Terms of Service

Effective date: October 5, 2026 · Last updated: October 26, 2026

These Terms of Service ("Terms") are a binding agreement between Zenith Co Marketing, LLC, a Florida limited liability company doing business as 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"), signing or accepting an Order Form, or buying any of our services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

1. Definitions

• Services means the Ads Program and any website, automation, messaging, or other service we provide to you.
• Ads Program means our paid advertising service for tree companies: setting up and managing ads in your Ad Accounts, a landing page, and the texts, calls, booking, and reminders that follow up on each Lead.
• Ad Accounts means advertising accounts on platforms such as Meta (Facebook and Instagram) and Google that are in your business's name and paid with your payment method.
• Ad Spend means the money you pay ad platforms to run your ads.
• Lead means a person who responds to your ads, for example by filling out your landing page.
• Booked Estimate means an estimate appointment that a Lead books on your calendar through the Ads Program.
• Shown Estimate means a Booked Estimate that meets every condition in Section 5.3.
• Service Area means the counties, cities, or ZIP codes listed in your Order Form.
• Services List means the kinds of tree work you do, as listed in your Order Form.
• Order Form means the written proposal, order form, checkout page, or confirming email that states your fees, Service Area, Services List, and minimum daily ad budget.
• Platform means the software we use to provide the Services, including the GoHighLevel/LeadConnector-based environment.
• Client Content means text, photos, logos, business information, customer lists, Leads, and other material you provide to us or that is created for you within the Platform.
• Subscription means a recurring monthly payment for a website or automation plan.

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 Ads Program

3.1 What we do

• Build your landing page and set up ads in your Ad Accounts aimed at homeowners in your Service Area.
• Follow up on each new Lead with a text and a call in your business's name. We aim to do this within 60 seconds of the Lead submitting the form. Delays can happen when phone carriers, ad platforms, or software providers have problems.
• Offer the Lead times from your calendar, put the estimate on your calendar when they pick one, and send them a reminder before the appointment.
• Manage and adjust the ads while the Ads Program is active.

3.2 When ads go live

Ads usually go live 1 to 2 weeks after your setup fee is paid and you have given us the access and information listed in Section 3.3. This is an estimate, not a guarantee. Ad platform review times are outside our control.

3.3 What you provide

• Access to your Ad Accounts at the level we need to run ads, with a working payment method on file with each platform.
• Access to the calendar we book estimates on, and availability on that calendar that you keep accurate.
• Your Service Area and Services List, and prompt notice when either changes.
• Business information, and any photos or logos you want used in ads. You confirm you own or have permission to use anything you send us.

3.4 The estimates and the work are yours

You are responsible for your estimates, your prices, the tree work, your licenses and insurance, and your dealings with homeowners. We are not a party to any agreement between you and a homeowner.

4. Ad Spend

• You pay the platforms directly. Ad Spend is billed by the ad platforms to your payment method. It never passes through us, and we never charge you for it.
• Minimum daily budget. You agree to keep your daily ad budget at or above the minimum in your Order Form. If your budget falls below it, your payment method fails with a platform, or a platform pauses your ads, we may pause the Ads Program until it is fixed.
• Platform rules. Your Ad Accounts are subject to each platform's terms and policies. We follow those policies, but we are not responsible for platform decisions, including rejected ads, account restrictions, policy changes, outages, or billing errors by a platform.
• Your accounts stay yours. Your Ad Accounts and their history belong to you. If the Ads Program ends, you keep them, and you may remove our access.

5. Fees and what counts as a shown estimate

5.1 Setup fee

You pay a one-time setup fee, stated in your Order Form, before we start work. It covers your landing page and setting up the texts, calls, booking, and reminders for your Leads.

5.2 Per-estimate fee

After setup, you pay the flat fee stated in your Order Form for each Shown Estimate. Fees are set when we talk, based on your area and your mix of jobs.

5.3 What counts as shown

A Booked Estimate is a Shown Estimate only if all three of these are true:

• The homeowner booked it through the Ads Program.
• You or your crew arrived at the booked time, or at a new time the homeowner agreed to.
• The homeowner, or someone they authorized, was there to walk the job.

5.4 What does not bill

• Leads outside your Service Area.
• Leads asking for work that is not on your Services List.
• Homeowners who don't show.
• The same homeowner booking the same job more than once. It counts one time.

