Terms & Conditions
Please read these Terms of Service carefully before using our website or engaging our digital marketing services.
Last Updated: 01/01/2026
Table of Contents
Agreement to Terms
Definitions
Description of Services
Website Use Terms
Client Responsibilities
Payment Terms
Intellectual Property
Confidentiality
Warranties & Disclaimers
Limitation of Liability
Indemnification
Third-Party Services
Advertising & FTC Compliance
Terms & Termination
Governing Law & Disputes
General Provisions
Contact Information
Agreement to Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and ZINC Digital LLC (“ZINC Digital,” “Company,” “we,” “us,” or “our”), a Florida limited liability company, governing your use of our website at zincdigital.co (the “Website”) and any digital marketing services we provide (collectively, the “Services”).
By accessing our Website or engaging our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Website or Services.
These Terms are entered into pursuant to the Florida Electronic Transactions Act (Florida Statutes Chapter 668) and the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act), which establish that electronic records and signatures have the same legal validity as paper documents and traditional signatures.
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our Website with a new “Effective Date.” Your continued use of our Website or Services after such changes constitutes acceptance of the modified Terms.
Definitions
For purposes of these Terms, the following definitions apply:
• “Agreement” means these Terms, together with any Service Agreement, Statement of Work, or other written agreement between you and ZINC Digital.
• “Client Materials” means all content, data, information, trademarks, logos, images, and other materials provided by you for use in the Services.
• “Deliverables” means all work product, designs, content, and other materials created by ZINC Digital in the course of providing Services.
• “Mobile Application” means any software application developed by ZINC Digital for use on mobile devices, including iOS and Android platforms.
• “Service Agreement” means any written agreement that specifies the scope, pricing, and terms of Services to be provided.
• “Services” means any digital marketing services provided by ZINC Digital, including but not limited to website design, mobile application development, local and national search engine optimization (SEO), pay-per-click advertising (PPC), social media marketing, graphic design, and business intelligence services.
• “Third-Party Platforms” means external services, websites, and platforms used in connection with our Services, including but not limited to Google, Meta (Facebook/Instagram), Apple App Store, Google Play Store, and other advertising, analytics, and distribution platforms.
Description of Services
ZINC Digital provides digital marketing services to businesses, including but not limited to:
• Website Design & Development: Custom website creation, redesign, and maintenance
• Mobile App Development: Custom iOS and Android mobile application design, development, and maintenance
• Local SEO: Search engine optimization services focused on local search visibility and Google Business Profile optimization
• National SEO: Comprehensive search engine optimization strategies for businesses targeting nationwide audiences
• PPC Management: Pay-per-click advertising campaign management on Google Ads and other platforms
• Social Media Advertising: Paid advertising campaigns on Facebook, Instagram, LinkedIn, and other social platforms
• Graphic Design: Brand identity, marketing materials, and visual content creation
• Business Intelligence: Analytics, reporting, and data-driven insights
The specific scope, deliverables, timeline, and pricing for Services will be outlined in a separate Service Agreement or Statement of Work. In the event of any conflict between these Terms and a Service Agreement, the Service Agreement shall control with respect to the specific Services covered therein.
