Terms of Service

01 — Definitions

“Zava Build”, “we”, “us”, and “our” refers to Zava Build, a digital marketing agency based in Middlesbrough, UK. “Client”, “you”, and “your” refers to the individual or business that has engaged Zava Build for services.

“Services” means any digital marketing, web development, SEO, paid advertising, social media management, Amazon management, AI automation, or any other work delivered by Zava Build as agreed in writing or by way of a proposal, invoice, or project brief.

“Guarantee” means any specific performance commitment explicitly stated in writing by Zava Build in a proposal, contract, or service agreement for a specific engagement.

02 — Engagement & Commencing Work

These Terms & Conditions form part of the agreement between you and Zava Build. By paying an invoice, signing a proposal, or instructing us to begin work — whether verbally or in writing — you confirm that you have read, understood, and agreed to these terms in full.

Zava Build reserves the right to decline or discontinue any engagement at its discretion, including where a client relationship is found to be unworkable or where these terms are breached.

03 — Payment, Fees & Invoicing

Fees are as agreed in your proposal or service agreement. Unless otherwise stated, invoices are due within 14 days of issue. Zava Build reserves the right to pause or suspend work on any active project where an invoice remains unpaid beyond its due date.

Retainer and ongoing management fees are billed in advance and cover the period stated on the invoice. One-off project fees may be staged across milestones as set out in the relevant proposal.

Late payment may incur statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998 at a rate of 8% above the Bank of England base rate.

04 — Refund Policy

All fees paid to Zava Build are non-refundable. This applies to all services, including but not limited to web development, SEO, paid advertising, social media management, Amazon management, and AI automation services.

This policy reflects the nature of digital marketing services, where a material portion of fees are invested in time, resources, third-party tools, and platform spend from the outset of a project. The absence of a refund policy is offset entirely by our performance guarantee commitments, as set out in Section 5.

If you have concerns about a specific outcome or deliverable, the correct resolution is always through continued work — not a refund request. We ask that clients raise concerns promptly so that we can address them in a timely manner.

05 — Performance Guarantees

Where Zava Build has provided an explicit written performance guarantee — such as a specific ranking position, lead volume, conversion rate, or other measurable outcome — we stand behind that commitment fully.

This means you will not be billed further for ongoing work required to meet the guarantee. We will continue to operate, optimise, and build until the agreed target is achieved — for as long as it reasonably takes — provided the conditions set out in Section 6 are met.

Guarantees apply only to the specific metric or outcome stated in your written agreement. They do not extend to ancillary or implied outcomes not explicitly agreed upon.

06 — Guarantee Conditions

Our ability to deliver results depends on a fully cooperative working relationship. Guarantees are only valid where the client has fulfilled their obligations throughout the engagement. A guarantee will be considered void — and Zava Build's obligation to continue free-of-charge work will cease — if any of the following apply:

• The client fails to provide timely access to required platforms, accounts, credentials, or assets (including Google Analytics, Search Console, ad accounts, CMS logins, or social profiles).
• The client fails to provide feedback, approvals, or sign-off within a reasonable timeframe, causing delays to project delivery or campaign execution.
• The client makes changes to their website, platform, content, or advertising accounts without informing or coordinating with Zava Build.
• The client engages a third party — including another agency, freelancer, or internal resource — to carry out work that conflicts with, duplicates, or undermines the work being performed by Zava Build.
• The client instructs Zava Build to follow a strategy, direction, or approach that differs from Zava Build's professional recommendation, and the guarantee outcome is adversely affected as a result.
• The client provides inaccurate, incomplete, or misleading information about their business, audience, products, or objectives.
• The client fails to implement recommendations within reasonable timeframes where those recommendations are a prerequisite for the guaranteed outcome.
• External factors beyond Zava Build's reasonable control — including search engine algorithm updates, platform policy changes, competitor activity, or market conditions — materially impair the achievability of a specific target.
• Payment is outstanding at any point during the guarantee period.
• The client acts in a manner that, in Zava Build's reasonable professional judgement, is obstructive to the delivery of the agreed services.

Where a guarantee is voided for any of the above reasons, Zava Build will notify the client in writing. Standard service terms and billing continue to apply.

07 — Client Responsibilities

To enable Zava Build to deliver effectively, clients are expected to:

• Respond to requests for information, access, or approval within 5 business days unless an alternative timeframe is agreed.
• Provide accurate and complete information about their business, products, services, and target audience at the outset and throughout the engagement.
• Ensure that Zava Build is granted the necessary access and permissions to carry out the agreed services.
• Notify Zava Build promptly of any changes to their business that may affect the services being delivered.
• Ensure that any content, materials, or assets provided to Zava Build do not infringe upon the intellectual property rights of any third party.

Zava Build accepts no liability for delays, underperformance, or failure to meet deliverables that arise directly from the client's failure to meet their obligations.

08 — Intellectual Property

Upon receipt of full payment for a project, intellectual property in the final deliverables created specifically for the client transfers to the client. Zava Build retains all rights in pre-existing materials, frameworks, tools, templates, and processes used in the course of delivering services.

Zava Build reserves the right to display completed work in its portfolio and marketing materials unless the client has requested confidentiality in writing prior to project commencement.

09 — Confidentiality

Both parties agree to treat as confidential any proprietary or commercially sensitive information shared in the course of the engagement. Neither party will disclose such information to any third party without prior written consent, except where required by law.

10 — Limitation of Liability

Zava Build's total liability to the client in relation to any claim arising out of or in connection with these terms or the services provided shall not exceed the total fees paid by the client to Zava Build in the three months immediately preceding the event giving rise to the claim.

Zava Build accepts no liability for indirect, consequential, or special loss, including loss of profit, loss of business, loss of data, or loss of opportunity, whether arising in contract, tort, or otherwise.

Digital marketing outcomes — including search rankings, ad performance, and social media reach — are inherently variable and subject to factors outside Zava Build's control. Our liability is limited to the effort and professional conduct we bring to the work, not to the guaranteed attainment of any outcome except where explicitly stated in a written guarantee.

11 — Termination

Either party may terminate a retainer or ongoing service agreement by providing 30 days' written notice. Project-based engagements are governed by the deliverables and timelines set out in the relevant proposal.

Fees already paid at the time of termination remain non-refundable. Any fees outstanding at the point of termination remain due and payable in full.

Upon termination, Zava Build will return or transfer access to any accounts, platforms, or assets belonging to the client within a reasonable timeframe, provided that all outstanding invoices have been settled.

12 — Governing Law

These Terms & Conditions are governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Zava Build reserves the right to update these Terms & Conditions at any time. Updated terms will be published on the Zava Build website. Continued engagement with Zava Build following any update constitutes acceptance of the revised terms.

13 — Contact

If you have any questions regarding these terms, or if you wish to raise a concern about a service being delivered, please contact us before taking any further action. We are committed to resolving issues quickly and fairly.