Terms & Conditions

Last updated: 25th April 2026

AGREEMENT TO THESE TERMS
We are Zagyva Kimberley Jo-Ann e.v. ("Company," "we," "us," "our"), a sole trader registered in Hungary at HU-3335 Bükkszék, Bem József utca 1.
Our tax number is 53704863-1-30 and our EU VAT number is HU53704863.

We operate the websites https://ostarakreative.com, https://ostarakreative.hu, and https://kimberleyzagyva.com (collectively, the "Sites"), as well as all related products, services, memberships, and digital resources offered under the trading names Ostara Kreative and Kimberley Zagyva (collectively, the "Services").

You can contact us by email at info@kimberleyzagyva.com.

These Terms and Conditions constitute a legally binding agreement between you ("you," "your," "client," or "member") and Zagyva Kimberley Jo-Ann e.v., governing your access to and use of the Services. By accessing the Sites, purchasing a product, engaging a service, or joining the Klub membership, you confirm that you have read, understood, and agreed to be bound by these Terms. If you do not agree, you must discontinue use of the Services immediately.

We reserve the right to update these Terms at any time. The "Last updated" date at the top of this page will reflect any changes. Your continued use of the Services after changes are posted constitutes acceptance of the revised Terms. We recommend saving or printing a copy of these Terms for your records.

The Services are intended for users who are at least 18 years old.

TABLE OF CONTENTS

1. Our Services
2. Intellectual Property Rights
3. Digital Products
4. Digital Product Licence and Usage Rights
5. Business Services
6. Website Design and Build Services
7. The Klub Membership
8. Purchases and Payment
9. Refunds and Cancellations
10. Right of Withdrawal — EU and UK Consumers
11. Prohibited Activities
12. Disclaimer
13. Limitation of Liability
14. Earnings Disclaimer
15. Third-Party Websites and Links
16. Privacy and Data Protection
17. Governing Law and Dispute Resolution
18. Miscellaneous
19. Contact Us

1. OUR SERVICES
Zagyva Kimberley Jo-Ann e.v. operates under two trading names:

• Ostara Kreative offers website design and build services and digital products including templates, tools, and educational resources for service providers and online business owners.
• Kimberley Zagyva offers Online Business Manager  (OBM) services, business operations consultancy, strategic support, digital products, and the Klub membership community.
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The Services are offered to clients worldwide. Where applicable, Hungarian law and EU consumer protection regulations apply.

Nothing on the Sites constitutes professional legal, financial, or accounting advice.

2. INTELLECTUAL PROPERTY RIGHTS
All content on the Sites — including but not limited to text, graphics, logos, images, templates, course materials, downloads, and website design — is owned by or licensed to Zagyva Kimberley Jo-Ann e.v. and is protected by Hungarian and international copyright and intellectual property law.

You may not copy, reproduce, distribute, republish, transmit, display, sell, or create derivative works from any content on the Sites without our express prior written permission, except as permitted under the digital product licence terms set out in Section 4.
Any unauthorised use of our intellectual property constitutes a material breach of these Terms and may result in legal action.

If you wish to request permission to use any content beyond the scope of these Terms, contact us at info@kimberleyzagyva.com.

3. DIGITAL PRODUCTS
We sell digital products including but not limited to templates, workflow tools, onboarding systems, educational guides, and resource bundles. Digital products are available for purchase via Gumroad and Etsy.

All digital products are subject to availability. We reserve the right to withdraw or amend any product at any time without notice.
Prices are subject to change. The price displayed at the time of purchase is the price you will pay.

By purchasing a digital product you confirm that you have read the product description and understand what is included. Digital products are delivered electronically. Once access or download is granted, the product is considered delivered.

4. DIGITAL PRODUCT LICENCE AND USAGE RIGHTS
Unless otherwise specified at the point of purchase, all digital products are sold under a Standard Use Licence.

STANDARD USE LICENCE
The Standard Use Licence permits:

• Personal use for your own business or projects.
• Commercial use — you may use the product in work created for clients, provided it is adapted and incorporated into original work you produce.

The Standard Use Licence does not permit:

• Reselling, redistributing, or sharing the product as a standalone file, whether free or paid.
• Passing the product on to third parties in its original or minimally edited form.
• Using the product in a way that allows others to extract or replicate the original template or resource.
• Claiming authorship or original creation of the product.

By purchasing any digital product you agree to use it in accordance with the licence terms specified. Breach of these licence terms constitutes infringement of our intellectual property rights.