5.5 Appointments you cancel or miss

A Booked Estimate that you cancel, move, or miss is not billed. Because each one still uses Ad Spend, we may pause the Ads Program if it happens often, and we will tell you before we do.

5.6 Marking estimates as shown

Within 3 business days after each Booked Estimate, you mark it as shown or not shown using the method we set up with you, such as a text reply or your calendar. If an estimate is not marked within that time, it counts as shown.

5.7 Questioning a charge

If you believe an estimate was billed by mistake, email us within 14 days of the invoice and tell us which one and why. We will review the calendar, text, and call records and credit any estimate that did not meet Section 5.3.

5.8 Billing schedule and payment

• Schedule. Unless your Order Form says otherwise, we invoice once a week for the Shown Estimates from the week before.
• 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 under these Terms, including applicable taxes.
• Price changes. We will give you at least 30 days' notice before changing your per-estimate fee. A change never applies to estimates that were booked before it takes effect.
• Taxes. Fees do not include taxes. You are responsible for any applicable sales or similar taxes other than taxes on our income.

6. Your service area is yours

• While your Ads Program is active and your account is in good standing, we will not run ads for another tree service company in your Service Area.
• This covers ads we run. It does not stop other companies or agencies from advertising, and it does not cover businesses outside tree service.
• If your Service Area overlaps another client's at the edges, the areas listed in each Order Form control.
• This promise ends when your Ads Program ends or is suspended for nonpayment. If you pause the Ads Program for more than 30 days in a row, we may end it after telling you by email.

7. Website and automation plans

This Section applies if you have a website, missed-call text back, review request, or other automation plan billed as a Subscription.

• Fees. A one-time setup fee plus a monthly Subscription, as stated in your Order Form or at checkout. Subscriptions are month to month unless otherwise agreed in writing.
• Advance billing and auto-renewal. Subscription fees are billed in advance and renew automatically at the then-current rate each billing cycle until you cancel.
• Usage charges. Phone numbers, text messages, and voice minutes may incur usage-based charges 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 later billing cycle.
• Delivery. Services are delivered once your website is completed and made available and your Platform and automation setup is finished. Standard build time is about 7 to 10 business days after we receive your completed onboarding information.
• Cancellation. You may cancel at any time by emailing zachary@zenithcomarketing.com. Cancellation takes effect at the end of the current billing cycle, and you will not be billed after that.

8. Messages sent for your business

8.1 You are the sender

The texts, calls, and reminders sent to your Leads go out in your business's name, so you, not Zenith, are the sender. For the Ads Program, we set up the landing page so Leads agree to be contacted before they submit it, and we set up opt-out handling. You agree not to change that consent language or opt-out handling without telling us.

You are responsible for following the law when your business contacts Leads and customers, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, carrier and A2P 10DLC rules, and state law such as the Florida Telephone Solicitation Act. That includes honoring opt-outs (such as STOP) right away, contacting Leads only about what they asked for, and not uploading other contact lists for messaging without valid consent.

8.2 Leads and customer data

Leads and other personal information collected for you belong to you. 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 and have the legal right to process that information through the Platform.

8.3 Claims about your messages

Claims arising from messages sent in your name or data you provide are your responsibility, as described in Section 17.

9. Refunds

• Setup fees are non-refundable once we start building your landing page or website.
• Per-estimate fees are non-refundable, except for credits for estimates billed by mistake under Section 5.7.
• Subscription fees and usage charges are non-refundable. Canceling stops future billing but does not refund amounts already paid.
• Ad Spend is between you and the ad platform. We cannot refund it.

10. No chargebacks

You agree not to start a chargeback or payment dispute for Services rendered, and to contact us first at zachary@zenithcomarketing.com to resolve any billing concern. Filing a chargeback for delivered Services is a material breach of these Terms. We may submit evidence of acceptance, use, and delivery to the card issuer, suspend or end your account, and pursue the disputed amount plus reasonable collection costs.

11. Payment failures and suspension

If a payment fails, we may retry it. If the balance is still unpaid 48 hours after the first failed attempt, we may pause your ads and suspend your website and automations until it is paid. If it is still unpaid after 30 days, we may end your account as described in Section 14. Suspension does not relieve you of your payment obligations.

12. Stopping the Ads Program

• There is no long-term contract. You can stop at any time by emailing zachary@zenithcomarketing.com.
• We will turn your ads off within 2 business days of your email.
• Estimates booked before the ads are turned off are still billed if they meet Section 5.3.
• The setup fee is not refunded (Section 9).

