Legal
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and The Equation Agency LLC, a Florida Limited Liability Company with its principal place of business in Aventura, FL 33180 ("The Equation Agency," "we," "us," or "our").
By accessing our website at theequationagencyllc.com, engaging our services, executing a service agreement, submitting payment, or otherwise transacting business with The Equation Agency LLC, you agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, you must not engage our services.
These Terms apply to all visitors, prospective clients, and current clients of The Equation Agency LLC. They supersede any prior oral or written representations and constitute the entire agreement between the parties with respect to the subject matter herein, unless a separate written Service Agreement has been executed, in which case that Agreement governs where it conflicts with these Terms.
The Equation Agency LLC provides AI-powered digital marketing, search engine optimization, and digital infrastructure services to businesses operating in competitive markets. Our core service offerings include the following:
Comprehensive search engine optimization encompassing technical audits, on-page optimization, content strategy, keyword research, backlink acquisition, and local SEO for Google Business Profile and map pack visibility.
Diagnostic and remediation services for businesses that have experienced significant organic search traffic loss due to algorithm updates, manual actions, site migrations, or competitive displacement.
Strategic optimization for emerging AI-driven search environments including Google AI Overviews, AI-generated answers, and large language model (LLM) citation optimization. Includes our proprietary Query Fan-Out Optimization and AI Mobile Visibility Engineering methodologies.
Implementation, configuration, and optimization of customer relationship management systems, automated lead nurturing workflows, follow-up sequences, and digital sales infrastructure designed to convert search traffic into revenue.
Design and development of high-performance websites built for search visibility, mobile usability, and Core Web Vitals compliance. Includes technical architecture, schema markup, page speed optimization, and conversion-focused UI/UX.
Creation of strategic content assets — including pillar pages, topic clusters, resource guides, and thought leadership — designed to establish topical authority, earn backlinks, and rank for high-intent search queries.
Ongoing management of AI-powered digital systems, including automated content pipelines, AI-assisted reporting, and intelligent workflow orchestration for businesses scaling their digital infrastructure.
A comprehensive paid audit evaluating your current digital infrastructure, search performance, AI readiness, and competitive positioning. Deliverables include a full written strategic roadmap. See Section 3 for fee and refund policy.
All services are provided on either a project basis or an ongoing retainer basis as defined in an executed Service Agreement. Scope, deliverables, timelines, and pricing for each engagement are specified individually. Services listed on our website represent general capabilities; actual scope is always defined in writing prior to commencement.
Non-Refundable Notice: The Technology Assessment fee of $3,500 is strictly non-refundable under all circumstances, without exception. Payment of the Technology Assessment fee constitutes your acknowledgment and acceptance of this policy. No refund will be issued regardless of outcome, findings, client decision to proceed, or any other factor.
The Technology Assessment is a comprehensive paid diagnostic engagement in which The Equation Agency LLC's senior team performs a deep evaluation of your business's digital infrastructure, search performance, and AI readiness. It is not a free consultation or a proposal document — it is a substantive, expert-delivered audit that requires significant billable time and the application of proprietary methodology.
The Technology Assessment is frequently the entry point for new client engagements. It allows us to diagnose the true root causes of performance issues, quantify opportunity, and build a realistic strategic roadmap — before either party commits to a long-term engagement.
Upon completion of the Technology Assessment, the client receives a written report including all of the above findings and the strategic roadmap. The report is delivered digitally within the timeframe specified at engagement. The client retains the written deliverable regardless of whether they choose to proceed with a retainer engagement.
The $3,500 Technology Assessment fee reflects the genuine cost of expert labor invested in producing the deliverable. The assessment requires multiple hours of senior-level analysis, proprietary tooling, and the application of methodologies developed and refined by The Equation Agency LLC over the course of numerous client engagements. This work is performed specifically for each client's unique situation and cannot be repurposed, resold, or applied to another client.
The non-refundable nature of this fee also protects against bad-faith engagements in which parties seek proprietary strategic intelligence — competitor analysis, keyword opportunity maps, AI visibility gap analysis — without a genuine intent to engage. By accepting these Terms and submitting payment, you confirm that you understand the fee is compensation for expert labor delivered, not a deposit or a trial period.
The outcome of the Technology Assessment — including any recommendation not to pursue further services, or any findings the client finds unfavorable — does not constitute grounds for a refund. The assessment fee is earned upon delivery of the written report.
