Terms and Conditions

1. Agreement to Terms

These Terms and Conditions (“Terms”) govern your use of services provided by Modern Digital Labs (“MDL”, “we”, “our”, or “us”).

By visiting our website, clicking a WhatsApp contact link, initiating a service request through WhatsApp, requesting a quotation, sending project information, making payment, or using our services, you agree to be bound by these Terms.

If you do not agree with these Terms, you should not request or use our services.

2. Our Services

MDL provides digital services including, but not limited to:

• Website development
• Application development
• Domain registration assistance
• Hosting acquisition and setup
• Server configuration
• Technical consulting
• Website maintenance
• Digital project support
• Related technology services

Most communication, ordering, project discussion, file sharing, quotation approval, and service fulfilment takes place through WhatsApp Business chat threads.

3. WhatsApp-Based Service Requests

You agree that messages sent through our official WhatsApp Business channel may be used to confirm:

• Service requests
• Project scope
• Pricing
• Delivery timelines
• Technical requirements
• Change requests
• Approvals
• Handover instructions
• Support requests

A service request made through WhatsApp may be treated as a valid instruction from you, especially where it is followed by payment, file submission, or project approval.

You are responsible for ensuring that the information you send through WhatsApp is accurate, complete, and authorised.

4. Quotations, Pricing, and Payment

Prices may be provided through WhatsApp, invoices, proposals, or written messages.

Unless otherwise stated:

• Prices are valid only for the period stated in the quotation
• Work begins after the required deposit or full payment is received
• Third-party costs may change without notice
• Domain, hosting, software, plugin, API, app store, or licensing fees are separate from our service fees unless clearly included
• Payments are non-refundable once work has started, except where required by law or expressly agreed in writing

Payment methods may include bank transfer, external billing links, mobile money, or other instructions sent through official business channels.

5. Domain Registration Services

When you request domain registration, you are responsible for providing accurate and complete registration information.

This may include:

• Full legal name
• Physical address
• Email address
• Phone number
• Organisation details
• Administrative contact details
• Technical contact details

You understand and agree that domain registration depends on third-party registrars, registry operators, domain availability, verification processes, and payment confirmation.

MDL is not liable for:

• Domain registration failure caused by incorrect information
• Loss of a domain due to late payment
• Domain drops caused by missed renewals
• Registry delays
• Registrar system errors
• Domain suspension due to policy violations
• Disputes over domain ownership
• Changes in registry or registrar rules

A domain is not guaranteed until it has been successfully registered and confirmed by the relevant registrar or registry.

6. Hosting Services

When we assist with hosting acquisition, setup, or configuration, we may act as an intermediary between you and an upstream hosting provider.

You agree to comply with the hosting provider’s Acceptable Use Policy, terms of service, payment rules, security rules, and content restrictions.

MDL is not liable for:

• Server downtime caused by third-party hosting providers
• Hosting suspension caused by your content or conduct
• Data loss in third-party hosting environments
• Provider outages
• Provider pricing changes
• Email deliverability issues caused by third-party infrastructure
• Security breaches caused by weak passwords, outdated software, or client-side negligence

You are responsible for maintaining backups unless a separate written backup service agreement exists.

7. Application and Website Development

For development projects, the project scope will be based on the agreed messages, quotation, proposal, feature list, or written specification shared through WhatsApp or another official communication channel.

A development project may include milestones such as:

• Initial consultation
• Requirements gathering
• Design approval
• Prototype or layout review
• Development
• Testing
• Revisions
• Deployment
• Final handover

Timelines are estimates unless clearly stated as fixed deadlines in writing.

Delays may occur where you delay providing content, files, feedback, payment, access credentials, approvals, or technical information.

8. Project Scope and Change Requests

The agreed project scope includes only the features, pages, functions, designs, integrations, and deliverables specifically confirmed in writing.

Any request outside the agreed scope may be treated as a change request.

Change requests may affect:

• Price
• Timeline
• Project complexity
• Delivery date
• Maintenance requirements
• Hosting requirements

We may evaluate change requests through WhatsApp chat. Work on a change request begins only once pricing, scope, and timing are accepted.

9. Client Responsibilities

You agree to:

• Provide accurate information
• Respond to reasonable requests for feedback
• Provide required files, images, text, content, and credentials on time
• Ensure you have rights to any content you provide
• Avoid sending unlawful, harmful, or infringing material
• Review work and report issues promptly
• Make payments on time
• Secure any credentials handed over to you
• Change passwords after project completion where necessary
• Maintain backups unless MDL is separately contracted to do so

You are responsible for any loss or damage caused by inaccurate information, delayed feedback, unauthorised content, or insecure handling of credentials.

10. Administrative Credentials and Account Access

For hosting, domain, server, website, or application setup, we may provide you with administrative credentials, login details, API keys, or account access through WhatsApp or another agreed channel.

Once credentials are handed over to you, you are responsible for protecting them.

