Legal

Terms of Service

Effective date: January 1, 2025  ·  Last updated: January 1, 2025

These Terms of Service (the “Terms”) govern your access to and use of the website www.zakkourtechnologygroup.com (the “Site”) and any custom software development, mobile and web application development, technology consulting, design, maintenance, hosting, or related services (collectively, the “Services”) offered by Zakkour Technology Group (“ZTG”, “we”, “us”, or “our”), a software development company located at 1221 BRICKELL AVE
SUITE 900
MIAMI, FL 33131

By accessing the Site, requesting a quote, or engaging us for any Service, you (“you” or “Client”) agree to be bound by these Terms. If you do not agree, do not use the Site or our Services.

1. Eligibility

You must be at least 18 years of age and legally capable of entering into a binding contract under the laws of your jurisdiction to use the Site or engage our Services. If you are using the Services on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.

2. Services & Scope

ZTG provides custom software development, web and mobile application development, UI/UX design, system architecture, API and integration work, DevOps and cloud deployment, maintenance, and related consulting services. The specific scope, deliverables, timeline, milestones, and acceptance criteria for any engagement will be defined in a separate written proposal, Statement of Work (“SOW”), or Master Services Agreement (“MSA”) signed by both parties.

In the event of any conflict between these Terms and a signed SOW or MSA, the signed SOW or MSA shall prevail with respect to that engagement.

3. Quotes, Proposals & Engagement

  • Quotes and proposals are valid for thirty (30) days unless stated otherwise.
  • Work begins only after a signed SOW (or written equivalent) and any required deposit is received.
  • Any work outside the agreed scope is treated as a change request and may require additional fees and time.

4. Fees, Payment & Taxes

Fees are stated in U.S. dollars and are exclusive of applicable taxes. Unless otherwise agreed in writing:

  • Invoices are payable within fifteen (15) days of issue.
  • Late payments accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.
  • ZTG may suspend Services for accounts more than thirty (30) days past due.
  • All fees paid are non-refundable except where expressly stated in the applicable SOW.

5. Client Responsibilities

To allow us to deliver effectively, you agree to:

  • Provide timely, complete, and accurate information, content, access, and feedback.
  • Designate a primary point of contact authorized to make decisions on your behalf.
  • Ensure you have all rights and licenses for any content, code, or materials you provide to us.
  • Maintain backups of your own data and securely manage your credentials.

6. Intellectual Property

6.1 Pre-existing IP

Each party retains all rights to its pre-existing intellectual property, including ZTG’s frameworks, libraries, tools, methodologies, code snippets, and know-how (“ZTG Tools”) existing prior to, or developed independently from, an engagement.

6.2 Deliverables

Subject to full payment of all applicable fees, ZTG grants you a perpetual, worldwide, non-exclusive license to use the final deliverables specified in the SOW for your internal business purposes, unless the SOW expressly assigns ownership.

6.3 ZTG Tools License

To the extent ZTG Tools are embedded in deliverables, ZTG grants you a non-exclusive, non-transferable license to use them solely as integrated into those deliverables.

6.4 Portfolio Use

Unless you instruct us otherwise in writing, ZTG may reference your name, logo, and a general description of the project in its portfolio, case studies, and marketing materials.

7. Third-Party Software

Deliverables may include or rely on third-party software, libraries, APIs, hosting providers, or open-source components. Your use of such components is subject to their respective license terms. ZTG makes no warranty regarding third-party components and is not responsible for their availability, performance, or changes.

8. Confidentiality

Each party agrees to protect the other party’s non-public information disclosed in connection with the Services with at least the same degree of care it uses to protect its own confidential information, and in no event less than reasonable care. Confidentiality obligations survive termination for three (3) years, and indefinitely for trade secrets.

9. Acceptable Use of the Site

You agree not to:

  • Attempt to gain unauthorized access to the Site, our systems, or any related infrastructure.
  • Use the Site to transmit malware, spam, or unlawful content.
  • Reverse engineer, scrape, or interfere with the Site beyond normal browser use.
  • Use the Site or Services in violation of any applicable law or regulation.

10. Warranties & Disclaimers

ZTG warrants that the Services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards. EXCEPT FOR THE FOREGOING, THE SITE, SERVICES, AND ALL DELIVERABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ZTG BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZTG’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO ZTG FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

12. Indemnification

You agree to defend, indemnify, and hold harmless ZTG and its officers, employees, and contractors from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of (a) content, materials, or instructions you provide; (b) your use of the deliverables in violation of these Terms or applicable law; or (c) your breach of these Terms.

13. Term & Termination

These Terms remain in effect while you use the Site or any Service. Either party may terminate an SOW for material breach if not cured within fifteen (15) days of written notice. Upon termination, you agree to pay for all work performed and expenses incurred through the termination date. Sections that by their nature should survive termination (including IP, confidentiality, disclaimers, and limitation of liability) will survive.

14. Governing Law & Disputes

These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms shall be resolved exclusively in the state or federal courts located in Miami-Dade County, Florida, and the parties consent to personal jurisdiction and venue there.

15. Changes to these Terms

We may update these Terms from time to time. The “Last updated” date at the top of this page reflects the latest revision. Continued use of the Site or Services after changes become effective constitutes acceptance of the revised Terms.

16. Contact

Zakkour Technology Group
1221 BRICKELL AVE
SUITE 900
MIAMI, FL 33131
Phone: +1 (970) 576-5490
Email: [email protected]