All service engagements beyond the Technology Assessment are formalized through a written Service Agreement executed by both parties. No service work on a retainer or project basis begins without an executed agreement and receipt of any required deposit.
The scope of work is defined in the Service Agreement and represents the full extent of services The Equation Agency LLC is obligated to deliver. Requests for work outside the agreed scope will be treated as a change order and quoted separately. The Equation Agency LLC reserves the right to decline out-of-scope requests or to negotiate revised terms before commencing additional work.
Timelines specified in a Service Agreement are estimates based on information available at the time of agreement execution. Timelines may be affected by client responsiveness, delivery of required materials, third-party platform limitations, and other factors outside the agency's control. Delays caused by the client do not accelerate delivery obligations on the agency's part nor do they entitle the client to refunds or credits.
Each deliverable type includes a specified number of revision rounds as defined in the applicable Service Agreement. Revisions are limited to adjustments within the original scope; revisions that represent changes in direction, new requirements, or scope expansion are treated as change orders. Revision requests must be submitted in writing within the review period specified in the Service Agreement. Failure to submit written feedback within the review period may result in the deliverable being deemed accepted.
All project-based engagements require a deposit prior to commencement of work. The deposit amount and structure are specified in the Service Agreement. Retainer engagements typically require the first month's fee in advance. Work does not begin until the applicable deposit or first payment has been received and cleared.
Project-based engagements are typically structured with a deposit at signing, milestone-based payments during the project, and a final payment upon completion. Retainer engagements are billed on a recurring monthly basis on the anniversary of the engagement start date. Specific payment schedules are detailed in each Service Agreement.
The Equation Agency LLC accepts payment by ACH bank transfer, credit card, debit card, and wire transfer. Payment instructions are provided with each invoice. The Equation Agency LLC reserves the right to charge a processing fee for credit card payments where applicable.
Invoices are due on the date specified. Payments not received within seven (7) calendar days of the due date are considered overdue. Overdue balances accrue interest at a rate of 1.5% per month (18% per annum) on the outstanding balance. The Equation Agency LLC reserves the right to pause or suspend work on any engagement where payment is overdue by more than seven (7) days. Suspended work will resume only after the overdue balance, including accrued interest, is paid in full. Client is responsible for any collection costs or legal fees incurred in the collection of overdue balances.
Pricing displayed on our website represents starting investment levels and is for general planning purposes only. Final pricing for any engagement is determined by the specific scope, timeline, complexity, content volume, platform integrations, and other factors evaluated during discovery or the Technology Assessment. All pricing is confirmed in writing in the executed Service Agreement prior to any work commencing.
Technology Assessment ($3,500): Strictly non-refundable under all circumstances. See Section 3 for full explanation.
Once work has commenced on any engagement: No refunds are issued. The Equation Agency LLC's labor, resources, and time are invested upon commencement, and this investment cannot be recovered.
For project-based engagements other than the Technology Assessment, a client who has executed a Service Agreement and paid a deposit may request a refund of that deposit within seventy-two (72) hours of agreement execution, provided that no work has commenced. A refund request must be submitted in writing to management@theequationagencyllc.com within this 72-hour window.
If the refund request is made within 72 hours and no work has commenced, The Equation Agency LLC will refund the deposit less any payment processing fees charged by the payment platform. If any preliminary work has begun — including but not limited to initial discovery, research, account access review, or kickoff preparation — no refund will be issued even within the 72-hour window.
"Commencement of work" means any act taken by The Equation Agency LLC in fulfillment of the service agreement, including but not limited to conducting research, performing technical analysis, creating strategy documents, accessing client accounts, producing any draft or outline, or scheduling resources to the engagement. Once work has commenced, all fees paid are non-refundable regardless of circumstances.
Monthly retainer fees are non-refundable once billed. Retainer engagements may be terminated with written notice as specified in the applicable Service Agreement. Notice periods and final billing are governed by the terms of that agreement. Pre-paid retainer months are non-refundable if work has been performed during that period.
The Equation Agency LLC's work product is labor-intensive, highly customized, and built on proprietary methodologies developed over time. Unlike physical goods that can be returned, digital marketing strategy, SEO work, and technical implementations cannot be "un-delivered" once performed. Our refund policy reflects the genuine economic reality of professional services work, and we communicate it clearly so that prospective clients can make informed decisions before engaging.
The Equation Agency LLC reserves the right, in its sole discretion, to decline, pause, modify, or terminate any engagement at any point. This right exists to protect the integrity of our work product, the wellbeing of our team, and the quality of results delivered to all clients.
