Terms of Service

Acceptance of Terms

By engaging Digital Zenith for any service — strategy, SEO, paid media, content, email, web design, or brand work — you confirm that you have the authority to bind your organization to these Terms of Service and any signed statement of work ("SOW") referencing them.

If you do not agree to these terms, please do not sign a proposal, submit a deposit, or otherwise instruct us to begin work. Continued use of our services after changes to these terms constitutes acceptance of the revised version.

Our Services

Digital Zenith provides digital marketing services, the specifics of which are defined in each client's SOW. Generally, this includes one or more of the following:

• Strategy & discovery — audits, competitive research, and a written roadmap.
• Execution — SEO, paid media, social, email/lifecycle, and web design and development.
• Reporting — monthly performance reviews tied to the metrics agreed in your SOW.

Services begin once a signed SOW and any required deposit are received. Timelines in proposals are estimates; actual delivery dates depend on timely client feedback, access, and asset delivery as described in Section 3.

Client Responsibilities

To deliver the work described in your SOW, we rely on you to:

• Provide timely access to relevant accounts (ad platforms, analytics, CMS, email tools) and revoke that access only with prior written notice to us.
• Supply brand assets, copy approvals, and feedback within the timelines outlined in your SOW.
• Ensure that any content, products, or claims you ask us to promote comply with applicable advertising laws and platform policies.
• Designate a single point of contact authorized to approve budgets, creative, and campaign launches.

Fees & Payment

Fees, billing frequency, and ad-spend handling are set out in your SOW. Unless otherwise agreed in writing:

• Retainers are invoiced monthly in advance and due within 14 days of the invoice date.
• Project-based work requires a 50% deposit before work begins, with the remainder due on delivery.
• Third-party media spend (e.g., Google Ads, Meta) is billed separately and is not included in our service fees.
• Invoices unpaid after 30 days may result in a pause of active services until the account is brought current.

Campaign Performance

Digital Zenith applies industry best practices to every engagement, but we do not guarantee specific results — including rankings, traffic, conversion rates, or revenue figures — unless a guarantee is explicitly stated in your signed SOW.

Marketing performance depends on variables outside our control, including platform algorithm changes, market conditions, and client-side execution (such as product availability or site uptime). Case studies and figures showed on our website reflect specific past engagements and are not a promise of similar outcomes for future clients.

Intellectual Property

Upon full payment, you own the final deliverables created specifically for you under your SOW — including copy, creative assets, and code built for your campaigns or website.

Digital Zenith retains ownership of our internal frameworks, templates, reporting tools, and proprietary processes used to deliver the work, and may reuse general techniques and learnings (not your confidential data) across other client engagements. We may request permission to reference your brand name and results in our portfolio and case studies; you may decline this in writing at any time.

Confidentiality

Both parties agree to keep confidential any non-public information shared during the engagement — including campaign performance data, business strategy, and account credentials — and to use it solely for the purpose of fulfilling this agreement.

This obligation survives termination of services for a period of two years, and does not apply to information that becomes public through no fault of the receiving party, or that is required to be disclosed by law.

Term & Termination

Retainer engagements run month-to-month after any initial minimum term stated in your SOW, and may be cancelled by either party with 30 days' written notice.

Project-based engagements conclude upon delivery and final payment of agreed deliverables. Upon termination, you remain responsible for fees incurred for work completed, and for any third-party costs committed on your behalf prior to the termination date (e.g., pre-paid ad spend or software licenses).

Limitation of Liability

To the maximum extent permitted by law, Digital Zenith's total liability for any claim arising from these terms or our services is limited to the fees paid by you for the specific service giving rise to the claim during the three months preceding the claim.

We are not liable for indirect, incidental, or consequential damages, including lost profits or lost data, even if advised of the possibility of such damages.

Indemnification

You agree to indemnify and hold Digital Zenith harmless from any claims, damages, or expenses arising from content, products, or claims you instruct us to promote that infringe a third party's rights or violate applicable law. We agree to indemnify you against claims arising from our gross negligence or willful misconduct in delivering the agreed services.

Governing Law

These terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. Any dispute arising from this agreement will be resolved exclusively in the state or federal courts located in Travis County, Texas, and both parties consent to that jurisdiction.

Changes to These Terms

We may update these terms from time to time to reflect changes in our services or legal requirements. Material changes will be communicated to active clients by email at least 14 days before taking effect. The "Last updated" date at the top of this page always reflects the current version.

Electronic Signatures & Counterparts

Statements of Work, proposals, and amendments connected with these terms may be executed using electronic signature platforms (e.g., DocuSign, PandaDoc) or via digital authorization forms. Both parties agree that electronic signatures carry the same legal weight and enforceability as handwritten signatures.

Furthermore, agreements may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one single legal document binding both operational parties equally.