TERMS AND CONDITIONS OF SERVICES

OUR TERMS

Welcome to Zerotozenith Media’s website zerotozenithmedia.com.

These “Terms and Conditions of Services” (the “Agreement”) regulate and control your access and general use of the “Zerotozenith Media”. The inclusion of terms such as “We,” “Our,” “Us,” and “Company” in this “Terms of Service” document signifies the representation of “Zerotozenith Media.” By using terms like “You,” “Your,” or “Client” in these “Terms and Conditions,” we imply that you, the user or client of “Zerotozenith Media,” are being represented.
The User Terms of Service (“Terms”) serve as a legally binding contract between you and “Zerotozenith Media.” They provide clear guidelines for your use of our Service and Website. By accessing or using the Service and Websites, you acknowledge and agree to adhere to these Terms and confirm your understanding of our Privacy Policy.
If you do not agree to these Terms, please do not access or use the Service or Website.

USER REPRESENTATIONS

When using the Site, you agree to:
  1. Have the legal capacity and follow the Terms of Use.
  2. Be of legal age according to your jurisdiction’s laws.
  3. Do not use automated or non-human methods to access the Site.
  4. Not participate in illegal or unauthorized activities on the Site.
  5. Do not violate any relevant laws or regulations while using the Site.
If you provide any false, incorrect, outdated, or incomplete information, we reserve the right to suspend or terminate your account. Furthermore, we retain the right to deny any present or future utilization of the Site (or any part thereof).

SERVICES WE OFFER

We offer various services on our website, such as Website Services/Software Development, Digital Marketing, Video Marketing, SEO, Data Science, Analytics, and Machine Learning Services. You can also schedule and book a FREE consultation session on our website and get guidance from our experts on how to run and grow your business.
We also provide website content development services that are not listed on our website. If you need us to write content and blogs for your website, we provide a separate offer price. To avail of the website content development service, you need to write us an email at [email protected] or [email protected].
The terms and conditions for using those services will be the same as our other program’s terms and conditions. Alternatively, we can proceed with those services by signing an additional service agreement/contract.

CUSTOMER RESPONSIBILITY

a.  You must certify that all the information you provide on this Platform is true,
complete, and accurate. Moreover, you are required to promptly notify us of any changes to this information.
b.  It is your responsibility to ensure that any services, content or information available through our platform or services shall meet your specific requirements.
c.  You agree to act responsibly and legally when using our services. You must adhere to all relevant laws, regulations, and rules when using our services. You must also refrain from using our platform for any illicit activities or engaging in any behavior that could result in legal repercussions in the jurisdictions accessible through our platform. Furthermore, your usage should not be detrimental, offensive, or inconvenient to any other internet user.
d.  You agree not to use the Platform to:
  1. Create a false identity on the Platform, impersonate any person or entity or falsely state or otherwise misrepresent yourself, your name, your age or your affiliation with any person or entity.
  2. Use the Platform for any illegal purpose, criminal or tortious activity, including but not limited to, fraud, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets.
  3. Upload, post, email, transmit or otherwise make available any content or initiate communications that include information that you do not have the right to disclose or make available under any law or contractual or other relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or which infringes any intellectual property rights.
  4. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.
  5. Upload, post, email, transmit or otherwise make available any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code, files or programs designed to interrupt, destroy, limit or adversely affect the functionality of any computer software or hardware or telecommunications equipment.
  6. Attempt to gain unauthorized access to the Platform, in particular the non-public areas, the server on which the Platform is stored or any server, computer or database connected to the Platform.
  7. Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
    viii. Interfere with or disrupt our services or servers or networks connected to this Platform, or disobey any requirements, procedures, policies or regulations of networks connected to this Platform.
  8. Use in connection with the Platform any pirated software or any copyrighted materials or counterfeit materials without the permission of the copyright holder.
  9. Use in connection with the Platform any materials which in any way infringe the copyright, other intellectual property rights or proprietary rights of a third party or which may otherwise render us liable to the payment of damages to any third party.
e.  We reserve the right to investigate and take appropriate legal action against anyone who, in our opinion, violates this provision, including, without limitation, reporting you to appropriate law enforcement authorities.
f.  We reserve the right to remove or suspend any material posted which is, in our sole opinion, in breach of this clause, or which we suspect to be in breach of this clause at our absolute discretion. We shall be entitled to terminate your registration for breach of this clause.

SERVICE FEES, PAYMENT AND REFUND POLICY
 

a. Service Fees: You agree to pay service fees for the services we offer on our
website. Our website offers fixed pricing for the services we provide, and any modifications or changes to the work required will incur additional charges.

