Privacy Policy

1. Identification and Legal Information

Company Legal Name: HFZ TECH
Legal Form: Sole Proprietorship
Registered Office: B-136, Shiva Blessings 2, Opp BMC, Bhavnagar - 364001, Gujarat, INDIA.
Company Registration Number: +91 9714012701
Email: info(at)hfztech.com
Phone: +91 7698966250
Website: www.hfztech.com

Authorized Representative(s): Abdulhafiz Shekh

2. Acceptance and Modification of Terms

2.1 Binding Agreement

By accessing this website or engaging our services, you ("Client," "you," or "your") accept and agree to be bound by these Terms of Use and our Privacy Policy.

2.2 Capacity

By using our services, you confirm that:

You are at least 18 years of age
You have the legal capacity to enter into binding contracts
If representing a business, you have authority to bind that entity

2.3 Modifications

We reserve the right to modify these terms at any time. Changes will be:

Posted on this page with an updated date
Communicated by email for material changes to active clients
Effective immediately for new users and after the notice period for existing users

Your continued use after modifications constitutes acceptance. If you disagree with changes, you must discontinue use.

3. Services Provided

We provide professional web design and development services including:

TYPO3 CMS: Development, customization, migration, and support
WordPress: Theme/plugin development, customization, optimization
Laravel Framework: Custom web application development
Symfony Framework: Enterprise application development
PHP Development: Custom backend solutions and API development
Frontend Development: Responsive HTML5, CSS3, JavaScript, modern frameworks
Website Design: UX/UI design, responsive design, accessibility compliance
Maintenance & Support: Ongoing updates, security patches, technical support
Consultation: Technical advisory, architecture planning, performance optimization

Detailed scope, deliverables, and timelines are specified in individual project agreements.

4. Service Terms and Conditions

4.1 Project Engagement Process

Initial Consultation: Discussion of requirements and objectives
Proposal: Written proposal with scope, timeline, and pricing
Agreement: Signed contract or written acceptance
Deposit: Initial payment as specified typically 30-50%
Development: Iterative development with milestones
Delivery: Final deliverables upon completion and full payment

4.2 Client Responsibilities

You agree to:

Provide timely feedback within agreed timeframe of 3-5 business days
Supply necessary content, materials, and access credentials
Respond to requests for clarification or approvals
Ensure you have rights to all materials provided
Review and test deliverables within agreed acceptance periods
Make timely payments according to the payment schedule

Delays caused by client non-responsiveness may result in project timeline extensions and potential additional charges.

4.3 Pricing and Payment Terms

Currency: All prices are quoted in EUR/USD.
Validity: Quotes valid for 30 days unless otherwise stated
Payment Schedule: Specified in project agreement 30-50% deposit, milestone payments, final payment on completion
Payment Methods: Bank transfer, credit/debit card, PayPal [specify accepted methods]
Taxes: Prices exclude VAT unless stated; international clients may be subject to reverse charge mechanism
Currency Fluctuation: For international projects, significant currency fluctuations may be addressed through contract provisions

4.4 Project Changes and Scope Creep

Change Requests: Must be submitted in writing
Impact Assessment: We will assess impact on timeline and cost
Approval Required: Changes require mutual written agreement
Additional Charges: Out-of-scope work billed at hourly rate or quoted separately
Timeline Adjustment: Scope changes may extend delivery timelines

4.5 Revisions Policy

Included Revisions: 2 rounds as per project agreement
Revision Definition: Changes to approved deliverables within original scope
Not Revisions: New features, scope additions, complete redesigns
Additional Revisions: Available at hourly rate or as quoted
Timeframe: Revision requests must be made within 14 days of delivery

4.6 Project Timeline and Delays

Estimated Timelines: Provided in good faith and subject to client cooperation
Dependencies: Timelines depend on timely client feedback, content provision, and third-party services
Force Majeure: Not liable for delays due to circumstances beyond reasonable control
Client Delays: Extended client delays may result in project pause or termination
Communication: We provide regular project updates via email

5. Intellectual Property Rights

5.1 Pre-Existing IP

Our IP: We retain all rights to our proprietary tools, frameworks, code libraries, and methodologies
Third-Party IP: Open-source software (TYPO3, WordPress, Laravel, Symfony) and third-party libraries remain subject to their respective licenses
Client IP: You retain all rights to content, materials, and IP you provide

5.2 Project Deliverables

Upon full payment, you receive:

Ownership: Of final custom-developed deliverables as specified in the project agreement
License: To use deliverables for the intended purpose
Source Code: Where applicable and agreed upon
Documentation: User guides and technical documentation as specified

Exceptions to ownership transfer:

Reusable code components, frameworks, and libraries we develop
Third-party components and open-source software (subject to their licenses)
Our proprietary tools and methodologies

5.3 Portfolio and Marketing Rights

We reserve the right to:

Display project work in our portfolio
Use project as a case study (with client approval for details)
Reference client as a customer (with approval)
Share non-confidential project information for marketing

You may opt-out by requesting confidentiality in writing. Confidential projects will not be disclosed without your permission.

5.4 Open-Source Licenses

When using open-source technologies:

GPL (TYPO3, WordPress): Derivative works may be subject to GPL requirements
MIT License (Laravel components): Permissive use with attribution
Other Licenses: Specific terms apply to each component used

We will inform you of applicable license obligations for your project.

5.5 Intellectual Property Indemnification

Your Indemnity: You indemnify us against claims arising from content or materials you provide
Our Indemnity: We indemnify you against claims that our custom work infringes third-party IP rights (excluding open-source components and client-provided materials)

6. Warranties and Disclaimers

6.1 Our Warranties (Warranty Period)

For 60 days after project completion, we warrant that:

Deliverables will substantially conform to specifications
Work is free from defects in workmanship
Code is free from known malware or malicious code

Warranty Remedies: We will repair or replace non-conforming deliverables at no additional charge.

Warranty Exclusions:

Issues caused by client modifications
Third-party component failures
Hosting/server issues
Force majeure events
Normal wear and tear

6.2 Third-Party Software Disclaimer

We provide services using third-party platforms (TYPO3, WordPress, Laravel, Symfony). We:

Do not warrant these platforms' functionality, security, or availability
Are not responsible for breaking changes in platform updates
Recommend ongoing maintenance to address platform updates
Cannot guarantee plugin/extension compatibility indefinitely

6.3 Website Performance Disclaimer

While we follow best practices, we do not guarantee:

Specific search engine rankings or SEO results
Specific traffic, conversion, or revenue metrics
Complete error-free operation at all times
Compatibility with all future browser versions
Perpetual functionality without maintenance

6.4 Hosting and Infrastructure

Unless explicitly included in our services:

You are responsible for hosting, domain registration, and infrastructure
We are not liable for hosting downtime, data loss, or server issues
We may recommend hosting providers but do not warrant their services

6.5 LIMITATION OF IMPLIED WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

EU Consumer Rights: Nothing in these terms limits your statutory consumer rights under EU law.

7. Limitation of Liability

7.1 Liability Cap

Our total aggregate liability for any claims arising from our services is limited to the total amount paid by you for the specific project giving rise to the claim.

7.2 Excluded Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR:

Indirect, incidental, consequential, or punitive damages
Loss of profits, revenue, or business opportunities
Loss of data or information (ensure you maintain backups)
Business interruption or downtime
Third-party claims
Damages beyond our reasonable control

7.3 Exceptions to Limitations

Liability limitations do not apply to:

Death or personal injury caused by our negligence
Fraud or fraudulent misrepresentation
Willful misconduct or gross negligence
Violations of mandatory consumer protection laws
Any liability that cannot be excluded under applicable law

7.4 Force Majeure

We are not liable for delays or failures due to circumstances beyond reasonable control, including:

Natural disasters, pandemics, or acts of God
War, terrorism, or civil unrest
Government actions or regulations
Internet or telecommunications failures
Third-party service disruptions
Power outages or infrastructure failures

7.5 Indemnification

Client Indemnification: You agree to indemnify and hold us harmless from claims arising from:

Your breach of these terms
Content or materials you provide
Your use of deliverables
Your violation of third-party rights
Your violation of applicable laws

Our Indemnification: We will indemnify you against claims that our custom work infringes third-party IP rights (subject to limitations above).

