1. Acceptance of Terms

By accessing or using the website www.1nessagency.com (the "Site") or engaging the services of 1nessAgency ("we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you should not use the Site or our services.

2. Services Description

1nessAgency provides digital marketing, brand strategy, search engine optimization, paid media management, generative engine optimization, web development, and related consulting services primarily for healthcare, mental health, and regulated industries. The specific scope of services for each client is defined in individual service agreements or statements of work.

3. Payment Terms

All fees and payment terms are established in individual client agreements. Unless otherwise specified:

Invoices are issued monthly in advance for retainer-based services
Payment is due within fifteen (15) days of invoice date
Late payments may incur a fee of 1.5% per month on outstanding balances
Ad spend budgets are billed separately and are not included in service fees unless explicitly stated
All pricing is discussed upfront during the discovery process; there are no hidden fees

4. Intellectual Property

Unless otherwise agreed in writing:

All marketing materials, strategies, creative assets, and deliverables created by 1nessAgency for a client become the property of the client upon full payment
1nessAgency retains the right to use anonymized case studies and aggregate performance data for portfolio and marketing purposes
Proprietary methodologies, tools, frameworks, and technology platforms remain the intellectual property of 1nessAgency
The client grants 1nessAgency a limited license to use client trademarks and brand assets as necessary to perform the agreed services

5. Confidentiality

Both parties agree to maintain the confidentiality of all proprietary and sensitive information exchanged during the engagement. This includes but is not limited to business strategies, financial data, patient information (subject to HIPAA), marketing performance data, and trade secrets. Confidentiality obligations survive termination of the engagement for a period of two (2) years.

6. Limitation of Liability

To the maximum extent permitted by law:

1nessAgency shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from the use of our services or this Site
Our total liability for any claim related to services shall not exceed the total fees paid by the client in the three (3) months preceding the claim
We do not guarantee specific marketing results, rankings, or revenue outcomes, as these are influenced by factors outside our control
This Site is provided "as is" without warranties of any kind, express or implied

7. Termination

Either party may terminate a service engagement with thirty (30) days' written notice unless otherwise specified in the service agreement. Upon termination:

All outstanding invoices become immediately due and payable
Client-owned deliverables and assets will be transferred within thirty (30) days
Access to 1nessAgency platforms and tools will be revoked
Confidentiality obligations remain in effect as described in Section 5

8. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the courts located in New York County, New York.

9. Modifications

We reserve the right to update these Terms of Service at any time. Material changes will be communicated via the Site or direct notification. Continued use of the Site or our services following any changes constitutes acceptance of the updated terms.

10. Contact

For questions regarding these Terms of Service, please contact us at hello@1nessagency.com.