Terms and Conditions of Services Agreement Provided by Zoek Marketing, LLC.

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This Terms and Conditions of Services Agreement (the “Agreement”), when executed by the parties hereto, shall be effective upon signing of the Purchase Order (the “Purchase Order”) by both parties and shall serve as Terms and Conditions of Purchased Services contractual agreement between Zoek 530 Technology Dr. Irvine CA 92618 (www.gozoek.com) (hereinafter referred to as "Zoek"); and the Client (hereafter referred to as the “Client”). Zoek and Client may be referred to as the “Parties” in this Agreement.

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1. ACCEPTANCE, TERMS, AND CONDITIONS OF CONTRACT: This agreement consists of the terms, conditions, specifications, and obligations of the purchase order between Zoek and the Client. Considering the mutual obligations set out in this agreement, you accept and agree to our services in accordance with this agreement, which you acknowledge you have fully read and understood. Zoek’s receipt of the signed Purchase Order from the Client shall constitute acceptance of this Agreement. 
 

2. AUTHORIZATION FOR USE: Zoek may use any work performed by Zoek as an example on Zoek’s website and marketing materials, which consists of but is NOT limited to emails, videos, photos, presentations, press releases, promotional collateral, etc., as an example of provided design work and/or as a part of a case study. The Client authorizes the use of completed projects by Zoek on their company website as a sample and/or case study of work completed by Zoek. 
 

3. LEGALITIES LIABILITY: Zoek is not liable to the Client for any consequential damages resulting from a breach of this agreement, including, but not limited to, direct or indirect damages for loss of business profit, personal injuries, business interruptions, state licensing requirements, or any other loss resulting from the use or inability to use Zoek’s services. Given the difficulty of calculating damages from a breach, the parties agree that any damages shall be limited to the amount actually paid by the Client to Zoek except for overdue invoices for services rendered. 
 

4. ARBITRATION: It is understood and agreed upon that the parties’ relationship shall be governed by the laws of the State of California. Any and all arbitration or litigation arising from this contract is governed by the laws of the State of California and shall be determined by the application of those laws. Any dispute or claim arising out of or relating to this contract shall be resolved through binding arbitration with the American Arbitration Association under its Commercial Rules of Arbitration. Judgment upon the award may be submitted to any court having jurisdiction. The arbitration will be conducted in the English language in the County of Orange in the State of California. There shall be three arbitrators named in accordance with AAA rules.
 

5. GOVERNING LAW, JURISDICTION, AND VENUE: This Agreement and the rights of the parties hereunder shall be governed by and interpreted in accordance with the internal laws of the State of California, without regard to its conflict of laws rules or choice of law principles. Exclusive jurisdiction and venue for any claims made by either party against the other shall be within the state and federal courts located in the State of California. 
 

6. PARAGRAPH HEADING AND CAPTION: Paragraph headings and captions contained in this Agreement are inserted only as a matter of convenience and in no way define, limit, or extend the scope or intent of this Agreement or any provision thereof.
 

7. FORCE MAJEURE: Zoek shall not be liable to the other for any failure, inability, or delay in performing hereunder if caused by any cause beyond the reasonable control of the party so failing, including, without limitation, an Act of God, war, strike, or fire; but due diligence shall be used in curing such cause and in resuming performance.
 

8. SURVIVAL: Provisions of this Agreement, the performance of which by either or both parties, or by their sense and context, are intended to survive, will survive the completion, expiration, termination or cancellation of this Agreement.
 

9. BILLING TERMS: All amounts due under this Agreement shall be billed and paid for adhering to these terms, conditions, and payment information. 
 

a. General Payment Information

i. The transaction on your statement will have Zoek in the title.
 

ii. Payment information can be changed at any time by notifying a Zoek representative.

iii. If at any time a second form of payment is provided, Zoek will use this form of payment should the initial form of payment provided not go through.

iv. It is understood and agreed upon that should the Client no longer work with the company (the business) named in this contract, the company understands that they are still responsible for the payments for the duration of the contract until the full payment is made.

 

b. Failed or Missed Payments

i. If a payment does not go through on the contract's agreed billing date, the Client is still responsible for making each payment until the total purchase price is paid off. 
 

ii. Any payment that does not go through may incur a 12% interest charge if not paid within one month of the initial failed payment date.
 

iii. Any payment that does not go through and remains delinquent of payments within 45 days will be sent to a 3rd party Collection Company. The Client understands that any damages done to personal or business credit at this point are the Client's sole responsibility.
 

iv. Zoek will allow the Client 2 months to pay off the debt of the contract to Zoek before submitting information to a 3rd party collection company.
 

v. Once an account is sent to a 3rd party collection company, Zoek can no longer communicate with the Client regarding the delinquent account and all matters will need to be settled with the 3rd party collection company.
 

vi. Any litigation or collection activity on a delinquent account entitles Zoek to recover any and all costs incurred from the Client. This includes but is not limited to, attorney’s fees and collection costs.

