Terms of Service

Introduction

These Terms of Service (“Terms”) govern your use of our (ZappyPeople / thedata.network, LLC) websites at zappypeople.com and team.zappypeople.com (collectively, the “Sites”), as well as our services, including but not limited to “Quick Fix” services and other projects requiring proposals or scopes of work. By using our Sites or engaging our services, you agree to these Terms in full.

Website Terms of Service

1. Website Content

All content provided on our Sites is available free of charge and is for informational purposes only. You acknowledge that any reliance on such content is at your own risk.

2. Intellectual Property

All intellectual property rights in the content and services provided on the Sites remain the property of ZappyPeople. No rights are granted to users except as expressly stated in these Terms.

3. Disclaimer of Warranties

The Sites and all content are provided “as is” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

4. Limitation of Liability

ZappyPeople shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising in any way from the use of our Sites or content. In no event shall ZappyPeople’s aggregate liability exceed one hundred dollars (US $100.00).

5. Indemnification

You agree to indemnify and hold ZappyPeople harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or rights of a third party in connection with your use of the Sites.

6. Amendments

ZappyPeople reserves the right to amend these Terms at any time. Any changes will be communicated to users via the Sites. Your continued use of the Sites following the posting of changes will constitute your acceptance of such changes.

7. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the state of Florida, without giving effect to any principles of conflicts of law. Any dispute arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

8. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

9. Entire Agreement

These Terms constitute the entire agreement between you and ZappyPeople regarding the use of the Sites and supersede all prior agreements and understandings.

Service Terms of Service

10. Scope of Services

ZappyPeople offers both Quick Fix services and comprehensive projects requiring defined scopes or proposals. These Terms apply to all such services unless otherwise explicitly stated in a separate agreement.

11. Service Description (Quick Fix)

The “Quick Fix” service is a targeted unit of effort restricted to a maximum of three (3) hours of consulting time from our engineers, architects, and strategists.

12. Service Description (Scoped Projects)

Projects requiring a formal scope or proposal are structured as distinct engagements with deliverables, timelines, and associated fees defined in writing.

13. Scoping Conversations

Scoping conversations are included in both Quick Fix services and scoped projects. For Quick Fix, this is part of the three (3) hours. For scoped projects, scoping conversations do not count against deliverable work time unless specified.

14. Client Obligations

To enable us to perform our services effectively, you agree to:
a. Grant access to necessary systems and information.
b. Provide access to relevant personnel required to complete the agreed tasks.
c. Ensure that any client materials provided to ZappyPeople do not infringe any third-party intellectual property rights.

15. Intellectual Property

ZappyPeople retains all intellectual property rights in any materials, code, or deliverables provided as part of our services. The client retains all rights in any pre-existing client materials.

16. Confidentiality

ZappyPeople shall maintain the confidentiality of all client information accessed or received in the course of providing services and shall use such information solely for the purpose of performing the services. Confidentiality obligations shall survive termination of the service for a period of two (2) years.

17. Payment and Fees

For Quick Fix services, all fees must be agreed upon electronically or in writing prior to the commencement of work. For scoped projects, payment terms will be defined in the project agreement. Payments are due upon receipt unless otherwise agreed in writing. Late payments may be subject to interest charges.

18. Termination

Either party may terminate the service agreement with written notice. For Quick Fix services, payment is required for any work completed up to the point of termination. For scoped projects, termination terms will follow the provisions defined in the project agreement.

19. Limitation of Liability

ZappyPeople shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising in any way from the provision of our services. In no event shall ZappyPeople’s aggregate liability exceed the total fees paid by the client for the specific service.

20. Indemnification

Client agrees to indemnify and hold ZappyPeople harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Client’s breach of these Terms, or Client’s violation of any law or the rights of a third party in connection with the use of our services.

21. Force Majeure

Neither party shall be liable for any delay or failure in performance under these Terms (other than non-payment) due to events outside the defaulting party’s reasonable control, including acts of God, labor disputes, or other industrial disturbances.

22. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the state in which ZappyPeople operates, without giving effect to any principles of conflicts of law. Any dispute arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

23. Amendments

ZappyPeople reserves the right to amend these Terms at any time. Any changes will be communicated to the client in writing. Your continued use of our services following the notification of changes will constitute your acceptance of such changes.

24. Notice

All notices under these Terms must be in writing and addressed to the other party’s designated representative. Notices shall be deemed given when verified by written receipt if sent by courier or overnight delivery service; when acknowledged by recipient if sent by email; or three days after date of mailing if sent by certified or registered mail, return receipt requested, postage prepaid.

25. Severability

Contact Us
If you have any questions about these Terms, please contact us at [email protected]

Effective Date: 05/30/2024