Terms of Service
1. ZEDANAUTS & YOU (Parties to This Agreement)
ZedaLabs.com is maintained by Zeda Empire, LLC (“Zeda”). At times, in these Terms of Service Zeda may also be referred to as “we”, “us” or “The Radical Zedanauts.” Yeah, you heard us right – we’re superheroes yo!
We will refer to the person interacting with us, this site and our products as “you” or “you there.”
This Terms of Service Agreement (“Agreement”) is our contract with you, and tells you what you can and can’t do with us, our products and services and what we can and can’t do with you.
2. The Services This ToS Covers
Zeda Labs is an agency for entrepreneurs who want to build a totally kick ass brand, a website that supports business goals, and create the finest user experience available for their users.
We make money by offering several different kinds of services to these entrepreneurs:
- Implementation: For entrepreneurs who’ve already enjoyed some success and who realize it’s time to invest in branding, marketing and user experience to take their business to the next level. Rather than hiring a team full of Creative Directors, Designers, Illustrators, Copywriters, Developers, and Marketing Managers, they can give us a call. We have service offerings that range from providing periodic Creative Direction or the management of a single ad campaign, to becoming your full fledged, outsourced Creative & Marketing Department.
- Strategy: For entrepreneurs who aren’t ready to make the investment in an in house or outsourced creative department, we provide a range of strategy services where we come in, evaluate their current branding, marketing and user experience and provide targeted advice that they can then go and implement themselves.
- Training: For entrepreneurs who are just starting out and who want to make sure they get their branding, marketing and user experience right from the get-go, we offer a number of training products for the DIY’ers.
This terms of service covers all services provided by us, listed here or otherwise.
3. What to Expect When Working With Zeda Labs
We’re a bunch of geeks, our team is distributed around the world, and sometimes we work random hours. It’s entirely possible, if you send one of us an email at 2am on a Saturday, you’d get a response.
Having said that, it’s important to be clear about when you SHOULD expect to reach us and what our “normal” working hours are. Our business is open to serve you Monday through Friday between 9am and 5pm PST. We’re closed on all statutory holidays observed in the United States and we’re closed the final two weeks of the year.
Given that we’re a virtual company, with team members distributed around the world, all business, including meetings, is conducted virtually via online meeting and collaboration tools.
By engaging us, you acknowledge, understand and agree to conduct business with us virtually and during the times mentioned above.
Strategy and training products are a fairly standard engagements with fixed price tags.
However, implementation services are customized to your needs.
All Zeda implementation services can be purchased with Credits.
The per credit cost is based on a blended rate of all of the internal costs associated with providing our services.
The number of Credits associated with a particular implementation is based on the complexity and cost of providing the service and the value which consuming the service is expected to provide.
Expenses, such as the purchase of fonts, user experience tests, or stock photography are accounted for and billed separately
All products and services are paid for in advance.
In cases where the timeline for implementation services is longer than one month, an estimated breakdown of credits required for each month will be provided to you, an invoice will be sent at the start of each month.
You agree to purchase the number of credits required for each month at the start of that month before work can begin or continue.
Work begins once payment has been received.
By engaging with us, you agree to these billing policies.
Our Project Manager dies a little inside any time timelines are missed. Because we like our Project Manager and don’t want him to suffer any discomfort, we always do our best to meet any timeline we give you.
But, as you know, shift happens and you understand that all timelines provided are estimates only. We will make every effort to over deliver but do not accept liability for any costs incurred, loss or damage (including consequential loss or damage) compensation or loss of earnings due to any failure to meet said timelines.
7. Ownership of final assets
Other creative agencies have complex licensing structures that limit where and for how long you can use the illustrations they create. Here at Zeda Labs, digital assets such as icons, illustrations, and/or logos can be used in all media including print, online, and broadcast in perpetuity.
In other words, once you’ve paid us and we’ve handed over the assets, they’re yours to do with as you please.
Please note, we reserve all rights, title and interest to any ideas or designs that were not final production artwork, and we may make use of or even sell these ideas and designs however we see fit.
