Terms & conditions

TERMS OF USE
Welcome to our website.
These are the standard terms and conditions for Powerful Marketing Online and apply to all contracts, agreements and all work undertaken by A.E. “Liz” Gordy d.b.a. Powerful Marketing Online (“A.E. “Liz” Gordy”, “PowerfulMarketingOnline.com”, ”us”, “we”, or “our”).
The term ‘you’ refers to the user or viewer of our website.
If you continue to browse and use this website, you are agreeing to, comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Powerful Marketing Online’s relationship with you in relation to this website.

The use of this website is subject to the following terms of use:
We may amend this Agreement at any time and the content of the pages of this website is for your general information and use only. It is subject to change without prior notice.
You agree that it is your responsibility to review this Terms of Use information periodically to familiarize yourself with any modifications and that your continued use of this site and our services after such modifications will constitute agreement to any modified terms and conditions.
By purchasing services from Powerful Marketing Online under the Powerful Marketing Online Brand, you agree to be bound by the following terms and conditions.

CONFIDENTIALITY
All discussions, correspondence and documents between the Client and Powerful Marketing Online will be treated as confidential between the Client and the Designer, unless consent has been granted by both parties involved. This includes trade secrets, marketing information and project pricing.

SERVICE DESCRIPTION

PowerfulMarketingOnline.com is an online maintenance and support service exclusively for single-site WordPress installations. Services include, but are not limited to, any and all services listed publicly on PowerfulMarketingOnline.com or offered privately to each individual client.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You may not create a link to this website from another website or document without Powerful Marketing Online’s prior written consent.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States of America.

Copyright Notice
All materials contained on this site are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published, or broadcast without prior permission of Powerful Marketing Online. You may not alter or remove any trademark, copyright or other notice from materials contained within this site.

You may download content, pages, and downloadable materials from this website for your personal, non-commercial use only.

Any word marks, logos, other trademarks and trade names are those of their respective owners. Illustrated products and specifications may differ slightly from those depicted or supplied. (For example: The Google logo is owned by Google, Inc.)

SUPPORT REQUESTS
Support requests must be submitted through email at [email protected]

Acceptable use of support requests include:
Website edits, corrections, additions
Fixing broken links and/or image changes
Hack or disaster recovery request
Theme/Plugin troubleshooting (non-urgent requests)
WordPress core file problems
Other errors
Research and recommendations for plugins
Site migrations
Other questions

Support Requests Not Covered in Monthly Maintenance Plans include:

Higher Tech Level Requests such as working with Databases and intricate software/program plugins, like shopping carts, membership management and other complex commercial plugins is not included and would require external contract developers at an additional cost but no extra charge for project management within your plans allotted time frame.
Design and development of custom themes or custom plugins and custom programming is not included for discounted add-on hours, nor is repairing complex custom templates for commercial plugins such as WooCommerce.
Urgent editing or troubleshooting of commercial themes and plugins is not included as a support feature – for this you will need to contact your theme developer or plugin developer.
Re-design or adding new themes/features/plugins to your website is not included as a support feature – for this you can request a separate quote.
SEO related Support Requests, such as Meta Titles, Snippets and Meta Descriptions.

Issues related to your Hosting Service provider or any 3rd party network/service.

Additional Support time may be purchased at the discounted hourly rate with your chosen plan rate.

Note that all support requests count against time included or purchased with any Plan.

DISCLAIMER OF WARRANTIES
All the materials and services on this website are provided on an ‘as is’ basis with no warranty of any kind, express or implied, including suitability for any intended purpose.

We make no warranty that:

Our services and materials will meet your requirements or expectations;
Our services and materials will be compatible with your hosting environment;
Our services and materials will be error-free;
Our services and materials will be uninterrupted;
Results from the use of our services and materials will be accurate or effective.

This website could include mistakes, inaccuracies, or technical errors. We may make changes to the website at any time and information about such services and materials could be out of date.

PROOFING OF FINAL PROJECT
Powerful Marketing Online will make every effort to ensure the final product is free of any grammatical or spelling errors. However, it is the Client’s responsibility to ensure there are no spelling or grammatical errors contained in the final product. Designer is not responsible or held liable for any errors contained in the final product.

We are not responsible for any damages your business may suffer. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us, our outside contractors and any third-party employees.

You understand and agree that temporary interruptions of the services provided by Powerful Marketing Online may occur as normal events. You further understand and agree that we have no control over your host or any third-party networks you may use in the course of the use of this site or our services, and therefore, delays and disruption of such networks are completely beyond our control.

You understand that all web hosts are different and that all of our services may not work with every host server setup. We will notify you during account setup if there are going to be problems using our services with your hosting setup. If settings on your host server change during your account period with us, that may affect our services and we will notify you if problems arise.

LIMITATION OF LIABILITY
Your exclusive remedy and our entire liability under this contract, if any, for any claim(s) for damages will be limited to the amount of our charges paid by you during the thirty (30) days period preceding the event giving rise to such claim.

In no event will PowerfulMarketingOnline.com (Powerful Marketing Online) be liable to the customer for any claims relating in any way to lost profits or other consequential, incidental, indirect or special damages relating in whole or part to this contract or the use or inability to use our materials and services.

INDEMNIFICATION
You agree that you shall defend, indemnify, save and hold PowerfulMarketingOnline.com (Powerful Marketing Online) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Powerful Marketing Online, its agents, its customers, officers and employees, that may arise or result from your use or misuse of this website and our services.

You agree to defend, indemnify, and hold harmless A.E. “Liz” Gordy/ PowerfulMarketingOnline.com against liabilities arising out of any injury to person or property caused by (1) any products or services sold or otherwise distributed in connection with Powerful Marketing Online’s service; (2) any material supplied by you that infringes on the property rights of a third party, including, but not limited to infringement of copyright, trademark, or trade secrets; and (3) any claim, suit, penalty, tax, or tariff arising from your use of Internet electronic commerce.

The Client further agrees to indemnify and hold harmless Powerful Marketing Online for claims of any nature whatsoever pertaining to the services and goods provided. This includes the loss of customer furnished proofs and materials, missing projected deadlines set for the completion of work, and loss of any information stored on Powerful Marketing Online computers. Additionally, this Indemnity Agreement includes claims relating to any software or misappropriations of trade secrets and/or any claim of theft of propriety information.

PRICES & PAYMENTS
All prices appearing on this site are subject to change without notice. All prices are in U.S. Dollars.
Please read our Automatic Recurring Billing Agreement carefully.

Payments not received before the start of a new service term must be made within 5 days or the account will be temporarily suspended. Once payment is made successfully the suspension will be removed.
Price changes in services to existing clients will be receive at least 30 days email notice before they take effect.

GOVERNING LAW
The laws of The United States of America, without reference to conflict of law provisions, will govern the validity of this Terms of Use Agreement, the construction of its terms and the interpretation of the rights and duties of the parties involved. Unless waived by A.E. “Liz” Gordy/ PowerfulMarketingOnline.com (which it may do in its sole discretion) the exclusive jurisdiction and venue of any action with respect to the subject matter of this Terms of Use Agreement shall be The United States of America, and you agree to this waiving any objections on the basis of venue, jurisdiction or inconvenient forum.

COPYRIGHT
PowerfulMarketingOnline.com (Powerful Marketing Online) does not assume any responsibility or liability for the content of the websites it manages, maintains and/or hosts.

PROMOTIONS
Promotional offers are not cumulative.

CANCELLATION & REFUNDS
You can cancel at any time for any reason. We just ask that you give us a 30 days written notice via email at [email protected] Service Maintenance Plans automatically renews month to month and can be cancelled at any time for any reason with a 30-day notice. To cancel simply contact us at least 30 days prior to the start of the next monthly recurring service period starts.

We maintain a policy of no refunds. Due to the month-to-month recurring service, cancelling at anytime of this agreement we ask for at least a 30-day notice, for this reason there are no refunds, pro-rated or otherwise for any reason.

ACCUMULATION OF SUPPORT TIME
Support time cannot be accumulated/transferred/rolled over to the next monthly service period. Support time must be used every month, or you will forfeit your Support time for that month.

REFUSAL OF SERVICE
PowerfulMarketingOnline.com (Powerful Marketing Online) reserves the right to refuse service to any individual, website, or blogs that contain offensive, obscene, hateful, malicious content or any other reason.

ACCEPTANCE
Please note that by submitting your payment, you are agreeing to all of our terms of service as they are written here. PowerfulMarketingOnline.com (Powerful Marketing Online) reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.

SEARCH ENGINES
We do not guarantee any specific position in search engine results for your website. We perform standard search engine optimization according to current best practices.

WEBSITE PERFORMANCE
We do not guarantee any specific website/page performance. We perform basic website optimization according to current best practices on your pre-existing website and therefore cannot guarantee performance expectations.

SECURITY
You are responsible for your website security. We do not guarantee any specific website security level, regardless of the chosen security measures and software. You will hold harmless, protect, and defend and indemnify Powerful Marketing Online and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your and your clients’ use of your website.

We strongly advice investing in professional security software and services, if you choose not to, we will install a free version firewall/antivirus application and perform basic website security according to current best practice.

PRIVACY
You are responsible for complying with all relevant laws relating to privacy, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Powerful Marketing Online and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of your website.

E-COMMERCE
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Powerful Marketing Online and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.

INTELLECTUAL PROPERTY
Any design concepts prepared during the course of a project are the intellectual property of Powerful Marketing Online. No use of these design concepts or ideas obtained from them shall be used except upon compensation determined by Powerful Marketing Online.

OWNERSHIP OF ARTWORK
Powerful Marketing Online shall retain full intellectual rights to any files and/or original artwork or parts contained therein, whether preliminary or final. Upon full payment, designer will provide the Client with final artwork. The final artwork provided will not, however, include designer’s build files. Designer build files can be purchased for an additional fee mutually agreed upon between designer and client. Powerful Marketing Online retains the right to use completed and preliminary designs for the purpose of design competitions, future publications on design, educational purposes, marketing materials, and portfolio.

MORE INFORMATION
Please contact us with any questions regarding the PowerfulMarketingOnline.com (Powerful Marketing Online) terms of service by email [email protected]