Grounds on which we may decline or terminate an engagement include, but are not limited to: misalignment between client expectations and realistic deliverables; communication styles, urgency demands, or operational behaviors that conflict with our working standards; requests to use deceptive, manipulative, or black-hat digital marketing tactics; industries or business activities that conflict with our values or legal obligations; and situations where the agency determines that a successful engagement is not feasible given client constraints.
When The Equation Agency LLC terminates an engagement for cause attributable to client conduct, fees already paid for completed work are non-refundable. If termination is initiated by The Equation Agency LLC without cause, the agency will refund any prepaid fees for work not yet performed, on a pro-rated basis as determined in good faith.
Prospective clients understand that submitting an inquiry, completing a strategy call, or even beginning a discovery process does not obligate The Equation Agency LLC to accept the engagement. We enter each engagement by choice, and we maintain the right to make that choice at every stage.
All content, design, source code, copy, graphics, methodologies, frameworks, service names, branded processes, and strategic assets on our website and in our service delivery are the exclusive intellectual property of The Equation Agency LLC and are protected under applicable United States copyright, trademark, and trade secret laws.
The following proprietary service methodologies and branded terminology are the exclusive intellectual property of The Equation Agency LLC and may not be reproduced, referenced as your own, or commercialized without express written permission:
The following actions are strictly prohibited without express written permission from The Equation Agency LLC:
In delivering services, The Equation Agency LLC may utilize third-party platforms, tools, and software. Intellectual property in those tools remains with their respective owners. Our proprietary application of methodologies within those tools is our intellectual property.
A successful engagement depends on active and timely participation from the client. By engaging The Equation Agency LLC, clients agree to fulfill the following responsibilities throughout the duration of the engagement:
Clients agree to review and provide written feedback on deliverables within the review periods specified in the Service Agreement. Delayed feedback directly impacts timelines and production schedules. If a client fails to respond within the specified review period, The Equation Agency LLC may proceed with the project as planned, and the deliverable may be deemed approved. The Equation Agency LLC is not responsible for delays caused by late client feedback.
Clients must provide timely access to all systems, platforms, and accounts required for the engagement, including but not limited to: website CMS access, Google Analytics, Google Search Console, Google Business Profile, advertising platforms, CRM systems, hosting control panels, domain registrars, and any other platforms necessary to perform the agreed services. Failure to provide required access in a timely manner may delay the project timeline without extending the billing period or entitling the client to a refund.
Clients must provide accurate and complete business information, including correct business name, address, service areas, hours of operation, service descriptions, and any other information used in the delivery of services. The Equation Agency LLC is not responsible for errors in deliverables caused by inaccurate information provided by the client.
Clients must designate a single authorized point of contact who is empowered to provide approvals, feedback, and business information on behalf of the client organization. Communications from multiple stakeholders with conflicting direction may result in project delays and may be treated as out-of-scope revision requests.
Clients are solely responsible for ensuring that their business operations, products, services, and website content comply with all applicable laws and regulations, including but not limited to FTC disclosure requirements, industry-specific regulations, data privacy laws, and advertising standards. The Equation Agency LLC does not provide legal advice and cannot be held responsible for client non-compliance with applicable laws.
Upon receipt of full payment for a completed project or deliverable, the client receives ownership of the specific work product produced for them under the terms of their Service Agreement. Ownership transfer is contingent on payment in full. Work product does not transfer ownership while any balance remains outstanding.
Deliverables that transfer to the client upon full payment typically include: written content produced specifically for the client's website, website design files and source code developed for the client's project, and data and reports generated specifically for the client. The specific deliverables that transfer to client ownership are defined in each Service Agreement.
The Equation Agency LLC retains ownership of all underlying methodologies, frameworks, templates, proprietary processes, and tools used to produce the deliverables, even after deliverables are transferred. Retaining ownership of process does not diminish the client's ownership of the end product.
The Equation Agency LLC retains the right to reference completed work in its portfolio, case studies, website, and marketing materials unless the client has requested in writing — and The Equation Agency LLC has agreed in writing — to keep the engagement confidential. Portfolio references will describe the engagement in general terms and will not disclose sensitive business information without client consent.
Both parties acknowledge that in the course of an engagement, each may receive or become aware of confidential information belonging to the other party. "Confidential Information" means any non-public business information, including but not limited to business strategies, financial data, customer lists, technical systems, proprietary processes, pricing structures, and competitive intelligence.
The Equation Agency LLC agrees to hold client Confidential Information in confidence and not to disclose it to third parties without client consent, except as required by law or as necessary to perform the agreed services using authorized subcontractors or platform vendors who are themselves bound by confidentiality obligations.
Clients agree to hold agency Confidential Information in confidence, including but not limited to proprietary methodologies, internal pricing structures, service frameworks, and strategic approaches disclosed during the engagement. Clients may not share agency methodologies or deliverables with competing service providers or use them to replicate agency services internally without written consent.
Confidentiality obligations do not apply to information that: is or becomes publicly available through no breach by the receiving party; was already known to the receiving party prior to disclosure; is independently developed by the receiving party without reference to the confidential information; or is required to be disclosed by law, court order, or regulatory requirement, provided that the disclosing party provides reasonable advance notice to the other party where legally permitted.
Note: Confidentiality of a client engagement does not prevent The Equation Agency LLC from using general knowledge, skills, and experience gained during the engagement in future work for other clients.
The Equation Agency LLC does not guarantee specific search rankings, organic traffic levels, lead volumes, conversion rates, revenue outcomes, or any other performance metrics. Digital marketing outcomes are influenced by numerous factors outside the agency's control, including search engine algorithm changes, competitive activity, client website performance, product-market fit, and macroeconomic conditions. Our work reflects best practices and professional expertise applied to the client's specific situation, but does not constitute a guarantee of any specific result.
To the maximum extent permitted by applicable law, The Equation Agency LLC's total liability to the client for any claim arising out of or related to these Terms or any Service Agreement — whether in contract, tort, negligence, or otherwise — shall not exceed the total fees paid by the client to The Equation Agency LLC in the thirty (30) calendar days immediately preceding the event giving rise to the claim.
In no event shall The Equation Agency LLC be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of revenue, loss of profits, loss of business opportunity, loss of data, loss of goodwill, or business interruption, even if The Equation Agency LLC has been advised of the possibility of such damages.
The Equation Agency LLC is not liable for losses or performance degradation caused by changes to third-party platforms, including but not limited to Google Search algorithm updates, Google Business Profile policy changes, social media platform changes, or any other external platform modifications that affect client visibility or performance.
Neither party shall be held liable for delays or failures in performance resulting from events beyond their reasonable control, including but not limited to acts of God, natural disasters, government actions, internet outages, cyberattacks, pandemics, or other force majeure events.
These Terms and any disputes arising out of or related to these Terms or any Service Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
Any legal action or proceeding arising out of or related to these Terms or any Service Agreement shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida. Both parties consent to personal jurisdiction in these courts and waive any objection to venue therein.
Before initiating any formal legal proceeding, both parties agree to attempt to resolve any dispute in good faith through direct negotiation. The party with a complaint must first contact the other party in writing, clearly describing the nature of the dispute and the resolution sought. Both parties agree to engage in good faith discussions for a period of no less than thirty (30) days before escalating to mediation or litigation.
If good faith negotiation fails to resolve the dispute within thirty (30) days of written notice, the parties agree to attempt resolution through non-binding mediation before a mutually agreed-upon mediator in Miami-Dade County, Florida, before pursuing litigation. The costs of mediation shall be shared equally by the parties unless otherwise agreed.
In any legal proceeding to enforce these Terms, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs from the non-prevailing party.
The Equation Agency LLC reserves the right to update, modify, or revise these Terms of Service at any time at our sole discretion. Changes become effective upon posting to our website at theequationagencyllc.com/terms with an updated "Last Updated" date.
For existing clients with active Service Agreements, material changes to these Terms will be communicated by email to the address on file with the client's account. Continued use of our services or continued performance under an active Service Agreement after notice of changes constitutes acceptance of the updated Terms.
We encourage clients and prospective clients to review these Terms periodically. If you object to any updated Terms, your sole remedy is to cease using our website and, if applicable, to provide written notice of termination under the terms of your Service Agreement.
For questions, concerns, or notices regarding these Terms of Service, please contact The Equation Agency LLC using the information below:
Legal notices must be submitted in writing by email to management@theequationagencyllc.com with the subject line "Legal Notice — [Nature of Matter]." We will acknowledge receipt of legal notices within five (5) business days.
Ready to work together? If you have questions about our services or the Technology Assessment before engaging, we welcome you to book a no-obligation strategy call. Use the button below to select a time.