1. Acceptance of Terms

By using www.1nessagency.com (the "Site") or engaging 1ness Strategies LLC d/b/a 1nessAgency ("we," "us," or "our"), you agree to these Terms. If you do not agree, do not use the Site or hire us.

2. Services Description

We provide HIPAA-conscious patient acquisition for behavioral health, retail healthcare, and multi-site groups: paid media (including LegitScript-managed accounts), SEO and GEO, intake systems, analytics, and related consulting. Brand-capital work with RDLB is a separate offering. Scope for each client is in a service agreement or statement of work, plus a business associate agreement when we handle PHI. Paid engagements are not formed by using this Site alone.

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. Site Use

Do not submit PHI through the Site. Insights, the podcast, and the glossary are informational, not legal or clinical advice. We may suspend access that we reasonably believe is abusive or unlawful.

11. Contact

1ness Strategies LLC d/b/a 1nessAgency
West 43rd Street, New York, NY 10036
hello@1nessagency.com
Related: Privacy Policy · Service Level Agreement