Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Lakeway Business Consulting ("Company," "we," "us," or "our") governing your access to and use of the lakewaybusinessconsulting.com website (the "Site") and the services we provide.

BY ACCESSING OR USING OUR SITE OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE OUR SITE OR SERVICES.

1. Services

1.1 Service Description

Lakeway Business Consulting provides business consulting, strategic advisory, marketing services, automation solutions, and related professional services (collectively, "Services") to small and medium-sized businesses.

Our Services include, but are not limited to:

• Business strategy and planning
• Marketing strategy and execution
• Sales optimization
• Social media management
• Paid advertising (Google Ads, Meta Ads, TikTok Ads)
• Email marketing
• Analytics and reporting
• E-commerce platform setup (Shopify, WooCommerce)
• AI automation implementation
• Business growth consulting

1.2 Service Phases

We offer Services tailored to different business growth phases:

• Foundations: Business strategy and core systems setup
• Launch: Market validation and initial customer acquisition
• Growth: Systems optimization and market expansion
• Scale: Strategic expansion and exit preparation

1.3 Customized Solutions

All Services are customized based on your business type, industry, and specific needs. Final scope, deliverables, and pricing will be detailed in a separate Statement of Work (SOW) or Service Agreement.

2. Eligibility

2.1 Age Requirement

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services.

2.2 Business Representation

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2.3 Accurate Information

You agree to provide accurate, current, and complete information when engaging our Services or using our Site.

3. Service Engagement and Agreements

3.1 Statement of Work (SOW)

Upon engagement, we will provide a Statement of Work or Service Agreement detailing:

• Scope of services
• Deliverables and timelines
• Pricing and payment terms
• Specific terms applicable to your engagement

3.2 Free Consultations and Audits

We may offer free business audits or consultations. These are provided for informational purposes only and do not create a binding service agreement unless explicitly stated.

4. Fees and Payment

4.1 Pricing

Service fees will be specified in the applicable SOW or Service Agreement. Pricing may vary based on:

• Service complexity and scope
• Business type and industry
• Timeline and urgency
• Additional services or add-ons

4.2 Payment Terms

• Payment terms will be outlined in your Service Agreement
• Payments may be structured as one-time fees, monthly retainers, or project-based milestones
• All fees are in US Dollars (USD) unless otherwise specified

4.3 Third-Party Costs

You are responsible for any third-party costs associated with your services, including:

• Advertising spend (Google Ads, Meta Ads, etc.)
• Software subscriptions
• Platform fees (Shopify, email marketing tools, etc.)
• Domain and hosting costs

5. Client Responsibilities

5.1 Cooperation and Communication

You agree to:

• Provide timely access to necessary information, assets, and resources
• Respond to our communications in a reasonable timeframe
• Assign a primary point of contact for the engagement
• Provide feedback and approvals as needed

5.2 Compliance

You are responsible for ensuring that:

• Your business operations comply with all applicable laws
• Materials and information you provide do not infringe on third-party rights
• You have proper licenses and permissions for any content you provide

6. Intellectual Property Rights

6.1 Our Intellectual Property

All content, materials, methodologies, frameworks, tools, and intellectual property developed by us or provided through our Services remain our exclusive property unless explicitly transferred in writing.

6.2 Client-Specific Deliverables

Upon full payment, you will own the specific deliverables created exclusively for you as outlined in your Service Agreement, such as:

• Custom marketing strategies
• Advertising campaigns and content created for your business
• Custom graphics and designs (excluding templates)
• Written content specific to your business

6.3 Portfolio and Case Studies

We may feature your business in our portfolio, case studies, and marketing materials unless you request otherwise in writing. We will not disclose confidential information without your consent.

7. Confidentiality

7.1 Confidential Information

Both parties agree to maintain the confidentiality of all proprietary and confidential information exchanged during the engagement, including:

• Business strategies and plans
• Financial information
• Customer data
• Trade secrets
• Proprietary methodologies

7.2 Duration

Confidentiality obligations survive the termination of our engagement and continue for a period of 3 years.

8. Representations and Warranties

8.1 Our Warranties

We represent and warrant that:

• We will perform Services in a professional and workmanlike manner
• We have the necessary skills and expertise to provide the Services
• Our Services will not violate any third-party intellectual property rights

8.2 Results Disclaimer

While we strive to achieve the best possible outcomes, we cannot guarantee specific business results, revenue increases, customer acquisition numbers, or ROI. Business success depends on many factors beyond our control.

9. Limitation of Liability

9.1 Cap on Liability

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $5,000, WHICHEVER IS LESS.

10. Term and Termination

10.1 Termination by Client

You may terminate ongoing services by providing 30 days' written notice. You remain responsible for:

• Fees for services rendered up to the termination date
• Any committed advertising spend or third-party costs
• Early termination fees if specified in your Service Agreement

10.2 Termination by Us

We may terminate our Services immediately if:

• You breach these Terms or your Service Agreement
• You fail to make payments
• You engage in illegal or unethical conduct

11. Dispute Resolution

11.1 Governing Law

These Terms are governed by the laws of the State of Texas, United States, without regard to conflict of law principles.

11.2 Arbitration Agreement

If informal resolution fails, any dispute arising out of or relating to these Terms or our Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in Austin, Texas.

11.3 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

12. Contact Information

If you have questions or concerns about these Terms of Service, please contact us: