1. Agreement to Terms
By accessing and using ZarAgency's website and services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our services.
2. Description of Services
ZarAgency provides AI-powered digital marketing services, including but not limited to:
- AI-powered advertising optimization and management
- Lead generation and customer acquisition systems
- Website development and conversion optimization
- Marketing automation and chatbot integration
- Analytics, reporting, and performance tracking
- Strategic consulting and business growth planning
3. User Obligations
By using our services, you agree to:
- Provide accurate and complete information
- Maintain the security of your account credentials
- Comply with all applicable laws and regulations
- Not use our services for illegal or unauthorized purposes
- Not interfere with or disrupt our services
- Respect intellectual property rights
- Pay all fees according to agreed terms
4. Payment Terms
Fees and Billing
- All fees are quoted in US Dollars and exclude applicable taxes
- Monthly services are billed in advance on the same date each month
- Project-based work requires 50% payment upfront
- Late payments may incur a 1.5% monthly service charge
Refunds
Refunds are provided at our discretion and typically within the first 30 days of service commencement. Work completed or advertising spend incurred is non-refundable.
5. Service Level Agreement
Performance Standards
- Response time: Initial response within 24 hours on business days
- Uptime: 99.5% availability for AI systems and automations
- Reporting: Monthly performance reports delivered by the 5th of each month
- Support: Business hours support (9 AM - 6 PM PST, Mon-Fri)
Service Modifications
We reserve the right to modify, suspend, or discontinue services with 30 days' written notice. Critical security updates may be implemented immediately.
6. Intellectual Property
Our Property
All content, software, methodologies, and materials developed by ZarAgency remain our exclusive property. Clients receive a non-exclusive license to use deliverables for their business purposes.
Client Property
Clients retain ownership of their data, content, and pre-existing intellectual property. You grant us a license to use such materials to provide services.
7. Confidentiality
Both parties agree to maintain strict confidentiality regarding:
- Business strategies, financial information, and proprietary data
- Technical specifications, methodologies, and trade secrets
- Customer lists, pricing, and competitive information
- Any information marked as confidential or reasonably considered sensitive
8. Limitation of Liability
To the maximum extent permitted by law:
- Our total liability shall not exceed the fees paid in the 12 months preceding the claim
- We are not liable for indirect, incidental, or consequential damages
- We do not guarantee specific results or return on investment
- Clients acknowledge that marketing results depend on multiple factors
- Force majeure events excuse performance delays or failures
9. Indemnification
Clients agree to indemnify and hold ZarAgency harmless from claims arising from:
- Violation of these terms or applicable laws
- Client's business practices or content
- Third-party claims related to client's products or services
- Unauthorized use of our services or intellectual property
10. Termination
Termination Rights
- Either party may terminate with 30 days' written notice
- Immediate termination for material breach or non-payment
- We may suspend services for violations of these terms
Effect of Termination
- All unpaid fees become immediately due
- Access to systems and data will be revoked
- Client data will be returned within 30 days
- Confidentiality obligations survive termination
11. Dispute Resolution
Negotiation
Parties agree to first attempt resolution through good faith negotiation for 30 days.
Arbitration
Unresolved disputes shall be settled through binding arbitration under the American Arbitration Association rules in San Francisco, California.
Governing Law
These terms are governed by California state law, excluding conflict of law principles.
12. Data Protection and Privacy
Our collection and use of personal information is governed by our Privacy Policy. We comply with applicable data protection laws including GDPR and CCPA where applicable.
13. Force Majeure
Neither party shall be liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, government actions, pandemics, cyber attacks, or infrastructure failures.
14. Severability
If any provision of these terms is found unenforceable, the remaining provisions shall continue in full force and effect. Invalid provisions will be replaced with enforceable terms that closely match the original intent.
15. Modifications
We may update these terms periodically. Changes will be posted on our website with an updated effective date. Continued use of services constitutes acceptance of modified terms.
16. Contact Information
For questions about these terms or our services, contact us:
17. Entire Agreement
These Terms of Service, together with our Privacy Policy and any signed service agreements, constitute the entire agreement between the parties and supersede all prior understandings and agreements.