5. BUSINESS SERVICES
Zagyva Kimberley Jo-Ann e.v. offers the following business services under the Kimberley Zagyva and Ostara Kreative trading names: Online Business Manager (OBM) support, business operations consultancy, systems strategy, and website design and build services.

All service engagements are governed by a separate service contract issued to the client before work commences. The service contract sets out the specific scope, deliverables, timeline, and payment terms for that engagement. In the event of any conflict between these Terms and the service contract, the service contract takes precedence.

By engaging our services you confirm that:

• You are authorised to enter into a legally binding contract.
• The information you provide to us is accurate and complete.
• You will cooperate in a timely manner and provide materials, feedback, and approvals as required to enable delivery of the services.

We reserve the right to decline any service enquiry at our discretion.

6. WEBSITE DESIGN AND BUILD SERVICES
This section applies specifically to website design and build projects delivered under the Ostara Kreative trading name.

PROJECT COMMENCEMENT
Work will not commence until the service contract is signed and any required deposit or upfront payment is received. A project start date will be agreed in the service contract.

CLIENT RESPONSIBILITIES
The client is responsible for providing all website content, copy, images, brand assets, and any other materials required for the project before the agreed project start date. Delays in providing content may result in a revised project timeline. We are not responsible for project delays caused by late or incomplete content delivery from the client.

REVISIONS
Each website project includes one (1) round of revisions within the agreed scope of the project. A revision round is defined as a consolidated list of amends submitted in a single communication. Revisions requested after the included round has been used, or revisions that fall outside the original agreed scope, will be quoted and billed separately at our standard rate.

INTELLECTUAL PROPERTY ON COMPLETION
Upon receipt of full and final payment, the completed website design is transferred to the client for their use. We retain the right to display the completed project in our portfolio and marketing materials unless the client requests otherwise in writing.

Third-party elements incorporated into the website — including but not limited to fonts, stock images, plugins, and platform licences — remain subject to their own licence terms. It is the client's responsibility to ensure ongoing licence compliance for any third-party elements after project handover.

PROJECT ABANDONMENT
If a project is paused or abandoned due to lack of client response or failure to provide required materials for a period exceeding 30 days, we reserve the right to close the project. Work completed to date will be invoiced and is payable. Restarting an abandoned project may be subject to a new project fee.

7. THE KLUB MEMBERSHIP
The Klub is a low-cost monthly or quarterly membership community operated under the Kimberley Zagyva trading name.

MEMBERSHIP ACCESS
Membership is managed and billed through Gumroad, Inc. By subscribing you agree to Gumroad's terms of service in addition to these Terms. Community access is provided via a WhatsApp group. Details of how your data is handled in the WhatsApp group are set out in our Privacy Policy.

BILLING AND PAYMENT

• Monthly members are billed on a recurring monthly basis on the same date as their original sign-up date.
• Quarterly members are billed on a recurring quarterly basis on the same date as their original sign-up date.
• Payments are processed automatically by Gumroad. It is your responsibility to ensure your payment details are kept up to date in your Gumroad account.

CANCELLATION
You may cancel your membership at any time by logging into your Gumroad account and cancelling your subscription, or by emailing us at info@kimberleyzagyva.com at least 7 days before your next payment date.

Cancellations received less than 7 days before the next payment date cannot be guaranteed to prevent that payment from processing. In that case, access will continue until the end of the paid period.

Quarterly members who wish to leave before the end of their quarterly period may cancel at any time but are not entitled to a refund for the remaining portion of the quarter. Access will continue until the end of the paid quarterly period.

We reserve the right to remove any member from the Klub at any time for breach of community standards, without refund.

MEMBERSHIP CONDUCT
By joining the Klub you agree to engage respectfully with other members. You may not use the community to spam, solicit, or promote services to other members without permission. We reserve the right to remove any member whose conduct is deemed harmful, disrespectful, or contrary to the spirit of the community.

8. PURCHASES AND PAYMENT
DIGITAL PRODUCTS
Digital products are purchased via Gumroad or Etsy. Payment is processed by those platforms under their own terms. We accept the payment methods available through those platforms at the time of purchase.

