Terms of Service

These Terms of Service ("Terms") govern your use of the website and services provided by Zelaya's Marketing Systems ("we," "our," or "us"). By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

1. Services Description

Zelaya's Marketing Systems provides digital marketing services for contractors, delivered through the following plans:

• Foundation ($397/mo): Contractor website (10–15 pages), speed-to-lead text automation, review funnel, CRM & pipeline, local SEO setup, one-click promo campaigns, business SMS (A2P included), and monthly support.
• Growth ($750/mo): Everything in Foundation, plus Facebook & Instagram ads management, ad creative & copy, audience targeting, monthly performance reporting, and priority support.
• Scale ($1,500/mo): Everything in Growth, plus Google Local Service Ads management, retargeting campaigns, advanced backend workflows, a monthly strategy call, and priority support.

The specific services provided will be outlined in your service agreement or proposal. We reserve the right to update the features included in any plan; any material reduction in your current plan's features will be communicated to you in advance.

2. Subscription and Payment Terms

Billing

Your subscription is billed monthly according to the plan you select — Foundation ($397/mo), Growth ($750/mo), or Scale ($1,500/mo) — at our current published pricing. Payment is due on the first of each month. We accept payment via credit card, debit card, or ACH transfer.

Advertising Spend (Growth & Scale)

For Growth and Scale plans, any advertising spend on Facebook, Instagram, or Google Local Service Ads is separate from your monthly service fee. Ad spend is billed directly to you by the ad platform through your own ad account — it is never collected or held by Zelaya's Marketing Systems. You are responsible for maintaining sufficient funds in your ad account(s) to run the campaigns we manage on your behalf.

Business SMS & A2P Registration

Zelaya's Marketing Systems covers A2P 10DLC carrier registration fees associated with your business SMS number as part of your plan. Carrier approval timelines are outside our control; we are not liable for delays caused by carrier or registry review.

Late Payments

Payments not received within 5 business days of the due date may result in suspension of services. A late fee of $25 may be applied to overdue accounts.

Price Changes

We reserve the right to adjust pricing with 30 days' written notice. Existing clients will be grandfathered into their current rate for a minimum of 12 months from their start date.

3. Cancellation and Refunds

Cancellation

You may cancel your subscription at any time with 30 days' written notice. Cancellation requests must be sent to info@zelayasmarketingsystems.com. Services will continue until the end of the current billing period following your notice.

Advertising Campaigns During Your Notice Period (Growth & Scale)

We will continue actively managing any live ad campaigns through the end of your 30-day notice period. After your service ends, you are responsible for pausing, adjusting, or reallocating spend within your own ad account(s) — we will no longer have access to manage them.

Data Access After Cancellation

Following your cancellation notice, you will retain access to your data, CRM, and pipeline for 30 days. After that period, your access ends, and Zelaya's Marketing Systems will no longer retain your data. If you would like an export of your data, you must request it in writing before the end of this 30-day period.

Website & Domain on Cancellation

Upon cancellation, we will provide you with the website files and transfer the domain to your hosting provider of choice. We will supply all information necessary to complete the transfer.

Refunds

Due to the nature of our services, we do not offer refunds for partial months. If you believe you have been billed in error, please contact us within 10 business days of the charge.

4. Client Responsibilities

To ensure the best results, you agree to:

• Provide accurate and complete information about your business
• Respond to our requests for content, approvals, and feedback in a timely manner
• Provide access to necessary accounts (Google Business Profile, domain registrar, ad accounts, etc.)
• Supply high-quality photos of your work and projects
• Maintain accurate business information (hours, services, contact details)
• Ensure that any contacts you import or upload into your CRM have properly consented to be contacted, and that your own marketing practices comply with the Telephone Consumer Protection Act (TCPA) and applicable state and federal law

Delays caused by failure to meet these responsibilities may affect project timelines and are not grounds for refunds.

5. SMS & Marketing Message Consent

Our review funnel and one-click promo campaigns are built to only send promotional or marketing text messages to a contact after that contact has submitted a review and affirmatively accepted marketing communications through our system. Transactional messages (such as speed-to-lead responses and appointment-related texts) are not subject to this opt-in requirement.

You are responsible for ensuring that any contacts messaged outside of this built-in consent flow — including imported lists, manually added contacts, or additional campaigns you request — have valid, documented consent under the TCPA and applicable law. Zelaya's Marketing Systems is not liable for messages sent to contacts for whom you did not obtain proper consent, or for consent obtained outside our system.

6. Intellectual Property

Our Work

Upon full payment, you will receive a license to use the website, content, and systems we create for your business. We retain the right to use your project in our portfolio and marketing materials unless otherwise agreed in writing.

Your Content

You retain ownership of all content, logos, trademarks, and materials you provide to us. You grant us a limited license to use these materials solely for the purpose of providing our services.

7. Limitation of Liability

To the maximum extent permitted by law, Zelaya's Marketing Systems shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, arising out of or relating to your use of our services.

Our total liability for any claim arising from these Terms or our services shall not exceed the total amount you have paid us directly for our services in the 12 months preceding the claim. This cap excludes advertising spend, which is paid directly to the ad platform and never collected by us.

8. No Guarantees

While we strive to deliver the best possible results, we do not guarantee specific outcomes such as:

• Specific search engine rankings
• A specific number of leads or conversions
• Specific revenue or ROI figures
• Immediate results from SEO efforts

Marketing results depend on many factors outside our control, including market conditions, competition, and your responsiveness to leads.

Foundation Plan

The Foundation plan is our base, self-directed package: we build and provide your website, automations, and CRM, but Foundation is not actively managed by Zelaya's Marketing Systems on an ongoing basis. Results depend on your own use of the tools provided — requesting reviews, working leads in your pipeline, and sending promotional campaigns. We are not responsible for a lack of results on the Foundation plan where the system was not actively used.

9. Confidentiality

We agree to keep your business information confidential and will not share it with third parties except as necessary to provide our services or as required by law.

10. Termination

We reserve the right to terminate your service immediately if you:

• Fail to make payment after reasonable notice
• Engage in fraudulent or illegal activities
• Abuse our staff or systems
• Violate these Terms in a material way

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of law provisions.

12. Changes to These Terms

We may update these Terms from time to time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our services after such changes constitutes acceptance of the new Terms.

13. Contact Information

If you have any questions about these Terms, please contact us:

Email: info@zelayasmarketingsystems.com
Phone: 920-572-1141
Website: zelayasmarketingsystems.com