We, ZudoZu being a Digital designing company, is in the business field since 2014. We have gained a boundless wealth of experience in Websites and Web-based Systems Design & Development, SEO, Graphic Design and Digital Marketing areas. We have a very young and dynamic team of professionals to handle all what we do. Our services are frequently updated with latest technological advancements in the field of Digital Designing.
By engaging ZudoZu for any Services, you confirm that you have read, understood, and agree to be bound by these Terms, along with any specific project proposals, agreements, or statements of work (“SOWs”) provided by ZudoZu, which are incorporated by reference. ZudoZu reserves the right to update and change these Terms from time to time without notice. Your continued use of the Services following any such changes constitutes your acceptance of the new Terms.
ZudoZu offers a comprehensive suite of digital services, including but not limited to:
Access to and use of the ZudoZu website is provided for your information and to facilitate your engagement with our services. You agree not to use the website for any unlawful purpose, to interfere with its operation, or to infringe upon the rights of others. We reserve the right to suspend or terminate your access to our website at our sole discretion, without notice, for any breach of these Terms.
If you are provided with or create a client account for accessing our services, you are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. You agree to notify ZudoZu immediately of any unauthorized use of your account. We reserve the right to suspend or terminate your account if you breach these Terms or if we believe your account has been compromised.
To access certain features of the Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify ZudoZu immediately of any unauthorized use of your account or any other breach of security. ZudoZu cannot and will not be liable for any loss or damage arising from your failure to comply with these security obligations.
You must be at least 13 years old to use the Services. By using the Services, you represent and warrant that you meet this age requirement.
If you are provided with or create a client account for accessing our services, you are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. You agree to notify ZudoZu immediately of any unauthorized use of your account. We reserve the right to suspend or terminate your account if you breach these Terms or if we believe your account has been compromised.
All projects commence upon ZudoZu’s receipt of a signed SOW, payment of any agreed-upon deposit or initial fee, and the provision of all necessary client-supplied content, access, and information as outlined in the SOW.
You are solely responsible for providing all necessary text, images, logos, trademarks, data, access credentials (e.g., cPanel, FTP, CMS admin, API keys), and any other materials (“Client Content”) required for the Services in a timely and organised manner. You warrant that all Client Content provided does not infringe upon the intellectual property rights or any other rights of any third party.
You agree to diligently review and approve all work, designs, content, and deliverables provided by ZudoZu within the timelines specified in the SOW. Delays in providing feedback or approvals may impact project timelines and, at ZudoZu’s discretion, may result in additional fees.
You acknowledge that ZudoZu’s ability to deliver the Services efficiently and effectively is dependent upon your timely and accurate cooperation. Failure to provide necessary information, access, or approvals may result in project delays or additional costs.
Where Services involve integration with or reliance on third-party services (e.g., payment gateways, external APIs, marketing platforms), you are responsible for obtaining and maintaining any necessary third-party accounts, subscriptions, and licenses. ZudoZu is not responsible for the performance or terms of service of such third parties.
You agree to use the Services only for lawful purposes and in accordance with these Terms. You are prohibited from using the Services to:
6.1.1. Violate any applicable federal, state, local, or international law or regulation.
6.1.2. Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by ZudoZu, may harm ZudoZu or users of the Services or expose them to liability.
6.1.3 Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
You agree not to upload, post, email, or otherwise transmit any content that:
6.2.1. Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
6.2.2. Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
6.2.3. Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
ZudoZu may establish general practices and limits concerning the use of our services, including maximum disk space, bandwidth, and retention periods for data. While we take reasonable steps for operational backups, you acknowledge that you are solely responsible for creating and maintaining your own backups of any data, content, or materials provided to us or residing on your website. ZudoZu will not be liable for any loss or corruption of data.
All content, features, and functionality available through the Services, including but not limited to text, graphics, logos, images, software, and the compilation thereof, are the exclusive property of ZudoZu and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
All methodologies, processes, proprietary software, generic code libraries, templates, tools, designs, and general know-how developed or used by ZudoZu in the provision of the Services remain the exclusive property of ZudoZu.