SERVICE CONTRACTS
Service fees are agreed in the service contract prior to commencement. Depending on the service, payment structures may include:

• A full upfront payment before work commences.
• A deposit to secure the project start date, with the balance due before or at an agreed milestone.
• A monthly retainer billed in advance.
• An hourly rate billed in arrears for the hours worked in that period.
• Invoices are issued in EUR or HUF depending on the client's location and the agreement in the service contract. Invoices are issued via Számlázz.hu and are payable via Wise payment link or direct bank transfer within the payment terms stated on the invoice, typically 5 days unless otherwise agreed.
• Payments made via Wise payment link using a debit or credit card, Google Pay, or Apple Pay are subject to a card processing fee of 3% of the invoice total. This fee is applied by Wise and is subject to change in line with Wise's current rates. Bank transfer payments are not subject to this fee. The applicable fee will be noted on your invoice or payment link at the time of payment.
• Late payments may incur a late payment charge. We reserve the right to pause or suspend work on any active project where an invoice remains unpaid beyond the due date.

DISCOUNTS AND PROMOTIONAL PRICING
From time to time we may offer discounts, promotional pricing, or sale prices on our products and services. Discounts apply only to purchases made during the promotional period and cannot be applied retrospectively. If you purchase a product or service at full price and a discount or promotion is subsequently announced or applied, we do not offer refunds or credits for the price difference. Promotional offers cannot be combined with other discounts unless explicitly stated. We reserve the right to withdraw or amend any promotional offer at any time without notice.

9. REFUNDS AND CANCELLATIONS
DIGITAL PRODUCTS
All digital product sales are final. Due to the immediate and electronic nature of digital delivery, no refunds, exchanges, or cancellations are offered once the product has been delivered or access has been granted. Please review the product description carefully before purchasing. If you have a genuine technical issue preventing access to a purchased product, contact us at info@kimberleyzagyva.com and we will do our best to resolve it.

SERVICE CONTRACTS
Once work has commenced on a service contract, no refund will be issued for work already completed or time already invested. Where a deposit is required to secure a project, that deposit is non-refundable if the client cancels after work has commenced.
If we are unable to deliver the agreed services due to circumstances on our side, we will offer a pro-rated refund for any work not yet delivered or agree an alternative arrangement with the client.

THE KLUB MEMBERSHIP
Klub membership fees are non-refundable. You may cancel at any time to prevent future charges, but no refund is issued for any unused portion of a billing period.

10. RIGHT OF WITHDRAWAL — EU AND UK CONSUMERS
Under EU Directive 2011/83/EU on consumer rights, EU and UK consumers ordinarily have the right to withdraw from a distance contract within 14 days without giving a reason.

DIGITAL PRODUCTS
For digital products, by completing your purchase you expressly request immediate access to the digital content and acknowledge that you lose your right of withdrawal once the content has been delivered or access has been granted. A withdrawal waiver confirmation is presented at the point of purchase on Gumroad.

If you believe you have not yet accessed or received the product and wish to exercise your right of withdrawal, contact us at info@kimberleyzagyva.com within 14 days of purchase. We will assess the request and, where the withdrawal right has not been waived, issue a full refund.

SERVICE CONTRACTS
For service contracts, you have the right to withdraw within 14 days of signing the contract, provided work has not yet commenced. If you request that work commences before the 14-day withdrawal period expires, you acknowledge that your right of withdrawal is reduced proportionally to the work already completed.

THE KLUB MEMBERSHIP
For the Klub membership, you have the right to withdraw within 14 days of your first subscription payment, provided you have not yet accessed the WhatsApp community or any membership content. If you have already joined the WhatsApp group or accessed member content, your right of withdrawal is waived.

EU AND UK WITHDRAWAL FORM
If you wish to exercise your right of withdrawal, you may use the following model declaration or contact us directly at info@kimberleyzagyva.com:

To: Zagyva Kimberley Jo-Ann e.v., info@kimberleyzagyva.com
I hereby give notice that I withdraw from my contract for the following: [describe product or service purchased]
Ordered on: [date]
Name: [your name]
Address: [your address]
Signature and date: [if submitting by post]

11. PROHIBITED ACTIVITIES
You may not use the Sites or Services for any purpose other than their intended use. You agree not to:

• Use the Sites or Services for any unlawful purpose or in violation of any applicable law or regulation.
• Copy, reproduce, redistribute, or resell any content or digital product in breach of the licence terms in Section 4.
• Attempt to gain unauthorised access to any part of the Sites or our systems.
• Use automated tools, bots, scrapers, or scripts to access or extract content from the Sites.
• Upload or transmit viruses, malware, or any harmful code.
• Impersonate us, our team, or any other person in connection with the Services.
• Use the Services or community spaces to harass, threaten, or harm any person.
• Use the Klub community space to solicit, spam, or promote products or services to members without permission.
• Misrepresent the origin or authorship of any digital product purchased from us.
• Engage in any conduct that brings our business, brand, or reputation into disrepute.
• We reserve the right to suspend or terminate access to any Service for any person found to be in breach of these prohibitions, without refund.

