1. Who we are
OFK Official is a specialized brand management unit owned and operated by ZENITHIA LLC, a limited liability company registered in New Mexico, United States. References to “OFK”, “we”, “us” or “our” in this document mean ZENITHIA LLC acting through the OFK Official brand.
References to “you” or “client” mean the entity or individual that signs an order form, statement of work or retainer agreement with us.
2. Scope of these terms
These terms apply to our website, to any Growth Audit we deliver, and to every paid retainer or fixed-scope engagement. Where a signed order form, statement of work or service level agreement conflicts with these terms, the signed document controls for that engagement.
By submitting an application through our website you agree that we may contact you about it. Submitting an application does not create a client relationship and does not obligate either party.
3. Services and retainers
- Services are delivered as a monthly retainer or a fixed-scope engagement described in the applicable order form.
- Deliverable volumes, platforms and meeting cadences are those listed in your plan; anything additional is scoped and quoted separately.
- We may use licensed tooling and AI-assisted production methods. All output is reviewed, approved and released by a human specialist before it is published in your name.
- We are entitled to rely on the information, assets and access you provide. Delays in providing them extend our delivery dates by at least the length of the delay.
4. Fees, billing and ad spend
- Retainers are billed monthly in advance, or annually upfront where a 10% annual discount applies.
- Payments are processed through Stripe. Taxes, duties and bank charges outside our processor are your responsibility.
- Ad spend, creator fees, platform costs, stock media and third-party licences are never included in the retainer.
- Invoices are due on the date shown. Overdue balances may pause work after written notice and five business days.
- Unless required by law, fees already paid for a completed period are non-refundable, subject to any remedy set out in our Growth Guarantee.
5. Initial term and cancellation
Retainers carry a 3-month initial term. From the end of the initial term the engagement continues month-to-month and either party may end it with 30 days written notice.
Fixed-scope engagements end on delivery, or as stated in the order form. Either party may terminate for material breach if the breach is not cured within 10 business days of written notice.
6. Your responsibilities
- Provide accurate brand claims, legal disclaimers and product information, and notify us when a claim changes.
- Grant timely, working access to accounts, assets and analytics, and keep credentials current.
- Review and approve work within the agreed turnaround so calendars hold.
- Nominate one decision-maker empowered to approve work on your behalf.
7. Ownership and licences
On full payment of the fees for the period in which they were created, all deliverables — including video files, edit projects, scripts, captions, creative concepts and reporting — transfer to you outright.
We retain ownership of our pre-existing methods, frameworks, templates, internal tooling and know-how, and we grant you a perpetual licence to use them as embedded in your deliverables.
Unless we agree otherwise in writing, we may show non-confidential work in our portfolio and describe the engagement in general terms. We will never disclose confidential metrics without your written consent.
8. Confidentiality and NDA
Both parties will keep the other’s non-public information confidential and use it only for the engagement. A mutual NDA is signed on request, and always before we review your ad accounts or private channels.
Confidentiality does not cover information that is public, already known, independently developed, or required to be disclosed by law — with advance notice where lawful.
9. AI-assisted production
We use automated tooling for research, drafting, transcription, versioning and reporting. A human specialist reviews every asset before release; we do not publish unreviewed machine output to your channels.
You confirm that you have the rights to any material you supply — footage, images, music, marks and data — and that we may use it to deliver the services.
10. Warranties and limitations
We warrant that services will be performed with reasonable skill and care and in line with the description in your order form.
We do not guarantee revenue, follower counts, views, rankings or advertising outcomes. Any performance language in our marketing describes our operating intent, not a promised result.
To the maximum extent permitted by law, neither party is liable for indirect or consequential loss, and our aggregate liability under an engagement is limited to the fees paid to us in the 3 months preceding the claim.
Nothing in these terms limits liability that cannot be limited by law, including for fraud or wilful misconduct.
11. Suspension and termination
We may suspend work for non-payment, unsafe or unlawful requests, or access failures that prevent delivery. Suspension does not extend the term; the calendar resumes or shifts by mutual agreement.
On termination you keep everything delivered and paid for, and we will hand over source files, credentials and open assets within 10 business days of a written request.
12. Governing law
These terms are governed by the laws of the State of New Mexico, United States, without regard to conflict-of-law rules. The parties will first attempt to resolve any dispute in good faith, then by mediation, before proceedings are filed.
If any provision is found unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver of it.
13. Changes to these terms
We may update these terms as our services evolve. The version in force at the date of your order form applies to that engagement unless we agree otherwise, and material changes are notified to active clients by email.
14. Contact
Legal and contractual notices: ZENITHIA LLC, New Mexico, USA — legal@ofkofficial.com. Operational questions: hello@ofkofficial.com.
Questions about this document? Write to legal@ofkofficial.com and we will respond in writing.
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