These Terms of Service govern your use of Zeptonic's website and services. By engaging our services or using our website, you agree to these terms. Please read them carefully. Questions? Contact us at hello@zeptonic.com.
Zeptonic provides digital agency services including website development, software development, AI and automation solutions, branding and design, and digital marketing. We also operate Zeptonic CRM, a software-as-a-service platform for service businesses.
The specific scope, deliverables, timeline, and pricing for each engagement are defined in a separate proposal or statement of work ("SOW") agreed between Zeptonic and the client. These Terms of Service apply to all engagements unless otherwise agreed in writing.
All projects begin with a written proposal or SOW that defines scope, deliverables, timeline, and costs. Work begins upon:
Scope changes: Any changes to the agreed scope must be requested in writing and will be subject to a change order that may affect pricing and timelines. Zeptonic reserves the right to decline scope changes that are not feasible within the current engagement.
Client responsibilities: Clients are responsible for providing timely feedback, required content, credentials, and approvals. Delays caused by the client may affect project timelines without affecting Zeptonic's payment schedule.
Payment terms are defined in each proposal. Standard terms are:
Invoices are due within 14 days of issue unless otherwise agreed. Late payments may incur a 1.5% monthly interest charge on overdue balances.
Zeptonic reserves the right to suspend services for accounts with overdue balances of 30 days or more after providing 7 days written notice.
Client-owned work: Upon receipt of full payment, ownership of custom deliverables created specifically for the client (websites, designs, custom software) transfers to the client.
Zeptonic-owned components: Zeptonic retains ownership of its proprietary frameworks, tools, templates, methodologies, and any pre-existing intellectual property used in delivering services. Clients receive a perpetual licence to use these components as part of the delivered work.
Third-party components: Some deliverables may include third-party software, fonts, images, or libraries. These remain subject to their respective licences, which will be disclosed to the client.
Portfolio rights: Zeptonic reserves the right to display completed work in its portfolio unless the client requests confidentiality in writing.
Both parties agree to keep confidential any proprietary or sensitive information shared during the engagement. This includes business strategies, client data, pricing, and technical specifications.
Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law.
These obligations survive the termination of any engagement for a period of 3 years.
The following additional terms apply to Zeptonic CRM subscriptions:
Subscription: Zeptonic CRM is provided on a month-to-month subscription basis. Subscriptions may be cancelled at any time with 30 days written notice. No refunds are provided for partial months.
30-Day Results Guarantee: If Zeptonic CRM does not produce measurable results (as defined in the onboarding agreement) within 30 days of going live, we will refund the first month's subscription fee. This guarantee applies once per client and excludes setup fees and usage charges.
Acceptable use: You agree not to use Zeptonic CRM to send spam, engage in illegal activities, harass individuals, or violate any applicable laws including anti-spam regulations (CAN-SPAM, GDPR, CASL).
Data: Your client data within Zeptonic CRM remains yours. We will not access it except to provide support or as required by law. Upon cancellation, data export is available for 30 days before deletion.
Uptime: We aim for 99.9% uptime but do not guarantee uninterrupted service. Planned maintenance will be communicated in advance where possible.
Usage charges: SMS, email, call, and WhatsApp usage is billed at published rates. Usage charges are itemised on your monthly invoice. Rates may change with 30 days notice.
To the maximum extent permitted by law, Zeptonic's total liability for any claim arising from our services is limited to the total fees paid by the client in the 3 months prior to the claim.
Zeptonic is not liable for:
Nothing in these terms limits liability for fraud, gross negligence, or death or personal injury caused by our negligence.
By client: Clients may terminate an engagement by providing 14 days written notice. Work completed to date will be invoiced and is payable. Deposits are non-refundable.
By Zeptonic: We reserve the right to terminate an engagement with 14 days notice if: payment obligations are not met, the client engages in abusive behaviour toward our team, or the project scope changes materially from what was agreed.
SaaS cancellation: Subscriptions may be cancelled with 30 days written notice to hello@zeptonic.com. Access continues until the end of the notice period.
Upon termination, each party will return or destroy confidential information belonging to the other party.
These terms are governed by the laws of the State of Virginia, USA, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Virginia Beach, Virginia, unless otherwise agreed in writing.
For clients outside the USA, we will work in good faith to resolve disputes informally before pursuing legal action.
For questions about these Terms of Service: