Terms & Conditions

1. Introduction and Acceptance

Welcome to Zest Web Solutions (“Zest”, “we”, “us”, or “our”). These Terms and Conditions (“Terms”) govern your use of our website located at zestwebsolutions.com (the “Website”) and constitute the general contractual framework governing the provision of all digital services, custom development, technical consulting, and white-label engineering services provided by Zest to direct clients and agency partners (collectively, “Clients”, “Agency Partners”, or “you”).

By accessing or using our Website, submitting an enquiry, accepting a quotation, executing a Statement of Work (“SOW”), or engaging Zest to perform any digital services, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company, agency, or other legal entity, you represent and warrant that you have the legal authority to bind that entity. If you do not agree to these Terms, you must immediately cease using the Website and refrain from engaging our services.

2. About Zest Web Solutions

Zest Web Solutions is an engineering-first digital technical agency and white-label development partner operating from Ahmedabad, Gujarat, India. Since 2012, Zest has specialized in delivering high-performance e-commerce architectures, custom web applications, technical SEO implementations, and dedicated development capacity for digital agencies and direct brands globally across Australia, the United Kingdom, the United Arab Emirates, South Africa, Singapore, and the United States.

3. Definitions

In these Terms, the following capitalized terms have the meanings set forth below:

• “Agreement”: Collectively refers to these Terms, any Proposal, Statement of Work (SOW), Non-Disclosure Agreement (NDA), service schedule, or written commercial order form entered into between Zest and the Client.
• “Client Materials”: All text, branding, graphics, logos, images, audio, video, product data, software, access credentials, API keys, or other assets provided by or on behalf of the Client to Zest for the performance of the Services.
• “Deliverables”: The specific software code, theme templates, configured integrations, technical audits, or documentation created and delivered by Zest to the Client under an agreed SOW, excluding Zest Pre-Existing Materials and Third-Party Materials.
• “Services”: The technical, development, SEO, consulting, maintenance, or white-label engineering services provided by Zest.
• “Statement of Work” or “SOW”: Any written scope document, proposal, estimate, milestone plan, or project brief agreed to by the parties describing the specific services, deliverables, pricing, and timelines.
• “Third-Party Platforms”: Independent software providers, platforms, tools, or hosting environments including Shopify, WordPress, WooCommerce, Google, Meta, hosting servers, CDNs, third-party apps, plugins, and APIs.
• “Zest Pre-Existing Materials”: All proprietary software, code snippets, internal frameworks, methodologies, templates, boilerplates, libraries, workflow automations, and know-how owned, developed, or licensed by Zest prior to or independently of the applicable engagement.

4. Website Use

You agree to use our Website solely for lawful business purposes and in accordance with these Terms. You shall not:

• Use any automated scraping tool, bot, spider, or data extraction mechanism to harvest data without our express written consent;
• Attempt to probe, scan, or test the vulnerability of the Website or circumvent any security or authentication measures;
• Introduce viruses, trojans, worms, logic bombs, or other malicious software;
• Transmit unsolicited commercial messages, spam, or promotional material through our contact forms;
• Use the Website in any manner that could disable, overburden, damage, or impair our infrastructure or interfere with any other party’s use of the Website.

5. Services

Zest provides professional technical and digital services across several core disciplines, including:

• Shopify and Shopify Plus custom theme development, Liquid refactoring, Checkout Extensibility, app integrations, and headless storefront architectures;
• WordPress and WooCommerce custom theme engineering, headless Decoupled WordPress backends, and Gutenberg block systems;
• Full-stack web application development (PHP, Laravel, Node.js, React, Next.js, REST and GraphQL APIs);
• Search Engine Optimization (SEO), technical SEO audits, Core Web Vitals optimization, entity schema graphing, and programmatic SEO;
• Website maintenance, performance monitoring, security patching, and technical support;
• White-label engineering capacity, dedicated developer bench models, and agency subcontracting partnerships.

Specific deliverables, milestones, specifications, and commercial rates for each project are documented in an individual Statement of Work or formal written proposal.

6. Proposals and Statements of Work

Written proposals, quotations, and estimates issued by Zest are valid for thirty (30) calendar days from the date of issuance unless explicitly stated otherwise in writing. A binding contract for specific services is formed only upon mutual written acceptance (electronic or physical) of a Proposal or SOW, or upon receipt by Zest of an initial deposit payment. In the event of a direct conflict between these general Terms and an executed SOW, the specific terms of the executed SOW shall prevail for that specific project.

7. Client Responsibilities

The successful and timely delivery of digital projects requires active collaboration. The Client agrees to:

• Provide clear, accurate, and comprehensive project specifications, design assets, and functional requirements;
• Designate a primary contact person with the authority to make technical and commercial decisions;
• Provide required content, media, copy, API keys, credentials, and third-party account accesses in a timely manner;
• Review deliverables, participate in milestone reviews, and provide clear written feedback or formal approvals within agreed timeframes (or within five (5) business days where no specific timeframe is defined);
• Ensure that all supplied content complies with applicable laws, advertising standards, and industry regulations;
• Maintain independent backup copies of all original source files, databases, content, and materials supplied to Zest.

8. Client Content and Materials

The Client warrants that all Client Materials supplied to Zest are owned by the Client or that the Client holds all necessary licenses, permissions, and rights to use and authorize Zest to use such materials. The Client retains sole responsibility for the legality, accuracy, quality, integrity, and intellectual property ownership of all Client Materials. Zest assumes no responsibility or liability for any infringement, defamation, obscenity, or legal non-compliance resulting from Client Materials.

9. Account Access and Credentials

Where the performance of Services requires access to Client accounts (including Shopify collaborator access, WordPress administrator logins, cPanel/hosting servers, domain registrars, DNS managers, Google Search Console, Google Analytics, GitHub/GitLab repositories, or payment gateways), the Client shall provide access via secure, role-restricted collaborator or secondary accounts wherever available. The Client remains responsible for managing its credentials, restricting permissions, revoking access upon project completion, and maintaining secondary administrative recovery safeguards.

10. Fees and Payment

Client agrees to pay all fees specified in the applicable Proposal, SOW, or invoice in accordance with the agreed payment schedule. Unless otherwise specified in writing:

• Fixed-scope projects require an advance deposit (typically 30% to 50%) prior to project commencement, with the remainder payable across agreed milestone stages or prior to final production deployment;
• Monthly retainer services and dedicated bench engagements are invoiced in advance of each billing cycle;
• Time-and-materials or hourly tasks are billed based on recorded hours and invoiced on a bi-weekly or monthly basis;
• All invoices are due within seven (7) to fourteen (14) calendar days of invoice date as specified on the invoice;
• Payments must be made via bank wire transfer, SWIFT/IBAN transfer, or designated payment gateway in the invoiced currency (USD, GBP, AUD, EUR, or INR as agreed).

Undisputed overdue balances may incur interest at the rate of 1.5% per month (or the maximum legal rate under applicable law, whichever is lower) calculated daily from the due date until paid in full.

11. Taxes

All quoted fees are exclusive of applicable taxes, duties, levies, and governmental charges. For domestic Indian transactions, Goods and Services Tax (GST) will be charged at the applicable statutory rate. For international Clients, services exported outside India may be treated as export of services subject to applicable statutory compliance under Indian GST laws. The Client is responsible for any local withholding taxes, customs, or bank transfer charges applicable in its jurisdiction.

12. Project Timelines and Delays

Estimated project schedules and milestone delivery dates are provided in good faith based on technical discovery and initial requirements. Timelines are contingent upon prompt receipt of Client Materials, timely feedback, milestone approvals, and third-party responsiveness. Delays caused by late approvals, substantial scope modifications, unresponsive Client representatives, or third-party outages will automatically extend delivery schedules by a reasonable equivalent period without penalty to Zest.

13. Approvals and Revisions

Unless otherwise agreed in an SOW, each fixed-scope milestone includes up to two (2) rounds of consolidated review and minor revisions within the agreed scope boundaries. The Client must provide clear, consolidated written feedback within five (5) business days of deliverable submission. If the Client fails to provide feedback or rejection within ten (10) business days following deliverable submission, the deliverable will be deemed approved and accepted.