8. Data Protection and Privacy (GDPR)

8.1 Roles and Responsibilities

Controller-Controller Relationship: For project communications and service delivery
Processor Role: When we process personal data on your behalf in deliverables (e.g., website with user data)

8.2 Data Processing Agreement

For projects involving personal data processing:

We will enter into a Data Processing Agreement (DPA) as required by Article 28 GDPR
The DPA specifies processing scope, security measures, and obligations
Available upon request for applicable projects

8.3 Privacy Policy

Our collection and use of your personal data is governed by our Privacy Policy, which forms part of these terms.

8.4 Cookies and Tracking

Our website uses cookies as detailed in our Cookie Policy. You can manage preferences through our cookie banner.

8.5 Data Security

We implement appropriate technical and organizational measures including:

Encryption (SSL/TLS)
Access controls
Regular security updates
Staff training on data protection
Incident response procedures

8.6 Data Breach Notification

We will notify you without undue delay if we become aware of a personal data breach affecting data we process on your behalf.

8.7 Your Rights

You have GDPR rights including access, rectification, erasure, restriction, portability, and objection. See our Privacy Policy for details.

9. Confidentiality

9.1 Confidential Information

Both parties agree to maintain confidentiality of:

Proprietary business information
Technical specifications and architecture
Trade secrets and methodologies
Financial information
Project details (when requested)

9.2 Exclusions

Confidentiality does not apply to information that:

Is publicly available
Was known prior to disclosure
Is independently developed
Must be disclosed by law

9.3 Duration

Confidentiality obligations survive for 2 years after project completion or termination.

10. Termination

10.1 Termination by Client

You may terminate projects by:

Providing 14 days written notice
Paying for all work completed to termination date
Paying any cancellation fees specified in the project agreement

10.2 Termination by Us

We may terminate services immediately if:

You breach material terms and fail to cure within 14 days
You fail to make payments when due
You engage in abusive, threatening, or illegal behavior
Continuing the project becomes impractical

10.3 Effects of Termination

Upon termination:

You pay for all work completed and expenses incurred
We deliver work completed to date (upon payment)
License to incomplete work may be limited
Confidentiality and IP provisions survive
You may not receive warranty support for incomplete work

10.4 Refund Policy

Deposit: Generally non-refundable once work commences
Completed Work: Must be paid for regardless of termination
Unused Portion: Refunded only if specified in project agreement
Dispute Resolution: Disputes may be referred to mediation

11. Acceptable Use Policy

You agree not to:

Use our services for illegal purposes or in violation of any laws
Create websites containing illegal content (child abuse, terrorism, hate speech)
Distribute malware, viruses, or harmful code
Infringe intellectual property rights
Engage in phishing, fraud, or deceptive practices
Spam or send unsolicited communications
Violate privacy or data protection laws
Harass, threaten, or abuse our staff

Violation may result in:

Immediate termination without refund
Reporting to law enforcement
Legal action for damages

12. Maintenance and Support

12.1 Warranty Support

During the warranty period, we provide:

Bug fixes for defects in our work
Technical support for issues covered by warranty
Clarification on deliverable functionality

12.2 Ongoing Maintenance (Separate Agreement)

After warranty expiration, maintenance services available include:

Software Updates: CMS, plugin, and security updates
Technical Support: Issue resolution and troubleshooting
Performance Optimization: Speed and efficiency improvements
Security Monitoring: Vulnerability scanning and patching
Backup Management: Regular backups and disaster recovery

Maintenance requires a separate maintenance agreement with defined scope and fees.

12.3 What's Not Included

Maintenance does not include:

New features or functionality
Design changes or redesigns
Content updates (unless specified)
Third-party service issues
Hosting/server management (unless specified)

13. Dispute Resolution and Governing Law

13.1 Governing Law

These terms are governed by the laws of INDIA, excluding conflict of law principles.

