Terms and Conditions
Terms are subject to change at any time without prior notice.
Print These Terms and Conditions for Your Records
Zambuki, LLC is an online digital marketing firm that works with clients around the United States. Our objective is to create unique and engagement content for our clients while we utilize the power of Facebook. By agreeing to partner with Zambuki, LLC, you are also agreeing to the following terms and conditions:
We will never sell, trade, or otherwise disclose personally identifiable information to anyone. We will not share your email address with any other company. We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and actions tags (also known as single pixel gifs) to determine your advertising effectiveness. Any information that these third parties collect (via cookies and action tags) is completely anonymous.
Social Media Service/Marketing Service(s):
Our content experts will create industry relevant content for your Business Facebook Page. It is our ultimate goal to ensure that all of our clients get the most out of their social media page. However, Zambuki, LLC cannot guarantee the exact position of a client's campaign, nor the number of hits, clicks, leads, or sales as an outcome of their social media efforts. There could be events outside of our control that can temporarily hinder our capacity to secure Facebook placement(s). These events may include, but are not limited to, Facebook System updates, Facebook account reviews and or restrictions, and any other events out of the direct control of Zambuki, LLC. Zambuki, LLC has no power over our client's personal website(s) and has no means of measuring the outcome of sales from our client's social media content efforts. We require our clients to keep track of their individual results by asking each and every person that contacts their business how they had found their name and phone number. Zambuki, LLC is not an entity of, nor directly affiliated with, Facebook.com. Zambuki, LLC is a privately owned marketing firm that concentrates on the construction and maintenance of marketing services for our clients on Facebook.com and other platforms. For more information about Facebook please contact our contact our Client Service Department at 727-330-2080.
Warranties and Limitation of Liability:
THE INFORMATION AND SERVICES THAT Zambuki, LLC PROVIDES ARE ON AN "AS IS" AND "AS AVAILABLE" "NO REFUND" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY ZAMBUKI, LLC, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY HEREUNDER.
IN NO EVENT WILL ZAMBUKI, LLC BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES PROVIDED BY ZAMBUKI, LLC, EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. YOU AGREE TO INDEMNIFY ZAMBUKI FROM ANY LAWSUITS INITIATED BY ANY 3rd PERSON FOR ANY CONTENT POSTED ON YOUR BEHALF.
This Order authenticates the arrangement that was made between you and our marketing specialist from Zambuki, LLC to partner in our service(s), as was recorded with your authorization. Unless explicitly contradicted by this Order Confirmation, the recorded agreement described above continues in full force and effect. Your campaign has been set up on a month-to-month basis unless and/or otherwise agreed to. All of our month-to-month agreements begin on the date that you first established participation and you will continue to be billed automatically by direct deduction on the monthly anniversary day of every month. Billing will reflect “Zambuki LLC” on your banking statement(s).
Zambuki, LLC guarantees that we will NOT increase your monthly payment, unless given your express consent. Your monthly payment will be fixed throughout the lifetime of your account. However, changes to your Facebook Management, at your request, may be subject to rate changes and additional advertisements will be subject to the then current rate even if it is different from the rate for current advertisement you may have. Any further questions regarding your account can be answered by contacting our contact our Client Service Department.
You hereby grant Zambuki, LLC non-exclusive, irrevocable, royalty-free, worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control, if needed, in order to direct traffic to your website through the Facebook Advertisement. You acknowledge Zambuki owns the copyright for any design, or product, or creation in connection with your project that Zambuki creates on your behalf. Zambuki grants you an exclusive, irrevocable, royalty-free copyrights Zambuki owns through creation of any design content for your project. If you wish to purchase the copyright for designs developed by Zambuki for your project, you may do so for a separate cost.
Authority to Bind: No employee or specialist of Zambuki, LLC or any of its divisions are authorized to offer or agree to any binding agreement without the approval of Managing Member.
This Contract is made and shall be construed and performed under the laws of the State of Oregon without giving effect to choice of law principles. The parties agree that exclusive jurisdiction and venue for any action hereunder shall lie in the Circuit Court of Florida, Pinellas County.
Failure to insist upon strict compliance with any term or condition of this Contract shall not constitute a waiver of such term or condition, nor shall any waiver or relinquishment of any right or power under this Contract at any one or more times be deemed a waiver of relinquishment of such right or power at any other time.
If you have questions on your account, please contact our Client Service Department.