14. Change Requests

Any requested modifications, new features, design iterations, or structural changes outside the agreed scope of an executed SOW constitute a “Change Request”. Zest will evaluate the requested changes and provide a written estimate detailing the additional cost, revised milestone schedule, and technical impact. Zest is not obligated to commence work on any out-of-scope items until the Client provides written approval of the Change Request.

15. Third-Party Platforms and Services

Our services frequently integrate with or operate on Third-Party Platforms, including Shopify, WordPress, WooCommerce, Google, Meta, hosting environments (such as AWS, Cloudflare, DigitalOcean, WP Engine, Kinsta), payment processors (Stripe, PayPal, Razorpay), third-party plugins, apps, and APIs.

16. Shopify, WordPress and Ecommerce Disclaimer

While Zest engineers themes, stores, and applications adhering to rigorous software standards and pre-flight QA protocols, ecommerce operations involve multiple dynamic factors beyond engineering control. Zest does not warrant that your online store will be uninterrupted, error-free, immune to third-party app incompatibilities, or continuously compliant with changing ecommerce regulations across foreign jurisdictions. The Client is solely responsible for verifying checkout functionality, tax calculations, shipping configurations, payment gateway compliance, refund policies, and legal disclaimers on its storefront.

17. SEO and Digital Marketing Disclaimer

Search Engine Optimization and digital marketing are dynamic fields governed by proprietary, constantly evolving third-party algorithms (including Google, Bing, Meta, and generative AI search systems).

• Zest strictly follows industry-recognized best practices, technical standards, Core Web Vitals optimization protocols, and structured schema graphing;
• Zest does not and cannot guarantee specific search engine keyword rankings, organic traffic volumes, conversion rates, AI citation placement, or commercial revenue;
• Search rankings and performance fluctuate based on factors outside Zest’s control, including search engine algorithm updates, competitor actions, domain history, client backlink profiles, server uptime, and external market conditions.

18. Performance and Results Disclaimer

Case studies, speed benchmarks (e.g., sub-800ms LCP), revenue figures, and performance metrics referenced on our Website or in marketing materials represent historical results achieved under specific technical conditions and configurations. They serve as illustrative examples of our technical capabilities and do not constitute a guarantee, warranty, or prediction of equivalent future performance for any specific Client engagement.

19. Intellectual Property

Intellectual property rights in connection with our services are allocated strictly as defined in Sections 20, 21, and 22 below.

20. Client-Owned Materials and Final Deliverables

Subject to full payment of all undisputed fees due under the applicable SOW, Zest transfers and assigns to the Client all right, title, and ownership in the bespoke, custom Deliverables specifically created for the Client under that SOW (such as unique website copy, bespoke theme styling, and custom business logic). Client Materials remain the exclusive intellectual property of the Client.

21. Zest-Owned Materials and Know-How

Notwithstanding Section 20, Zest retains sole and exclusive ownership of all right, title, and interest in and to all Zest Pre-Existing Materials, reusable code libraries, development frameworks, algorithmic tools, build scripts, deployment workflows, templates, architecture designs, and general software engineering know-how. To the extent any Zest Pre-Existing Materials are incorporated into Deliverables, Zest grants the Client a perpetual, non-exclusive, worldwide, royalty-free license to use, execute, and operate such materials solely as integrated into the final Deliverables for their intended purpose.

22. Third-Party and Open-Source Materials

Deliverables may incorporate or depend upon third-party libraries, open-source packages (e.g., under MIT, Apache, BSD, or GPL licenses), commercial plugins, or theme frameworks. Ownership of and rights in third-party and open-source materials remain governed by their respective licenses. The Client agrees to comply with the terms of all applicable third-party and open-source licenses.

23. Confidentiality

Each party (“Receiving Party”) agrees to hold in strict confidence all non-public technical, commercial, financial, or strategic information disclosed by the other party (“Disclosing Party”) marked as confidential or that reasonably should be understood to be confidential (“Confidential Information”). The Receiving Party shall not disclose Confidential Information to any third party except to its employees, subcontractors, and legal/financial advisers who need to know such information and are bound by confidentiality obligations at least as restrictive as those contained herein. Confidentiality obligations shall survive for a period of three (3) years from disclosure (or indefinitely for trade secrets).

