Terms of Service

Terms of Service

Welcome to Zenspire Media. These Terms of Service ("Terms") govern your use of our website and services. By accessing or using any services provided by Zenspire Media, you agree to be bound by these Terms. Please read these Terms carefully before engaging in any business with Zenspire Media.

Introduction

● Overview: Zenspire Media is a full-service digital marketing agency offering various services such as Influencer Marketing, Social Media Management, Website Development, Brand and Product Shoots, Video Production, and Online Reputation Management (ORM). These Terms of Service govern the relationship between Zenspire Media and clients, as well as any third parties engaged in campaigns, content production, and influencer collaborations.
● Acceptance of Terms: By using our services or accessing our website, you accept and agree to these Terms. If you do not agree to any part of these Terms, you must not access or use our services.
● Changes to Terms: Zenspire Media reserves the right to amend these Terms at any time. We will notify you of any material changes via email or by posting an updated version on our website. Continued use of our services after such changes indicates your acceptance of the revised Terms

Services Provided

● Influencer Marketing:
○ Zenspire Media provides influencer marketing services across platforms such as Instagram, YouTube, and TikTok.

○ Services include:

■ Influencer Identification: Zenspire Media identifies influencers that align with the client’s brand objectives and target audience.
■ Campaign Strategy and Execution: We develop comprehensive marketing strategies, including influencer collaborations, content planning, and timelines.
Influencer Outreach and Contracting: We handle all outreach, negotiation, and contract signing between influencers and the client.
■ Performance Analytics: Zenspire Media tracks and analyzes campaign performance, providing detailed reports on reach, engagement, and return on investment (ROI).
○ Client Responsibilities: Clients must provide detailed objectives and approve influencer candidates, content, and campaign details.

● Brand and Product Shoot:
○ Zenspire Media offers professional brand and product shoot services to clients for promotional and marketing purposes.

○ Services include:
■ Concept Development: We collaborate with the client to create the vision and theme for the shoot, aligning it with the brand identity and campaign goals.
■ Photography and Videography: Professional high-quality photos and videos for product displays, social media content, and advertising materials.
■ Post-Production: Editing services for photos and videos, including color grading, retouching, and ensuring that all final content aligns with the client’s brand image.
○ Client Responsibilities: Clients are responsible for providing the necessary products and attending pre-production meetings to finalize the creative direction.

● Website Development:
○ Zenspire Media offers end-to-end website design and development services tailored to the client’s needs, ranging from e-commerce sites to portfolio websites.
○ Services include:
■ Custom Design: UI/UX design tailored to your brand’s aesthetic and customer journey.
■ Development: Front-end and back-end development services for WordPress, Shopify, custom builds, or other platforms.
■ SEO Optimization: Zenspire Media ensures that websites are optimized for search engines with proper keywords, meta tags, and content structure.
■ Maintenance and Support: Post-launch support, including troubleshooting and updates.
○ Client Responsibilities: Clients must provide content, branding guidelines, and feedback during development milestones. Delays in providing this informationmay result in timeline extensions.

● Video Production:
○ Zenspire Media offers complete video production services for promotional content, ads, social media, and brand stories.
○ Services include:
■ Pre-production: Creative concept development, storyboarding, and scripting.
■ Production: Full-service production, including filming, direction, lighting, and sound.
■ Post-production: Editing, color grading, audio mixing, and motion graphics or animations if required.
○ Client Responsibilities: Clients are responsible for reviewing and approving scripts, final edits, and other creative elements during the production process

● Online Reputation Management (ORM):
○ Zenspire Media offers ORM services to monitor, manage, and improve a client’s online reputation across digital platforms.
○ Services include:
■ Monitoring: Constant surveillance of online reviews, social mentions, and media coverage related to the brand.
■ Crisis Management: Assistance with addressing negative reviews, social media complaints, and handling brand crises to minimize damage.
■ Engagement: Responding to reviews, both positive and negative, and fostering a strong brand-customer relationship.
■ Reputation Building: Developing strategies for improving overall brand perception, including positive review generation and media outreach.
○ Client Responsibilities: Clients must provide feedback and direction for responses, and participate in discussions regarding reputation-building strategies.