You retain ownership of any content you submit, post, or display on or through the Services. By submitting, posting, or displaying content, you grant ZudoZu worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods (now known or later developed).
Upon full and final payment for website or software development services, the intellectual property rights in the specific website design, custom code, and unique content developed exclusively for you as part of the SOW will transfer to you. This transfer excludes any third-party components (e.g., licensed themes, plugins, stock photography), open-source software, or ZudoZu’s pre-existing intellectual property embedded within the deliverables.
You retain full ownership of all Client Content provided to ZudoZu. You grant ZudoZu a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display the Client Content solely for the purpose of providing the Services.
While ZudoZu develops and implements digital marketing strategies for you, the underlying methodologies, proprietary algorithms, and non-client-specific creative concepts remain ZudoZu’s intellectual property. Client-specific ad copy, campaign data, performance reports, and unique creative assets developed solely for your campaigns will be your property upon full payment.
All pricing for Services will be clearly outlined in the specific SOW or proposal. Unless otherwise stated, all pricing is in Australian Dollars (AUD) and excludes Goods and Services Tax (GST). GST will be applied as required by Australian law.
Payment terms will be specified in the SOW or proposal. For development projects, a deposit is typically required upfront, with progress payments and a final payment due upon completion. Recurring services like hosting, maintenance, and digital marketing are generally billed in advance, typically monthly or annually.
Invoices will be issued by ZudoZu as per the agreed payment schedule.
ZudoZu reserves the right to charge a late payment fee or interest on overdue invoices at a rate of 2% per month (or the maximum allowed by law) for invoices outstanding beyond their due date. Services may be suspended or terminated for invoices that remain unpaid for more than 7 days past their due date. In the event of non-payment, ZudoZu may engage a debt collection agency, and all associated collection costs (including legal fees) will be borne by you.
Any changes to the agreed project scope after the SOW has been signed may incur additional fees. Such changes will require a written change order, detailing the revised scope and costs, approved by both parties.
ZudoZu wants you to be satisfied. If you decide to cancel your project within 15 calendar days of payment and before we’ve started any work, you’ll receive a full 100% refund.
If you request a refund after the 15-day period, or if any work has already been performed, we reserve the right to issue a partial refund. This will be calculated by deducting a 5% administration fee and the cost of all hours worked by our staff. Work includes, but is not limited to, research, meetings, consultations, documentation, layout design, hosting setup, domain name costs, and phone calls.
The Services may contain links to third-party websites or services that are not owned or controlled by ZudoZu. ZudoZu has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that ZudoZu shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
The Provider verifies that the service provided for the Client will be free from defects in functionality during the period of project implementation.
Rectification of programming errors, coding mistakes, or functionality issues directly attributable to the Provider’s development work that cause the website to not perform as per the agreed-upon specifications in the SOW.
Correction of significant discrepancies between the agreed-upon design mock-ups and the live website’s visual appearance and responsiveness across specified browsers/devices.
Ensuring the website functions correctly on specified mainstream web browsers (e.g., latest versions of Chrome, Firefox, Edge, Safari) and mobile operating systems (e.g., iOS, Android) as agreed in the SOW.
Addressing any critical security vulnerabilities inherent in the code developed by the Provider at the time of launch, provided such vulnerabilities are not a result of third-party plugins, hosting environment, or client actions.
Upon completion of website development, ZudoZu provides an initial bug-fix period. Ongoing website maintenance, security updates, software licensing, content updates, and feature enhancements are not included in the initial development cost and require a separate Website Maintenance Agreement.
Defects, errors or any bugs identified and reported within a period of 14 days commencing from the Client’s Final Acceptance or the project delivery date, the Provider will, at its sole discretion:
Fix the reported defect or error at no additional cost to the Client within a reasonable timeframe, depending on the severity and complexity of the issue.
Offer a temporary solution or workaround if a direct fix is not immediately feasible.
The Provider will communicate its estimated resolution time frame and provide updates as necessary.
Any work performed outside of the agreed-upon development scope or SOW will be billed at our standard hourly rates or as per a separate maintenance contract.
