Summary: These Terms govern your use of ZEG services. By purchasing or using any service, you agree to these Terms. If you have questions, contact us at support@zenithelevation.com before proceeding.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client" or "you") and Zenith Elevation Group, LLC ("ZEG," "we," "us," or "our"), a limited liability company organized under the laws of the State of Oklahoma. By accessing our website, purchasing any service, or engaging ZEG for any work, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not agree with any part of these Terms, you must not use our services.
ZEG provides custom website design and development, managed web hosting, domain registration and management, AI consultation, workflow automation, and related digital services (collectively, "Services"). The specific scope, deliverables, and pricing for each Service are described on our website or in a written proposal accepted by both parties.
We reserve the right to modify, suspend, or discontinue any Service at any time. Where feasible, we will provide reasonable notice of material changes.
All one-time build fees are due at the time of purchase. Monthly recurring fees (hosting, retainers) are billed in advance on the date service activates and recur on the same date each month. All payments are processed through Stripe. ZEG does not store credit card or banking information.
Invoices not paid within 10 days of the due date may result in service suspension. ZEG reserves the right to assess a late fee of 1.5% per month on balances outstanding beyond 30 days. All fees are non-refundable except as expressly stated in Section 9.
Stated build timelines begin when ZEG receives all required materials from the Client, including but not limited to: business information, logo files, photography, copy, and any specific requirements or preferences. Delays caused by late or incomplete Client-provided content do not extend any stated turnaround guarantees or constitute a breach by ZEG.
ZEG will make commercially reasonable efforts to meet stated timelines. However, timelines are estimates and not guarantees. ZEG shall not be liable for delays caused by circumstances outside its reasonable control.
Each plan includes a defined number of revision rounds as stated at the time of purchase. A revision round is defined as a consolidated set of changes submitted in a single communication. Additional revisions beyond the included rounds may be billed at ZEG's then-current hourly rate ($150/hour), or as a separately quoted change order.
Requests that materially expand the scope of the original project (new pages, new functionality, new integrations not included in the original scope) constitute a change order and will be quoted separately.
Upon receipt of full payment for a build, ownership of the custom website design and all deliverables created specifically for the Client transfers to the Client. This includes HTML, CSS, JavaScript, and written content authored by ZEG for the project.
ZEG retains the right to display completed work in its portfolio and marketing materials unless the Client requests confidentiality in writing. Third-party assets incorporated into the project (stock photos, licensed fonts, plugins, frameworks, libraries) remain subject to their respective licenses and are not transferred to the Client by ZEG.
ZEG retains all rights to its proprietary tools, templates, processes, and pre-existing intellectual property used in performing services.
Any website preview, mockup, or demonstration ZEG provides before full payment is supplied for evaluation purposes only. It grants the Client no license or right to use, copy, reproduce, host, publish, or repurpose the preview or any of its underlying code, content, images, or design assets, in whole or in part, by the Client or any third party. ZEG retains all right, title, and interest in every preview until the applicable project is paid in full and ownership transfers under this Section. If the Client does not proceed, all rights in the preview remain with ZEG.
You agree to:
Hosting services are provided on a month-to-month basis with no annual contract required. You may cancel at any time with written notice to support@zenithelevation.com. Hosting services will continue through the end of the current billing period upon cancellation, after which your site will be taken offline.
Upon request, ZEG will provide a copy of your website files within 30 days of cancellation. ZEG is not responsible for retaining backups beyond 30 days post-cancellation.
ZEG targets 99.9% monthly uptime for hosted websites. Scheduled maintenance will be communicated in advance where practicable. ZEG is not liable for downtime caused by third-party infrastructure providers, distributed denial-of-service (DDoS) attacks, force majeure events, or client-authorized changes that result in instability.
ZEG relies on third-party infrastructure and service providers, including but not limited to hosting and cloud providers, content delivery networks, domain registrars, DNS providers, certificate authorities and SSL providers, email and deliverability services, and payment processors. ZEG is not responsible or liable for outages, failures, suspensions, price changes, deprecations, or data loss caused by any third-party provider or any event outside ZEG's reasonable control. Where possible, ZEG will make commercially reasonable efforts to restore service or migrate to an alternative provider.
ZEG does not offer refunds on completed services or work already performed. If you are dissatisfied with a deliverable, ZEG will work with you in good faith to resolve the issue within the scope of the project.
If ZEG is unable to deliver the agreed service due to circumstances within ZEG's control, we will provide a prorated refund for the undelivered portion. Monthly hosting fees are non-refundable once a billing period has begun.
Both parties agree to keep confidential any proprietary or sensitive information shared in the course of the engagement. ZEG will not disclose your business strategies, pricing, client lists, or other non-public information to third parties without your consent, except as required by law. This obligation survives termination of the agreement.
To the fullest extent permitted by applicable law, ZEG's total liability to you for any claim arising out of or relating to these Terms or our services shall not exceed the total fees paid by you to ZEG in the 90 days preceding the claim.
ZEG shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, loss of data, or business interruption, even if ZEG has been advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless ZEG and its members, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your violation of these Terms; (b) your use of our services; (c) content you provide to ZEG; or (d) your violation of any applicable law or the rights of any third party.
Either party may terminate the service relationship with 30 days written notice to the other party. ZEG reserves the right to suspend or terminate service immediately and without notice for: non-payment of fees, breach of these Terms, hosting of illegal content, or conduct that ZEG reasonably determines poses a risk to ZEG, its infrastructure, or other clients.