24. White-Label Services and Agency Partnerships

Where Zest provides services under a white-label agency arrangement:

• Zest delivers technical work silently behind the scenes under the Agency Partner’s branding without public attribution unless expressly agreed in writing;
• Zest treats all end-client identities, project briefs, client data, and agency pricing structures as strictly confidential;
• Zest will not initiate direct commercial solicitation of the Agency Partner’s disclosed end-client during the active term of the engagement and for a reasonable period of twelve (12) months following project completion, provided such restriction is governed by the specific terms of an executed White-Label Agreement or NDA.

25. Security

Zest implements commercially reasonable technical, administrative, and organizational safeguards to protect code, repositories, and credentials in its custody. However, no software development, web hosting, or internet transmission is 100% secure. The Client is responsible for maintaining strong password hygiene, implementing multi-factor authentication (MFA), enforcing security policies on its own internal systems, and procuring independent security audits where required by its business profile.

26. Suspension of Services

Zest reserves the right, upon written notice, to suspend performance of services, withhold deliverable releases, or temporarily restrict account access if: (a) any undisputed invoice remains overdue for more than fourteen (14) calendar days; (b) the Client repeatedly fails to provide essential project feedback, stalling progress; or (c) the Client engages in unlawful, abusive, or fraudulent conduct. Zest shall not be liable for any project delay or damages resulting from a lawful suspension under this Section.

27. Termination

Either party may terminate an engagement or SOW:

• For Cause: Immediately upon written notice if the other party materially breaches these Terms or an SOW and fails to cure such breach within fifteen (15) calendar days of receiving written notice specifying the breach;
• For Insolvency: Immediately if the other party enters into liquidation, bankruptcy, or makes an assignment for the benefit of creditors;
• For Convenience: Upon thirty (30) calendar days’ prior written notice, subject to payment of all completed work and pro-rata uncancelable commitments.

28. Refunds and Cancellation

Because digital engineering, technical audits, consulting, and development bench capacity involve immediate allocation of senior engineering hours:

• Initial deposit payments and retainer fees are non-refundable once engineering discovery, architecture, or development work has commenced;
• In the event of early termination, the Client shall pay for all billable hours worked, completed milestones, and non-refundable third-party commitments incurred up to the effective termination date;
• Any unearned advance funds remaining after fully settling accrued billings and cancellation expenses will be refunded to the Client within thirty (30) calendar days.

29. Warranties Disclaimer

Except as expressly set forth in a written SOW, all services, deliverables, and the Website are provided on an “as is” and “as available” basis without warranties of any kind. To the maximum extent permitted by applicable law, Zest expressly disclaims all statutory, express, or implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment, system integration, and uninterrupted or error-free operation.

30. Limitation of Liability

To the maximum extent permitted by applicable law, the total aggregate liability of Zest Web Solutions, its founder, employees, technical contractors, and agents arising out of or related to these Terms, the Website, or any engagement, whether in contract, tort (including negligence), strict liability, indemnity, or otherwise, shall be strictly capped at and shall not exceed the total fees actually paid by the Client to Zest under the specific SOW giving rise to the claim during the three (3) months immediately preceding the event giving rise to liability.

Nothing in these Terms shall operate to exclude or limit liability that cannot legally be excluded under applicable Indian law, including liability for gross negligence, willful misconduct, or fraud.

31. Exclusion of Certain Damages

To the maximum extent permitted by applicable law, in no event shall Zest be liable to the Client or any third party for any indirect, consequential, incidental, punitive, special, exemplary, or remote damages whatsoever, including without limitation:

• Loss of profits, revenue, or commercial sales;
• Loss of business opportunities, contracts, or goodwill;
• Loss of anticipated savings or projected ROI;
• Loss, corruption, or compromise of data or system availability;
• Cost of substitute goods, services, or development capacity.

This exclusion applies regardless of whether Zest was advised of the possibility of such damages and regardless of whether the primary remedy fails of its essential purpose.

32. Indemnification

The Client agrees to defend, indemnify, and hold harmless Zest, its founder, officers, and technical team members from and against any third-party claims, damages, liabilities, losses, costs, and reasonable legal fees arising out of or relating to: (a) Client Materials violating any intellectual property, privacy, or statutory right; (b) Client’s breach of these Terms or applicable laws; (c) products, services, representations, or commercial transactions conducted through the Client’s website or storefront; or (d) Client’s unauthorized modification of Deliverables after handover.