In case any payment is due upon receipt of the invoice, we reserve the right to cease work without prejudice if the amounts are not paid when due. The pricing of services we offer shall not be constant and can be changed from time to time.

b. Payment: By purchasing a Service through our websites, you represent and warrant that you are authorized to use the PayPal or Credit Card payment method. The payment amount may include taxes and any other amounts described on our website.

If we are unable to verify or if your designated PayPal account or credit card account is invalid or deemed unacceptable, we may automatically suspend or cancel your order. You are responsible for resolving any problems we encounter when processing your order.

You understand and agree that the payment methods available are limited to what Zerotozenith Media has chosen to accommodate with the online payment system. Late payments will be subject to a late fee of ten percent (10%) of the total amount due. Failure to pay Zerotozenith Media shall not obligate Zerotozenith Media to indemnify you for any losses. 

c. Refund Policy: We ensure complete customer satisfaction with every transaction that you make with us. If for any reason you are not satisfied, please write to us. You have the right to cancel any order prior to the project kick-off date provided in the proposal document or Invoice and if you do so, your payment will be refunded in full.

For projects that have kicked off, written notice of 14 days must be given before the termination of services. In this case, you will still be responsible for any payments due resulting from Services provided during this period. Zerotozenith Media will be responsible for continuing to provide Services during this time.

Any cancellations of the services can be done by writing an email at [email protected] or [email protected].

OUR RESPONSIBILITY FOR RELEASES

We shall obtain releases, licenses, permits, or other authorization to use testimonials, copyrighted materials, photographs, artwork, or any other property or rights belonging to third parties obtained by us for use in performing services for you (If applicable).

CUSTOMER RESPONSIBILITY

By engaging our services, you agree that you have reviewed any relevant information pertaining to the services provided by Zerotozenith Media and understands the general creative approach Zerotozenith Media will take. Dissatisfaction with the creative approach, the direction, or the decisions made by Zerotozenith Media related to Services Provided, or with any other aspect of the services provided does not constitute a valid reason for failure to abide by this Terms.

Regarding your project that you engage our services, you guarantee that all elements of text, images, or other artwork you provide are either owned by yourself or that you have permission to use them. Then, when your final payment for a project has cleared, the copyright will be automatically assigned as follows: You’ll own the visual elements that we created for your project. We’ll give you source files and finished files, and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of the text, images, and data you provide unless someone else owns them. We’ll own the unique combination of these elements that constitutes a complete design, and we’ll license that to you, exclusively and in perpetuity, for the specific project only, unless we agree otherwise.

MUTUAL COOPERATION

We agree to use our best efforts to fulfill and exceed your expectations on any project-specific deliverables. You agree to aid us in doing so by making available to us the needed information about your project and to cooperate with us in expediting the work.

We understand that relationships may encounter unexpected challenges, leading to disagreements. You agree to commit to initially resolving disputes through sincere negotiations within thirty (30) days of the dispute’s occurrence. If negotiation proves unsuccessful, both parties agree to resolve the dispute through binding arbitration.

PHOTOGRAPHS

For your projects that need photographs, you agree to supply graphic files to us in an editable, vector digital format. Photographs must be in a high-resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries and styles of photographs/images. If you’d like us to search for photographs for you, we can provide a separate estimate for that. Except specified in the proposal, the cost of buying stock photographs is not included in our contracts with clients.

CHANGES AND REVISIONS

We understand that fixed-price contracts can sometimes restrict your flexibility and ability to adapt to evolving project needs. We aim to provide you with the freedom to make informed decisions and adjustments as necessary. For our projects, the initial contract price is based on our estimated time for completing the specified project tasks. Should you wish to modify or introduce new elements, we are open to accommodating those changes and we will provide a separate estimate to encompass any additional work required, which you agree to consider proceeding with the specific project.

ERRORS

While we strive for excellence, it’s important to acknowledge the possibility of human errors in our work. We wish to clarify that we cannot accept responsibility for any resulting damages, including but not limited to lost profits or savings, which may be of a consequential or special nature. Even in cases where you have communicated such damages to us, you acknowledge that we cannot be held liable, either directly or on behalf of any third party.

CONFIDENTIALITY

Zerotozenith Media commits to upholding the utmost confidentiality regarding any client-specific information, refraining from any form of disclosure, revelation, or utilization of Confidential Information without prior Client consent. We shall endeavor to maintain strict confidence surrounding the Client’s Confidential Information and to employ safety measures for its protection against any potential risks, including but not limited to disclosure, misuse, espionage, loss, or theft.

Furthermore, Zerotozenith Media acknowledges its ongoing responsibility, extending beyond the tenure of its engagement, to diligently safeguard any proprietary or confidential information or data that may be generated by our team in the course of serving our valued customers.

PRIVACY

Your use of the Website and Services is subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using the Website, you consent to the collection and use of your data as described in the Privacy Policy.

COPYRIGHT AND TRADEMARK LAWS

All content, design, logo, image, graphic, video content, and all the other elements of the Website are legally owned by “Zerotozenith Media” and protected under intellectual property laws of Canada and other applicable International Copyrights laws.

You shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from us electronically or otherwise without prior written consent. No content shall be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without prior written consent. Any unauthorized use of any such information appearing on this website such as trademark, logo, content, image, graphic, photographs, etc., will be deemed to violate copyright laws of Canada and other applicable International Copyrights laws.

THIRD-PARTY LINK

Our website may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of such websites or resources or for the content, products, or services on or available from those other websites or resources.

We have not reviewed all the sites linked to this website and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us. Use of any such linked website is at the user’s own risk.

LEGAL LIMITATIONS

Some jurisdictions do not allow some of the exclusions or limitations established in these “Terms of Services” or some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.

We may plead these “Terms of Services” in a bar to any claim, action, proceeding, or suit brought by you, against us for any matter arising out of any complaint or otherwise in respect of these “Terms of Services”.
 

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU UNDERSTAND AND AGREE THAT USING THIS SITE AND ITS SERVICES IS RISKY. THIS SITE AND ITS SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS. ZEROTOZENITH MEDIA AND ITS STAFF DO NOT GUARANTEE ANY SPECIFIC WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ZEOTOZENITH MEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT
(I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE,
(II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR
(III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY US, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND CONCERNING THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL “ZEROTOZENITH” BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNITY

You agree to protect, defend, indemnify and hold harmless “Zerotozenith Media” and its officers, directors, employees, agents, and third-party service providers from and against any claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Us directly or indirectly arising from:
i. Your use of and access to this Site or the Services found on this Site;
ii.Your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or
iii.Your violation of any third-party right, including without limitation any intellectual property or other proprietary right.
 
The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

SEVERABILITY

If any provision of this Agreement is invalid or unenforceable or prohibited by law, it shall be treated for all purposes as severed from this Agreement and ineffective to the extent of such invalidity or unenforceability, without affecting in any way the remaining provisions hereof, which shall continue to be valid and binding.

GOVERNING LAW AND JURISDICTION

These “Terms of Services” will be governed by and shall be interpreted by relevant laws of Ontario and Alberta Canada, without regard to the United Nations Convention on Contracts for the International Sale of Goods and other international law where applicable and necessary to enforce these “Terms and Conditions of Services” and our “Privacy Policy.” For all claims arising out of or in connection with the services provided, jurisdiction shall lie exclusively with the courts located in Alberta, Canada.
 

CHANGE OF OWNERSHIP

In the event of a change of ownership or control of all or a part of Zerotozenith Media, including without limitation through acquisition, merger, or sale, we reserve the right to transfer all or part of the User Data and Public Data we store in our systems. You acknowledge that in the event of bankruptcy, insolvency, or receivership, we may have no control over the use and transfer of your personal information.
 

MODIFICATIONS IN THE TERMS OF USE

We reserve the right to modify or update these Terms and Conditions of Services at any time. Such modifications and revisions are effective immediately upon publication or posting in the relevant areas of the website. The continued use of the Website after such modifications constitutes your acceptance of the updated Terms.

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these “Terms and Conditions of Services” shall not constitute a waiver of such right or provision. These “Terms and Conditions of Services” and any policies or operating rules posted by us on this site or concerning the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the “Terms and Conditions of Services”).

CONTACT US

If you have questions or comments about this policy, you may email us at [email protected] or [email protected] or by post to:

5063 North Service Road, Suite 100,
Burlington, L7L 5H6, Ontario, Canada
 
Or
 
House 32b, Road 2, Ikota Villa Estate,
Ikota, Lekki, Lagos State, Nigeria

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Address

5063 North Service Road, Suite 100,
Burlington, L7L 5H6, Ontario, Canada

House 32b, Road 2, Ikota Villa Estate, Ikota, Lekki, Lagos State, Nigeria

Phone

+1 437 886 5242
+234 803 612 3861