13. Intellectual property

13.1 Our property

The Platform, our software, landing pages, templates, automations, designs, and the technology behind them are owned by Zenith or our licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to use them only for your own business while your Services are active. All rights not expressly granted are reserved.

13.2 Your content, your domain, and your ads

You keep 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 when we stop working together; if we registered it for you, we will transfer it to you on request. You may keep using the ads in your Ad Accounts after the Ads Program ends.

13.3 Landing pages and websites when Services end

Landing pages and websites we build are licensed to you and hosted on our infrastructure while your Services are active. When they end, the license ends, the pages come down, and we are not required to transfer source code, themes, or templates. You keep your Client Content, your Leads, and your domain.

13.4 Feedback

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

14. Term, termination, and your data

These Terms apply from the moment you accept them until all your Services end. We may suspend or end 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. When your account ends, your access to the Services ends, and we will keep Client Content, including your Leads, for 30 days so you can export it. After that we may delete or archive it. Provisions that by their nature should survive, including intellectual property, indemnification, limitations of liability, dispute resolution, and governing law, survive termination.

15. 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.
• Run ads or send content that is false, misleading, 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.
• Get around security measures or upload malicious code.

We may suspend or end accounts engaged in prohibited activity.

16. 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 THE NUMBER OF LEADS, BOOKED ESTIMATES, SHOWN ESTIMATES, JOBS WON, REVENUE, OR SEARCH RANKINGS. Advertising results depend on things outside anyone's control, including your market, season, pricing, reputation, ad platform decisions, and how you follow up. Paying per Shown Estimate means you pay only for estimates that happen. It is not a promise that any will. Examples and calculators on the Site use illustrative or your own numbers and are not promises about your business.

17. 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; messages sent in your business's name (including TCPA, CAN-SPAM, and state telemarketing claims); your processing of personal information; the estimates, quotes, and tree work you provide to homeowners; your violation of these Terms or any law; or your violation of any third party's rights.

18. Dispute resolution, binding arbitration, and class action waiver

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

18.1 Talk to us first

Before starting any formal dispute, you and Zenith agree to try to resolve it informally by emailing zachary@zenithcomarketing.com with a written description of the dispute. If it is not resolved within 30 days, either party may proceed under this Section.

18.2 Binding arbitration

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

18.3 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.

18.4 Exceptions

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

18.5 30-day opt-out

You may opt out of this arbitration agreement by emailing zachary@zenithcomarketing.com 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 part of these Terms.

19. 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 BEFORE THE CLAIM OR $100. AD SPEND PAID TO AD PLATFORMS IS NOT AN AMOUNT PAID TO US. 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.

20. 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 18, any action not subject to arbitration must be brought only in the state or federal courts located in Florida, and the parties consent to jurisdiction and venue there.

21. Text messages from Zenith

If you give us your mobile number and check a consent box, for example in the chat widget on our site, Zenith Co. may text you about your inquiry and your appointment, including reminders, and, if you check the promotional box, about our services and offers. Message frequency varies. Message and data rates may apply. Reply STOP to opt out or HELP for help, or email zachary@zenithcomarketing.com. Carriers are not liable for delayed or undelivered messages. Consent is not a condition of purchase. Our Privacy Policy explains how we handle your number.

22. General

• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, including hurricanes and other natural disasters, government actions, internet or telecommunications failures, and ad platform or other third-party 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 give notices by email to the address on your account or by posting on the Site. You may give notices to zachary@zenithcomarketing.com.
• Changes to these Terms. We may change 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 means you accept the changes.
• Entire agreement. These Terms, together with the Privacy Policy and your Order Form, are the entire agreement between us and replace prior agreements on the same subject. If your Order Form or another signed agreement between us conflicts with these Terms, the Order Form or signed agreement controls.
• Severability and waiver. If any provision is unenforceable, the rest remain in effect. Not enforcing a provision is not a waiver of it.
• Independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

23. Consent and agreement

By signing or accepting an Order Form, buying any Services from Zenith, or accepting these Terms at checkout, you confirm that you have read, understood, and agree to these Terms, including the refund policy (Section 9), the no-chargeback agreement (Section 10), and the binding arbitration agreement and class action waiver (Section 18, subject to your 30-day right to opt out).

24. Contact

Zenith Co.
Email: zachary@zenithcomarketing.com
Web: zenithcomarketing.com