 

10. ENTIRE AGREEMENT: This Agreement and details enclosed in the Purchase Order constitute the entire agreement between Zoek and the Client relating to the subject matter hereof and supersedes any prior agreement or understandings between them. This Agreement may not be modified or amended unless Zoek and the Client agree to such modification or amendment in writing.

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Cancellation Terms & Conditions of All Services

 

This Cancellation Terms of and Conditions of All Services, when executed by the parties hereto, shall be effective upon signing of the Purchase Order (the “Purchase Order”) by both parties and shall serve as a contractual agreement between Zoek 530 Technology Dr. Irvine CA 92618 (www.gozoek.com) (hereinafter referred to as "Zoek"); and the Client (hereafter referred to as the “Client”).

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GENERAL CANCELLATION TERMS 
 

• The client may cancel their contract at any time and is hereby informed and agrees upon the policy, procedures and all fees incurred by Zoek’s Service Cancellation Policies. 

• The only time a refund is warranted to the client is if the client cancels services within three days from the initial sign-up date or if it is decided that this contract is not agreed upon. 

• If the client wants to cancel at any time, a notice of seven days before the next bill date is mandatory. If Zoek is not notified seven days before the next bill date, the client will be responsible for the next month's payment. 

• For a cancellation to be processed, the client must receive and respond to a cancellation agreement that Zoek will send to the client. Phone calls or emails will not warrant a cancellation without the signing of the cancellation agreement. 

• Cancellation will not be immediately processed at the conclusion of the agreed-upon length of this contract. 

• The client understands that they must call in to terminate services, whether the term length has ended or not. 

• Clients understand that they are not entitled to any refund as the payments delivered to Zoek have been secured for the services provided and maintained during the account's lifetime. 

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CANCELLATION FEES
 

• To cancel this contractual agreement with Zoek, the client understands that they will be held responsible for paying half of the remaining cost due to Zoek for the account. (For example, if the client cancels six months into a twelve-month contract, the client acknowledges responsibility for paying for three of the remaining six months of the contract.) 

• By signing the purchase order, the client acknowledges and accepts that they will be billed the cancellation fee in full unless otherwise agreed upon with an Accounts Receivable Representative for the cancellation to be processed. 

• Should the cancellation fee remain unpaid, the client acknowledges that the fee will be delegated to the Accounts Receivable Department and act as a delinquent payment, which may be sent to a third-party collections company if not paid within 2 months. 

 

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SEO SERVICES CANCELLATION TERMS

 

SEO Services can be canceled but the client is responsible for all payments:

• Paid in full: No refund

• Payment plan: The client would owe the remaining payments - a 15% discount is applied if they pay in full

 

Listing Sync can be canceled at any time.

 

 

WEBSITE DESIGN PACKAGE CANCELLATION TERMS 

 

Website Design Services can be canceled but the client is responsible for all payments:

• Paid in full: No refund

• Payment plan: The client would owe the remaining payments - a 15% discount is applied if they pay in full

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PAID ADS CANCELLATION TERMS 

 

Paid Ads can be canceled, but the client is responsible for all payments:

• Paid in full: No refund

• Payment plan: The client would owe the remaining payments - a 15% discount is applied if they pay in full.​

 

GRAPHIC DESIGN CANCELLATION TERMS 

 

• Paid in full: No refund

• Payment plan: The client would owe the remaining payments - a 15% discount is applied if they pay in full

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RENEWAL TERMS

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• At the time of renewal, the client will be re-billed in accordance with the same payment intervals unless different payment intervals are chosen* or services are discontinued

• If the client is paying in intervals* and wants to discontinue services at any time, the full amount agreed upon (stated above) must be paid off. The client will have the option to pay off their contract in full (a 15% discount will be added as services are being discontinued prematurely) or continue paying the monthly agreed-upon amount until the payment intervals have ended.

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*Zoek will send email reminders to the client before the renewal of services to offer the same or different payment options. If Zoek does not receive a response, the client understands and agrees that this agreement will be renewed under these same terms.

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Phone Number: (949)447-5455

Email: help@gozoek.com

Hours of Operation: Monday through Friday, 6:30 am – 5:00 pm