1.⁠ ⁠Introduction

These Terms and Conditions ("Terms") govern the use of digital marketing services ("Services") provided by Fargodeep Pty Ltd ABN 97 681 177 882 (“Zest Discovery“, "we", "us", or "our"). Zest Discovery specialises in providing marketing services to the events sector and leverages the Zest Events Ecosystem (“Zest”) under a licensing agreement with JCJW Pty Ltd ("JCJW"). By engaging our Services, you ("Client") agree to these Terms.

 2.⁠ ⁠Services Provided

Fargodeep provides digital marketing services, including but not limited to:

Campaign development and execution;

Social media management;

Advertising;

Data analytics and reporting;

Strategy consulting.

Our Services leverage the database and intellectual property ("IP") of the Zest Events platform to connect Clients with prospective customers.

 3.⁠ ⁠Licensing and Intellectual Property

3.1 Zest IP

The Zest database and associated IP are owned by JCJW and are used by Fargodeep under a licensing agreement. Clients acknowledge that they gain no ownership rights over Zest’s IP.

3.2 Marketing Materials

All materials, including content, designs, and strategies, developed by Fargodeep remain our property unless explicitly transferred through a written agreement.

3.3 Usage Restrictions

Clients may not reproduce, distribute, or exploit any materials developed by Fargodeep without prior written consent.

 4.⁠ ⁠Client Obligations

Clients must:

Provide accurate, complete, and up-to-date information to facilitate effective service delivery;

Comply with all relevant laws and regulations in their use of our Services;

Avoid any unauthorized access or misuse of the Zest database and IP.

 5.⁠ ⁠Fees and Payment

5.1 Pricing

The fees for our Services will be outlined in a separate agreement or invoice. All prices are in Australian Dollars (AUD).

5.2 Payment Terms

Invoices must be paid within 14 days of issuance unless otherwise agreed in writing.

5.3 Late Payments

Failure to pay on time may result in service suspension or termination.

 6.⁠ ⁠Limitation of Liability

6.1 To the extent permitted by law, Fargodeep is not liable for indirect, incidental, or consequential damages, including but not limited to loss of revenue, data, or reputation.

6.2 Our liability for any claim is capped at the total fees paid by the Client in the three months preceding the claim.

6.3 Fargodeep will not be responsible for issues arising from the use of third-party platforms, including Zest, or for any technical failures.

 7.⁠ ⁠Indemnity

Clients agree to indemnify and hold Fargodeep harmless from any claims, damages, or expenses arising out of their use of our Services or breach of these Terms.

 8.⁠ ⁠Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the provision of Services, including Zest’s database details. This clause survives termination of these Terms.

 9.⁠ ⁠Termination

Either party may terminate the agreement with 30 days’ written notice. Upon termination, all outstanding fees become immediately payable, and Clients must cease any unauthorized use of Fargodeep’s materials or Zest’s IP.

10.⁠ ⁠Governing Law

These Terms are governed by the laws of Victoria, Australia. Any disputes will be subject to the exclusive jurisdiction of Victorian courts.

11.⁠ ⁠Amendments

Fargodeep reserves the right to update these Terms. Clients will be notified of significant changes, and continued use of our Services constitutes acceptance of updated Terms.

12.⁠ ⁠Contact

For inquiries or disputes, please contact us at:

Fargodeep Pty Ltd

Email: Jordan@zestdiscovery.com.au

Phone: 0404233363

Address: 282 Collins St, Melbourne VIC 3000, Australia