Customer has the duty promptly to communicate and cooperate with Zambuki in approving or rejecting the artwork and content for Customer’s campaign. Time is of the essence. Customer acknowledges that Zambuki expends resources of time and money to initiate Customer’s campaign, including but not limited to prepaying third-party vendors for services. Once Zambuki notifies customer of the proposed artwork and content for Customer’s campaign, Customer has five (5) business days to accept or reject the artwork and content. Customer agrees to exercise good faith in the decision whether to accept or reject. If Customer does not accept or reject the proposed artwork and content within five (5) business days, Customer will be deemed to have accepted the artwork and received the services as promised by Zambuki. If Customer fails to communicate with Zambuki, Zambuki has the right to receive full payment of the startup cost and first month for Customer’s campaign and to cancel Customer’s account. If Customer rejects the proposed artwork and content, Customer agrees to provide specific and reasonable proposed changes. If Customer unreasonably rejects the proposed artwork and content, or insists upon artwork or content that violates the Content Policy herein, Zambuki shall be entitled to retain the entire startup cost for Customer’s campaign.
Zambuki warrants that all artwork and content for customer’s campaign does not violate any known intellection property ownership. Customer warrants that no information provided to Zambuki is in violation of any copyright, trademark, or other intellectual property ownership.
Customer shall be fully responsible and liable for the content contained in Customer’s Business Page or Website. Zambuki is not responsible for, and in no way warrants, guarantees, or ratifies, the representations made or implied in the contents of Customer’s Business Page or Website.
Facebook Pages shall not contain:
(i) any content promoting the use of alcohol, tobacco or illegal substances; nudity, sex, pornography, or adult-oriented content;
(ii) any content which is explicative or inappropriate language;
(iii) content promoting illegal activity, racism, hate, "spam", mail fraud, pyramid schemes, or investment opportunities or advice which is not permitted under law;
(iv) content that is libelous, defamatory, contrary to public policy or otherwise unlawful or any other content deemed inappropriate by the Zambuki in its sole discretion.
Customer is required to track their own results. Tracking results means: keeping a up-to-date and accurate call log, with their potential customer’s name, phone number, time and date they called.
It is your responsibility to update Zambuki, LLC with any and all changes to your customer information, including but not limited to, your personal and professional contact information, your subscribed website address, and your payment information.
Upon placing your order to subscribe to your campaign, you will be charged a one time setup fee. Your date of subscribing is your monthly anniversary date for billing purposes. After the first 30 day period in the subscription, your credit card will be automatically charged for the first month payment, and thereafter each monthly anniversary date for as long as the subscription is active.
If your payment fails for any reason, your campaign will be brought offline as we attempt to contact you to collect updated payment information. This does not negate your obligation to pay any and all monies owed to Zambuki, LLC. If your account is not brought current within 3 days we have the right to immediately disable all of your marketing and turn your account over to a collections agency.
Credit Card Dispute/Chargeback Policy:
Zambuki takes credit card dispute fraud or “friendly fraud” very seriously. Our marketing packages are very specific in terms of promised services and deliverables. Zambuki takes pride in the on-time delivery and diligent record keeping of said deliverables. In the event of a credit card dispute that is not warranted, Zambuki reserves the right to automatically deduct a dispute fee in the amount of $250 per disputed transaction. In accordance with civil law, Zambuki also reserves the right to pursue the full amount (plus dispute fees) of any and all disputed payments in Oregon civil courts, regardless of a bank’s decision on the dispute.
ZAMBUKI RESERVES THE RIGHT TO AUTOMATICALLY CHARGE CUSTOMER’S CREDIT CARD ANY LEGAL AND PROCESSING FEES ASSOCIATED WITH FIGHTING A DISPUTED CHARGE FILED BY CUSTOMER AND OR THEIR BANK.
Zambuki, LLC collects your payment on your monthly anniversary date for the prior month. Further, Zambuki LLC prepays suppliers for services rendered during your campaign at the beginning of each 30 day period. Therefore, cancellation requests must be received in advance. If you wish to cancel, please note that it will not stop the next charge because the we submit the charge for processing at the end of the month the service was provided. To cancel for the next month, any cancellation request MUST be received by Zambuki, LLC at least three (3) business days prior to your monthly anniversary date, by contacting 727-330-2080. If timely made, a cancellation request will stop all services for the coming month and you will not be charged for the coming month at the end of that month, though you will still be charged for the final month of your service at the end of that month. If notice is not timely made, your next month of services will automatically process because Zambuki LLC will not have time to stop the services and you will be charged for an additional month.