Overview
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client", "you", or "your") and ZANISS SOFTWARES ("Company", "we", "us", or "our"), a custom software development company operating at zanisssoftwares.com.
These Terms govern your access to our website, your inquiries, and any project engagement or service agreement you enter into with us. They apply to all visitors, prospective clients, and active clients.
Eligibility
To engage our services, you must meet the following requirements:
- You must be at least 18 years of age or the age of majority in your jurisdiction.
- You must have the legal capacity to enter into a binding contract.
- If engaging on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.
- You must not be prohibited from receiving our services under applicable law.
Scope of Services
ZANISS SOFTWARES specializes in end-to-end custom software development tailored to the unique needs of each client. Our services include, but are not limited to:
- Custom web application development (front-end, back-end, and full-stack)
- Mobile application development (Android, iOS, and cross-platform)
- Enterprise software solutions and business process automation
- API design, development, and third-party integrations
- UI/UX design and prototyping
- Software consulting, technical advisory, and solution architecture
- Code review, performance optimization, and legacy system modernization
- Post-delivery support, maintenance, and enhancements
Project Engagement
Every client engagement at ZANISS SOFTWARES follows a structured process to ensure clarity, quality, and mutual accountability:
- Discovery & Requirements: We begin with a detailed discussion to understand your business goals, technical requirements, and project expectations before any work commences.
- Proposal & Agreement: A written proposal or SOW outlining scope, deliverables, timeline, and cost will be shared. Work begins only after the client's written approval.
- Change Requests: Any modification to the agreed scope — including new features, design changes, or revised timelines — must be submitted in writing. Changes may affect cost and delivery schedule and will be documented via a Change Request (CR) form.
- Client Responsibilities: Timely delivery of required inputs, feedback, credentials, content, and approvals from the client is essential. Delays on the client's part may impact agreed timelines without constituting a breach by ZANISS SOFTWARES.
- Milestones & Reviews: Projects are divided into milestones. Client sign-off is required at each milestone before proceeding to the next phase.
- Delivery & Acceptance: Upon completion, deliverables will be shared for client review. The client has an agreed review period to raise concerns. Silence after the review period is considered acceptance.
Intellectual Property
Intellectual property rights in all work delivered by ZANISS SOFTWARES are handled as follows:
- Client-Owned Deliverables: Upon receipt of full payment, all custom-developed code, designs, and content created specifically for the client are assigned to the client, unless otherwise stated in the SOW.
- ZANISS SOFTWARES IP: We retain full ownership of our proprietary frameworks, tools, libraries, and methodologies used during development. A non-exclusive, perpetual license to use such components within the delivered project is granted to the client.
- Open-Source Components: Where open-source libraries or frameworks are incorporated, they remain subject to their respective licenses. We will disclose the use of significant open-source dependencies.
- Portfolio Rights: Unless you request otherwise in writing, we reserve the right to reference your project in our portfolio, case studies, and marketing materials — without disclosing confidential information.
Confidentiality
Both parties recognize that during the course of a project, confidential information — including business strategies, technical specifications, source code, data, and financial information — may be exchanged.
- Each party agrees to keep the other's confidential information strictly private and not disclose it to third parties without prior written consent.
- Confidential information shall be used solely for the purpose of fulfilling the project engagement.
- These obligations do not apply to information that is publicly known, independently developed, or disclosed under a legal obligation.
- A formal Non-Disclosure Agreement (NDA) can be executed upon request before the project discovery phase begins.
Prohibited Conduct
Clients and website visitors must not engage in the following activities:
- Using our website or services for any unlawful, harmful, or fraudulent purpose
- Requesting development of software intended for illegal activities, unauthorized surveillance, data theft, or malicious use
- Misrepresenting your identity, authority, or the intended purpose of a project
- Attempting unauthorized access to our internal systems, tools, or any client data
- Reverse-engineering, copying, or reselling any proprietary tools or internal systems belonging to ZANISS SOFTWARES
- Scraping or data-mining our website without written authorization
- Making defamatory, abusive, or harassing communications toward our team
Payment Terms
All financial terms specific to a project are detailed in the Project Proposal or SOW. The following general conditions apply to all engagements:
- Project Initiation: An advance deposit (typically 30–50% of the total project cost) is required before work begins. The exact amount is specified in the proposal.
