Terms & Conditions
Effective Date: 7/24/2026
Welcome to The Optimized Business. By accessing or using this website or engaging our services, you agree to be bound by these Terms & Conditions. If you do not agree with these Terms, please do not use this website or our services.
1. Website Use, Eligibility, Search Engines & Platform Changes
This website is provided for informational purposes only. You agree to use this website lawfully and not engage in any activity that could damage, disable, interfere with, or impair the operation or security of this website.
This website and our services are intended only for individuals who are at least 18 years of age or the age of legal majority in their jurisdiction.
By using this website or engaging our services, you represent and warrant that you meet this requirement and have the legal capacity to enter into a legally binding agreement.
We do not knowingly market to, collect information from, or enter into contracts with individuals under the age of 18.
Search Engine & Platform Changes
Search engines, advertising platforms, and social media networks frequently update their algorithms, policies, features, and ranking factors.
The Optimized Business cannot guarantee continued rankings, website traffic, advertising performance, lead generation, or social media reach following changes implemented by Google, Bing, Meta, LinkedIn, Wix, or any other third-party platform.
Website Accessibility
Unless specifically included within the scope of work, The Optimized Business does not guarantee compliance with accessibility laws, regulations, or standards, including but not limited to the Americans with Disabilities Act (ADA) or the Web Content Accessibility Guidelines (WCAG).
Website owners remain responsible for determining whether accessibility compliance is required for their organization.
2. Intellectual Property
All content on this website, including text, graphics, logos, branding, images, website design, downloadable materials, and other content is the property of The Optimized Business unless otherwise stated.
No content may be copied, reproduced, distributed, modified, republished, or otherwise used without prior written permission.
3. Services & Ownership of Deliverables
Independent Contractor
The relationship between The Optimized Business and its clients is that of independent contracting parties. Nothing contained in these Terms & Conditions or any related service agreement shall be construed as creating a partnership, joint venture, employer-employee relationship, franchise, or agency relationship between the parties.
The Optimized Business provides digital marketing and business optimization services, including but not limited to:
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Website Design & Development
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Search Engine Optimization (SEO)
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Content Creation
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Social Media Management
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Email Marketing
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Marketing Strategy
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Project Management
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Business Consulting
Specific deliverables, pricing, timelines, and responsibilities are outlined in each individual proposal, quote, or service agreement.
Ownership of all final deliverables transfers to the client only after all invoices related to the project have been paid in full.
Upon full payment, the client owns the completed website, approved design assets, written content, and other final deliverables created specifically for the project, unless otherwise agreed in writing.
The Optimized Business retains ownership of its proprietary methods, templates, workflows, processes, software, tools, and any pre-existing intellectual property used in providing the services.
Ownership of Deliverables
Ownership of all final deliverables transfers to the client only after all invoices related to the project have been paid in full.
Upon full payment, the client receives all ownership rights to the completed website, website files, written content, graphics created specifically for the project, and other final deliverables produced under the agreed scope of work.
Ownership does not extend to third-party licensed materials, including but not limited to stock photography, fonts, software, plugins, themes, templates, or other assets governed by separate license agreements. The client is responsible for complying with any applicable third-party licensing requirements.
The Optimized Business retains ownership of its proprietary methods, templates, workflows, processes, software, automation systems, tools, know-how, and any pre-existing intellectual property used in providing the services.
Non-Solicitation
During the course of the project and for a period of twelve (12) months following its completion, the client agrees not to directly solicit for employment or contract any employee, contractor, or subcontractor of The Optimized Business without prior written consent.
4. Portfolio Rights, Scope of Work & Revisions
Unless otherwise agreed in writing, The Optimized Business reserves the right to display completed projects, including websites, branding, graphics, marketing materials, and other non-confidential work, in its portfolio, website, social media, and other marketing materials.
Confidential or proprietary information will never be shared without the client's written consent.
Projects are completed according to the scope outlined in the accepted proposal, estimate, or service agreement.
Reasonable revisions within the agreed scope are included. Requests outside the original scope, including additional pages, features, functionality, integrations, content creation, or substantial design changes after approval may require additional fees and revised project timelines.
