Customer service agreement
The terms a business agrees to when it subscribes to Zome: the services, your responsibilities, fees under your order form, cancellation, data and liability.
This customer service agreement sets out the terms on which Zome provides its services to a business that subscribes. It applies together with your order form and our platform terms.
"Zome", "we", "us" and "our" mean the Zome entity named in your order form. "You" and "customer" mean the business named in your order form. The person who signs or accepts the order form confirms that they're authorized to bind that business.
Zome's services are for businesses, not for personal or household use.
1. How this agreement fits together
- Order form: the document, on paper or online, that you and Zome sign or accept. It lists your plan, the services, the fees, billing terms, the term and any special terms. It can be updated when you add or change services.
- This agreement: the general terms that apply to every customer.
- Platform terms: the rules for using Zome's software, apps and customer-facing features.
- Privacy policy: how Zome handles personal information about you and your team. See our privacy policy.
If these documents conflict, the order form comes first, then this agreement, then the platform terms.
2. Key terms
- Services means the services described in your order form, including access to the platform and any setup or managed services.
- Platform means Zome's software, the websites and pages we host for you, the Zome app, dashboards, and the messaging, review request, booking and quote tools.
- Customer content means content you provide or approve, such as your business details, service descriptions, prices, photos, logos and messages.
- Customer data means information about your customers and leads that is handled through the services, such as names, phone numbers, email addresses, job details and message history.
- End customers means the people who contact your business, book with it or hear from it through the services.
- Third-party services means services Zome doesn't control, such as Google, phone carriers, email providers, domain registrars and other apps you connect.
3. The services
What we provide
We'll provide the services listed in your order form. Depending on your plan, they may include:
- a website for your business, with pages written for local search
- Google Business Profile care and listings management
- review requests and help replying to reviews
- online booking requests and instant quotes
- a lead inbox, missed-call text back, and email and text follow-up
- reporting
- managed ("done-for-you") services with regular check-ins
- setup, including moving your existing website and business details
Only what your order form lists is included.
Founding partners and staged rollout
Zome is onboarding founding partners, and some features roll out in stages. Your order form will say if a feature isn't available yet, is in early access or will be delivered later, and we'll tell you when it becomes available. Early access features may change, may have limits and may be less reliable than other features. We don't have to deliver features that aren't in your order form.
Changes to the services
We improve the services over time and may change how they work. We won't make a change that materially reduces the core services in your order form during your current term. If a third-party service or the law forces us to, we'll tell you in advance where we can. You may then cancel the affected services and receive a refund of any fees you prepaid for the period after cancellation.
Setup and timelines
We'll agree a setup plan with you. Timelines are estimates, and they depend on you giving us the access, information and approvals we need.
Reporting
Reports we give you will be based on data we measured or received, and will say when something couldn't be measured.
Support
We'll provide support as described in your order form. You can reach the team through the channels listed in your order form or through our contact page.
4. Your responsibilities
Accurate content
You're responsible for the accuracy of your customer content and of anything we publish with your approval, including:
- your business name, address, phone number, hours and service area
- the services you offer, and your prices and price ranges
- any licenses, certifications, insurance, bonding, warranties or guarantees you claim
- photos, logos and other material you give us
We may draft content for you, including with AI tools. Review drafts carefully and tell us about anything that's wrong. During onboarding, we'll agree with you which content needs your approval before it's published, and we'll correct errors you report to us. Only make claims you can back up, and only give us material you have the right to use.
Consent for messages
When Zome sends texts, emails or other messages to your end customers, we send them for your business, in your name and on your instructions. You're responsible for:
- having any consent the law requires before messages are sent, especially marketing messages
- keeping records of that consent and giving them to us if we ask
- giving us contact lists that include only people who have a relationship with your business and have agreed to hear from you as the law requires, and never bought, rented or scraped lists
- honoring opt-outs, including ones you receive outside Zome, and recording them in the platform or telling us about them
- giving accurate information for phone carrier registration
The platform terms set out the messaging rules in more detail.
Reviews
You must follow the law and each review platform's rules. That means no fake reviews, no reviews from staff, family or friends posing as customers, no money or rewards in exchange for reviews, and no asking only the customers you expect to be happy.
Accounts and access
- You'll give us the access we need, such as manager access to your Google Business Profile and access to your domain settings, website and phone provider.
- You remain the owner of your Google Business Profile, domain name and phone numbers. Keep owner-level access in your own name. We'll ask only for the level of access we need.
- Keep your platform logins secure, and tell us promptly if you think someone has accessed your account without permission.
Your business and your customers
You're responsible for the work you do and the services you sell, for your prices and bookings, for holding any licenses your trade requires, for giving your customers a privacy notice, and for following the laws that apply to your business.
Cooperation
Please respond to our reasonable requests for information and approvals in good time. We're not responsible for delays caused by missing access, information or approvals.
5. Fees and payment
- Fees: you'll pay the fees in your order form. The order form sets out the amounts, currency, billing frequency, payment method, any setup fees and when payment is due.