33. Force Majeure

Neither party shall be held liable for failure or delay in performing its obligations (other than monetary payment obligations) due to events beyond its reasonable control, including acts of God, natural disasters, epidemics, pandemics, war, terrorism, civil unrest, government embargoes, changes in law, widespread power failure, major internet backbone disruption, telecommunications failures, cyberattacks, or denial-of-service events (“Force Majeure Event”). The affected party shall notify the other party promptly and use reasonable efforts to resume performance.

34. Website Availability and Modifications

Zest reserves the right to update, modify, suspend, or discontinue any aspect of our Website, content, tools, or resources at any time without prior notice. We do not guarantee continuous, uninterrupted access to the Website.

35. Third-Party Links

Our Website may contain hyperlinks to third-party websites, external articles, case studies, or developer documentation. Such links are provided solely for convenience and reference. Zest does not endorse, control, or assume responsibility for the content, privacy practices, or accuracy of external websites.

36. Electronic Communications

By using our Website or engaging our services, you consent to receive communications from us electronically via email, project management software (e.g., ClickUp, Jira, Trello, Asana), or communication platforms (Slack, Microsoft Teams, Google Chat). You agree that all electronic notices, disclosures, and agreements satisfy any legal requirement that such communications be in writing.

37. Notices

Formal legal notices under these Terms must be sent in writing by email with confirmed delivery receipt to the addresses specified in Section 47 (for Zest) and the primary administrative email designated in the applicable SOW (for the Client).

38. Assignment

The Client may not assign, transfer, or delegate any of its rights or obligations under these Terms without Zest’s prior written consent. Zest may assign its rights and obligations to an affiliate or in connection with a corporate reorganization, merger, acquisition, or sale of substantially all assets, upon written notice.

39. Severability

If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed or modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.

40. Waiver

No failure or delay by either party in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise of any right.

41. Entire Agreement

These Terms, together with any executed Proposal, Statement of Work, NDA, or written addenda, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous discussions, agreements, representations, and warranties, whether oral or written.

42. Amendments

Zest may update or revise these Terms from time to time by publishing the revised version on this page with an updated “Last Updated” date. Material changes affecting active contracted engagements will apply only upon written confirmation or upon renewal of applicable service terms. Your continued use of the Website following published revisions constitutes acceptance of the updated Terms.

43. Governing Law

These Terms, and all disputes, claims, or controversies arising out of or in connection with them or any engagement with Zest, shall be governed by and construed in accordance with the laws of the Republic of India, without giving effect to any principles of conflicts of law.

44. Dispute Resolution and Arbitration

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or any engagement with Zest, the parties shall first attempt in good faith to resolve the matter through informal executive consultations within thirty (30) calendar days of written notice.

If informal negotiations fail to resolve the dispute, the matter shall be referred to and finally resolved by binding arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (as amended from time to time). The arbitration shall be conducted by a single sole arbitrator mutually appointed by the parties. The seat and legal venue of arbitration shall be Ahmedabad, Gujarat, India. The language of arbitration shall be English. The arbitral award shall be final and binding on both parties, and judgment upon the award may be entered in any court having jurisdiction. Subject to the arbitration provisions herein, the competent courts in Ahmedabad, Gujarat, India shall have exclusive jurisdiction for interim relief or enforcement proceedings.

45. International Clients

Zest regularly serves clients across international territories including Australia, the United Kingdom, the United Arab Emirates, South Africa, Singapore, and the United States. International Clients acknowledge that services are performed remotely by our technical team based in India. Invoicing and dispute mechanisms operate in accordance with the governing law and arbitration provisions stated herein.

46. Survival

The provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Definitions, Fees and Payment (for accrued amounts), Taxes, Intellectual Property, Zest-Owned Materials, Confidentiality, Warranties Disclaimer, Limitation of Liability, Exclusion of Certain Damages, Indemnification, Governing Law, Dispute Resolution and Arbitration, and Survival.

47. Contact Information

If you have questions, notices, or inquiries regarding these Terms & Conditions, please contact us: