Terms of Service

1. Eligibility

You must be at least 18 years old and able to form a legally binding contract to use the Site or engage our services. By using the Site, you represent and warrant that you meet these requirements.

2. Services Provided

OCS provides website design and development, customer relationship management (CRM) system setup, optional automation add-ons, and ongoing support services. The specific scope, deliverables, and timelines of any engagement will be described in a separate written proposal, statement of work, or invoice agreed to by you and OCS (the 'Engagement').

Information on the Site is provided for general informational purposes and does not constitute a binding offer or agreement to provide services.

3. Quotes, Pricing, and Payment

Service prices listed on the Site are starting points and may vary based on scope, customization, and other factors. The final price for any project will be set in the applicable Engagement.

• Unless otherwise stated, projects require a deposit before work begins.
• Invoices are due according to the terms stated on the invoice or in the Engagement.
• Recurring services (such as monthly support or SMS-based automations) are billed on a recurring basis until cancelled in accordance with the Engagement.
• Pass-through costs (such as carrier SMS fees, domain registration, third-party software, or hosting) may be billed separately or itemized.
• OCS may suspend work or services for non-payment after reasonable notice.

4. Client Responsibilities

To deliver effective work, OCS relies on timely cooperation from the client.

• Provide accurate business information, content, branding, and approvals when requested.
• Provide reasonable access to accounts, tools, or systems necessary to deliver the project.
• Respond to communications and revision requests within a reasonable timeframe.
• Maintain the security of any accounts, credentials, or systems provided to or by OCS.

5. Intellectual Property

Subject to full payment, OCS assigns to you ownership of the final, customized deliverables created specifically for your project under the Engagement (for example, your website's custom front-end and personalized CRM configuration).

OCS retains ownership of all pre-existing code, frameworks, templates, internal tools, design systems, and know-how used in delivering the project. Such pre-existing materials are licensed to you on a non-exclusive, perpetual basis to the extent embedded in your deliverables.

Third-party software, plugins, or services integrated into your project remain subject to their respective licenses and terms.

You retain ownership of all content, branding, logos, copy, photos, and data that you provide to OCS.

6. Acceptable Use

You agree not to use the Site or any services we provide in any unlawful manner or in a manner that could damage, disable, overburden, or impair them.

• No unauthorized access to or interference with the Site, services, or other users' accounts.
• No transmission of malware, spam, or harmful code.
• No reverse engineering, scraping, or unauthorized copying of OCS proprietary materials.
• No use of the Site or services to send unsolicited marketing or for unlawful purposes.

7. Third-Party Services

Projects may use or integrate with third-party services (such as hosting providers, email tools, SMS gateways, payment processors, or analytics platforms). OCS does not control these services and is not responsible for their availability, performance, pricing, terms of service, or privacy practices.

8. Confidentiality

Each party agrees to maintain the confidentiality of non-public business information disclosed by the other party during an Engagement and to use such information solely to deliver or receive the services. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

9. Warranty Disclaimer

Except as expressly stated in an Engagement, the Site and services are provided 'AS IS' and 'AS AVAILABLE' without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted availability.

OCS does not warrant any specific business outcome — including but not limited to a specific number of leads, jobs booked, conversion rate, search ranking, or revenue increase.

10. Limitation of Liability

To the maximum extent permitted by law, OCS will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunity, arising out of or related to your use of the Site or services.

OCS's total cumulative liability arising out of or related to the Site or any Engagement will not exceed the total fees you paid to OCS for the specific services giving rise to the claim during the three (3) months preceding the event giving rise to liability.

11. Indemnification

You agree to defend, indemnify, and hold harmless OCS and its affiliates, officers, employees, and contractors from any claims, damages, liabilities, or expenses (including reasonable attorneys' fees) arising out of your use of the Site or services, your breach of these Terms, your violation of applicable law, or content you provide to OCS.

12. Termination

Either party may terminate an Engagement in accordance with the terms of that Engagement. We may suspend or terminate your access to the Site at any time if you violate these Terms.

Upon termination, your obligation to pay for services rendered through the termination date remains in effect. Sections of these Terms that by their nature should survive termination (including intellectual property, warranty disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.

13. Governing Law and Disputes

These Terms are governed by the laws of the state in which OCS is organized, without regard to its conflict of law principles. The parties will first attempt to resolve any dispute informally. If a dispute cannot be resolved informally, the parties agree to resolve it in the state or federal courts located in that state, except where binding arbitration is specified in an Engagement.

14. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the 'Effective Date' above and post the revised Terms on the Site. Your continued use of the Site or services after the changes take effect constitutes acceptance of the updated Terms.

15. Contact Us

Questions about these Terms can be sent to optimizedcompanysystems@gmail.com.