These Terms & Conditions (“Terms”) govern your access to and use of the website at zabmunk.com and any services provided by Zabmunk LLC (“Zabmunk,” “we,” “us” or “our”). By using the Site or engaging our services, you agree to these Terms. If you do not agree, please do not use the Site.
1. Definitions
“Services” means the digital marketing services we agree to provide, including SEO, paid advertising, social media, content, email and web development. “Client,” “you” or “your” means any person or entity using the Site or engaging our Services. “Agreement” means these Terms together with any proposal, statement of work or order you accept.
2. Use of the Site
You agree to use the Site lawfully and not to: (a) disrupt or attempt to gain unauthorised access to the Site or its systems; (b) copy, scrape or republish content without permission; or (c) use the Site to transmit harmful, unlawful or infringing material. We may suspend or restrict access if these Terms are breached.
3. Services & proposals
The specific scope, deliverables, timelines and pricing for any engagement are set out in a written proposal or statement of work. Where a proposal conflicts with these Terms, the proposal controls for that engagement. Estimates of results are based on experience and are not guarantees (see Disclaimers).
4. Fees & payment
- Fees, billing cycles and any third-party media spend are stated in your proposal.
- Unless agreed otherwise, invoices are due within the period stated on the invoice. Late amounts may incur reasonable interest and suspension of Services.
- Media/ad spend payable to platforms (e.g. Google, Meta) is separate from our management fees and is the Client’s responsibility unless expressly included.
- Fees are exclusive of applicable taxes (including VAT or sales tax), which you are responsible for paying.
5. Client responsibilities
To deliver effectively, we rely on you to provide timely access, approvals, brand assets and accurate information, and to maintain the platform accounts required for the Services. Delays in providing these may affect timelines and results.
6. Intellectual property
All content on the Site is owned by or licensed to us and protected by intellectual-property laws. For client work, deliverables we create become your property upon full payment, except for our pre-existing materials, tools and know-how, which remain ours and are licensed to you for the agreed use. Third-party assets remain subject to their own licences.
7. Confidentiality
Each party agrees to keep the other’s non-public information confidential and to use it only to perform under the Agreement. This obligation does not apply to information that is public through no fault of the receiving party or that must be disclosed by law.
8. Third-party platforms
Our Services often involve third-party platforms and tools. We do not control these platforms, their policies, pricing or availability, and we are not responsible for changes they make or actions they take (such as account suspensions). Your use of those platforms is subject to their terms.
9. Disclaimers
The Site and Services are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose. We do not guarantee specific rankings, traffic, leads, sales or other results, which depend on many factors outside our control.
10. Limitation of liability
To the fullest extent permitted by law, Zabmunk will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits or revenue. Our total liability arising out of or relating to the Services will not exceed the fees you paid to us for the Services in the three (3) months preceding the event giving rise to the claim. Nothing in these Terms excludes liability that cannot be excluded by law.
11. Indemnification
You agree to indemnify and hold harmless Zabmunk and its team from claims, damages and expenses arising from materials you provide, your use of the Services, or your breach of these Terms or applicable law.
12. Term & termination
Either party may terminate an engagement as set out in the applicable proposal, or with reasonable written notice where none is specified. Upon termination, you remain responsible for fees and committed media spend incurred up to the effective termination date. Sections that by their nature should survive (including IP, confidentiality, disclaimers and liability) will survive termination.
13. Governing law
For Clients contracting with our US office, these Terms are governed by the laws of the State of Florida, USA, and disputes are subject to the courts located there. For Clients contracting with our UK office, these Terms are governed by the laws of England and Wales, and disputes are subject to the courts of England and Wales. The applicable office is identified in your proposal.
14. Contact us
Questions about these Terms? Contact us:
- Email: info@zabmunk.com
- Phone: +1 (575) 573-9013 (US) · +44 7782 272479 (UK)
- United States: 7901 4th St N, STE 19234, St. Petersburg, FL 33702
- United Kingdom: Office 16471, 182-184 High Street North, East Ham, London, E6 2JA