Welcome to Zivdesk. These Terms of Use (“Terms”) apply to your use of zivdesk.com and to our free audits, quotes, calls, and other services. By using the Website or requesting our services, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Website.
1. About Zivdesk
Zivdesk is a digital marketing agency for local businesses in the United States. We offer services such as website design, Meta Ads, Google Ads, website SEO, local SEO, and Google Business Profile setup, social media setup, AI visibility, branding and content, and automation and remarketing.
2. Who May Use the Website
You must be at least 18 years old and able to enter a binding agreement to use our services. You agree to give accurate information when you fill out forms, request an audit or quote, or book a call.
3. Free Audits, Quotes, and Calls
Our free audit, quote, and strategy call are provided for general information and planning. They are free and come with no obligation to buy. They reflect what we can see at the time and are not a guarantee of results. We may decline or end a free offer at any time, for example, if it is misused.
4. Our Services
Each project is covered by a written proposal, order, or service agreement that sets out the scope, price, timeline, and deliverables. If these Terms and a Service Agreement conflict, the Service Agreement applies to that project. We may change, pause, or stop a service with reasonable notice.
5. No Guarantee of Results
Marketing results depend on many things we do not control, such as your market, competitors, budget, reviews, search engine and platform changes, and customer behavior. We work to improve your online presence and leads, but we do not guarantee any specific ranking, traffic, leads, sales, or revenue.
6. Advertising Budgets and Third-Party Platforms
For Google Ads, Meta Ads, and similar services, ad spend is separate from our fees and is paid directly to the advertising platform unless we agree otherwise in writing. Platforms such as Google, Meta, and others have their own rules, and they may approve, limit, or reject ads or accounts. We are not responsible for decisions or changes made by third-party platforms.
7. Client Responsibilities
To do our work, you agree to:
- Give us accurate information, content, and access in a timely way
- Own or have the right to use all materials you give us, such as logos, photos, text, and videos
- Review and approve work promptly
- Follow the laws and platform rules that apply to your business and advertising
Delays in providing materials or approvals may change the timeline.
8. Fees and Payment
Fees, payment schedules, and what is included are shown in your proposal, invoice, or checkout page. Unless stated otherwise, fees are in US dollars and are due on the dates shown. Late payments may pause our work. You are responsible for any taxes that apply. Payments are processed by third-party providers such as Stripe / PayPal, and their terms also apply.
9. Monthly Plans and Cancellation
Monthly plans renew automatically until you cancel. You may cancel at any time before your next billing date by emailing [email protected] using the link in your account. Cancelling stops future charges but does not refund amounts already paid, except as described in our refund policy.
10. Refunds
Because our work starts right away, one-time project fees are non-refundable once work begins. If we cannot deliver the agreed work, we will refund the unused part of the fee. Monthly plan fees are non-refundable for the current billing period. Ad spend paid to platforms is not refundable by us.
11. Intellectual Property
Our property. The Website, including its text, design, logos, graphics, and code, belongs to Zivdesk or its licensors and is protected by law. You may not copy, sell, or reuse it without our written permission.
Your property. You keep ownership of the materials you give us. You permit us to use them to provide your services.
Finished work. Once you have paid in full, you own the final deliverables created for you under your Service Agreement, such as your website design, brand assets, and written content. We keep ownership of our tools, templates, methods, and any third-party materials, and we grant you a license to use them as part of your deliverables. We may show non-confidential work in our portfolio unless you tell us in writing not to.
12. Acceptable Use
You agree not to:
- Use the Website for anything unlawful, harmful, or misleading
- Try to hack, overload, scrape, or interfere with the Website
- Send spam, malware, or false information through our forms
- Pretend to be another person or business
- Use our work or content in a way that breaks the law or platform rules
13. Third-Party Links and Tools
The Website may link to or work with other sites and tools, such as scheduling, payment, social media, and analytics services. We do not control them and are not responsible for their content or practices.
14. Disclaimer of Warranties
The Website and our free offers are provided. To the fullest extent allowed by law, we make no warranties of any kind, express or implied, including fitness for a particular purpose, accuracy, or uninterrupted availability.
15. Limitation of Liability
To the fullest extent allowed by law, Zivdesk and its owners, team members, and partners are not liable for indirect, incidental, special, or consequential damages, or for lost profits, revenue, data, or business opportunities. Our total liability for any claim is limited to the amount you paid us for the specific service in the 3 / 12 months before the claim. Some places do not allow these limits, so some may not apply to you.
16. Indemnification
You agree to protect and hold Zivdesk harmless from claims, losses, and costs (including reasonable legal fees) that come from your misuse of the Website, your breach of these Terms, or materials you give us that break the law or another party’s rights.
17. Termination
We may suspend or end your access to the Website or services if you break these Terms or the law. You may stop using the Website at any time. Sections that should continue after termination, such as payment, intellectual property, disclaimers, and liability, will continue.
18. Governing Law and Disputes
These Terms are governed by the laws of the State of [State], without regard to conflict-of-law rules. Before filing a claim, we both agree to try to resolve the issue informally by contacting [email protected]. Any dispute that cannot be resolved will be handled in the courts located in [County, State], unless your Service Agreement says otherwise.
19. Changes to These Terms
We may update these Terms from time to time. When we do, we will change the “Last updated” date. If a change is major, we will give a clearer notice. Using the Website after an update means you accept the new Terms.
20. Contact Us
Zivdesk
Email: [email protected]
Phone: +44 7490 815065
Address: United States