Contracts with Clients

● Scope of Work (SOW):
○ A formal Scope of Work (SOW) document will be created for each project outlining all deliverables, timelines, services, and responsibilities.
○ Changes to the SOW must be agreed upon in writing.
● Payment Terms:
○ A 50% deposit is required to begin work on any project.
○ The remaining balance will be invoiced upon project completion, and payment is due within 15 days of the invoice date.
○ Late payments will incur a 5% penalty after 30 days.
○ Failure to pay within 45 days may result in the suspension of services.
● Cancellation Policy:
○ Clients must provide at least 30 days’ written notice for project cancellation.
○ Zenspire Media reserves the right to retain the deposit for services rendered prior to cancellation.
○ If the project is canceled after a significant portion of the work has been completed, clients may be required to pay for the work completed up to the cancellation date.
● Ownership and Intellectual Property:
○ Upon full payment, all materials created for the client (e.g., websites, logos, videos) become the exclusive property of the client.
○ Zenspire Media reserves the right to display non-confidential work in its portfolio unless otherwise agreed upon in writing.
● Confidentiality Agreement:
○ Both Zenspire Media and the client agree to maintain the confidentiality of all proprietary information shared during the project, including trade secrets, business practices, and strategies.

Contracts with Influencers

● Scope of Work for Influencers:
○ Zenspire Media will draft detailed contracts for all influencer engagements, specifying the deliverables (e.g., number of posts, videos, stories) and campaign timeline.
○ Contracts will include content requirements, approval processes, and submission deadlines.
● Compensation:
○ Influencers will be compensated according to the terms agreed upon in the contract, which may include fixed fees, performance bonuses, or product/service exchanges.
● Exclusivity Clauses:
○ Influencers may be required to sign an exclusivity agreement preventing them from promoting competing brands during the campaign and for a specified period afterward.
● Content Ownership:
○ Ownership of the content created by influencers will be retained by Zenspire Media or the client, depending on the contract, and may be used for future marketing.
● Content Review and Approval:
○ Influencers are required to submit content for review and approval before posting.
○ Zenspire Media or the client reserves the right to request edits to ensure content aligns with brand guidelines and campaign objectives.
● Legal Compliance:
○ Influencers must adhere to all platform-specific guidelines and legal requirements (e.g., FTC disclosure guidelines for sponsored content).

Client Responsibilities

● Accurate Information:
○ Clients must provide accurate and timely information to ensure the successful completion of projects. This includes brand guidelines, project goals, feedback, and approvals.
● Collaborative Input:
○ Clients are required to collaborate with Zenspire Media during various stages of a project to ensure alignment with goals and expectations.

Content Submission and Approval

● Submission Deadlines:
○ Clients and influencers must adhere to submission deadlines as outlined in the SOW or contracts to avoid delays in project timelines.
● Approval Process:
○ Zenspire Media will submit drafts for client review. Clients must provide feedback within the agreed-upon timeframe to keep the project on track.

Payments, Refunds, and Late Fees

● Payment Terms:
○ All payments are due as per the payment schedule outlined in the client’s contract.
○ Zenspire Media reserves the right to charge interest on overdue payments.
● Refunds:
○ Refunds are not provided for completed services. If a client chooses to terminate the project early, Zenspire Media will issue a prorated refund for any work not yet delivered, minus any non-refundable costs (e.g., deposits, project startup costs).
● Late Payment Fees:
○ Late payments will incur a 5% penalty after 14 days past the invoice due date.
○ In the event of repeated payment delays, Zensp

Limitation of Liability

● Service Interruptions:
○ Zenspire Media will not be liable for any disruptions or delays in services caused by external factors beyond our control (e.g., technical difficulties, natural disasters, or third-party service failures).
● No Guarantees:
○ While we strive for excellence in all projects, we do not guarantee specific results, such as increased sales or engagement. Success depends on various factors, including market conditions and client participation.
● Liability Cap:
○ Zenspire Media’s liability for any claim related to services provided will be limited to the fees paid by the client for those specific services.

Intellectual Property

● Client Ownership:
○ Upon receipt of final payment, clients will own the final deliverables, including websites, logos, and content.
● Zenspire Media Rights:
○ Zenspire Media retains the right to use non-confidential materials created for the client in its portfolio and marketing materials.
● Third-Party Content:
○ Zenspire Media may use licensed third-party content (e.g., stock images, fonts). Clients agree to abide by the terms of any third-party licenses associated with such content.

Governing Law

● Jurisdiction:
○ These Terms are governed by the laws of [Your Jurisdiction]. Any legal disputes will be subject to the exclusive jurisdiction of courts in [Your Jurisdiction].

Miscellaneous

● Severability:
○ If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
● Entire Agreement:
○ These Terms, along with the SOW or contract, represent the entire agreement between Zenspire Media and the client or influencer.