Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of zdatas.com (the “Site”) and the data services provided by zdatas (“zdatas,” “we,” “us,” or “our”). By accessing the Site, submitting a request, or engaging our services, you (“you” or the “Client”) agree to these Terms and to our Privacy Policy.

If you are using the Site or our services on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms. If you do not agree, please do not use the Site or our services.

2. Our Services

zdatas provides specialized data management services using SQL Server and Power BI Server in on-premise and cloud hosted environments, including:

• Remote database administration and security
• SSRS report development and SSIS data integration
• Power BI on-prem & cloud hosted development
• Data migration services and ETL/ELT development
• Database architecture, design, and SQL programming

Information on the Site is provided for general informational purposes. Descriptions of services do not constitute an offer or a guarantee of any particular result.

3. Engagements & Written Agreements

Submitting a consultation request through the Site does not create a service relationship or obligate either party. Specific services are provided only under a written proposal, statement of work, or service agreement (each, an “Engagement”) that describes the scope, deliverables, timeline, and fees.

If an Engagement conflicts with these Terms, the Engagement controls for the services it covers. Work outside the agreed scope requires a written change request and may result in additional fees or timeline changes.

4. Client Responsibilities

To allow us to deliver services effectively, the Client agrees to:

• Provide accurate and complete information and timely access to the systems, environments, and personnel we reasonably need
• Maintain current, tested backups of all systems and data before and during our work, unless backup management is expressly part of the Engagement
• Hold all rights and authority required to grant us access to its systems and data
• Keep credentials secure, grant only the access needed, and revoke or rotate access when the Engagement ends
• Maintain valid licenses for all software it owns or provides, including Microsoft products
• Review and approve deliverables within a reasonable time

Delays or failures caused by missing access, information, or approvals may affect timelines and costs.

5. Fees & Payment

Fees, billing cycles, and payment terms are set out in the applicable Engagement. Unless stated otherwise:

• Invoices are due within thirty (30) days of the invoice date
• Late balances may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law
• Fees exclude applicable taxes, which are the Client’s responsibility
• Pre-approved third-party costs and reasonable out-of-pocket expenses are billed to the Client
• We may suspend services on overdue accounts after written notice

6. Client Data & Confidentiality

As between the parties, the Client retains all ownership of its data, databases, and systems (“Client Data”). zdatas accesses and processes Client Data solely to perform the services and as the Client directs, as described in our Privacy Policy.

Each party agrees to keep the other’s non-public business, technical, and financial information confidential, to use it only for the Engagement, and to protect it with reasonable care. These obligations do not apply to information that is public through no fault of the recipient, already known or independently developed, or required to be disclosed by law. They continue for three (3) years after the Engagement ends, and for as long as Client Data remains in our possession.

7. Intellectual Property

Client deliverables. Upon full payment, the Client owns the custom reports, packages, scripts, and other deliverables created specifically for it under an Engagement, unless the Engagement states otherwise.

zdatas materials. zdatas retains ownership of its pre-existing and independently developed tools, templates, code libraries, methods, and know-how, including general knowledge and experience gained during an Engagement. To the extent these are incorporated into a deliverable, the Client receives a non-exclusive, perpetual, non-transferable license to use them as part of that deliverable.

Site content. The Site’s text, design, graphics, logos, and code, including the zdatas name, are owned by zdatas or its licensors and may not be copied, modified, or distributed without our written permission.

8. Acceptable Use of the Site

When using the Site, you agree not to:

• Violate any applicable law or regulation
• Submit false, misleading, or unauthorized information, or impersonate another person or organization
• Attempt to gain unauthorized access to the Site, our systems, or other users’ data
• Introduce malware, or interfere with or disrupt the Site’s operation or security
• Use automated tools to scrape, overload, or probe the Site without our permission
• Use the Site to send spam or unsolicited promotional messages

9. Third-Party Software & Services

Our services involve third-party products such as Microsoft SQL Server and Power BI, and may involve cloud hosting providers. These products are governed by their own license terms and policies, and zdatas is not responsible for their availability, performance, changes, or pricing. Unless an Engagement states otherwise, the Client is responsible for procuring and paying for required licenses and hosting. The Site may also link to third-party websites that we do not control.

10. Disclaimers

We perform services with reasonable skill and care consistent with industry standards. Except as expressly stated in an Engagement, the Site and our services are provided “as is” and “as available,” and to the fullest extent permitted by law zdatas disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Site or services will be uninterrupted or error-free, or that any specific performance, availability, cost-saving, or business outcome will be achieved. Database and infrastructure work carries inherent risk, which is why current backups are the Client’s responsibility under Section 4.

11. Limitation of Liability

To the fullest extent permitted by law, zdatas will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or business opportunities, arising from or related to the Site or our services, even if advised of the possibility of such damages.

zdatas’s total aggregate liability for all claims relating to an Engagement or these Terms will not exceed the fees paid by the Client to zdatas for the services giving rise to the claim during the twelve (12) months before the claim arose. Nothing in these Terms limits liability that cannot be limited by law.

12. Indemnification

The Client agrees to defend, indemnify, and hold harmless zdatas and its owners, employees, and contractors from third-party claims, damages, and expenses (including reasonable attorneys’ fees) arising from the Client’s breach of these Terms, its lack of authority to share Client Data or grant system access, or its violation of applicable law.

13. Term & Termination

These Terms apply as long as you use the Site or have an active Engagement. Either party may terminate an Engagement for convenience on thirty (30) days’ written notice, or immediately for material breach that remains uncured fifteen (15) days after written notice, unless the Engagement provides otherwise.

On termination, the Client will pay for services performed and expenses incurred through the termination date, and each party will return or securely delete the other’s confidential information on request, subject to legal retention requirements. Sections that by their nature should survive (including payment, confidentiality, intellectual property, disclaimers, liability limits, and governing law) will survive. We may restrict or suspend Site access at any time for violation of these Terms.

14. Governing Law

These Terms are governed by the laws of the State of [Your State], United States, without regard to conflict-of-law rules. The parties agree to first attempt to resolve any dispute informally through good-faith discussion for at least thirty (30) days after written notice. Any dispute not resolved informally will be brought exclusively in the state or federal courts located in [Your County/State], and each party consents to that jurisdiction and venue.

15. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above. Changes apply to your use of the Site after they are posted. Changes to an existing Engagement require a written amendment signed or confirmed by both parties.

16. General Provisions

• Entire agreement: These Terms, the Privacy Policy, and any Engagement are the entire agreement regarding their subject matter.
• Severability: If any provision is found unenforceable, the remainder stays in effect.
• No waiver: Failing to enforce a provision is not a waiver of it.
• Assignment: The Client may not assign these Terms without our written consent; zdatas may assign them in connection with a merger, acquisition, or sale of assets.
• Independent contractor: zdatas is an independent contractor, and nothing in these Terms creates a partnership, employment, or agency relationship.
• Force majeure: Neither party is liable for delays caused by events beyond its reasonable control, such as outages, natural disasters, or government actions.
• Notices: Notices to zdatas should be sent to the email address below.

17. Contact Us

If you have questions about these Terms, please contact us:

• Company: zdatas
• Website: zdatas.com
• Email: info@zdatas.com
• Phone: +1 (000) 000-0000