You should:

• Store credentials securely
• Avoid sharing credentials with unauthorised persons
• Change temporary passwords
• Enable two-factor authentication where available
• Revoke access that is no longer needed
• Notify us immediately if credentials are compromised

MDL is not liable for losses caused by your failure to secure credentials after handover.

11. Intellectual Property

Unless otherwise agreed in writing, all code, designs, layouts, graphics, documentation, project files, and application work created by MDL remain the property of MDL until full and final payment has been received.

After full payment is cleared, ownership of the final agreed deliverables transfers to the client, excluding:

• Third-party libraries
• Open-source software
• Frameworks
• Plugins
• Stock assets
• Fonts
• APIs
• Hosting provider systems
• Domain registrar systems
• Pre-existing MDL tools, templates, methods, or reusable components

MDL may retain the right to reuse general knowledge, techniques, non-client-specific code patterns, and development methods gained during the project.

You may not claim ownership of unpaid work, drafts, rejected concepts, or internal development tools.

12. Third-Party Tools, Libraries, and Services

Projects may rely on third-party tools, libraries, APIs, plugins, hosting platforms, payment providers, analytics tools, app stores, or external systems.

You understand that third-party services are governed by their own terms, pricing, availability, policies, and technical limits.

MDL is not responsible for:

• Third-party service outages
• API changes
• Pricing changes
• Plugin failures
• App store policy changes
• External account suspension
• Third-party security incidents
• Discontinued third-party services

13. App Store and Platform Approval

Where we develop applications intended for platforms such as Google Play, Apple App Store, or other distribution channels, approval is not guaranteed.

MDL is not liable for app store rejection, review delays, account suspension, policy changes, or distribution restrictions imposed by third-party platforms.

We may assist with corrections or resubmissions where agreed, but additional work may attract additional fees.

14. Confidentiality

Both parties agree to treat confidential project information with reasonable care.

Confidential information may include:

• Business ideas
• Technical specifications
• Source code
• Credentials
• Designs
• Client data
• Internal business processes
• Non-public project information

We will not intentionally disclose your confidential information to unrelated third parties unless required for service delivery, authorised by you, or required by law.

15. Acceptable Use

You must not use our services for:

• Illegal activity
• Fraud
• Spam
• Malware
• Phishing
• Copyright infringement
• Harassment
• Hate speech
• Unauthorised data collection
• Hosting harmful or unlawful content
• Any activity that violates hosting provider, registrar, platform, or legal rules

We may refuse, suspend, or terminate services where we reasonably believe these Terms have been breached.

16. Suspension and Termination

We may suspend, halt, or terminate services if:

• Payment is overdue
• You breach these Terms
• You provide false or misleading information
• You engage in abusive, threatening, or inappropriate chat behaviour
• You request unlawful work
• You misuse hosting or domain services
• You fail to provide required information
• Continued service creates legal, security, financial, or reputational risk

For development projects, we may pause work until outstanding payments, approvals, content, or required access details are provided.

17. Refunds

Refunds are not automatically available once work has started, a domain has been registered, hosting has been purchased, third-party costs have been paid, or development time has been spent.

Non-refundable items may include:

• Domain registration fees
• Hosting fees
• Third-party software fees
• Plugin or API costs
• Completed work
• Work already in progress
• Custom design or development labour

Any refund decision will depend on the circumstances, work completed, third-party costs incurred, and applicable law.

18. Limitation of Liability

To the maximum extent permitted by law, MDL’s total liability for any claim, dispute, loss, or damage shall be limited to the exact amount paid by the customer for the specific service giving rise to the dispute.

MDL is not liable for:

• Loss of profits
• Loss of business
• Loss of data
• Loss of domain names due to late payment or inaccurate information
• Server downtime
• Hosting provider failure
• App store rejection
• Third-party platform restrictions
• Security incidents caused by client negligence
• Indirect, incidental, special, or consequential damages

You agree that digital services involve third-party systems, internet infrastructure, hosting environments, registrars, software dependencies, and external platforms that are not fully controlled by MDL.

19. No Guarantee of Results

We aim to provide professional digital services, but we do not guarantee:

• Specific sales results
• Search engine rankings
• App downloads
• Business revenue
• Platform approval
• Zero downtime
• Complete immunity from cyberattacks
• Permanent compatibility with all third-party systems

Any marketing, performance, ranking, or business growth discussions are estimates or professional opinions, not guarantees.

20. Maintenance and Support

Unless a separate maintenance agreement exists, support after project completion may be limited.

Additional support, updates, bug fixes, security patches, content changes, hosting changes, or feature additions may attract additional fees.

A project is considered completed when the agreed deliverables have been provided, deployed, handed over, or made available for client review.

21. Governing Law

These Terms are governed by the laws of Zimbabwe.

Any disputes arising from these Terms, our website, WhatsApp-based service requests, domain services, hosting services, application development, or related business dealings shall be handled under the courts and laws of Zimbabwe.

22. Updates to These Terms

We may update these Terms from time to time to reflect changes in our services, pricing, legal obligations, third-party provider rules, or business operations.

The latest version will be made available through our website or official communication channels.

23. Contact

For questions about these Terms, contact: