Legal

Terms of Service

SM ZENITH AGENCY LLC  ·  Last Updated: May 8, 2025  ·  Effective Date: May 8, 2025

Please read these Terms of Service ("Terms") carefully before using the website at sm-zenith-agency.com (the "Site") or engaging any services provided by SM Zenith Agency LLC ("Company," "we," "us," or "our"). By accessing the Site or entering into a service agreement with us, you agree to be bound by these Terms.

1. Company Information

SM Zenith Agency LLC is a Limited Liability Company organized and existing under the laws of the State of Florida, United States. Our principal place of business is located at 2880 W Oakland Park Blvd, Suite 225C, Oakland Park, FL 33311, USA. For inquiries: clear@sm-zenith-agency.com.

2. Services Description

SM Zenith Agency LLC provides social media marketing, content creation and creative strategy, community building, and digital consulting services to businesses, brands, and individuals. The specific scope, deliverables, timelines, and fees for any engagement are set forth in a separate written service agreement or proposal accepted by both parties.

3. Website Use

You may use this Site for lawful purposes only. You agree not to:

  • Use the Site in any way that violates applicable local, national, or international laws or regulations
  • Transmit any unsolicited or unauthorized advertising or promotional material (spam)
  • Attempt to gain unauthorized access to any part of the Site or its related systems
  • Reproduce, duplicate, copy, or resell any part of the Site in violation of these Terms
  • Use automated tools to scrape, harvest, or collect data from this Site without prior written consent

4. Client Responsibilities

When engaging our services, clients agree to:

  • Provide accurate, complete, and timely information required for service delivery
  • Grant necessary permissions and access to social media accounts and brand assets
  • Review and provide feedback on deliverables within the timeframes specified in the service agreement
  • Ensure all materials provided to us (logos, images, copy) do not infringe any third-party intellectual property rights
  • Comply with the terms of service of all third-party platforms used in connection with our services

5. Payment Terms

Payment terms are specified in the written service agreement. General terms include:

  • Retainer fees are invoiced monthly at the beginning of each service period
  • Invoices are due within 30 days of issuance (net-30), unless otherwise agreed
  • Late payments may incur interest charges at 1.5% per month or the maximum rate permitted by law, whichever is less
  • We reserve the right to pause services for accounts with outstanding invoices older than 15 days past due
  • All fees are quoted and billed in US Dollars unless otherwise agreed in writing

6. Intellectual Property

Our Content: All content on this Site, including text, graphics, logos, and code, is the intellectual property of SM Zenith Agency LLC and is protected by applicable copyright and trademark laws. You may not reproduce, distribute, or create derivative works without our express written permission.

Client Content: You retain all intellectual property rights in any materials, brand assets, and content you provide to us. By providing these materials, you grant us a non-exclusive, royalty-free license to use them solely for the purpose of delivering the agreed services.

Deliverables: Upon receipt of full payment, intellectual property rights in deliverables created specifically for you transfer to you, unless otherwise specified in your service agreement. We retain the right to display deliverables in our portfolio unless you request otherwise in writing.

7. Confidentiality

Both parties agree to keep confidential any non-public, proprietary, or sensitive information disclosed during the course of the engagement ("Confidential Information"). Neither party will disclose Confidential Information to third parties without the other's written consent, except as required by law. This obligation survives termination of the service agreement.

8. No Guarantee of Results

Social media growth and digital marketing involve many variables outside our control, including platform algorithm changes, market conditions, and competitive dynamics. We apply professional expertise and best practices, but we do not and cannot guarantee specific follower counts, engagement rates, revenue figures, or other quantitative outcomes. Any projections or estimates provided are for illustrative purposes only.

9. Limitation of Liability

To the fullest extent permitted by applicable law, SM Zenith Agency LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or in connection with our services or these Terms, even if advised of the possibility of such damages. Our total aggregate liability for any claim arising from our services shall not exceed the total fees paid by you in the three (3) months immediately preceding the event giving rise to the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless SM Zenith Agency LLC, its members, officers, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Site; (b) your breach of these Terms; (c) any materials you provide that infringe third-party rights; or (d) your violation of applicable law.

11. Termination

Either party may terminate a service agreement in accordance with the terms set forth in the written service agreement. Upon termination, all outstanding fees for work completed are immediately due and payable. These Terms continue to apply to any prior use of the Site.

12. Governing Law and Dispute Resolution

These Terms and any disputes arising from or related to our services shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. Any legal action or proceeding shall be brought exclusively in the state or federal courts located in Broward County, Florida. You consent to the personal jurisdiction of such courts.

13. Modifications

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated effective date. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, together with any written service agreement or proposal entered into between the parties, constitute the entire agreement between you and SM Zenith Agency LLC with respect to the subject matter hereof and supersede all prior communications, representations, and agreements.

16. Contact

Questions about these Terms should be directed to: