Agreement to Terms
These Terms of Service ("Terms") govern your access to https://zexers.com/ and your use of services offered by ("Zexers," "we," "us," or "our"). By accessing our website or engaging our services, you agree to these Terms. If you do not agree, do not use our website or services.
Services
Zexers provides performance marketing services, which may include paid search management, campaign strategy, SEO, landing page optimization, conversion rate optimization, funnel development, analytics, and related consulting. Specific scope, deliverables, timelines, and fees are defined in a separate proposal, statement of work, or service agreement signed by both parties.
We do not guarantee specific results, rankings, lead volumes, or revenue outcomes. Marketing performance depends on many factors outside our control, including market conditions, competition, budgets, offers, and client operations.
Client Responsibilities
You agree to:
- Provide accurate information and timely access to accounts, assets, and approvals needed to perform services.
- Ensure you have rights to use all creative materials, trademarks, and data you supply to us.
- Comply with applicable laws and advertising platform policies (including Google Ads policies).
- Review and approve campaigns, landing pages, and tracking implementations in a timely manner when required.
Fees & Payment
Fees, billing cycles, and payment terms are specified in your service agreement. Unless otherwise stated, invoices are due upon receipt. Late payments may result in paused work or suspension of campaigns. Ad spend paid directly to advertising platforms is separate from our management fees unless explicitly included in writing.
Confidentiality
Each party agrees to protect confidential business information shared during the engagement and to use it only for purposes of delivering or receiving services. Confidentiality obligations do not apply to information that is publicly available, independently developed, or lawfully obtained from a third party without restriction.
Intellectual Property
Unless otherwise agreed in writing, you retain ownership of your pre-existing materials and brand assets. Upon full payment, deliverables created specifically for you under a paid engagement (such as custom landing page copy or creative developed for your campaigns) are assigned to you, excluding our pre-existing tools, frameworks, methodologies, and general know-how.
We may display anonymized or aggregated performance metrics and general descriptions of work in portfolios or marketing materials unless you object in writing.
Third-Party Platforms
Services may involve third-party platforms (for example, Google, Meta, or analytics providers). Your use of those platforms is subject to their terms and policies. We are not responsible for platform outages, policy changes, account suspensions, or actions taken by third parties.
Disclaimer of Warranties
Our website and services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.
Limitation of Liability
To the maximum extent permitted by law, Zexers and its team members shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or business opportunities arising from or related to these Terms or our services.
Our total liability for any claim arising out of or relating to services provided under a specific agreement shall not exceed the fees paid by you to Zexers for those services in the three (3) months preceding the event giving rise to the claim, unless a different limit is set forth in your signed service agreement.
Indemnification
You agree to indemnify and hold harmless Zexers from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your materials, products or services, misuse of advertising accounts, violation of laws or platform policies, or breach of these Terms, except to the extent caused by our gross negligence or willful misconduct.
Termination
Either party may terminate a service engagement according to the notice period specified in the applicable service agreement. Upon termination, you remain responsible for fees owed for work performed and any non-cancellable third-party costs. We will provide reasonable transition assistance if requested and agreed in writing.
Governing Law
These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict-of-law principles. Any dispute arising under these Terms shall be brought in the state or federal courts located in Wyoming, and you consent to personal jurisdiction in those courts.
Changes to These Terms
We may update these Terms from time to time. The "Last updated" date reflects the latest revision. Continued use of the website after changes constitutes acceptance of the updated Terms.
Contact
Questions about these Terms may be directed to at info@zexers.com.