- Founding partner rates: if your order form gives you a founding partner rate, it applies for the period the order form states.
- Third-party costs: some costs, such as domain renewals, phone carrier registration or usage fees, and advertising spend, are included, passed through or billed separately only as your order form says.
- Taxes: fees don't include taxes unless your order form says so. You'll pay any sales, use, value added or similar taxes on the services, other than taxes on Zome's income.
- Late payment: if an undisputed amount is overdue, we'll tell you. If it's still unpaid 10 days after that notice, we may suspend the services until it's paid.
- Billing disputes: if you think an invoice is wrong, tell us within 30 days of receiving it and pay any part you don't dispute. We'll work with you in good faith to resolve it.
- Price changes: we may change fees for a renewal term by telling you at least 30 days before the change takes effect. If you don't agree, you may cancel before it takes effect. Founding partner rates stay protected for the period in your order form.
6. Term, renewal and cancellation
- Start: this agreement starts when you sign or accept your first order form and continues until every order form has ended.
- Term: each order form runs for the term it states. If it doesn't state a term, it runs month to month.
- Renewal: unless your order form says otherwise, each term renews automatically for the same length until you or Zome cancels.
- Cancelling: you can cancel by telling us through the channel in your order form or through our contact page. Unless your order form sets a different notice period, cancellation takes effect at the end of the current billing period, and you won't be charged for later periods.
- Ending for breach: either party may end this agreement if the other materially breaches it and doesn't fix the breach within 30 days of written notice, or within 10 days for non-payment.
- Ending straight away: either party may end this agreement immediately if the other becomes insolvent or stops doing business. Zome may also end or suspend it immediately if you use the services unlawfully or seriously breach the acceptable use rules.
- Ending by Zome for any reason: Zome may end this agreement for any reason by giving you at least 30 days' notice, and will refund any fees you prepaid for the period after it ends.
- Refunds: except as this agreement, your order form or the law provides, fees you've already paid aren't refundable.
When the agreement ends
- Your domain name, Google Business Profile, listings, social media accounts and phone numbers stay yours. We'll remove our access and help with any transfer you need, such as moving your domain or website to another provider, or transferring a phone number we provided where the carrier allows it.
- For 30 days after the end, you can ask us for an export of your customer data and of your website's text and images. After that, we'll delete customer data within a reasonable time. We may keep copies the law requires us to keep, and copies in routine backups until they're overwritten.
- You'll pay any fees owed up to the end date.
- Sections that by their nature should continue after the end, such as those on fees owed, data, confidentiality, ownership, disclaimers, limitation of liability and indemnities, continue to apply.
7. Data and privacy
Your data
You own your customer content and your customer data. You give Zome permission to host, copy, process, display and send them as needed to provide, secure and support the services, and as the law requires.
Our roles
For customer data, you decide why and how the information is used, and Zome handles it for you on your instructions. In privacy law terms, you're the "controller" or "business", and Zome is your "processor" or "service provider". Zome will:
- use customer data only to provide, secure and support the services for you, and as the law requires
- not sell customer data or use it for Zome's own marketing
- keep it confidential and limit access to people who need it
- protect it with reasonable technical and organizational measures
- tell you without undue delay if we become aware of a security incident affecting it
- help you respond to your customers' requests to access, correct or delete their information
- sign a data processing addendum with you where the law requires one
Service providers
We use service providers to run the services, for example for hosting, AI, messaging and email, alongside third-party services such as Google. They handle customer data only as needed to provide their part of the services. We'll give you a list of our main service providers on request.
Aggregated information
We may use de-identified, aggregated information about how the services are used to operate and improve them. It won't identify you or your customers.
8. Acceptable use
You'll use the services lawfully and in line with the acceptable use rules in the platform terms. In particular, you won't use them to send spam, make false or misleading claims, post or request fake reviews, harass anyone, infringe anyone's rights, or collect or use information you aren't allowed to.
9. Third-party services
The services connect to third-party services such as Google, phone carriers and email providers. You authorize Zome to access and act in those services on your behalf as needed to provide the services.
Third-party services have their own terms and policies, and they may change, limit, suspend or remove things without our control. For example, Google may reject a profile edit, a carrier may filter texts, or a platform may remove reviews. Zome isn't responsible for third-party services, but we'll help you work through problems within the scope of your plan.
10. Ownership
- Yours: you keep ownership of your customer content and customer data. Content we create specifically for your business, such as the text of your web pages and posts, is yours to use once you've paid for it.
- Ours: Zome owns the platform and everything we use to provide the services, including our software, templates, designs, workflows, AI prompts and know-how, and any improvements to them. During your subscription, you may use the platform for your internal business purposes.
- Feedback: we may use your suggestions to improve Zome without any obligation to you.
- Publicity: we won't name you as a customer, use your logo, or publish your results or a testimonial without your written permission.
11. AI features
Some services use AI tools, including third-party AI models, to draft content, suggest replies and summarize results. AI output can be wrong or incomplete. Review AI-drafted content before you approve it. You remain responsible for content that is published or sent with your approval.
