Terms & Conditions
1. Introduction
Welcome to Zilwa Prod.
These Terms & Conditions govern access to and use of the Zilwa Prod website and the services provided by Zilwa Prod ("we", "us" or "our").
By accessing our website, submitting an enquiry or engaging our services, you agree to these Terms & Conditions to the extent applicable to your use of the website or our services.
If you do not agree with these Terms, please refrain from using our website.
2. Company Information
Zilwa Prod is a company based in the Republic of Mauritius, providing creative, digital and production services to clients in Mauritius and internationally.
Company name : Zilwa Prod
Company registration number : C26232642
Registered office : 55b, Dr Lesur Street, Beau Bassin, 71509, Ile Maurice
Email : amaury.pottier@zilwaprod.com
Website : https://www.zilwaprod.com/
3. Our Services
Zilwa Prod provides creative and digital services, which may include :
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Website design and development.
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Web application and digital solution development.
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Graphic design and visual communication.
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Photography, videography and content production.
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Related creative, digital and production services agreed with clients.
The availability and scope of each service will depend on the client's requirements and the proposal or quotation issued by Zilwa Prod.
Information published on our website is provided for general informational purposes and does not constitute a binding offer unless expressly stated otherwise.
4. Project Proposals and Quotations
Before commencing a project, Zilwa Prod may provide a written quotation or proposal describing the agreed services, deliverables, estimated timeline, fees and payment terms.
A project will be considered accepted when the client has approved the relevant quotation or agreement in writing and has fulfilled any applicable initial payment requirements.
Any change to the agreed scope, deliverables, timeline or requirements may require a revised quotation.
Work not expressly included in the approved quotation may be charged separately, subject to the client's approval.
5. Pricing and Payment Terms
Our services are generally provided on a quotation basis.
All applicable fees, currencies, payment deadlines and payment arrangements will be specified in the relevant quotation or agreement.
Unless otherwise agreed in writing :
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An initial deposit may be required before work begins.
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Payments must be made according to the agreed payment schedule.
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Work may be suspended following reasonable notice if an invoice remains overdue.
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Additional work, revisions or expenses outside the agreed scope may incur additional charges.
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Applicable taxes, where required, will be specified on the relevant quotation or invoice.
The client is responsible for providing accurate billing information and paying any bank or transaction charges applicable to their payment, where lawfully chargeable.
6. Client Responsibilities
Clients agree to provide the information, content, materials, access permissions, feedback and approvals reasonably required for the completion of a project.
Clients are responsible for ensuring that materials they supply, including text, photographs, videos, logos, fonts and other assets, may lawfully be used for the intended project.
Delays in providing materials, feedback, approvals or payments may affect delivery dates.
Zilwa Prod is not responsible for delays caused by incomplete client information, changes requested after approval, third-party services or circumstances beyond our reasonable control.
7. Revisions and Changes
The number and type of revisions included in a project will be specified in the relevant quotation or agreement.
Requests that fall outside the agreed scope, including substantial design changes, additional pages, new functionality or changes following approval, may require additional fees and an updated delivery schedule.
We will communicate any material changes to the scope or price for approval before undertaking additional chargeable work.
8. Project Cancellation and Refunds
If a project is cancelled by the client, the parties will determine the amounts payable based on the agreed cancellation terms, work completed, approved expenses and applicable law.
Deposits and advance payments will be handled according to the relevant quotation or agreement.
Any refund due will be assessed in accordance with the agreed terms and applicable legal requirements.
If Zilwa Prod needs to cancel a project, we will communicate the situation to the client and address any outstanding payments or refunds in accordance with the applicable agreement and law.
Nothing in this section excludes any mandatory cancellation, refund or consumer rights that apply to a particular transaction.
9. Intellectual Property
Unless otherwise agreed in writing, Zilwa Prod retains ownership of its pre-existing intellectual property, including its tools, methods, processes, reusable components, templates and materials developed independently of the client's project.
Ownership or licensing of final deliverables, including website designs, source code, graphics, videos and other project assets, will be specified in the relevant quotation or agreement.
Where the agreement makes the transfer of ownership or grant of usage rights conditional on full payment, those rights will take effect according to the agreed terms.
