Terms & Conditions of P.O.G. LLC internet marketing and design and other services.

1. Permission. The named client is hiring P.O.G. LLC, as an independent contractor for the web design and/or development and redesign of a website design, which will be uploaded on the client's website/URL on an Internet Service Provider (ISP). If the client utilizes P.O.G. LLC’s hosting & maintenance program, the client authorizes P.O.G. LLC to access client’s website and grants permission to P.O.G. LLC to have "complete and full access" to the client's website account and all programs required for the website design service that are included as part of the client's website design service agreement and/or the hosting & maintenance program.

2. Permitted Use. A permitted use policy is part of these terms and conditions of hosting & maintenance and any information associated with the URL/Website name. Unfortunately, this is required because of abusive email practices by a small number of Internet users. The permitted use policy is part of our hosting & maintenance agreement and is also considered part of these terms and conditions.

3. Copyright and Trademarks.The client guarantees that any text, graphics, verbiage, designs, trademarks, photos, or other art or design is provided to P.O.G. LLC for the website design service are owned by the client, or alternatively that the client has full permission from the true owner to use these items, and will hold harmless, protect and defend P.O.G. LLC and its employees, owners, members, independent contractors, and/or subcontractors from any claim or lawsuit arising from the use of such items furnished by the client.

4. Completion Date. P.O.G. LLC will work with client and client agrees to work with P.O.G. LLC to complete the website design in a timely manner. P.O.G. LLC agrees to work fastidiously, with the cooperation of the client, to complete the website design no later than 40 days from the start of work. If the client fails to supply P.O.G. LLC with full content for website design or fails to work with the website design liaison via email and phone, P.O.G. LLC retains the right to put the client’s file on hold or permanent cancelation. There are no refunds for services performed.

5. Website Design Delivery. Upon final approval of all changes to the website design mockup, P.O.G. LLC will ask the client to sign a Completion Approval letter and return such letter to P.O.G. LLC. The website design service is complete upon final payment, which will be processed after receipt of the signed Completion Approval letter. After final payment is processed, the website design will be provided to client. Website design will be provided to client by publishing, electronic transfer of files, or physical media. The client understands hosting & maintenance are not a part of the website design package and is a separate, fee-service. Hosting & maintenance services require a separate agreement between P.O.G. LLC and client. Unless under separate agreement with P.O.G. LLC for hosting & maintenance services, the client is responsible for all hosting & maintenance and any fees associated with such services. The client maintains full responsibility for the use and functionality of the website design after website design delivery.

6. Electronic Commerce Laws.The client agrees that the client is fully responsible for complying with electronic commerce laws, any applicable taxes, and will hold harmless, protect, and defend P.O.G. LLC and its employees, owners, members, independent contractors and subcontractors from any claim, suit, penalty, or tax arising from the client's use of Internet electronic commerce.

7. Payment Schedule.Payments must be made promptly based on the agreed schedule. Any payment that is more than 15 days past due from the invoice date will mean that P.O.G. LLC will put the client’s design project on hold until payment is brought current. P.O.G. LLC reserves the right to delete any website design from viewing on the Internet until final payment is made in full. Please pay on time. All website design fees are due as follows: 25% fee due upon signing of website design agreement. Client is allowed two design revisions; after each revision a 25% fee is due. The remaining 25% fee is due upon website completion.

8. Refunds and Cancelations.P.O.G. LLC does not offer refunds for services provided. Fees paid for services provided are non-refundable. Should you wish to cancel any hosting services, a thirty (30) day notice is required.

9. Venue.The client agrees that for purposes of venue, the agreement signed, regardless of physical locations, will be entered into in Oxford, Mississippi, US and any dispute will be litigated or arbitrated in Oxford, Mississippi, US.

10. Notice. P.O.G. LLC does not guarantee that the website design will be uninterrupted or error-free. The entire risk as to the quality and performance of the website design lies with the client. In no event will P.O.G. LLC be liable to the client or any third party for any damages, including, but not limited to service interruptions caused by Acts of God or any other circumstances beyond our control, any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website design, failure of any service provider, of any telecommunications provider, of any Internet servers, your or site visitor's computer or Internet software.

11. Governing Law.This agreement shall be governed by, interpreted and enforced in accordance with the laws of the State of Mississippi and the Federal Laws of the United States of America applicable therein without reference to rules governing choice of laws. Any action relating to this agreement must be brought in Maricopa County, Arizona and the client irrevocably consents to the jurisdiction of such courts.

12. Statistics Reports. P.O.G. LLC will install analytics tracking software on all client websites. This software allows P.O.G. to view detailed traffic reports to client's websites. Client gives P.O.G. full permission to view traffic reports at any given time.  If client does not wish to grant P.O.G. permission to view detailed traffic statistics, client must submit this request to P.O.G. in writing.