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.
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 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, and 15 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.
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.
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.
Questions about these Terms should be directed to:
Zenith Elevation Group, LLC
Broken Arrow, Oklahoma
Email: support@zenithelevation.com
General inquiries: hello@zenithelevation.com