1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and ZolukoWeb LLC ("Company," "we," "us," or "our"), a limited liability company organized under the laws of the State of Arizona with its principal place of business in Gilbert, Arizona. By accessing or using our website at zolukoweb.com and any related services (collectively, the "Services"), you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.
2. Description of Services
ZolukoWeb LLC provides digital marketing, web design, web development, search engine optimization, content creation, CRM implementation, and related digital services for businesses. Specific services, deliverables, timelines, and investment are defined in individual service agreements, proposals, or statements of work executed between the Company and the Client.
3. Client Obligations
By engaging our Services, you agree to:
- Provide accurate, complete, and timely information necessary for the performance of Services
- Respond to requests for feedback, approvals, and content within reasonable timeframes
- Maintain confidentiality of any login credentials, API keys, or access credentials provided by the Company
- Ensure that all content, materials, and assets you provide do not infringe upon any third-party intellectual property rights
- Pay all invoices in accordance with the payment terms specified in your service agreement
4. Intellectual Property
4.1 Company Intellectual Property
All proprietary tools, methodologies, software, frameworks, templates, and processes developed by ZolukoWeb LLC, including but not limited to Brand Brain, SchemaReports, AI Takeoff Builder, Smart Stack, and associated code libraries, remain the exclusive intellectual property of ZolukoWeb LLC. No license, right, or interest in such proprietary technology is granted to the Client except as expressly stated in a written service agreement.
4.2 Client Deliverables
Upon full payment of all applicable fees, the Client receives ownership of custom deliverables specifically created for the Client, including website designs, custom graphics, written content, and configured systems as specified in the applicable service agreement. This transfer of ownership does not include underlying proprietary tools or frameworks used to create such deliverables.
4.3 Portfolio Rights
ZolukoWeb LLC retains the right to display and reference completed work in its portfolio, case studies, and marketing materials unless otherwise agreed in writing.
5. Payment Terms
Payment terms are specified in individual service agreements. Unless otherwise stated:
- Invoices are due upon receipt unless a net payment term is specified
- Late payments are subject to a late fee of 1.5% per month on the outstanding balance
- The Company reserves the right to suspend or terminate Services for accounts with balances overdue by more than 30 days
- All fees are non-refundable unless expressly stated otherwise in the applicable service agreement
- The Company may adjust investment with 30 days written notice for ongoing service agreements
6. Limitation of Liability
To the maximum extent permitted by applicable law, ZolukoWeb LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities, arising out of or related to these Terms or the use of our Services, regardless of the theory of liability. The Company's total aggregate liability under these Terms shall not exceed the total amount paid by the Client to the Company during the twelve (12) months immediately preceding the event giving rise to the claim.
7. Warranty Disclaimer
Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. ZolukoWeb LLC does not warrant that: (a) Services will meet your specific requirements; (b) Services will be uninterrupted, timely, secure, or error-free; (c) any specific results, rankings, traffic levels, or revenue outcomes will be achieved; or (d) any errors in the Services will be corrected.
8. Indemnification
You agree to indemnify, defend, and hold harmless ZolukoWeb LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of our Services; (b) your breach of these Terms; (c) your violation of any applicable law or regulation; or (d) any content or materials you provide to us.
9. Termination
Either party may terminate a service agreement as specified in the terms of that agreement. Upon termination:
- All outstanding invoices become immediately due and payable
- The Company will provide reasonable assistance in transitioning services, subject to payment of applicable fees
- The Client retains ownership of paid-for deliverables as specified in Section 4.2
- Confidentiality obligations survive termination
- The Company may retain copies of work product for portfolio and archival purposes as specified in Section 4.3
10. Confidentiality
Both parties agree to maintain the confidentiality of proprietary information exchanged during the course of the engagement. Confidential information includes business strategies, client lists, financial information, proprietary methodologies, and any information designated as confidential. This obligation does not apply to information that is publicly available, independently developed, or rightfully received from a third party.
11. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to natural disasters, acts of government, internet outages, cyberattacks, pandemics, or other events of force majeure.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions. Any dispute arising out of or related to these Terms shall be resolved through binding arbitration in Maricopa County, Arizona, in accordance with the rules of the American Arbitration Association. The prevailing party shall be entitled to recover reasonable attorneys' fees and costs.
13. Modifications to Terms
ZolukoWeb LLC reserves the right to modify these Terms at any time. Material changes will be communicated to active clients via email or through our website. Continued use of our Services after such modifications constitutes acceptance of the updated Terms.
14. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
15. Entire Agreement
These Terms, together with any applicable service agreements, proposals, or statements of work, constitute the entire agreement between you and ZolukoWeb LLC regarding the subject matter hereof and supersede all prior or contemporaneous understandings and agreements, whether written or oral.
16. Contact Information
For questions regarding these Terms of Service, contact us at:
ZolukoWeb LLC
Gilbert, AZ 85234
Phone: (623) 887-9994
Email: legal@zolukoweb.com
Website: zolukoweb.com