13.2 Jurisdiction

For business clients (B2B):

Exclusive jurisdiction: Courts of Bhavnagar

For consumers (B2C):

You may bring proceedings in the courts of your country of residence
We may bring proceedings in the courts of your country of residence

13.3 Dispute Resolution Process

Before initiating legal proceedings, parties agree to:

Step 1: Negotiation (30 days)

Good-faith attempt to resolve through direct negotiation
Escalation to senior management if necessary

Step 2: Mediation (Optional, 60 days)

Non-binding mediation with agreed mediator
Costs shared equally
Confidential proceedings

Step 3: Litigation

If unresolved, parties may pursue legal action
Each party bears own costs unless court awards costs

14. Miscellaneous Provisions

14.1 Entire Agreement

These terms, together with:

Our Privacy Policy
Project-specific agreements
Data Processing Agreements (where applicable)

Constitute the entire agreement and supersede all prior understandings.

14.2 Severability

If any provision is found unenforceable:

Remaining provisions continue in full effect
Invalid provision interpreted to achieve intended purpose to extent possible
Does not affect validity of remaining terms

14.3 Waiver

Failure to enforce any right does not constitute a waiver of that right.

14.4 Assignment

You may not assign these terms without our written consent
We may assign to affiliates or in connection with a business transfer
You will be notified of any assignment affecting your rights

14.5 Relationship

These terms establish an independent contractor relationship. Nothing creates a partnership, joint venture, employment, or agency relationship.

14.6 Third-Party Rights

These terms are between you and us. No third party has rights to enforce any provision (except as required by law).

14.7 Survival

The following provisions survive termination:

Intellectual Property Rights
Confidentiality
Limitation of Liability
Indemnification
Payment obligations
Dispute Resolution

14.8 Language

The governing language of these terms is English. Translations are for convenience only.

14.9 Notices

Official notices must be sent to:

To Us: info(at)hfztech.com
To You: Email or address provided in project agreement

Notices are deemed received:

Email: 24 hours after sending
Post: 5 business days after mailing (registered mail recommended)

14.10 Updates and Amendments

We may update these terms to reflect:

Legal or regulatory changes
Business practice changes
User feedback

Notification provided via email or website notice. Material changes require acceptance for new projects.

15. Consumer Rights Notice (EU)

If you are an EU consumer, you have specific rights under EU consumer protection directives:

15.1 Right of Withdrawal (14-Day Cooling-Off Period)

For distance contracts, you have 14 days from contract conclusion to withdraw without reason.

Exceptions: Right may not apply if:

You expressly request immediate performance
Services are fully performed with your agreement before withdrawal period ends
Custom-made digital content delivery has begun with your consent

How to Exercise: Send clear statement to info(at)hfztech.com

Refund: Within 14 days of withdrawal notice (may deduct value of services performed with consent)

15.2 Digital Content Rights

Under EU Directive 2019/770:

Digital content must be as described
Must be fit for purpose
Right to remedies (repair, replacement, price reduction, termination) for non-conformity

15.3 Unfair Contract Terms

Under EU Directive 93/13/EEC:

Unfair terms in consumer contracts are not binding
Terms must be clear and transparent
Ambiguities interpreted in consumer's favor

Nothing in these terms limits your mandatory consumer rights under EU law.

16. Accessibility Commitment

We strive to make our website accessible to all users. If you experience accessibility barriers, please contact us at info(at)hfztech.com.

We aim for WCAG 2.1 Level AA compliance and welcome feedback for improvements.

17. Contact Information

For questions, support, or exercising your rights:

HFZ Tech
Address: B-136, Shiva Blessings 2, Opp, BMC, Bhavnagar - 364001, Gujarat, INDIA
Email: info(at)hfztech.com
Phone: +91 7698966250
Website: www.hfztech.com

Data Protection Inquiries: info(at)hfztech.com
Support: info(at)hfztech.com
Billing: hafiz(at)hfztech.com

Business Hours: 9:00 AM to 6:00 PM [GMT +5.30]
Response Time: We aim to respond within 24 hours on business days

Acknowledgment and Acceptance

By using our website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy.

For contracts requiring signature, your signature below or electronic acceptance constitutes agreement to these terms.