ZDigital Standard Terms and Conditions

These terms and conditions constitute a binding agreement between ZDigital, Inc. and you as a client, and apply to all services provided by ZDigital to you, including but not limited to Internet marketing and website design services. References to "we", "our", and "ZDigital" refer to ZDigital, LLC. References to "you" and "your" refer to the recipient of ZDigital, Inc.'s Internet marketing and website design services, including the recipient's successors and assigns.

Google Optimization Service

  1. We guarantee that we will get your Google My Business listing live and personalized with your content. If for any reason we are unable to verify and claim your listing, you will receive a full refund.

  2. You will maintain ownership of your Google My Business listing, ZDigital will have “management access.”

  3. Client will support ZDigital’s staff by returning calls and or emails as needed.

  4. The verification process may involve receiving PIN code in the form of a postcard at your business address, or a phone call, text or email from Google.

  5. The listings must be claimable and we can only do this for businesses who have a physical address.

  6. We cannot guarantee that your business will appear in Google maps.

  7. We’re not Google and make no representation other than getting your Google My Business listing professionally set up and activated. ZDigital is not responsible if Google changes its policies or features.

  8. Duplicate listings sometimes appear and can be caused by slightly different addresses, spelling or names being used in the past, and can be caused by being set up for an individual and the business name. Correcting duplicate listings can take several attempts and be time consuming and can incur an additional charge)

  9. We cannot process transfer of ownership for Google listings

  10. If claimed but no access: This is usually due to someone else claiming it in the past (possibly a former employee). This requires additional steps that can be time consuming or take multiple attempts with Google.

  11. You are responsible for the content on your page. In particular, this means that you must comply with all applicable laws and industry best practices when operating and promoting your entity, including copyright issues, obtaining all applicable licenses and approvals; ensure your content is lawful, correct, up-to-date and complete; and supply all required disclaimers, warnings, and notices. In addition, you must comply with any other policies or guidelines listed in the Guidelines for representing your business on Google. These policies and guidelines become part of your agreement with us regarding these services.

Website Products

  1. In the event of a domain modification or transfer, you are responsible for responding to communications made by ZDigital in an effort to modify or transfer domains. ZDigital is not liable for any loss of email or any delays that may be caused by domain modifications or transfers. When authorizing the transfer of a domain, you are still the owner of the domain and ZDigital is the registrar. It is your responsibility to renew the domain name. We will attempt to transfer your site to ZDigital's Domain Registry a minimum of 3 times. If you fail to follow the instructions given to assist in the transfer, your domain will remain with your current registry. Only the DNS will be modified to point your domain to your ZDigital web site. Domain Purchases are non-refundable and subject to availability.

  2. ZDigital is not responsible for the renewal of domain names. Maintenance and renewal of domain names is your responsibility.

  3. Once the site is created and uploaded to the Internet (even on a temporary domain or with partial or default content) OR 10 business days have elapsed, no refunds will be given.

  4. You are responsible for providing all content that will be posted on and used in connection with your site. Stock photos and graphics may be used until you submit photos or other content. You should take reasonable care and act with reasonable diligence in securing and providing your own content for posting.

  5. ZDigital shall be the owner of the copyright with respect to any content that we author in connection with your website. "Site by ZDigital” and the year of creation, will appear on all websites created for you by ZDigital.

  6. You will be the owner of the copyright with respect to text that you author and post on your website. You unconditionally represent and warrant that you are the owner, assignee or authorized user of any and all copyrights or trademarks with respect to the content that you post to your website. This includes, without limitation, text, images, photographs and graphic designs. We are not responsible for verifying your ownership of such rights. You agree to hold harmless, protect and defend ZDigital from any claim or suit arising from the use of such elements you provide for or post to the website.

  7. All services offered by ZDigital are to be used lawfully. This includes any federal, state, and local laws; as well as the rules of the acceptable use policies for the Internet as a whole.

  8. ZDigital will not be responsible for lost data, lost profits, opportunity costs or other consequential damages, or for any damages suffered or revenues lost through the use of our services or for loss of service due to network outages, regardless of cause (including but not limited to: human error, hardware failure, software failure, or telephone company or ISP outages). ZDigital's liability for any claims whatsoever, whether arising in tort or contract, including claims based on design, error, omission, negligence, defect, failure to maintain service, or any other claim shall not exceed the contract price herein.

  9. ZDigital may, from time to time, deliver, offer, integrate or utilize products, software and/or services provided by a third party provider. ZDigital makes no representations about the suitability of any third party products or services for any purpose.

  10. ZDigital may deactivate a website or software service without notice, if you are delinquent on any payment. If your account is delinquent, you agree that ZDigital may communicate this delinquency to you via e-mail.

  11. If you have paid for services by credit card, and you do not provide ZDigital with an updated credit card expiration date, and the card expiration dates elapses, you agree to allow ZDigital to extend the expiration date by 2 years

  12. Cancellations: You, or your authorized representative, must make any cancellation request for your recurring services. ZDigital will not be required to acknowledge cancellation requests from unauthorized parties. In order to cancel service, you must contact ZDigital Customer Service via telephone at (760)983-2844. All cancellation requests must be verbally communicated directly to a ZDigital Account Manager. Requests received after the client's billing due date forfeit the opportunity for reimbursement.

  13. You agree to accept notices delivered via e-mail from ZDigital regarding service, billing and marketing-related issues. ZDigital agrees to not release your e-mail address to third parties for solicitation purposes.

  14. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California and the Federal Laws of the United States of America. Actions relating to this Agreement, including but not limited to its interpretation, application or existence shall be brought in San Diego County, California and Client irrevocably consents to the jurisdiction of such courts.