12. DISCLAIMER
The information provided on the Sites is for general informational and educational purposes only. While we make every effort to ensure accuracy, we make no representations or warranties of any kind regarding the completeness, accuracy, reliability, or suitability of the information provided.

Content shared on the Sites or through the Services — including templates, guides, educational materials, and community discussions — does not constitute professional legal, financial, accounting, or business advice. You are solely responsible for how you apply any information or resources obtained through the Services.

We are not responsible for the results you achieve from using our products, services, or educational content. Your outcomes will depend on your own efforts, circumstances, and market conditions.

EXTERNAL LINKS
The Sites may contain links to third-party websites. These links are provided for convenience only. We do not endorse, control, or accept responsibility for the content or practices of any third-party site. Clicking external links is at your own risk.

TESTIMONIALS
Any testimonials, case studies, or client results displayed on the Sites reflect the individual experiences of those clients and are not a guarantee of results. Your results will vary.

13. LIMITATION OF LIABILITY
To the fullest extent permitted by Hungarian and EU law, Zagyva Kimberley Jo-Ann e.v. shall not be liable for any indirect, incidental, consequential, or special damages arising from your use of or inability to use the Services, including but not limited to loss of revenue, loss of data, or loss of business opportunity.

Our total liability to you in connection with any service or product shall not exceed the amount you paid to us for that specific service or product.

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded under applicable law.

14. EARNINGS DISCLAIMER
We do not guarantee any specific income, business growth, or results from using our services, digital products, templates, or educational content. Any examples of client results, income figures, or business outcomes shared on the Sites or in our marketing are illustrative only and reflect the individual circumstances of those examples.

Your results will depend on your own experience, effort, market, and many other factors outside our control. By engaging with our Services you acknowledge that we make no earnings guarantees.

15. THIRD-PARTY WEBSITES AND LINKS
The Sites may contain links to external platforms including but not limited to Gumroad, Etsy, Flodesk, and other tools we recommend or use. These platforms operate under their own terms and privacy policies. We are not responsible for the content, practices, or policies of any third-party platform. Purchases made through third-party platforms are subject to that platform's terms.

16. PRIVACY AND DATA PROTECTION
Your personal data is processed in accordance with our Privacy Policy, which forms part of these Terms and is incorporated by reference. By using the Services you confirm that you have read and understood our Privacy Policy.

We process personal data in accordance with the EU General Data Protection Regulation (GDPR) and applicable Hungarian data protection law. Our data processing activities are subject to oversight by the Nemzeti Adatvédelmi és Információszabadság Hatóság (NAIH).

17. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms are governed by the laws of Hungary. Any dispute arising from or in connection with these Terms or the Services shall first be referred to us directly at info@kimberleyzagyva.com for informal resolution.

If a dispute cannot be resolved informally, it may be referred to the Heves Vármegyei Békéltető Testület (Heves County Conciliation Board) or to the competent Hungarian court.

EU consumers may also use the European Commission's Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr

UK consumers may contact the relevant alternative dispute resolution body in the UK or refer the matter to the courts of England and Wales.

For consumers located outside the European Economic Area and the United Kingdom, these Terms are governed exclusively by Hungarian law and no additional statutory consumer rights beyond those provided under Hungarian and EU law apply.

Nothing in this section limits your rights as a consumer under applicable Hungarian or EU consumer protection law.

18. MISCELLANEOUS
If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, without affecting the remaining provisions.

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with the Privacy Policy, Cookie Policy, and any applicable service contract, constitute the entire agreement between you and Zagyva Kimberley Jo-Ann e.v. in relation to the Services.

We may assign our rights and obligations under these Terms to a successor entity in the event of a business restructure. You may not assign your rights under these Terms without our prior written consent.

We recommend that you print or save a copy of these Terms for your records.

19. CONTACT US
Zagyva Kimberley Jo-Ann e.v.
Trading as: Ostara Kreative and Kimberley Zagyva
Registered address: HU-3335 Bükkszék, Bem József utca 1., Hungary
Tax number: 53704863-1-30
EU VAT number: HU53704863
Email: info@kimberleyzagyva.com
Online dispute resolution: https://ec.europa.eu/consumers/odr