Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") govern your use of the website servunt.com ("Website") and the services provided by Servunt Agency ("Servunt," "we," "us," or "our"), a digital advertising agency headquartered in Bujumbura, Burundi, with partner offices in Kigali, Rwanda and Nairobi, Kenya.

By accessing our Website, submitting a contact form, or engaging our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not use our Website or services. These Terms apply to all visitors, users, and clients, regardless of location.

We reserve the right to update or modify these Terms at any time. Changes become effective upon posting to this page with an updated "Last updated" date. Your continued use of the Website or our services after any modifications constitutes acceptance of the revised Terms.

2. Description of Services

Servunt Agency provides the following digital marketing and advertising services to businesses in Burundi, East Africa, and internationally:

• Google Ads management: Campaign setup, optimization, keyword research, bid strategy, conversion tracking, and ongoing management of Google Search, Display, YouTube, Shopping, and Performance Max campaigns
• Meta Ads management: Facebook and Instagram advertising including brand awareness, lead generation, traffic, conversion, and messaging campaigns
• Multi-platform advertising: Campaign management across TikTok, LinkedIn, Twitter/X, Snapchat, and other emerging advertising platforms
• Website design and development: Custom website creation including landing pages, multi-page business websites, and e-commerce stores, built with modern technologies optimized for mobile and East African network conditions
• AI integration: Implementation of AI-powered customer support chatbots, lead generation tools, and WhatsApp Business automation
• Video production: Short-form video content and advertisements for social media platforms

The specific scope, deliverables, timeline, and pricing for each engagement are defined in a separate service proposal or agreement provided to the client before work begins. These Terms apply in addition to any such specific agreement.

3. Client Obligations and Responsibilities

When engaging our services, you agree to:

• Provide accurate, complete, and up-to-date information about your business, products, services, and target audience
• Grant timely access to necessary accounts and platforms, including Google Ads accounts, Meta Business Manager, website hosting, analytics tools, and any other platforms required to deliver the agreed services
• Respond to requests for approval, feedback, and information within reasonable timeframes as agreed upon. Delays in client responses may impact project timelines and campaign performance
• Ensure that all content, materials, images, trademarks, and other assets you provide for use in campaigns and websites are legally owned by you or properly licensed, and do not infringe on the intellectual property rights of any third party
• Comply with all applicable advertising laws, regulations, and platform policies in the markets where campaigns are running, including but not limited to laws in Burundi, Kenya, Rwanda, Uganda, and Tanzania
• Not use our services for any unlawful, fraudulent, deceptive, or harmful purposes
• Maintain the confidentiality of any account credentials shared between parties

4. Account Ownership

A fundamental principle of our service is that you retain full ownership of all accounts created on your behalf. This includes:

• Advertising accounts: Google Ads accounts, Meta Business Manager, TikTok Ads Manager, LinkedIn Campaign Manager, and any other advertising platform accounts are created under your business name and belong to you
• Analytics and tracking: Google Analytics properties, Meta Pixel data, conversion tracking configurations, and all associated performance data are your property
• Website assets: Source code, domain registrations, hosting accounts, content management systems, and all website content belong to you
• Creative assets: Ad creatives, copy, images, and videos produced as part of our services are delivered to you and become your property upon full payment

We operate as managers and optimizers of your accounts, not as owners. You will have full administrative access to all accounts at all times during and after our engagement. Upon termination of services, all access permissions will be transferred to you or removed as you direct.

5. Payment Terms

Payment terms for our services are as follows:

• Proposals: All services are quoted in a written proposal that outlines the scope of work, deliverables, timeline, and fees. Work begins only after written acceptance of the proposal by the client
• Management fees: Ongoing advertising management fees are typically calculated as a percentage of monthly ad spend (15-20%) and are invoiced monthly in advance or as specified in the service agreement
• Project fees: Website design, AI integration, and one-time setup fees are invoiced according to the payment schedule in the project proposal, typically with a deposit required before work begins
• Ad spend: Advertising spend (the budget paid directly to Google, Meta, TikTok, etc.) is separate from management fees and is paid directly to the advertising platforms or funded through your accounts
• Payment methods: We accept payment via M-Pesa (Kenya and Rwanda), bank transfer (KES, RWF, BIF, and SWIFT for international), card payments and mobile money via Flutterwave, and international transfers via Wise or Western Union. USD, EUR, and GBP are accepted for international clients
• Late payments: Invoices are due within 14 days of issuance unless otherwise agreed. Late payments may result in suspension of services until the account is brought current. We reserve the right to pause advertising campaigns if management fees remain unpaid
• Taxes: All fees are exclusive of applicable taxes. Clients are responsible for any VAT, withholding tax, or other taxes applicable in their jurisdiction

6. Performance and Results

While we are committed to delivering the best possible results for your business, we want to be transparent about what we can and cannot guarantee:

• We do not guarantee specific results, including but not limited to return on ad spend (ROAS), number of leads, sales volumes, website traffic, or search engine rankings
• Advertising performance is influenced by many factors outside our control, including market conditions, competition, seasonality, product/service quality, pricing, platform algorithm changes, and consumer behavior
• We commit to continuous optimization, transparent reporting, and strategic adjustments based on data and performance trends
• If agreed-upon KPIs are not being met after 90 days of active management, we will conduct a comprehensive strategy review and propose adjustments at no additional cost

All case studies, testimonials, and performance figures referenced on our Website represent actual results achieved for real clients. However, past performance does not guarantee future results, as each business and market situation is unique.

7. Confidentiality

Both parties agree to maintain the confidentiality of sensitive business information shared during the course of our engagement. This includes but is not limited to:

• Account credentials, API keys, and access tokens
• Business strategies, financial information, and proprietary data
• Campaign performance data, customer lists, and audience insights
• Pricing information and terms of our agreement

We will not share your confidential business information with competitors or any unauthorized third parties. With your permission, we may reference your business as a client and share anonymized or generalized performance data in our marketing materials and case studies.

8. Intellectual Property

Intellectual property rights are allocated as follows:

• Client IP: You retain all rights to your trademarks, brand assets, business information, and any materials you provide to us
• Deliverables: Upon full payment, all custom work product created specifically for you (ad creatives, website designs, copy, etc.) becomes your property
• Servunt tools and methods: Our proprietary methodologies, templates, frameworks, reporting formats, and internal tools remain our property. You receive a license to use any tools or templates included in your deliverables for your business purposes
• Third-party assets: Stock photos, fonts, plugins, and third-party software used in your projects remain subject to their respective licenses

9. Cancellation and Termination

Either party may terminate the service engagement under the following conditions:

• Standard termination: Either party may terminate with 30 days written notice via email
• Immediate termination: Either party may terminate immediately if the other party commits a material breach of these Terms that is not remedied within 14 days of written notice of the breach
• Non-payment: We reserve the right to suspend or terminate services if payment is overdue by more than 30 days

Upon termination:

• All advertising accounts, website files, analytics data, and creative assets will be fully transferred to you or your designated representative
• Any outstanding invoices for work completed up to the termination date remain due and payable
• Active advertising campaigns will be paused or transitioned according to your instructions
• We will provide a reasonable transition period (typically 2 weeks) to ensure continuity of your campaigns
• Prepaid fees for services not yet delivered will be refunded on a pro-rata basis

10. Limitation of Liability

To the maximum extent permitted by applicable law:

• Servunt shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising from the use or inability to use our services
• Our total liability for any claims arising from our services shall not exceed the total fees paid by you to Servunt in the 12 months preceding the claim
• We are not liable for any losses caused by changes to advertising platform policies, algorithms, or terms of service by Google, Meta, TikTok, or other third-party platforms
• We are not liable for any losses resulting from inaccurate information provided by the client, delayed client responses, or failure by the client to implement our recommendations
• We are not responsible for the performance or downtime of third-party platforms and services, including advertising platforms, hosting providers, and payment processors

11. Indemnification

You agree to indemnify, defend, and hold harmless Servunt Agency, its owner, employees, contractors, and partners from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:

• Your breach of these Terms
• Your violation of any applicable law or regulation
• Content, materials, or information you provide that infringes on the intellectual property or other rights of any third party
• Your products or services advertised through campaigns we manage

12. Website Use

When using our Website, you agree not to:

• Use the Website for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to any part of the Website, other accounts, computer systems, or networks connected to the Website
• Use automated scripts, bots, or scrapers to access, collect, or interact with the Website
• Transmit any viruses, malware, or harmful code through the Website
• Submit false, misleading, or spam content through our contact forms
• Reproduce, distribute, or create derivative works from our Website content without written permission

All content on our Website, including text, graphics, logos, images, and software, is the property of Servunt Agency or its content providers and is protected by applicable intellectual property laws.

13. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond the reasonable control of the affected party. This includes but is not limited to natural disasters, war, terrorism, pandemics, government actions or sanctions, internet outages, power failures, strikes, or disruptions to third-party platforms and services.

14. Dispute Resolution

In the event of any dispute arising from or relating to these Terms or our services:

• Good faith negotiation: The parties shall first attempt to resolve the dispute through good faith negotiation for a period of 30 days
• Mediation: If negotiation fails, the parties agree to attempt mediation before pursuing any other remedy
• Jurisdiction: Any disputes that cannot be resolved through negotiation or mediation shall be subject to the exclusive jurisdiction of the courts of the Republic of Burundi

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Burundi, without regard to its conflict of law provisions. To the extent that Burundian law does not cover specific matters addressed in these Terms, internationally recognized commercial practices and the UNIDROIT Principles of International Commercial Contracts may be applied as supplementary guidance.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

17. Entire Agreement

These Terms, together with our Privacy Policy and any specific service proposals or agreements, constitute the entire agreement between you and Servunt Agency regarding the subject matter hereof. These Terms supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written, with respect to the subject matter.

18. Contact Us

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