- Milestone Payments: Remaining payments are tied to project milestones as defined in the SOW. Each milestone payment is due before proceeding to the next phase.
- Final Payment: The remaining balance is due upon project completion and prior to final delivery or deployment.
- Invoices: Invoices are issued upon reaching each milestone and are payable within 7 business days of issuance, unless otherwise agreed in writing.
- Late Payments: Delayed payments may result in a pause in development. ZANISS SOFTWARES reserves the right to apply a late fee of 1.5% per month on overdue amounts.
- Currency & Taxes: Prices are quoted in INR or USD as agreed. Clients are responsible for applicable taxes including GST where applicable.
Warranty & Post-Delivery Support
We stand behind the quality of our work. The following warranty and support terms apply after project delivery:
- Bug Fix Warranty: We provide a 30-day free bug fix period after final delivery. During this period, we will resolve defects arising from our development work at no additional charge.
- Scope of Warranty: The warranty covers bugs and errors in the delivered codebase only. It does not cover issues arising from client-side modifications, third-party service failures, hosting environment changes, or new feature requests.
- Post-Warranty Support: After the 30-day period, ongoing support, maintenance, and enhancements are available under a separate Annual Maintenance Contract (AMC) or on a paid time-and-materials basis.
- Hosting & Deployment: Unless explicitly included in the SOW, ZANISS SOFTWARES does not provide hosting services. We will assist with deployment, but the client is responsible for their hosting environment and credentials.
Disclaimer of Warranties
Our website and general informational content are provided on an "as is" basis. While we make every effort to ensure the accuracy of information published on zanisssoftwares.com, we make no representations or warranties regarding:
- The completeness, accuracy, or fitness for purpose of information on our website
- Uninterrupted or error-free availability of our website
- The suitability of our general service descriptions for any specific business need
Project-specific warranties are governed exclusively by the relevant SOW and Section 08 of these Terms.
Limitation of Liability
To the maximum extent permitted by applicable law, ZANISS SOFTWARES shall not be liable for any:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, business opportunities, or goodwill
- Damages arising from a client's misuse or unauthorized modification of delivered software
- Business losses resulting from delays caused by client-side factors or third-party dependencies
- Damages arising from force majeure events including natural disasters, government actions, or internet outages
Indemnification
You agree to defend, indemnify, and hold harmless ZANISS SOFTWARES, its team members, and affiliates from and against any claims, losses, damages, or expenses (including reasonable legal fees) arising out of or related to:
- Your breach of these Terms or any SOW
- Your misuse of software delivered by us
- Content, data, or materials you provided that infringe third-party intellectual property or other rights
- Your violation of any applicable law in connection with the software we built on your behalf
- Claims by your end users arising from the software we developed for you
Termination
Either party may terminate a project engagement under the following conditions:
- Termination by Client: You may terminate a project at any point by providing written notice. You will be invoiced for all work completed up to the date of termination. The advance deposit is non-refundable.
- Termination by ZANISS SOFTWARES: We reserve the right to terminate an engagement if the client breaches these Terms, fails to make payments, or engages in prohibited conduct. Written notice will be provided and all completed work delivered upon clearance of outstanding payments.
- Mutual Termination: Both parties may agree to terminate a project by mutual written consent, with settlement terms agreed at that time.
Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law provisions.
- Informal Resolution: Both parties agree to first attempt to resolve any dispute amicably by raising concerns in writing to info@zanisssoftwares.com. We will endeavour to respond within 30 days.
- Arbitration: If informal resolution fails, disputes shall be referred to binding arbitration under the Arbitration and Conciliation Act, 1996 (India), with the seat of arbitration in India.
- Jurisdiction: For matters not subject to arbitration, both parties submit to the exclusive jurisdiction of competent courts in India.
Changes to These Terms
We reserve the right to update or revise these Terms at any time. When changes are made, we will update the "Last Updated" date at the top of this page and publish the revised Terms on our website.
We encourage clients and visitors to review these Terms periodically. Continued engagement with our services after revised Terms are posted constitutes your acceptance of those changes.
Contact Us
If you have questions about these Terms, wish to discuss a project, or need legal clarification, please reach out to us:
ZANISS SOFTWARES — Legal & Business Team
We aim to respond to all enquiries within 2 business days.
