TERMS & CONDITIONS

These Terms & Conditions (“Terms”) govern your use of the website zmxdigi.online (the “Site”) and the services offered by ZMX DIGI (“we,” “us,” “our,” or “the Agency”).

1. Acceptance of Terms

By submitting a proposal, signing a service agreement, making a payment, or otherwise engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with any specific Service Agreement or proposal provided to you.

2. Services & Deliverables

  • Scope of Work: Specific services, deliverables, timelines, and performance metrics will be detailed in a separate Service Agreement, Statement of Work (SOW), or Proposal. These Terms are incorporated into any such agreement.

  • Client Responsibilities: You agree to provide timely access to necessary information, website credentials, materials, and approvals required for us to perform the services. Delays caused by you may impact timelines and results.

  • Industry Understanding: You acknowledge that search engine algorithms and the digital marketing landscape change frequently. We employ ethical, best-practice strategies (“white-hat SEO”), but we do not guarantee specific search engine rankings, click-through rates, or traffic levels. We do not control search engines like Google, and their policies can change without notice.

3. Fees & Payment Terms

  • Fees: All fees for services are as specified in your Service Agreement. Fees are typically quoted and charged monthly, quarterly, or per-project.

  • Payment: Invoices are due upon receipt unless otherwise specified. A late payment fee of [e.g., 1.5% per month] or a flat fee may be applied to overdue balances.

  • Payment Authorization: By providing credit card or payment details, you authorize us to charge the agreed-upon fees for the duration of the service term.

  • Refunds:  We want you to be satisfied with our services. We offer a full refund within 7 days of your initial purchase if you are not satisfied with the preliminary audit or setup. After this period, fees are non-refundable except as required by law.

4. Term, Termination, & Cancellation

  • Term: The initial service term is as outlined in your Service Agreement (e.g., 6 or 12 months). After the initial term, services may continue month-to-month unless terminated by either party.

  • Termination for Cause: Either party may terminate the agreement with written notice if the other party breaches a material term and fails to cure the breach within [e.g., 14 days] of written notice.

  • Client Cancellation: You may cancel services by providing [e.g., 30 days] written notice. You remain responsible for all fees incurred during the notice period and any outstanding balances.

  • Our Right to Terminate: We reserve the right to suspend or terminate services immediately for non-payment, abusive behavior, or if you engage in illegal or unethical business practices.

5. Intellectual Property

  • Pre-Existing Property: Each party retains ownership of its pre-existing intellectual property.

  • Deliverables: Upon full payment of all fees, you own the final deliverables specifically created for you (e.g., a written report). However, we retain ownership of our proprietary methodologies, tools, templates, knowledge, and any pre-existing or generalized materials used to create your deliverables.

6. Confidentiality

Both parties agree to hold each other’s confidential business information in strict confidence and not to disclose it to third parties or use it for any purpose other than performing under these Terms. This obligation survives termination of the agreement.

7. Client Representations & Warranties

You represent and warrant that:

  • You have the authority to enter into this agreement.

  • You own or have legal rights to your website and all its content.

  • Your website and business operate in compliance with all applicable laws.

8. Disclaimers & Limitation of Liability

  • Disclaimer of Warranties: Our services are provided “as is” and “as available.” We disclaim all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

  • Limitation of Liability: To the maximum extent permitted by law, our total liability to you for any claim arising from these Terms or our services shall be limited to the total fees you have paid us in the [e.g., six (6)] months preceding the event giving rise to the claim. In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits or data, even if advised of the possibility of such damages.

9. Indemnification

You agree to indemnify, defend, and hold harmless the Agency and its officers, directors, and employees from any claims, damages, or expenses (including reasonable attorneys’ fees) arising from: (a) your breach of these Terms, (b) your use of our services, or (c) your violation of any law or third-party rights.

10. General Provisions

  • Independent Contractor: We are an independent contractor, not your employee, partner, or joint venturer.

  • Modifications: We reserve the right to modify these Terms at any time. Continued use of the Site or services after changes constitutes acceptance.

  • Governing Law: These Terms shall be governed by the laws of Morocco, without regard to its conflict of laws principles.

  • Severability: If any provision is found unenforceable, the remaining provisions remain in full effect.

  • Entire Agreement: These Terms, along with any signed Service Agreement, constitute the entire agreement between us regarding the subject matter.

11. Contact Information

For questions about these Terms, please contact:

Email: contact@zmxdigi.online