It’s important to note that our code and build elements are proprietary and we retain the licensing rights to them. WordPress themes built for your business are licensed for the domain they were built for only. It can not be copied or resold without our express and written permission. For example, reselling the custom theme template to your buddy is a No-No.
8. Revision Policy
All of our estimates include one round of revisions at each approval stage of the project.
Additional revisions can be requested and will be completed at our discretion and both parties will need to agree to the additional cost in credits before revision work begins.
9. Suspension and Cancellation
We’re pretty easy to get along with and we’re sure you are too but, if this relationship isn’t working out, let’s not waste any time or money on counseling. According to this agreement, both parties can cancel upon immediate written notice. It’s all cool.
We reserve the right to collect payment for any unpaid balances, payable immediately.
Unused credit balance will be retained and can be utilized to pay for future services for up to 3 months.
The possibility of refunds for unused credits will need to be assessed on a case-by-case basis as the agency may have made nonrefundable operational commitments to secure the resources required to deliver on your project.
10. Intellectual property
Don’t steal our stuff! By stuff we mean, illustrations, blog posts, videos, audio and other materials we post around the internet to show how awesome we are.
Copyright infringement is evil and you’d have to be a heartless as a hollow tree to commit such a crime.
This is where we’re supposed to list all of the laws and things that our stuff is protected under – as if us being able to cite copyright law might make us sound more intimidating – but, whatever – just don’t steal mm’kay?
Don’t even glance at it longingly with the intention of doing something with it we didn’t give you permission to do!
Get it? Got it? Good!
11. Very Bad Stuff You Can Not Do
Basically, we have a “no assholery” rule around here.
All of the stuff we list as illegal should be intuitive to most people but – because the statistics show that there’s at least one asshole in every ten people – we have to spell it out here in these terms of service. (They also say nine out of every ten statistics are entirely made up.)
Here’s the stuff you can not do when you interact with us and our community:
- Don’t be frikkin’ mean! Do it – get BANNED for life.
- Be respectful. We believe everyone has something cool to offer and we all deserve respect. Even if you don’t like someone, pay them the respect they deserve.
- When commenting on the site, no spam! You may think you might have cleverly disguised it, but messages like: “Definitely believe that which you stated. You managed to hit the nail upon the top and also defined about the whole thing with no need side effects. Very much appreciate you.” with anchor text to your crappy site selling brassieres, is NOT fooling anyone!
12. Client Responsibilities
We can teach, equip, persuade and nurture but, at the end of the day, we can not bring you success unless you’re working hard right along with us.
To work our magic, we’ll need data and other materials (such as analytics, financial data, and copy) from you.
We will be very clear about what we need at the start of our engagement.
You acknowledge that any delays in getting us what we need will likely result in delays in schedule and potential increases to cost.
If we don’t receive the information and materials we’ve requested within one month of the request being made, we will suspend your account and reallocate resources to start working with another client. If your account remains suspended for three months, your account will be completely closed and all money paid and work ordered will be forfeit.
During the design and development phase of your project, if you do not sign off within one month of the design being presented, we will suspend your account and reallocate resources to start working with another client. If your account remains suspended for three months, your account will be completely closed and all money paid and work ordered will be forfeit.
13. Giant Flaming Boulders Falling From The Sky = Awesome!
If giant flaming Boulders started falling from the sky, we’d probably scream … with delight! Because – I mean c’mon, that’s just sooo cool.
Having said that, if that did, in fact, happen, especially in cases where one or more members of the team were dispatched while attempting to catch said boulders, we couldn’t be held responsible for missing a deadline and failing to meet objectives.
These sorts of things are what we like to call, “unforeseen circumstances” and you – being a reasonable human being – don’t expect Zeda to be responsible for the impact an “act of God” has on our ability to meet our obligations.
14. Mistakes Can Happen
We do our best to not make mistakes. But, due to the nature of creative design we can not guarantee that everything we deliver will be 100% error free.