Mobile Application Services
For mobile application development services, the following additional terms apply:
• Platform Requirements: Mobile applications are developed for iOS (Apple App Store) and/or Android (Google Play Store) as specified in the Service Agreement
• App Store Compliance: Client is responsible for maintaining compliance with Apple App Store Guidelines, Google Play Developer Program Policies, and any other applicable platform requirements
• Developer Accounts: Client is responsible for maintaining their own Apple Developer Program and Google Play Developer accounts, including all associated fees
• App Store Submission: ZINC Digital will assist with app submission, but approval is subject to each platform’s review process, which is beyond our control
• Ongoing Maintenance: Mobile applications require ongoing maintenance due to operating system updates, security patches, and platform policy changes. Maintenance services are provided as specified in the Service Agreement
• Third-Party Services: Mobile applications may integrate with third-party APIs and services, which are subject to their own terms of service and may incur additional costs
Local/National SEO Services
For local/national SEO services, the following additional terms apply:
• No Ranking Guarantees: Search engine algorithms are proprietary and constantly changing. ZINC Digital cannot and does not guarantee specific search engine rankings, positions, or placement timeframes
• Ethical Practices: All SEO services are performed using ethical, “white hat” techniques in compliance with Google’s Webmaster Guidelines and other search engine terms of service
• Timeline Expectations: Local/National SEO is a long-term strategy. Meaningful results typically require 6-12 months of consistent effort, though timelines vary based on competition, industry, and other factors
• Algorithm Changes: Search engine algorithm updates may impact rankings positively or negatively. ZINC Digital is not responsible for ranking fluctuations caused by algorithm changes
• Content Requirements: Effective SEO requires quality content. Client agrees to provide or approve content as needed for SEO campaigns
• Reporting: ZINC Digital will provide regular reporting on key performance indicators as specified in the Service Agreement
Website Use Terms
By accessing and using our Website, you agree to the following:
Permitted Use
You may use our Website for lawful purposes only. You agree not to:
• Use the Website in any way that violates any applicable federal, state, local, or international law or regulation
• Attempt to gain unauthorized access to any portion of the Website, other systems, or networks
• Use any robot, spider, or other automatic device to monitor or copy any content from the Website
• Introduce any viruses, malware, or other harmful material
• Engage in any conduct that restricts or inhibits anyone’s use of the Website
• Use the Website to transmit any advertising or promotional material without our consent
Website Availability
We strive to maintain Website availability, but do not guarantee uninterrupted access. We reserve the right to modify, suspend, or discontinue any aspect of the Website at any time without notice.
User Submissions
Any information you submit through our Website, including contact forms and consultation requests, is subject to our Privacy Policy.
Client Responsibilities
When engaging our Services, you agree to:
• Provide accurate, complete, and timely information necessary for the performance of Services
• Provide all Client Materials in a timely manner and in formats reasonably requested by ZINC Digital
• Respond to requests for feedback, approvals, and information within reasonable timeframes
• Ensure that all Client Materials do not infringe on any third-party intellectual property rights
• Maintain all necessary licenses, registrations, and permits required for your business operations
• Comply with all applicable laws, regulations, and platform terms of service in connection with our Services
• Provide access credentials to relevant accounts (website hosting, advertising accounts, etc.) as needed
Client Content Responsibility
You are solely responsible for ensuring that all Client Materials and content you provide comply with all applicable laws, including but not limited to truth-in-advertising requirements, intellectual property laws, and industry-specific regulations.
Payment Terms
Fees & Payment
Fees for Services will be specified in the applicable Service Agreement. Unless otherwise stated:
• All fees are quoted and payable in U.S. Dollars (USD)
• Payment is due within thirty (30) days of invoice date, unless otherwise specified
• We accept payment via credit card, ACH transfer, or check
• All fees are non-refundable unless otherwise specified in writing
Late Payments
Late payments will incur a late fee of one and one-half percent (1.5%) per month or the maximum rate permitted by Florida law, whichever is less. We reserve the right to suspend Services for accounts more than thirty (30) days past due.
Advertising Spend
For PPC, social media advertising, and other paid media services, advertising spend (media costs paid to third-party platforms) is separate from and in addition to our management fees. Client is responsible for all advertising spend, which may be billed directly by the platforms or invoiced through ZINC Digital as specified in the Service Agreement.
Taxes
Our fees do not include applicable sales tax, use tax, or other taxes. You are responsible for payment of all such taxes, excluding taxes based on ZINC Digital’s income.
Intellectual Property
Client Materials
You retain all ownership rights in Client Materials. You grant ZINC Digital a non-exclusive, royalty-free license to use, reproduce, modify, and display Client Materials solely for the purpose of providing Services.
ZINC Digital Materials
ZINC Digital retains all ownership rights in our proprietary tools, methodologies, templates, and pre-existing materials. Nothing in these Terms transfers ownership of such materials to you.
Deliverables
Upon full payment of all applicable fees, ZINC Digital grants you ownership of custom Deliverables specifically created for you, excluding:
• ZINC Digital’s pre-existing materials and proprietary tools
• Third-party materials licensed for use in Deliverables
• Generic or template-based elements that may be reused
Portfolio Rights
Unless you notify us otherwise in writing, we may display samples of work created for you in our portfolio, marketing materials, and case studies for promotional purposes.
Website Ownership
For website development projects, ownership terms will be specified in the applicable Service Agreement. Typically, upon full payment, you will own the custom content and design elements, while underlying code libraries, themes, and plugins remain subject to their respective licenses.
Mobile Application Ownership
For mobile application development projects, the following ownership terms apply unless otherwise specified in the Service Agreement:
• Custom Code: Upon full payment, you will own the custom application code specifically developed for your project
• Third-Party Libraries: Open-source libraries, SDKs, and third-party components incorporated into the application remain subject to their respective licenses (e.g., MIT, Apache, GPL)
• ZINC Digital Tools: Any proprietary tools, frameworks, or reusable components developed by ZINC Digital remain our property and are licensed to you for use within your application
• App Store Accounts: Applications are published under your developer accounts, and you retain ownership of those accounts and associated credentials
• Source Code: Source code will be provided upon full payment as specified in the Service Agreement
Confidentiality
Both parties agree to keep confidential all non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential (“Confidential Information”).
Obligations
The receiving party agrees to:
• Use Confidential Information only for purposes of performing obligations under these Terms
• Protect Confidential Information using the same degree of care used to protect its own confidential information, but no less than reasonable care
• Not disclose Confidential Information to third parties without prior written consent
Exceptions
Confidentiality obligations do not apply to information that:
• Is or becomes publicly available through no fault of the receiving party
• Was known to the receiving party prior to disclosure
• Is independently developed by the receiving party
• Is required to be disclosed by law, regulation, or court order
Warranties & Disclaimers
Our Warranty
ZINC Digital warrants that Services will be performed in a professional and workmanlike manner consistent with industry standards.
Your Warranty
You represent and warrant that:
• You have the authority to enter into these Terms
• All Client Materials are owned by you or properly licensed for use
• Client Materials do not infringe on any third-party rights
• All information you provide is accurate and complete
• Your use of Services will comply with all applicable laws
Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED HEREIN, ZINC DIGITAL PROVIDES THE WEBSITE AND SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
No Guarantee of Results
Digital marketing results depend on many factors beyond our control, including search engine algorithms, platform policies, market conditions, and competitor activity. ZINC Digital does not guarantee:
• Specific search engine rankings or positions
• Specific traffic volumes, leads, or conversions
• Specific return on investment (ROI)
• Continuous or uninterrupted advertising performance
Limitation of Liability
Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZINC DIGITAL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER ZINC DIGITAL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZINC DIGITAL’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO ZINC DIGITAL DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless ZINC Digital, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
• Your breach of these Terms or any Service Agreement
• Your violation of any applicable law or regulation
• Your Client Materials or any content you provide
• Any claim that Client Materials infringe on third-party intellectual property rights
• Your products, services, or business operations
• Any misrepresentation made by you
Third-Party Services & Platforms
Our Services may involve the use of third-party platforms and services, including but not limited to:
• Google (Google Ads, Google Analytics, Google Search Console, Google Business Profile, Google Play Store)
• Apple (App Store, Apple Developer Program)
• Meta (Facebook, Instagram)
• Microsoft (Bing Ads)
• Website hosting providers
• Email marketing platforms
• Other advertising, marketing, and app distribution tools
You acknowledge and agree that:
• Use of third-party platforms is subject to their respective terms of service and policies
• Third-party platforms may change their policies, algorithms, or features at any time without notice
• ZINC Digital is not responsible for changes, interruptions, or issues caused by third-party platforms
• Account suspension, advertising disapprovals, app rejections, or other actions by third-party platforms are beyond our control
• You are responsible for complying with all third-party platform terms and policies
• App Store and Google Play approval is not guaranteed and is subject to each platform’s review process
Advertising & FTC Compliance
ZINC Digital is committed to compliance with the Federal Trade Commission (FTC) Act and the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 CFR Part 255).
Truth in Advertising
All advertising content created by ZINC Digital will comply with FTC requirements for truthful, non-deceptive advertising. We will:
• Ensure advertising claims are truthful and substantiated
• Avoid deceptive or misleading claims
• Include required disclosures in advertising materials
• Clearly identify advertisements as such where required
Endorsements & Testimonials
If our Services include endorsement or testimonial marketing, we will comply with FTC guidelines, including:
• Disclosing material connections between endorsers and your brand
• Ensuring endorsers have actually used products/services they endorse
• Avoiding unrepresentative testimonials without appropriate disclosures
• Using clear and conspicuous disclosures (e.g., #ad, #sponsored)
Client Obligations
You are responsible for:
• Providing accurate information about your products and services
• Having substantiation for any claims you ask us to make in advertising
• Informing us of any regulatory requirements specific to your industry
• Complying with industry-specific advertising regulations (e.g., healthcare, financial services)
Industry-Specific Compliance
Certain industries are subject to additional advertising regulations (e.g., healthcare, financial services, real estate, legal services). You are responsible for ensuring compliance with all industry-specific regulations and informing us of any such requirements.
Term & Termination
Term
The term of our engagement will be specified in the applicable Service Agreement. For ongoing monthly services, we require a six (6) month initial commitment to allow adequate time for marketing strategies to produce measurable results.
Termination for Convenience
After any initial commitment period, either party may terminate ongoing Services by providing thirty (30) days’ written notice to the other party.
Termination for Cause
Either party may terminate immediately upon written notice if the other party:
• Materially breaches these Terms and fails to cure such breach within fifteen (15) days of written notice
• Becomes insolvent, files for bankruptcy, or makes an assignment for the benefit of creditors
• Engages in illegal or unethical conduct
Effect of Termination
Upon termination:
• You will pay all fees for Services rendered through the termination date
• ZINC Digital will provide reasonable transition assistance for active campaigns
• Each party will return or destroy Confidential Information of the other party
• Provisions that by their nature should survive termination will continue in effect
Governing Law & Dispute Resolution
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
Forum Selection
Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in Bay County, Florida. You consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum.
Informal Resolution
Before initiating any formal dispute resolution, the parties agree to attempt to resolve disputes informally by contacting each other directly. You may contact us at zinc@zincdigital.co.
Attorneys’ Fees
In any action or proceeding to enforce these Terms, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party.
Waiver of Jury Trial
TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS.
Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
General Provisions
Entire Agreement
These Terms, together with any Service Agreement, constitute the entire agreement between you and ZINC Digital regarding the subject matter hereof and supersede all prior agreements and understandings.
Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be stru,ck and the remaining provisions shall remain in full force and effect.
Waiver
The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
Independent Contractors
The relationship between you and ZINC Digital is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
Force Majeure
Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, government actions, pandemics, or internet or infrastructure failures.
Notices
All notices under these Terms shall be in writing and delivered by email, certified mail, or overnight courier. Notices to ZINC Digital should be sent to hello@zincdigital.co or 97 Oak Avenue, Suite 7, Panama City, FL 32401.
Headings
Section headings are for convenience only and shall not affect the interpretation of these Terms.
Contact Us
If you have any questions about these Terms of Service, please contact us:
ZINC Digital
Miami, FL | Panama City, FL
Email: zinc@zincdigital.co
Phone: (786) 575-4837 | (786) 575-1104
