Terms and Conditions
ZenDev LLC Last Updated: May 13, 2026 Effective Date: May 13, 2026
1) Introduction
These Terms and Conditions (“Terms”) govern the relationship between ZenDev LLC (“ZenDev,” “we,” “us,” or “our”), a non-resident disregarded LLC registered in the State of New Mexico, United States, and any individual or business entity (“Client,” “you,” or “your”) that engages our web development services or visits our website.
By accessing our website, submitting an inquiry, signing a project proposal, or making a payment, you agree to be bound by these Terms. If you do not agree, please do not use our services.
2) Definitions
- “Services” — All web development, design, WordPress configuration, maintenance, consultation, and related services provided by ZenDev.
- “Project” — A specific, agreed-upon scope of work outlined in a Proposal or Statement of Work (SOW).
- “Proposal” — A written document sent by ZenDev outlining the scope, timeline, deliverables, and pricing for a Project.
- “Deliverables” — The final work products produced and handed over to the Client upon project completion.
- “Third-Party Services” — External tools, platforms, plugins, themes, hosting providers, or software not owned by ZenDev.
3) Services
- Scope of Work
All services are defined in a written Proposal or Statement of Work (SOW) agreed upon by both parties prior to commencement. Any work requested outside the agreed scope will be treated as a change request and may result in additional charges and timeline adjustments.
- WordPress Development
ZenDev specializes primarily in WordPress-based websites. Unless otherwise agreed in writing, websites are built on the WordPress platform using industry-standard themes, plugins, and development practices.
- Change Requests
Any additions, modifications, or expansions to the original project scope must be submitted in writing and approved by ZenDev. Change requests will be assessed for cost and timeline impact before proceeding. ZenDev reserves the right to decline change requests that significantly alter the project scope.
- Project Timeline
Estimated timelines are provided in good faith and are dependent on timely Client feedback, content delivery, and approval at each project milestone. ZenDev is not liable for delays caused by late Client responses, incomplete content, or factors outside our control.
4) Client Responsibilities
To ensure timely and successful project completion, the Client agrees to:
- Provide all required content (text, images, logos, branding assets) within agreed-upon deadlines
- Respond to questions, review requests, and approval requests within 7 business days unless otherwise agreed
- Provide accurate and complete information necessary for the project
- Designate a single point of contact for communication and decision-making
- Ensure they have the rights and permissions to use all content and materials provided to ZenDev
- Maintain current hosting, domain registration, and any third-party subscriptions required for the project
Failure to meet these responsibilities may result in project delays, suspension, or additional fees, for which ZenDev shall not be held liable.
5) Payment Terms
- Pricing
All prices are quoted in US Dollars (USD) and outlined in the Proposal. Prices are fixed for the agreed scope of work. ZenDev reserves the right to revise pricing for future projects or retainer renewals with reasonable notice.
- Payment Schedule
Unless otherwise stated in the Proposal, the standard payment schedule is:
- 50% deposit — due before work begins
- 50% final payment — due upon project completion, before final files and access credentials are delivered
For larger projects, a milestone-based payment schedule may be agreed upon in writing.
- Late Payments
Invoices are due within 14 days of the invoice date unless otherwise agreed. Overdue invoices may incur a late fee of 1.5% per month on the outstanding balance. ZenDev reserves the right to pause or terminate services on accounts with outstanding balances exceeding 30 days.
- Refunds
The initial deposit is non-refundable once work has commenced. If a project is cancelled by the Client after work has begun, the Client is responsible for payment of all work completed up to the cancellation date. If ZenDev cancels a project without cause, any unearned deposit amounts will be refunded.
- Taxes
ZenDev is a disregarded LLC for US federal tax purposes. Clients are responsible for determining and remitting any applicable taxes (such as sales tax or VAT) in their own jurisdiction. ZenDev will issue invoices but does not collect sales tax unless required by applicable law.
6) Intellectual Property
- Ownership of Deliverables
Upon receipt of full payment, ZenDev transfers to the Client all rights, title, and interest in the custom-developed Deliverables specific to the Client’s project, including custom code, designs, and graphic assets created exclusively for the Client.
- Third-Party Assets
Deliverables may include third-party components such as WordPress themes, plugins, stock images, fonts, or frameworks. These are subject to their own respective licenses, and ownership or unlimited use rights cannot be transferred by ZenDev. The Client is responsible for ensuring their continued use of such assets complies with applicable licenses.
- ZenDev’s Rights
ZenDev retains the right to:
- Use the completed project in its portfolio, case studies, and marketing materials, unless the Client requests confidentiality in writing
- Retain and reuse non-exclusive, generic code components, frameworks, and development techniques used across multiple projects
- Client-Provided Content
The Client warrants that all content, images, logos, and materials provided to ZenDev are owned by the Client or that the Client has the legal right to use them. The Client agrees to indemnify ZenDev against any claims arising from unauthorized use of third-party intellectual property.