12. Confidentiality
Each party will keep the other's confidential information confidential. Confidential information includes non-public business, technical and financial information, and customer data. Each party will use the other's confidential information only for this agreement and share it only with people who need it and are bound by similar duties.
This doesn't apply to information that becomes public through no fault of the receiving party, that the receiving party already knew or developed independently, or that it received lawfully from someone else. A party may disclose confidential information when the law requires it, after giving the other party notice where the law allows.
13. Warranties and disclaimers
- Each party confirms that it has the authority to enter into this agreement.
- Zome will provide the services with reasonable care and skill. If they fall short of this standard, tell us and we'll fix the problem or perform the service again. If we can't, you may cancel the affected service and receive a refund of fees you prepaid for the period after cancellation.
- You confirm that you have the rights and consents needed for your customer content, your customer data and the messages sent on your behalf.
- No guaranteed results. Rankings, reviews, leads and bookings depend on Google, other platforms, your customers and your market, and Zome controls none of them. Zome doesn't guarantee any ranking, number of reviews, leads, calls or bookings, revenue or other outcome.
- Availability. We work to keep the platform available, but we don't guarantee that it will be uninterrupted or error free unless your order form includes a service level commitment.
- Except as this agreement states, and to the fullest extent the law allows, the services are provided "as is", and Zome disclaims all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.
14. Limitation of liability
To the fullest extent the law allows:
- neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, business opportunities, goodwill or data, even if it was told they were possible
- each party's total liability arising from this agreement is limited to the fees you paid or owe Zome under this agreement in the 12 months before the event that gave rise to the claim
These limits don't apply to your obligation to pay fees, to either party's indemnity obligations, to breaches of the confidentiality section, to liability for gross negligence, willful misconduct or fraud, or to any liability that can't be limited by law.
15. Indemnities
- By you: you'll defend Zome against claims by third parties, and pay the resulting damages, fines and reasonable costs, where the claim arises from your customer content, the services you provide to your customers, messages sent at your direction without the consent the law requires, or your breach of the law or the acceptable use rules.
- By Zome: Zome will defend you against claims by third parties that the platform, as Zome provides it, infringes their intellectual property rights, and pay the resulting damages and reasonable costs. This doesn't cover claims caused by your customer content, third-party services, or changes or combinations Zome didn't make. If such a claim is made, Zome may change the platform so it no longer infringes, get you the right to keep using it, or end the affected service and refund fees you prepaid for the period after it ends.
- Process: the party asking for protection must tell the other party promptly, let it control the defense and any settlement, and cooperate reasonably. No settlement may admit fault on behalf of the protected party without its consent.
16. Suspension
We may suspend all or part of the services if:
- an undisputed amount remains unpaid 10 days after we tell you it's overdue
- your use poses a security risk or could harm Zome, the platform, other customers or anyone else
- we reasonably believe your use breaks the law or the acceptable use rules
- a third-party service, such as Google or a phone carrier, requires it
We'll limit any suspension to what's reasonably necessary, tell you why unless the law prevents us, and restore the services once the issue is resolved.
17. Changes to this agreement
We may update this agreement. For existing customers, a change takes effect at the start of your next renewal term or 30 days after we tell you about it, whichever is later. A change needed to comply with the law or to protect security may take effect sooner. If a change materially harms you, you may cancel before it takes effect. Changes to your order form need the agreement of both parties.
18. General
- Governing law: unless your order form says otherwise, this agreement is governed by the laws that apply where the Zome entity named in your order form is established, without regard to conflict-of-law rules.
- Disputes: both parties will first try to resolve any dispute through good-faith discussion for at least 30 days. If that doesn't work, the courts of the place where the Zome entity named in your order form is established have jurisdiction, unless your order form says otherwise. Either party may ask any competent court for urgent relief.
- Notices: we'll send notices to the contact details in your order form, which may include email. Send notices to Zome using the details in your order form or, if none are listed, through our contact page.
- Events beyond control: neither party is liable for delays or failures caused by events beyond its reasonable control, such as outages of third-party services, internet failures, natural disasters or government action. This doesn't excuse payment obligations.
- Transfer: neither party may transfer this agreement without the other's consent, except to a successor in a merger, acquisition or sale of all or most of its business or assets, with notice to the other party.
- Subcontractors: Zome may use subcontractors and remains responsible for their work.
- Relationship: the parties are independent contractors. Nothing in this agreement creates a partnership, joint venture or employment relationship. The term "founding partner" describes an early customer and doesn't create a legal partnership.
- Entire agreement: your order form, this agreement and the documents they refer to are the entire agreement about the services and replace earlier discussions. Terms in your purchase orders or other documents don't apply.
- Severability and waiver: if any part of this agreement can't be enforced, the rest stays in effect. A failure to enforce a term isn't a waiver of it.
- No third-party beneficiaries: only you and Zome have rights under this agreement.
- Electronic signatures: the order form may be signed or accepted electronically, and in counterparts.
Contact
If you have a question about this agreement, please contact the team through the channels in your order form or through our contact page.
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