Upon termination, all outstanding fees become immediately due and payable. Sections 6, 10, 11, 12, 15, and 17 survive termination of this agreement.
Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. ZEG does not warrant that services will be uninterrupted, error-free, or free of viruses or other harmful components.
Some ZEG services use artificial intelligence and automation, including large language models and third-party AI providers. AI systems are probabilistic and can produce output that is inaccurate, incomplete, outdated, biased, or otherwise unexpected. ZEG does not warrant the accuracy, completeness, or fitness for any purpose of AI-generated content, responses, or automated workflows. The Client is responsible for reviewing and validating AI output before relying on it and for ensuring its use complies with applicable laws and platform terms. ZEG is not liable for any decision, action, or loss resulting from AI output once a tool or workflow is delivered to or operated by the Client. AI features may also depend on third-party models and services that can change, be deprecated, or experience downtime outside ZEG's control.
These Terms are governed by and construed in accordance with the laws of the State of Oklahoma, without regard to conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or our services shall be resolved exclusively in the state or federal courts located in Tulsa County, Oklahoma. You consent to personal jurisdiction in those courts.
Before initiating any legal proceeding, both parties agree to attempt in good faith to resolve any dispute through direct negotiation for a period of 30 days.
Where ZEG provides search engine optimization, local search optimization, site health, performance, or related marketing services, the Client understands that search engines, including Google, and the platforms they operate are controlled by independent third parties. ZEG does not control and cannot guarantee search rankings, indexing, impressions, click-through rates, traffic volume, lead volume, conversion rates, or any specific return on investment. Search algorithms, ranking factors, and platform policies change frequently and without notice, and results depend on factors outside ZEG's control, including competitor activity, the Client's market, the Client's own content and operations, and changes made to the site or its listings by the Client or third parties.
ZEG applies current best practices and provides recommendations in good faith. Any timelines, projections, or examples of past results are illustrative only and are not a promise of future outcomes. Where ZEG configures or manages third-party services on the Client's behalf, including Google Business Profile, analytics, or directory listings, the Client is responsible for maintaining ownership of and compliance with those accounts and the applicable platform terms. The Client authorizes ZEG to create, claim, verify, update, and manage business profiles and directory listings on the Client's behalf using business information the Client provides or approves. Listing and profile submissions rely on the business information the Client approves, including approvals recorded in the client portal. The Client warrants that approved information is accurate and complete and will notify ZEG promptly of any changes.
Where ZEG builds, hosts, or operates a website, form, chatbot, automation, or AI tool that collects or processes personal information from the Client's own customers, visitors, or end users, the Client is the data controller and ZEG acts as a data processor handling that information on the Client's behalf and on the Client's instructions. The Client remains solely responsible for the lawful collection and use of its end users' personal information, including providing its own privacy policy, obtaining any required notices or consents, honoring data subject and opt-out requests, and complying with all applicable privacy, data protection, and electronic communications laws, including but not limited to the GDPR, CCPA/CPRA, CAN-SPAM, and TCPA where they apply.
ZEG will process such end-user data only to provide and maintain the contracted services and will not use it for ZEG's own purposes. Some features rely on third-party infrastructure and AI providers that may process data to deliver functionality, and the Client authorizes ZEG to engage these providers as subprocessors for that purpose. ZEG's handling of personal information that ZEG itself collects as a controller is described in our Privacy Policy at zenithelevation.com/privacy. Nothing in this Section makes ZEG responsible for the Client's compliance obligations as the controller of its end users' data.
When ZEG registers or manages a domain name on the Client's behalf, the domain is registered for the Client's benefit and the Client is the beneficial owner of the domain. Domain registration is subject to the policies of the applicable registrar and ICANN, including verification, transfer, and dispute requirements. The Client is responsible for keeping domain registration and any associated renewal fees current. ZEG is not liable for the loss, suspension, expiration, or non-renewal of a domain caused by non-payment, by the Client's instructions, by registrar or ICANN action, or by any cause outside ZEG's reasonable control.
On written request, and once all outstanding fees are paid, ZEG will provide the information reasonably necessary to transfer the domain to the Client or a registrar of the Client's choosing, subject to any registrar or ICANN transfer lock periods. ZEG does not guarantee the availability of any specific domain name.
ZEG reserves the right to update these Terms at any time. Material changes will be communicated via email to active clients at least 14 days before they take effect. Continued use of our services after the effective date of revised Terms constitutes acceptance of the changes. The most current version will always be available at zenithelevation.com/terms.
These Terms, together with any written project proposals or service agreements signed by both parties, constitute the entire agreement between you and ZEG with respect to the subject matter herein and supersede all prior communications, proposals, or agreements, whether written or oral.
ZEG builds using modern development and accessibility best practices and aims to follow current guidance such as the Web Content Accessibility Guidelines. ZEG does not warrant or guarantee that any website complies with the Americans with Disabilities Act or any other accessibility law, standard, or level of conformance, as these requirements are evolving, fact-specific, and depend on content the Client controls. The Client is responsible for ongoing accessibility compliance, for any content, plugins, or media added after delivery, and for arranging any formal audit, certification, or remediation it determines it needs. ZEG can provide accessibility improvements as a separate paid engagement on request.
If any provision of these Terms is found unenforceable, that provision will be limited or removed to the minimum extent necessary and the remaining provisions will remain in full force.
Questions about these Terms should be directed to:
Zenith Elevation Group, LLC
Broken Arrow, Oklahoma
Email: support@zenithelevation.com
General inquiries: hello@zenithelevation.com