7) Confidentiality
Both parties agree to keep confidential any proprietary information shared during the project engagement, including but not limited to business strategies, technical specifications, login credentials, and financial data. This obligation survives the termination of these Terms for a period of 3 years.
ZenDev will never share, sell, or disclose your confidential business information to any third party without your written consent.
8) Third-Party Services
- Hosting, Domains, and Plugins
ZenDev may recommend or set up third-party services including hosting providers, domain registrars, WordPress plugins, themes, and other tools. The Client acknowledges that:
- These services are governed by their own terms and privacy policies
- ZenDev is not responsible for the performance, uptime, data handling, or policy changes of third-party providers
- Subscription and renewal costs for third-party services are the Client’s responsibility unless explicitly included in a maintenance retainer
- No Endorsement
Recommendations of third-party services are based on professional experience and are not endorsements. ZenDev does not receive commissions or referral fees unless disclosed.
9) Website Maintenance and Support
- Post-Launch Support
Unless a maintenance retainer is agreed upon in writing, ZenDev does not provide ongoing support, updates, or maintenance after project delivery. A limited complimentary bug-fix period of 30 days post-launch may be offered as specified in the Proposal, covering issues directly attributable to ZenDev’s work.
- Maintenance Retainers
Ongoing maintenance, security updates, content updates, and technical support are available under a separate monthly retainer agreement. Retainer terms, scope, and pricing will be detailed in a separate agreement.
- Hosting Management
If ZenDev manages hosting on the Client’s behalf, the Client remains the account owner and is responsible for hosting fees. ZenDev does not access, collect, or retain any end-user data from the Client’s website.
10) Warranties and Disclaimers
- ZenDev’s Warranty
ZenDev warrants that:
- Services will be performed in a professional and workmanlike manner
- Deliverables will function as described in the agreed Proposal at the time of delivery
- We will use commercially reasonable efforts to ensure security best practices during development
- Disclaimer
EXCEPT AS EXPRESSLY STATED ABOVE, ZENDEV PROVIDES SERVICES AND DELIVERABLES “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR UNINTERRUPTED OPERATION.
ZenDev does not warrant that:
- The website will be free from all bugs, errors, or interruptions after handover
- Search engine rankings will improve as a result of the project
- Third-party plugins, themes, or services will remain compatible with future WordPress updates
- The website will be immune to security vulnerabilities introduced after delivery
11) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZENDEV’S TOTAL LIABILITY TO THE CLIENT FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT TO ZENDEV IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
IN NO EVENT SHALL ZENDEV BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12) Indemnification
The Client agrees to defend, indemnify, and hold harmless ZenDev, its owner(s), contractors, and agents from and against any claims, damages, losses, and expenses (including reasonable attorney’s fees) arising out of or related to:
- Content or materials provided by the Client
- The Client’s violation of these Terms
- The Client’s infringement of any third-party intellectual property rights
- The Client’s failure to comply with applicable laws governing their website or business
13) Termination
- Termination by Client
The Client may terminate a project at any time by providing written notice. The Client remains responsible for payment of all work completed up to the termination date.
- Termination by ZenDev
ZenDev reserves the right to terminate services with written notice if:
- The Client fails to make payment within 30 days of the due date
- The Client engages in abusive, threatening, or unlawful behavior
- The Client requests work that violates applicable laws or these Terms
Upon ZenDev-initiated termination without cause, any unearned fees will be refunded pro-rata.
- Effect of Termination
Upon termination, ZenDev will provide the Client with all completed work to date. Access credentials and assets will be transferred upon settlement of any outstanding balance.
14) Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, United States, without regard to conflict of law principles.
In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation. If unresolved within 90 days, disputes shall be submitted to binding arbitration in New Mexico under the rules of the American Arbitration Association (AAA), unless both parties agree otherwise in writing.
Nothing in this section prevents either party from seeking injunctive relief in a court of competent jurisdiction for the protection of intellectual property or confidential information.
15) Force Majeure
ZenDev shall not be held liable for delays or failure to perform due to circumstances beyond our reasonable control, including but not limited to natural disasters, internet or infrastructure outages, government actions, pandemics, or third-party service failures.
16) Entire Agreement
These Terms, together with any signed Proposal or Statement of Work, constitute the entire agreement between ZenDev and the Client with respect to the subject matter herein and supersede all prior discussions, representations, or agreements, whether written or oral.
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
17) Amendments
ZenDev reserves the right to update these Terms at any time. Material changes will be communicated via email or website notice. Continued use of our services after the effective date of any changes constitutes acceptance of the revised Terms. Changes do not affect projects already in progress under a signed Proposal unless agreed by both parties in writing.
18) Contact
For questions or concerns regarding these Terms, please contact us:
ZenDev LLC New Mexico, United States
📧 Email: info@zendev.one
🌐 Website: https://zendev.one
These Terms and Conditions were last reviewed and updated on May 13, 2026.