Third-party materials remain subject to their respective licences and usage restrictions.
Clients must not reproduce, distribute, modify or commercially exploit materials belonging to Zilwa Prod without the necessary rights or authorisation.
10. Portfolio and Project References
Unless otherwise agreed in writing or prohibited by a confidentiality obligation, Zilwa Prod may request permission to display completed work in its portfolio, website, social media or promotional materials.
Client names, trademarks, confidential information and unpublished materials will not be presented as public case studies without appropriate authorisation where required.
Clients who require confidentiality or wish to restrict portfolio use should notify Zilwa Prod before the project begins so that the relevant terms can be agreed in writing.
11. Third-Party Services and Platforms
Our services may rely on third-party software, hosting providers, domain registrars, plugins, APIs, payment systems, stock assets or other external platforms.
These services may be subject to separate terms, licences, fees and privacy policies.
Unless expressly agreed otherwise, Zilwa Prod does not control the availability, future pricing, security or performance of third-party services and cannot guarantee their uninterrupted operation.
Any ongoing maintenance, hosting, domain renewal, software subscription or third-party licence costs will be identified in the relevant quotation where applicable.
12. Website Use and Security
You agree not to :
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Use our website for unlawful, fraudulent or harmful purposes.
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Attempt to gain unauthorised access to our website, servers or systems.
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Interfere with the security or operation of our website.
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Introduce malicious software or harmful code.
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Copy or exploit website content in violation of applicable intellectual property rights.
We may take reasonable measures to protect our website and restrict access where misuse, security risks or unlawful activity are identified.
13. Website Disclaimer
We aim to keep the information on our website accurate and up to date. However, we do not guarantee that all information will always be complete, accurate or available without interruption.
Website content is provided for general informational purposes and should not be relied upon as a substitute for a project-specific quotation or written agreement.
To the extent permitted by law, Zilwa Prod shall not be responsible for indirect or consequential losses arising from the use or temporary unavailability of the website.
Nothing in these Terms excludes liability that cannot lawfully be excluded.
14. Limitation of Liability
Zilwa Prod will perform its services in accordance with the applicable project agreement and any mandatory legal standards.
To the extent permitted by applicable law, Zilwa Prod shall not be liable for losses caused by inaccurate information supplied by the client, unauthorised changes made by third parties, third-party service failures or events outside our reasonable control.
Any further limitation of liability for a particular project must be expressly agreed in writing and must comply with applicable law.
15. Privacy and Personal Information
Personal information collected through our website or in the course of providing our services will be handled in accordance with our Privacy Policy and applicable data protection laws.
Please consult our Privacy Policy for details of how we collect, use, store and protect personal information.
16. International Clients
Zilwa Prod may provide services to clients located outside Mauritius.
International projects may involve different currencies, time zones, tax requirements, intellectual property rules and data protection obligations.
The applicable fees, deliverables, payment arrangements and other project-specific conditions should be documented in the relevant quotation or agreement.
Clients are responsible for identifying any local requirements applicable to their own business or intended use of the deliverables. This does not remove any legal obligations that apply to Zilwa Prod.
17. Force Majeure
Neither party shall be held responsible for a delay or failure to perform an obligation to the extent that it results from circumstances beyond that party's reasonable control, subject to applicable law.
The affected party should notify the other party as soon as reasonably practicable and take reasonable steps to minimise the impact.
Any payment obligations for work already completed or expenses already incurred remain subject to the applicable agreement and law.
18. Changes to These Terms
We may update these Terms & Conditions from time to time.
The latest version will be published on this page with a revised date. Changes to an existing project agreement will be handled according to that agreement and applicable law.
19. Governing Law and Disputes
These Terms & Conditions are intended to be governed by the laws of the Republic of Mauritius, subject to any mandatory legal protections that apply to a particular client or transaction.
Any dispute should first be addressed through good-faith communication between the parties. Where a dispute cannot be resolved informally, it may be referred to the competent courts or other appropriate dispute resolution mechanisms under applicable law.
Nothing in this section removes any mandatory rights available to consumers or other protected parties.