No additional work will be performed without client approval.
5. Client Responsibilities & Client Provided Content
Clients agree to provide all requested content, information, approvals, and feedback in a timely manner.
Project timelines may be adjusted if required information or approvals are delayed.
Clients are responsible for maintaining accurate account information and credentials for any third-party platforms used during the project.
Clients represent and warrant that they own or have permission to use all content, logos, images, videos, trademarks, and other materials provided to The Optimized Business.
The client agrees to indemnify and hold harmless The Optimized Business from any claims arising from materials supplied by the client.
Client Delays
Project timelines are based on the timely receipt of requested content, feedback, approvals, access credentials, and other necessary information from the client.
Delays caused by the client may result in adjusted project schedules, revised completion dates, or additional fees if substantial rescheduling is required. The Optimized Business shall not be responsible for delays or missed deadlines resulting from the client's failure to provide requested materials or approvals.
Client Review & Final Approval
Clients are responsible for carefully reviewing all deliverables before they are published, launched, printed, or otherwise distributed.
Written or electronic approval of any deliverable constitutes acceptance of the work. After final approval, The Optimized Business shall not be responsible for errors, omissions, or changes requested after publication or launch. Any post-approval revisions may be billed as additional work.
6. Third-Party Services & Data Security
Projects may utilize third-party platforms including, but not limited to, Google, Wix, Meta, LinkedIn, Mailchimp, Canva, and other software providers.
The Optimized Business is not responsible for outages, pricing changes, software updates, account suspensions, policy changes, security issues, or other actions taken by third-party providers.
Data Security
The Optimized Business takes reasonable measures to safeguard client information and account credentials used during the course of a project.
However, no method of electronic communication, cloud storage, or internet transmission is completely secure. Accordingly, we cannot guarantee absolute security and shall not be liable for unauthorized access, data breaches, or security incidents occurring through third-party platforms or services beyond our reasonable control.
Domains, Hosting & Third-Party Accounts
Unless otherwise agreed in writing, clients remain the sole owners of their domain names, web hosting accounts, email accounts, advertising accounts, analytics accounts, social media accounts, and other third-party services associated with their business.
The Optimized Business is not responsible for domain renewals, hosting renewals, subscription fees, account expirations, software licensing, service interruptions, or account suspensions unless such services are specifically included within an active maintenance or management agreement.
Artificial Intelligence (AI)
To improve efficiency and deliver high-quality services, The Optimized Business may utilize artificial intelligence ("AI") tools to assist with research, brainstorming, drafting, content creation, coding assistance, design concepts, workflow automation, and similar production tasks.
All AI-assisted work is reviewed, edited, and refined by a human prior to delivery. Clients remain responsible for reviewing and approving all final deliverables before publication or implementation.
Website Backups
Unless specifically included within an active maintenance or hosting agreement, clients are solely responsible for maintaining current backups of their website, databases, files, and digital assets after project completion.
The Optimized Business shall not be liable for data loss, website failures, or restoration costs occurring after the completion of the project.
Third-Party Licenses
Certain deliverables may incorporate third-party software, themes, plugins, fonts, stock photography, templates, or other licensed assets.
Such materials remain subject to the licensing terms of their respective owners. Clients are responsible for maintaining, renewing, or replacing any required licenses after ownership of the project has transferred, unless otherwise agreed in writing.
7. Project Terms, Maintenance & Support, Electronic Comunications, Abandoned Projects
Unless covered under a separate maintenance or support agreement, services conclude upon project completion.
Future updates, maintenance, troubleshooting, or content changes may require a separate agreement or additional fees.
The client agrees that communications, approvals, authorizations, change requests, and other project-related correspondence transmitted electronically, including by email, text message, video conference, or project management software, shall be deemed valid and legally binding to the same extent as if made in writing and signed by the parties.
Abandoned Projects
To maintain project schedules and resource availability, clients are expected to provide requested materials, feedback, and approvals in a timely manner.
If a client becomes unresponsive or fails to provide necessary information for thirty (30) consecutive days, The Optimized Business may consider the project abandoned. In such cases, work may be suspended or the project may be closed without refund of amounts already paid.
Requests to resume an abandoned project may require a new timeline, updated pricing, or a new service agreement.
Rush & Expedited Services
Projects or requests requiring expedited turnaround outside of normal scheduling may be subject to additional rush fees. Acceptance of rush work is at the sole discretion of The Optimized Business and depends on current availability.
Right to Refuse or Terminate Services
The Optimized Business reserves the right to refuse or terminate services at any time if a project involves illegal activity, fraudulent practices, harassment, infringement of intellectual property rights, abusive behavior toward our team, or any activity that violates applicable laws or these Terms & Conditions.
Termination under these circumstances does not relieve the client of any outstanding payment obligations for work already completed.
8. Payment Terms, Refund Policy, No Gurantees
Payment terms are outlined in each project proposal or invoice.
Deposits may be required before work begins.
Late or unpaid invoices may result in project delays, suspension of services, or withholding of final deliverables until payment is received in full.
Due to the custom nature of digital marketing and creative services, payments made for completed work are generally non-refundable unless otherwise stated in writing.
While The Optimized Business follows industry best practices, we cannot guarantee specific outcomes, including but not limited to:
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Search engine rankings
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Website traffic
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Lead generation
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Sales or revenue increases
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Social media growth
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Advertising performance
Marketing results depend on numerous factors outside our control.
Taxes
Unless otherwise stated in writing, clients are responsible for any applicable sales taxes, use taxes, governmental fees, duties, or other charges associated with the services provided by The Optimized Business.
9. Disclaimer & Limitation of Liability
All information provided on this website is offered for general informational purposes only and is provided "as is" without warranties of any kind.
Nothing on this website constitutes legal, financial, tax, or other professional advice.
To the fullest extent permitted by law, The Optimized Business shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from the use of this website or our services.
Our total liability shall not exceed the total amount paid by the client for the specific services giving rise to the claim.
Force Majeure
The Optimized Business shall not be liable for delays or failure to perform resulting from events beyond our reasonable control, including natural disasters, power outages, internet failures, cyberattacks, government actions, labor disputes, pandemics, or other unforeseen circumstances.
Assignment
Neither party may assign, transfer, or delegate its rights or obligations under these Terms & Conditions without the prior written consent of the other party, except in connection with a merger, acquisition, sale of substantially all assets, or other lawful business reorganization.
Waiver
The failure of either party to enforce any provision of these Terms & Conditions shall not be deemed a waiver of that provision or of the right to enforce it at any future time.
No waiver shall be effective unless made in writing and signed by the party granting the waiver.
10. External Links
This website may contain links to third-party websites for your convenience.
We do not control and are not responsible for the content, privacy practices, or accuracy of any third-party websites.
11. Dispute Resolution
In the event of any dispute arising out of or relating to these Terms & Conditions or the services provided by The Optimized Business, the parties agree to first attempt to resolve the matter through good-faith negotiations.
If the dispute cannot be resolved within thirty (30) days after written notice of the dispute, it shall be resolved exclusively through binding arbitration, rather than in court, in accordance with the rules of the American Arbitration Association or another mutually agreed arbitration provider.
The arbitration shall take place in the State of Illinois unless otherwise agreed in writing by both parties.
By using this website or engaging our services, you waive the right to a trial by jury and, to the fullest extent permitted by law, the right to participate in a class action lawsuit.
12. Governing Law & Changes
These Terms & Conditions shall be governed by and interpreted in accordance with the laws of the State of Illinois, without regard to its conflict of law principles.
Severability
If any provision of these Terms & Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Entire Agreement
These Terms & Conditions, together with any signed proposal, estimate, invoice, or service agreement, constitute the entire agreement between the parties regarding the services provided by The Optimized Business.
Changes to These Terms
The Optimized Business reserves the right to modify these Terms & Conditions at any time. Updated versions will be posted on this page with a revised effective date. Continued use of this website constitutes acceptance of the revised Terms.
13. Contact Information
If you have any questions regarding these Terms & Conditions, please contact us through the contact form on this website or by email at contact@theoptimizedbusiness.com