1. Acceptance of Terms
By accessing and using ZestyAd.com, provided by DS Company LLC, you agree to be bound by these Terms of Service. ZestyAd reserves the right to modify these Terms at any time. Continued use of ZestyAd.com constitutes acceptance of the updated Terms.
2. Services Provided
ZestyAd.com offers creative services in the form of scriptwriting and video editing for direct response video advertisements, tailored for BTC brands and agencies. Final deliverables are based on materials provided by the client (“CLIENT”) and designed for use in social media and digital advertising contexts.
3. Payment Terms
Upfront Payment: CLIENT must remit 50% of the total project fee before services commence.
Final Payment: The remaining 50% is due upon CLIENT’s final approval of the completed project.
Non-Refundable Clause: Payments are non-refundable once service work has begun, except in cases where ZestyAd fails to deliver services as described.
4. Intellectual Property Rights
Upon full payment, copyright ownership of the final creative asset(s) is transferred to CLIENT.
ZestyAd reserves the right to use portions of the creative asset(s) for business promotion, including on the website, social media, or in marketing materials.
5. Content Guidelines and Refusal Rights
ZestyAd is not responsible for any copyright issues related to the materials provided by CLIENT.
ZestyAd reserves the right to refuse any content that it deems inappropriate, offensive, or otherwise unacceptable.
6. Platform Compliance and Disclaimer
ZestyAd cannot guarantee approval of CLIENT’s creative content on third-party platforms, including Facebook and TikTok.
ZestyAd will make best-effort recommendations and revisions to align content with platform ever-changing compliance policies.
7. Revision Policy
Unlimited Revisions: ZestyAd offers unlimited revisions to creative assets within 14 days after delivery.
Revision Requests: CLIENT is encouraged to provide comprehensive feedback on each revision to minimize the revision process.
Timeline Impact: Additional rounds of revisions may extend project timelines.
Additional Charges: Revisions resulting from ZestyAd’s errors are provided at no extra cost; however, revisions beyond the scope of initial specifications or changes not articulated in the project brief may incur additional fees.
Limitations: Revisions apply only to the initially delivered assets; additional variations are subject to extra charges.
8. Project Timeline
Project completion time varies based on complexity, ranging from 72 hours up to three weeks.
9. Liability Disclaimer
ZestyAd is not liable for indirect, incidental, or consequential damages. Our maximum liability is limited to the amount paid by the CLIENT for services rendered.
10. Chargebacks and Payment Disputes
Credit Card Policy: CLIENT credit card information is stored securely within our payment processing system for service-related charges.
Chargeback Fraud: CLIENTs who request chargebacks or dispute valid charges without valid grounds may be subject to service suspension, project termination, and associated fees to recover bank or processor costs.
CLIENT is required to settle any outstanding chargeback fees before service restoration.
Billing Issues: For billing concerns, contact dario@zestyad.com to discuss resolution. Filing disputes without prior contact may be considered fraudulent.
11. Dispute Resolution and Governing Law
This agreement is governed by Wyoming state law. DS Company LLC may pursue legal action for fraudulent chargebacks or unauthorized refunds.