model releases, talent agreements, and consent forms prior to production. Zoby Tech shall not be liable for any claims arising from the Client's failure to obtain proper releases.

16.Web Design & Development — Specific Terms

16.1Hosting and Domain

Unless a hosting and domain management service is expressly included in the Proposal, the Client is responsible for securing and maintaining their own web hosting and domain registration. Zoby Tech recommends suitable providers but is not responsible for hosting performance, uptime, security, or renewal of services arranged independently by the Client.

16.2Browser and Device Compatibility

Zoby Tech will design and develop websites to be compatible with current, widely-used versions of major browsers (Chrome, Safari, Firefox, Edge) and common device types at the time of development. Zoby Tech does not guarantee compatibility with legacy browsers, future browser versions, or non-standard devices.

16.3Website Security

Zoby Tech will implement reasonable security practices during development. However, no website can be guaranteed 100% secure. The Client is responsible for maintaining security after handover, including:

  • Keeping all CMS, plugins, themes, and third-party software up to date.
  • Maintaining secure passwords and user access controls.
  • Implementing and maintaining SSL certificates.
  • Setting up and maintaining regular backups.

Zoby Tech shall not be liable for any security breaches, hacking, data loss, or downtime occurring after the website has been handed over to the Client.

16.4Search Engine Optimisation (SEO)

Zoby Tech may implement basic on-page SEO best practices during website development, where included in the Proposal. Zoby Tech makes no guarantees regarding search engine rankings, organic traffic, or SEO performance. Search engine algorithms are controlled by third parties and are subject to change at any time.

16.5Content Management

If a Content Management System (CMS) is used (e.g., WordPress, Webflow, Squarespace), the Client is responsible for learning and managing the CMS after handover. Ongoing content updates, edits, or CMS support are not included in the project fee unless specifically agreed.

17.Data Protection & Privacy

Both parties agree to comply with all applicable data protection and privacy laws in their respective jurisdictions, including but not limited to the General Data Protection Regulation (GDPR) where applicable, and equivalent legislation. The Client warrants that any personal data provided to Zoby Tech for the purpose of delivering the Services has been collected and may be processed lawfully. Each party shall implement appropriate technical and organisational measures to protect personal data against unauthorised access, loss, or destruction.

Zoby Tech processes only the personal data strictly necessary to perform the Services. For further information on how personal data is handled, please refer to Zoby Tech's Privacy Policy.

18.Dispute Resolution

18.1Good Faith Resolution

In the event of any dispute, claim, or controversy arising out of or relating to this Agreement or the Services, the parties agree to first attempt to resolve the matter in good faith through direct negotiation. Either party may initiate this process by providing written notice to the other party describing the dispute in reasonable detail.

18.2Mediation

If the dispute is not resolved through direct negotiation within thirty (30) days of written notice, either party may propose formal mediation before an agreed mediator. The costs of mediation shall be split equally between the parties unless otherwise agreed.

18.3Governing Law & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Zoby Tech is registered and operates. The parties irrevocably submit to the exclusive jurisdiction of the courts of that jurisdiction for the resolution of any dispute not resolved through negotiation or mediation.

18.4No Class Actions

The Client waives any right to bring claims against Zoby Tech as a class action plaintiff or class member in any class action proceeding.

19.General Provisions

19.1Entire Agreement

This Agreement, together with any Proposal, SOW, or invoice accepted by the Client, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements, representations, warranties, negotiations, and understandings, whether oral or written.

19.2Amendments

No amendment to this Agreement shall be valid unless made in writing and signed or confirmed in writing by an authorised representative of Zoby Tech.

19.3Waiver

Failure by Zoby Tech to enforce any provision of this Agreement shall not constitute a waiver of its right to enforce that provision or any other provision in the future.

19.4Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remainder of the Agreement shall continue in full force and effect.

19.5Assignment

The Client may not assign, transfer, or sub-license any of its rights or obligations under this Agreement without the prior written consent of Zoby Tech. Zoby Tech may assign this Agreement or any of its rights or obligations without the Client's consent.

19.6Independent Contractors

The parties are independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture, employment relationship, or agency between the parties.

19.7Electronic Acceptance

The Client agrees that electronic acceptance of this Agreement (including payment of a deposit, written confirmation via email or messaging platforms, or acceptance via digital signature) constitutes a legally binding agreement with the same force and effect as a handwritten signature.

19.8Notices

All notices under this Agreement shall be in writing and delivered by email to the parties' designated email addresses. A notice is effective upon receipt of a read receipt or confirmation response from the recipient.

19.9No Guarantee of Results

The Client acknowledges and agrees that Zoby Tech makes no guarantee, warranty, or representation regarding the results, outcomes, performance, or effectiveness of the Services or Deliverables for any particular purpose, including business growth, sales, leads, or engagement. Results are entirely dependent on factors outside Zoby Tech's control, including market conditions, the Client's own business decisions, and third-party platform behaviour.

20.Acceptance of Terms

BY PROCEEDING WITH ANY PAYMENT, SIGNING A PROPOSAL, OR PROVIDING WRITTEN CONFIRMATION TO COMMENCE SERVICES, THE CLIENT ACKNOWLEDGES THAT THEY HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN THEIR ENTIRETY.

If you have any questions about these Terms and Conditions, please contact Zoby Tech before proceeding.

Zoby Tech • All Rights Reserved • zoby.tech

Tell us what you're building — we'd love to help.

Anamaria R.

Anamaria R.

Founder, Zoby Tech

Contact

Let's connect

By submitting, you agree to our Terms and Privacy Policy.