The Provider does not responsible for:
Issues arising from third-party plugins, themes, extensions, APIs, or software not developed or maintained by the Provider (e.g., Framework core updates, plugin updates, compatibility issues caused by third-party updates).
Defects, errors, or malfunctions caused by modifications, additions, or alterations to the website’s code, content, or structure made by the Client or any third party not authorised by the Provider.
Problems related to the Client’s hosting environment, server configuration, domain name issues, or external network problems outside the Provider’s control.
Errors, omissions, or inaccuracies in content provided by the Client.
Damage or malfunction resulting from the Client’s misuse, negligence, abuse, or improper operation of the website.
Issues arising from events beyond the reasonable control of the Provider, including but not limited to natural disasters, acts of war, terrorism, power outages, internet service disruptions, or cyberattacks not directly caused by the Provider’s negligence.
New features, functionality enhancements, or design changes requested by the Client after the initial project scope has been finalised and the website launched. These will be subject to a separate agreement or change order.
Issues arising from new browser versions, operating system updates, or device types released after the website launch date, which may affect the website’s display or operation. While the Provider aims for broad compatibility, continuous updates for every new iteration are typically part of a separate maintenance agreement.
Any loss or corruption of data not caused by a defect in the Provider’s code. Clients are responsible for regular data backups.
This is distinct from ongoing website maintenance. Ongoing security, software updates, content updates, and performance optimisation are not included and require a separate Website Maintenance Agreement.
The Client must:
Notify the Provider in writing (email preferred), or the project management platform(e.g. Jira, Asana, Monday, etc) that ZudoZu provided, describing the defect or issue in detail.
Provide clear steps to reproduce the issue, including screenshots, video recordings, or access credentials if necessary, to enable the Provider to diagnose and rectify the problem.
Cooperate fully with the Provider during the diagnosis and rectification process, including providing timely access to the website, hosting environment, and any relevant information.
The services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. ZudoZu does not make any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. without limiting the foregoing, ZudoZu does not warrant that the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our services or the server that makes them available are free of viruses or other harmful components, or that the services will otherwise meet your needs or expectations.
In no event shall ZudoZu, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the services, any websites linked to it, any content on the services or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
You agree to defend, indemnify, and hold harmless ZudoZu, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your user content, any use of the Services’ content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.
By providing ZudoZu with a nominated email address, you consent to receive communications from us regarding updates, modifications, or enhancements to the Website or Services offered in connection with the Website. You may withdraw this consent at any time by notifying us in writing.
We reserve the right to review, filter, and choose not to respond to any email communication that contains threatening, abusive, malicious, pornographic, obscene, defamatory, illegal, or otherwise inappropriate material. We may take any action we deem appropriate, in our sole discretion, in response to such material, including but not limited to reporting it to relevant authorities, without prior notice to the sender. Our obligation to respond to such emails is limited to what is required by law.
We will not disclose any personal information of any staff, employee, contractor, or worker of ZudoZu and/or its associates under any circumstances. While we endeavour to respond to all appropriate emails within a reasonable timeframe, we cannot and do not guarantee a response to every email. General emails will typically be stored for a period of six (6) months, after which they may be automatically deleted. Any email sent to an incorrect or unintended recipient within our organisation is liable to be deleted immediately upon identification.
Your privacy is very important to us. Our collection, use, and disclosure of personal information are governed by our separate Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding your personal information. By using our website and services, you consent to the data practices described in our Privacy Policy.
These Terms and Conditions are for the sole benefit of, and are enforceable only by, you and ZudoZu. No third party shall have any right to enforce any of these Terms, nor shall any third party be entitled to rely on any of these Terms or the services provided hereunder. You may not assign your user profile, account, or any of your rights or obligations under these Terms and Conditions to any other person or entity.
All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New South Wales, Australia, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the courts of the State of New South Wales, Australia.
ZudoZu may terminate or suspend your access to all or part of the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
These Terms and our Privacy Policy constitute the sole and entire agreement between you and ZudoZu regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
If you have any questions about these Terms, please contact us [email protected]
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