Terms of Service

1. Introduction

Welcome to Jafzon Marketing. These Terms of Service ("Terms") govern your use of our website and services. By accessing our website or using our services, you agree to be bound by these Terms.

Jafzon Marketing ("we," "our," or "us") is a digital marketing agency based in South Africa that provides services primarily to electrical contractors in the United States. These Terms constitute a legally binding agreement between you ("Client," "you," or "your") and Jafzon Marketing.

Please read these Terms carefully before using our services. If you do not agree to these Terms, please do not use our services.

2. Services

Jafzon Marketing provides digital marketing services specifically designed for electrical contractors, including but not limited to:

• Website design and development
• Marketing automation setup and management
• Local SEO services
• Google Business Profile optimization
• Online booking system implementation
• Review generation systems
• Social media management
• Content creation
• Email marketing
• Digital advertising management

2.1 Service Descriptions

Detailed descriptions of our services, including deliverables, timelines, and pricing, will be provided in a separate Service Agreement or proposal that will be considered part of these Terms.

2.2 Service Limitations

Our services are subject to the following limitations:

• We operate from South Africa and provide services remotely to clients in the United States.
• Our business hours are Monday through Friday, 9:00 AM to 9:00 PM South African Standard Time (SAST).
• Response times for support requests may vary based on time zone differences.
• We do not guarantee specific results from our marketing services, as results can vary based on numerous factors outside our control.

3. Client Responsibilities

To enable us to provide our services effectively, you agree to:

• Provide accurate and complete information about your business
• Respond to our requests for information, feedback, or approvals in a timely manner
• Provide necessary access to accounts, platforms, or systems required for our services
• Review and approve deliverables within the timeframes specified in your Service Agreement
• Comply with all applicable laws and regulations related to your business
• Maintain the confidentiality of any passwords or access credentials we provide

3.1 Content and Materials

You are responsible for ensuring that any content, materials, or information you provide to us:

• Is accurate, complete, and up-to-date
• Does not infringe on any third-party intellectual property rights
• Complies with all applicable laws and regulations
• Is not obscene, defamatory, threatening, or otherwise objectionable

4. Payment Terms

4.1 Fees and Invoicing

Our fees for services will be outlined in your Service Agreement or proposal. Unless otherwise specified:

• All fees are quoted in US Dollars (USD)
• Setup fees or initial payments are due before work begins
• Recurring fees are billed monthly in advance
• Invoices are due within 7 days of issuance

4.2 Late Payments

If payment is not received by the due date:

• We may charge a late fee of 1.5% per month on overdue amounts
• We reserve the right to suspend services until payment is received
• You will be responsible for any collection costs incurred

4.3 Taxes

All fees are exclusive of any applicable taxes. You are responsible for paying all taxes, levies, or duties imposed by tax authorities based on your use of our services.

5. Term and Termination

5.1 Term

The term of our services will be specified in your Service Agreement. Unless otherwise stated, service agreements are month-to-month and automatically renew until terminated by either party.

5.2 Termination by Client

You may terminate services by providing written notice at least 30 days before the end of your current billing cycle. No refunds will be issued for the current billing period.

5.3 Termination by Jafzon Marketing

We reserve the right to terminate or suspend services immediately if:

• You breach any provision of these Terms
• You fail to pay any fees when due
• You engage in conduct that, in our sole discretion, is harmful to our business or reputation
• We are unable to verify or authenticate any information you provide

5.4 Effect of Termination

Upon termination:

• All outstanding fees become immediately due and payable
• We will provide you with your website files and content upon request
• We will revoke access to any systems or platforms we manage on your behalf
• Sections of these Terms that by their nature should survive termination will remain in effect

6. Intellectual Property

6.1 Client Content

You retain ownership of all content, materials, and information you provide to us. By providing such content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the content solely for the purpose of providing our services to you.

6.2 Jafzon Marketing Materials

We retain ownership of all materials, processes, techniques, ideas, concepts, and methodologies that we develop or use in providing services to you. This includes:

• Our proprietary marketing frameworks and strategies
• Templates and design elements not specifically created for you
• Software code and scripts not specifically commissioned by you
• Training materials and documentation

6.3 Deliverables

Upon full payment of all fees, you will own the deliverables specifically created for you, except for any third-party materials or Jafzon Marketing Materials incorporated into the deliverables.

7. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the services, including business plans, customer data, technical information, and pricing.

This confidentiality obligation does not apply to information that:

• Is or becomes publicly available through no fault of the receiving party
• Was known to the receiving party before disclosure
• Is independently developed by the receiving party
• Is required to be disclosed by law or court order

8. Limitation of Liability

IN NO EVENT SHALL JAFZON MARKETING BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use our services
• Any marketing results or lack thereof
• Your implementation or failure to implement our recommendations
• Third-party platform failures or changes (including but not limited to Go High Level, Google, Facebook, or other platforms)
• Unauthorized access to or alteration of your data
• Statements or conduct of any third party regarding our services

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you.

9. No Guarantee of Results

While we strive to deliver high-quality services that help our clients achieve their marketing goals, we cannot and do not guarantee specific results from our services. Marketing results depend on numerous factors outside our control, including but not limited to:

• Your industry, competition, and local market conditions
• The quality of your products or services
• Your responsiveness to leads and customer service
• Changes to search engine algorithms or platform policies
• Economic conditions and consumer behavior

Any examples of results we share are for illustrative purposes only and are not guarantees of similar outcomes for your business.

10. Third-Party Services

Our services may involve the use of third-party platforms, tools, or services, including but not limited to Go High Level, Google, Facebook, and other marketing platforms. We are not responsible for:

• The availability, functionality, or security of these third-party services
• Changes to their terms, policies, or features
• Any fees charged by these third parties
• Any data loss or breach caused by these third parties

You acknowledge that your use of these third-party services is subject to their respective terms of service and privacy policies.

11. Indemnification

You agree to indemnify, defend, and hold harmless Jafzon Marketing and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any rights of a third party
• Your content or materials

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or our services shall first be attempted to be resolved through good-faith negotiation. If such negotiation fails, both parties agree to submit to binding arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website or by sending you an email. Your continued use of our services after such changes constitutes your acceptance of the new Terms.

14. Miscellaneous

14.1 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including acts of God, natural disasters, pandemic, terrorism, riot, war, civil unrest, government actions, or internet service disruptions.

14.2 Assignment

You may not assign or transfer these Terms or your rights and obligations without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

14.3 Entire Agreement

These Terms, together with your Service Agreement or proposal, constitute the entire agreement between you and Jafzon Marketing regarding our services and supersede all prior agreements and understandings.

14.4 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

14.5 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by an authorized representative of Jafzon Marketing.

15. Text Messaging Program Terms

Jafzon Marketing offers a text messaging program ("Program") to provide clients and subscribers with updates, appointment reminders, support messages, and promotional content.

15.1 Message Types

You may receive messages related to appointment confirmations, account updates, service announcements, and occasional marketing promotions.

15.2 Opt-In and Consent

By providing your mobile number and explicitly opting in (e.g., via checkbox or written/verbal consent), you consent to receive SMS messages from Jafzon Marketing.

15.3 Opt-Out Instructions

You may opt out at any time by replying STOP to any SMS message. You may also contact us at hello@jafzon.com to be removed from our messaging list.

15.4 Help Instructions

For help, reply HELP to any message or contact our support team at hello@jafzon.com.

15.5 Message Frequency

Message frequency may vary based on your interactions with us.

15.6 Fees and Charges

Message and data rates may apply depending on your mobile carrier plan. Check with your carrier for details.

15.7 Carrier Disclaimer

Mobile carriers are not liable for delayed or undelivered messages.

15.8 Privacy Policy

Your use of the Program is also governed by our Privacy Policy.

16. Contact Information

If you have any questions about these Terms, please contact us:

• By email: hello@jafzon.com
• By phone: (833) 573-3699
• By mail: 18 Covent Close, Parklands, Cape Town, South Africa, 7441