These terms govern all Zayphire assessments, reports and advisory services. By commissioning an engagement, the client agrees to them. Last updated: June 2026.
"Zayphire" means the independent practice operated by the founder, providing digital customer-experience benchmarking. "Client" means the party commissioning an engagement. "Deliverable" means any preview, report, assessment, roadmap or other output. "Assessment" means the evaluation of publicly observable digital and, where commissioned, physical touchpoints against the Zayphire framework. "Preview" means a complimentary or sample summary provided ahead of a paid engagement.
Zayphire provides outside-in benchmarking of a brand’s customer journey, scored against its proprietary framework of up to 83 criteria across 7 modules, with findings, recommendations and an implementation roadmap. The precise scope, package, add-ons, markets and fee for each engagement are set out in a written proposal or statement of work agreed with the Client, which forms part of these terms. Where this document and a signed proposal conflict, the proposal prevails for that engagement.
Zayphire is an assessment and advisory practice, not an implementation agency. Deliverables identify opportunities and recommend actions; executing those actions is the Client’s responsibility unless a separate implementation scope is agreed. Estimated financial figures (for example, recoverable revenue) are illustrative models based on stated assumptions, not promises, forecasts or guarantees. Zayphire does not warrant that implementing any recommendation will produce a specific commercial result.
Zayphire is fully independent. It is not retained by, paid by, or affiliated with any vendor, platform, agency or technology provider it may reference, and it receives no commission, referral fee or incentive from any third party in connection with its findings or recommendations. Zayphire does not accept payment to alter a score or finding. Where Zayphire has any prior or current relationship that could be perceived as a conflict in respect of a specific Client or competitor, it will disclose this before accepting the engagement. The Client likewise confirms it is entitled to commission the assessment.
Assessments are conducted from the outside in, using only publicly observable information and, where commissioned, in-person observation of physical venues. Findings reflect what a real customer would encounter at the time of assessment. Digital properties change frequently; findings are a point-in-time snapshot as at the assessment date and may not reflect subsequent changes. Scores are proprietary, comparative benchmark outputs and are inherently a matter of professional judgement, not absolute fact.
The Zayphire framework, methodology, scoring system, criteria, weightings and templates remain the exclusive property of Zayphire at all times and are licensed, never transferred. On full payment, the Client receives a non-exclusive, non-transferable licence to use the Deliverable for its own internal business purposes. The Client may not resell, publish, sublicense or use the Deliverable or any score in procurement or marketing without Zayphire’s written consent. Zayphire may use anonymised, aggregated learnings to improve its methodology and may reference the engagement as a credential only with the Client’s prior consent.
Each party will keep the other’s non-public information confidential and use it only for the engagement. Deliverables are prepared for the named Client only and are marked private and confidential. This clause survives termination.
Zayphire assesses publicly available information and does not require the Client’s customer personal data to perform an assessment. Where any personal data is incidentally processed, Zayphire handles it in accordance with the Singapore Personal Data Protection Act 2012 and applicable law, and will not retain it longer than necessary.
To the maximum extent permitted by law, Zayphire’s total aggregate liability arising out of or in connection with any engagement, whether in contract, tort or otherwise, is limited to the fees actually paid by the Client for that engagement. Zayphire is not liable for any indirect, incidental, special or consequential loss, including loss of profit, revenue, goodwill or business, arising from the Deliverable or any decision the Client makes based on it. Nothing in these terms excludes liability that cannot lawfully be excluded.
Deliverables are provided on an "as is" basis for informational and advisory purposes. Zayphire gives no guarantee, warranty or representation that any recommendation will increase revenue, conversion, traffic, rankings or any other metric, or that any estimated figure will be realised. The Client is responsible for its own commercial decisions and for obtaining independent legal, financial and technical advice where appropriate.
Deliverables may reference third-party brands, products, review platforms and trademarks for comparison, benchmarking and commentary purposes only. All such marks remain the property of their respective owners, and their use does not imply any affiliation or endorsement. Where Zayphire references public reviews or third-party data, it does so as factual commentary and attributes the source.
An engagement runs until the Deliverable is delivered or, for retainers, until terminated under clause 14. Either party may terminate immediately for material breach not remedied within 14 days of notice. Accrued fees remain payable on termination.
Neither party is liable for delay or failure caused by events beyond its reasonable control. Timelines are extended accordingly.
These terms are governed by the laws of Singapore, and the parties submit to the non-exclusive jurisdiction of the Singapore courts. If any provision is held unenforceable, the remainder continues in effect.
This is a strong, professional starting template — not a substitute for legal review. Have a Singapore-qualified lawyer review once before relying on it, particularly the liability cap, IP licence and cross-border (Sri Lanka / Indonesia) clauses. Keeping the entity, registration details and a real contact address current is also part of being credible and protected.