By accepting these terms you agree that you share the responsibility to review and proof all designs and files for any errors or omissions and notify us if any changes or corrections are needed. The Zeda team will do our best to rush any edits to correct mistakes.
You agree to not hold us responsible or liable for any losses or expenses incurred from errors or omissions.
15. Bragging Rights
If you agree to use our services you also agree to let us brag about how much we helped you, enter in competitions, and write about the work!
You grant us perpetual and irrevocable rights to share the following:
- Your company name and/or logo
- Any creative content we created for you
- Description of services performed
- Before and After screenshots
- The conversion lift & results achieved (or AOV lift or lift for whatever results were achieved)
- Impact we had on unique page views, conversions, sign ups, revenues and profits, expressed in percentages
- The before, during, and after story
Things we pinky promise not to share unless we have written permission:
- Actual conversion rates
- Traffic numbers
In short, we are allowed to share the learning and results—no sensitive business data.
If there is any other information you wish to keep private, you agree to discuss this with us BEFORE we begin working together as your request will have an impact on our decision to take you on as a client.
We agree that we’ll both act in good faith and never disclose anything that may damage our ability to remain competitive in our respective markets.
While we work closely with one another, we’ll both be party to many things that each of us would consider to be proprietary information.
We both agree to never share private, proprietary information with the public
If either of us are at all concerned about whether the information being discussed is proprietary we both agree to ask and get clarity.
17. Regulatory Compliance
We will do our best to educate ourselves on the regulations that are important to your business however, you agree that compliance rests solely with you.
We are not liable for any failures to comply with regulations in your jurisdiction or industry.
You can not make us responsible for any claims or penalties resulting from the publication, creation or use of non-compliant materials.
18. Liability … Nope
You agree to engage us to deliver a service or product to you because, after careful consideration, you agree that we are awesome and you’d like us to apply our talents toward improving your business.
But this doesn’t mean that you get to make us responsible if your business results don’t meet with your expectations.
Of course we’re going to do absolutely everything in our power to produce an awesome outcome for you. But no one can guarantee a specific result – that’s just the way life is.
All Zeda products and services are sold “as is,” with no guarantees whatsoever.
By accepting this agreement you agree to hold Zeda liable for nothing. Nada. Zilch!
And if we DO somehow end up being responsible for something, or if you’re from a jurisdiction that says we can’t have clauses like this in a contract, or that we can’t limit our liability, then you agree that our damages are limited to the smallest, teeniest, tiniest amount allowed by law.
19. Personnel Poaching
We’ve made a considerable investment in building the best team in the world and our team represents our biggest asset.
You will be working pretty closely with resources from our team.
At some point, you will think to yourself – “wow these people are awesome!”
You might even get the thought in the back of your mind that you could entice your favorite Zedanaut to come work directly for you.
However, you agree to just go ahead and put the thought of poaching our people right out of your mind. We mean it! Don’t even!
If you somehow suffer temporary amnesia and forget this part of the Service Agreement and hire a member of our team within three years after the completing an engagement with us, you agree to pay us an amount equal to 30% of the employee’s salary + bonus for the first year. This amount shall be payable immediately upon hire of the individual.
20. Modifications To These Terms
We can modify these terms at any time.
We will notify you in writing if the terms change while we’re engaged.
21. General Items
a. Just because we don’t hang someone by their toes and beat them with an angry cat for violating a provision in these terms of service doesn’t mean we’re waiving our right to enforce this agreement, it just means we we’re cutting someone some slack. It doesn’t mean we’ll do the same for someone else.
b. If a judge somewhere decides that some part of these terms is unenforceable you agree that this doesn’t mean that the entire set of terms is null and void
c. Any claim relating to Zeda’s products and services shall be governed by the laws of the State of Wyoming
If there are any questions regarding these Terms of Service, you may contact us using the information below.
Zeda Empire, LLC
690 S Highway 89, Suite 200
Jackson, WY 83002
Last Edited on 2016-09-04