Terms of Service

Effective date: August 1, 2026 · Last updated: August 1, 2026

These Terms of Service ("Terms") are a binding agreement between Zenith Co. ("Zenith," "we," "us," or "our") and you, the individual or business using our website or services ("you," "Client," or "your"). By using zenithcomarketing.com (the "Site"), purchasing any of our services, or accepting these Terms at checkout or in an order form, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

1. Definitions

• Services — the websites we build and host for you, the missed-call text-back and review-request automations, business phone numbers and SMS/voice messaging, CRM access, and any other product or service we provide.
• Platform — the software environment we provide as part of the Services, including the GoHighLevel/LeadConnector-based environment.
• Client Content — text, images, logos, business information, customer lists, leads, and other materials you provide to us or create within the Platform.
• Subscription — your recurring payment arrangement for the Services.

2. Eligibility

You must be at least 18 years old, able to enter a binding contract, and acting on behalf of a lawful business. You are responsible for all activity under your account, including activity by your employees and other authorized users, and for keeping your account information accurate.

3. The Services

We provide website design, hosting, and marketing automation services to tree service companies. The exact features available to you depend on your Subscription. We may add, modify, or discontinue features from time to time, but we will not materially reduce the core functionality of your Subscription without notice. Descriptions on the Site are provided for general information and are not professional, legal, or financial advice.

4. Fees, billing, and auto-renewal

• Fees. Current pricing is a one-time setup fee plus a monthly Subscription, as stated on the Site or in your order form or checkout. Subscriptions are month to month unless otherwise agreed in writing.
• Advance billing & auto-renewal. Subscription fees are billed in advance and renew automatically at the then-current rate each billing cycle until you cancel.
• Payment authorization. Payments are processed by a third-party payment processor. By providing a payment method, you authorize us to charge it for all amounts due, including Subscription fees, usage charges, and applicable taxes.
• Usage charges. Phone numbers, SMS/MMS messaging, and voice minutes may incur usage-based charges billed at the rates disclosed to you at or before signup. Rates may change with 30 days' notice.
• Price changes. We will give at least 30 days' notice of any Subscription price increase, effective at the start of a subsequent billing cycle.
• Taxes. Fees are exclusive of taxes; you are responsible for any applicable sales or similar taxes other than taxes on our income.

5. Service delivery

Services are considered delivered and rendered once your website has been completed and made available and your Platform and automation setup is finalized. Standard build time is approximately 7–10 business days after we receive your completed onboarding information (logo, photos, service details). Onboarding assistance may be provided but is not a prerequisite for fulfillment.

6. No refunds

All payments to Zenith are final and non-refundable, including setup fees, Subscription fees, and usage charges. Our work is custom-built for your business and begins promptly after payment; once delivery begins it cannot be reversed. Canceling your Subscription stops future billing as described in Section 10 but does not entitle you to a refund of amounts already paid.

7. No chargebacks

You agree not to initiate a chargeback or payment dispute for Services rendered, and to contact us first at [email protected] to resolve any billing concern. Filing a chargeback for delivered Services is a material breach of these Terms, and we reserve the right to submit evidence of acceptance, usage, and delivery to the card issuer, suspend or terminate your account, and pursue recovery of the disputed amount plus reasonable collection costs.

8. Payment failures and suspension

If a payment fails, we may retry it. If the balance remains unpaid 48 hours after the first failed attempt, we may suspend your account, website, and automations until the balance is paid. If it remains unpaid for 30 days, we may terminate your account as described in Section 12. Suspension does not relieve you of your payment obligations.

9. Free trials and promotions

We may offer discounts or promotional pricing from time to time. Promotional pricing applies for the period stated and reverts to standard pricing thereafter; promotions do not modify any other term of this agreement.

10. Cancellation

You may cancel your Subscription at any time by emailing [email protected] or through any cancellation mechanism we provide. Cancellation takes effect at the end of the current billing cycle; you will not be billed after that. Prepaid amounts are not refunded (Section 6).

11. Intellectual property

11.1 Our IP

The Platform, our software, templates, automations, designs, and all underlying technology are owned by Zenith or our licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to use them solely for your internal business purposes during your Subscription. All rights not expressly granted are reserved.

11.2 Your content and your domain

You retain ownership of your Client Content, and you grant us a non-exclusive, worldwide, royalty-free license to host, store, copy, display, and process it as needed to provide the Services. Your domain name is yours: if it is registered in your name, nothing changes on termination; if we registered it on your behalf, we will transfer the registration to you on request.

11.3 Websites on termination

Websites we build are licensed to you and hosted on our infrastructure while your Subscription is active. When your Subscription ends, your license to the website ends, and we are not obligated to transfer the site's source code, theme, or templates. You keep your Client Content and your domain.

11.4 Feedback

If you send us suggestions or feedback, we may use it without restriction or obligation to you.

12. Term, termination, and your data

These Terms apply from the moment you accept them until your Subscription ends. We may suspend or terminate your account if you breach these Terms, fail to pay amounts when due, create legal or regulatory risk for us, or where required by law. Upon termination, your access to the Services ends; we will retain Client Content for 30 days so you can export it, after which we may delete or archive it. You are responsible for exporting your data before that window closes. Provisions that by their nature should survive (intellectual property, indemnification, limitations of liability, dispute resolution, governing law) survive termination.

13. Acceptable use

You agree not to use the Services to:

• Send unsolicited messages, spam, or unlawful communications, or send messages without proper consent under the TCPA, CAN-SPAM Act, A2P 10DLC requirements, or applicable state law.
• Send content that is harassing, threatening, defamatory, fraudulent, or otherwise unlawful.
• Violate any person's privacy or any state or federal privacy law.
• Reverse-engineer the Platform, resell the Services without our written consent, or use the Services to build a competing product.
• Circumvent security measures or upload malicious code.

We may suspend or terminate accounts engaged in prohibited activity.

14. Your compliance obligations (messaging and data)

14.1 You are the sender

When you use the Services to send SMS, voice, or email messages to your customers and prospects, you — not Zenith — are the sender. You are solely responsible for: obtaining valid consent from every recipient where required by the TCPA, CAN-SPAM, A2P 10DLC rules, or state law; keeping proof of consent and producing it on request; honoring opt-outs (STOP, UNSUBSCRIBE) immediately; including required disclosures in your messages; scrubbing against the National Do Not Call Registry and applicable state registries before telemarketing to non-customers; and completing any carrier registration required for your campaigns.

14.2 Consumer data you upload

If you upload personal information about consumers (such as homeowner leads and customer lists) to the Platform, you act as the "business" or "controller" under applicable privacy laws and we act as your "service provider" or "processor." You represent that you have provided all required notices, obtained all required consents, and have the legal right to process that data through the Platform.

14.3 You indemnify us for your communications

Claims arising from messages you send or data you upload are your responsibility, as described in Section 16.

15. Disclaimers — no guaranteed results

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DO NOT GUARANTEE ANY SPECIFIC RESULTS — INCLUDING NUMBER OF LEADS, CALLS, REVIEWS, SALES, REVENUE, OR SEARCH RANKINGS. Marketing outcomes depend on factors outside anyone's control, including your market, pricing, reputation, and how you use the tools. Statistics and examples on the Site reflect third-party research or illustrative scenarios, not promises about your business.

16. Indemnification

You agree to defend, indemnify, and hold harmless Zenith and its owners, employees, contractors, and agents from any third-party claims, damages, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of: your use of the Services; your Client Content; communications you send through the Services (including TCPA and CAN-SPAM claims); your processing of consumer data; your violation of these Terms or any law; or your violation of any third party's rights.

17. Dispute resolution — binding arbitration and class action waiver

Please read this section carefully. It affects your legal rights.

17.1 Talk to us first

Before initiating any formal dispute, you and Zenith agree to try to resolve it informally by emailing [email protected] with a written description of the dispute. If it is not resolved within 30 days, either party may proceed under this Section.

17.2 Binding arbitration

Any dispute arising out of or relating to these Terms, the Site, or the Services will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will take place in Florida or remotely by agreement of the parties. Judgment on the award may be entered in any court of competent jurisdiction.

17.3 Class action waiver

EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any representative proceeding.

17.4 Carve-outs

Either party may bring an individual action in small claims court, or a court action for injunctive relief concerning infringement or misappropriation of intellectual property.

17.5 30-day opt-out

You may opt out of this arbitration agreement by emailing [email protected] within 30 days of first accepting these Terms, with the subject line "Arbitration Opt-Out" and a clear statement that you wish to opt out. Opting out does not affect any other provision of these Terms.

18. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) ZENITH WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION; AND (B) OUR TOTAL CUMULATIVE LIABILITY WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM OR $100. THESE LIMITATIONS APPLY REGARDLESS OF THE BASIS OF THE CLAIM AND ARE A FUNDAMENTAL PART OF THE BARGAIN BETWEEN US. Some jurisdictions do not allow certain limitations; in those jurisdictions, these limits apply to the maximum extent permitted.

19. Governing law and venue

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Subject to Section 17, any action not subject to arbitration must be brought exclusively in the state or federal courts located in Florida, and the parties consent to jurisdiction and venue there.

20. General

• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, including natural disasters, hurricanes, government actions, internet or telecommunications failures, and third-party platform outages.
• Assignment. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Notices. We may provide notices by email to the address on your account or by posting on the Site. You may provide notices to [email protected].
• Changes to these Terms. We may modify these Terms from time to time. For material changes, we will notify you by email or by posting notice on the Site at least 30 days before they take effect; continued use after the effective date constitutes acceptance.
• Entire agreement. These Terms, together with the Privacy Policy and any order form, are the entire agreement between us and supersede prior agreements on the same subject. If a signed agreement between us conflicts with these Terms, the signed agreement controls.
• Severability; waiver. If any provision is unenforceable, the rest remain in effect. Failure to enforce a provision is not a waiver of it.
• Independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

21. Consent and agreement

By purchasing any Services from Zenith or accepting these Terms at checkout, you confirm that you have read, understood, and agree to these Terms, including the no-refund policy (Section 6), the no-chargeback agreement (Section 7), and the binding arbitration agreement and class action waiver (Section 17, subject to your 30-day right to opt out).

22. Contact

Zenith Co.
Email: [email protected]
Web: zenithcomarketing.com