Implementation Services Terms
Effective Date: October 20, 2022
Thank you for purchasing implementation services provided by Zapier, Inc. (“Zapier”). These terms (the “Terms”) will govern Zapier’s performance and your receipt of implementation services (the “Implementation Services”) as described on the Zapier Support Services website located at: https://zapier.com/l/support-services (the “Implementation Services Website”). If you do not or cannot agree to these Terms, you may not receive Implementation Services from Zapier.
- You may order an Implementation Services package on the Implementation Services Website which contains descriptions of different packages, the types of Implementation Services offered by Zapier under each package, and the pricing associated with such package (the “Fees”). Please note that offered packages may be changed (including price or contents) or discontinued at any time. By placing an order, you affirm your agreement to these Terms.
- After placing an order, Zapier shall schedule a call (or otherwise correspond) with you to determine a more detailed scope of Implementation Services in connection with the package that you purchased (the “Scope”). Once Zapier and you have agreed upon a Scope, Zapier will send you an invoice for the Implementation Service package that you have purchased along with a copy of the agreed-upon Scope. Please note that Zapier will be unable to begin performing Implementation Services until you have paid the Fees contained in the invoice in full. Once you have paid the Fees to Zapier, Zapier will not be able to provide any refund of Fees other than as contemplated in Section 4 below.
- You represent and warrant to Zapier that: (a) your proposed Scope will comply with applicable laws and regulations, and applicable terms of the third-party apps included in the Scope; (b) you have the appropriate permission to create any Zap or other workflow and to transfer the data contemplated to be transferred by such Zap or other workflow contained in your proposed Scope; and (c) you have the appropriate permission to any third party apps you wish to integrate (or appropriate levels of account features/permissions in either Zapier or such third-party apps). You also agree that Zapier may access your Zapier account and accounts linked to your Zapier account for purposes of performing the Implementation Services.
- Zapier represents and warrants to you that Zapier will perform the Implementation Services as specified in the Scope. If we have not performed Implementation Services in accordance with the Scope and you notify Zapier within thirty (30) days of our completion of Implementation Services, Zapier will, as your sole and exclusive remedy: (a) perform additional Implementation Services in accordance with the Scope; or (b) provide you with a refund of the Fees. This warranty shall not be applicable in the event that any errors, non-functionality, or deficiencies are due to a change with your third-party apps or accounts, your changing the Scope without our agreement, your breach of your warranties under Section 3, or technical issues beyond Zapier’s control.
- Upon Zapier’s completion of the Scope, these Terms shall automatically terminate other than: (a) your obligations under Section 3; (b) Zapier’s warranty under Section 4 (for such warranty period); (c) the parties’ respective obligations of confidentiality under Section 6; and (d) such other terms which by their nature are intended to survive termination of these Terms.
- Section 9 (Confidential Information) of the Zapier Terms of Service located at: https://zapier.com/legal/terms-of-service (the “Zapier TOS”) is hereby incorporated by reference with respect to the Implementation Services provided under these Terms.
- To the fullest extent permitted by applicable law, neither party shall be liable to the other party for (a) any indirect, incidental, consequential, punitive, special, exemplary, or statutory damages, including without limitation, loss of business, profits, revenue, data, goodwill, or for any cost of cover or cost of procurement of substitute goods or services), even if such party has been advised of the possibility of such damages, and regardless of the legal theory under which damages are sought, whether in breach of contract or in tort, including negligence; or (b) amounts in the aggregate that exceed the Fees paid by you to Zapier for the Implementation Services.
- These Terms (and any Scope): (a) constitute the entire agreement between Zapier and you with respect to the Implementation Services; and (b) shall be governed by and construed in accordance with the laws of California. All disputes arising out of or relating to these Terms and/or any Scope will be submitted to the exclusive jurisdiction of a court of competent jurisdiction located in San Francisco, California, and each party irrevocably consents to such personal jurisdiction and waives all objections to this venue.
- Zapier may update these Terms at any time; provided, any such update shall only apply to Implementation Services contracted for on or after the effective date of such update. Accordingly, you are encouraged to review and must agree to the latest version of these Terms in connection with entering into any new order for Implementation Services.