Terms and Privacy Policy | Solutions by O.G. Brown, LLC

The Terms and Privacy Policy (the “Agreement”) is made between you, your organization (if you are entering into this Agreement on behalf of an organization), collectively referred to herein as “you” or “your” (and appropriate formatives) and Solutions by O.G. Brown, LLC ("SbOGB.com", us, we, our), and our sub-contractors’ web services, hereafter collectively referred to as “the Services”. The Agreement is made effective when accepted by SbOGB.com, your use of our website, or receipt of your first payment for Services. You certify that you are at least 18 years of age. You must read and agree to be bound by all terms and conditions of this Agreement, the fee schedules on the On-line Order and Information forms and any policies that are or may be published by SbOGB.com. By posting notice 30 days in advance at a web page available on our web sites (http://www.sbogb.com), SbOGB.com may modify the terms and conditions of this Agreement or the prices of its Services, as well as discontinue or change the Services offered. You will be bound by the modified Agreement, prices and/or policies if you continue to use the Services.

General Policies

Welcome to 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 SbOGB.com’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

Our Site uses forms in which you give us contact information (including your name, address, telephone number, and email address) so you can place orders, request information and support, and make product suggestions. For certain services, we may also request a credit card number, government identification number, or other financial information. We will then create an account number for you.

We receive and store any information you enter on our Site, or give us in any other way, including through email, telephone, or other communications with our customer service department. If you contact us for support, we will keep an internal record of what support was given.

We use information gathered about you from our Site statistics (for example, your IP address or device operating system) to help diagnose problems with our server, and to administer our Site. We also gather broad demographic information from this data to help us improve our Site and make your browsing and purchasing experience more enjoyable. This is not linked to any personally identifiable information, except as necessary to prevent fraud or abuse on our system.

Our Site use cookies to keep track of your shopping cart and receipts. We use cookies to identify you so you don’t need to log in each time you visit our Site. The cookies are linked to your customer number, which is associated with the information in your account.

This Site contains links to other websites. SbOGB.com is not responsible for the privacy practices or the content of such sites.
SbOGB.com reserves the right to change these terms and conditions and will post any changes to these terms on this site. You are responsible for reviewing any changes and your continued use of this site indicates agreement to the new terms and conditions.

30 Day Guarantee

SbOGB.com is confident you will enjoy working with us and backs it up with a 30 Day Guarantee. The guarantee covers SbOGB.com Design, Development, Hosting, or Maintenance charges paid directly to SbOGB.com. It excludes any set up, domain names, ssl, hosting, or software/media fees paid to 3rd parties on your behalf.

If you’re not satisfied with SbOGB.com’s work within the first 30 days of working with us, you can invoke the guarantee and you would receive a refund of your monies paid directly for SbOGB.com services, forfeit rights to the work originally requested, and cancel the delivery of the site, partial work, and future updates. Accounts closed after 30 days do not qualify for refund of any pre-paid fees.

If the site has launched to replace an older site, and you cancel within the first 30 days, and provide an alternate hosting account to SbOGB.com: SbOGB.com would make sure your old site is functioning, as backed up at the start of the project, with the hosting company you selected and provided to SbOGB.com.

SbOGB.com does our best to make sure you’re satisfied, even if that means helping you to leave us. Also, SbOGB.com is here when and if you decide to return, just give us a call when you’re ready.

Authorization

The client hereby authorizes SbOGB.com to access client’s domain name service, hosting account, and other web services necessary to fulfill the Website Services. The client authorizes any 3rd party web service providers to provide SbOGB.com with “write permission” for the client’s web page directory, cgi-bin directory, and any other directories, programs,or websites which need to be accessed for this project. The client also authorizes SbOGB.com the option to publicize their completed web site to Web search engines, as well as other Web directories and indexes.

Assignment of Project

SbOGB.com reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.

Duration of Agreement

Services purchased in this agreement have specified by the user via the order form and/or estimate and/or the memorandum of agreement, and renewal of the term along with associated billing will be done as detailed in section3.3 above.

Additional Policies

Additional policies may apply to you based on the services you purchase from SbOGB.com:

Legal Terms

SbOGB.com does not warrant that the functions contained in these web pages or the Internet web site will meet the client’s requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and web site is with the client. In no event will SbOGB.com be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or web site, even if SbOGB.com has been advised of the possibility of such damages. If any provision of this Website Design Services Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Website Design Services Agreement and shall not affect the validity and enforceability of any remaining provisions and such invalid provision shall be deemed to be replaced with a provision that is valid and is as close as possible to the terms and intent of the original invalid provision.

Cooperation with Law Enforcement

SbOGB.com reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its accountholders or for any other reason it in good faith deems necessary. SbOGB.com will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not SbOGB.com’s intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the “CDA”) or any other applicable law.

DMCA Policy

You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the “DMCA”) and acknowledge that SbOGB.com is a “service provider” under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, SbOGB.com will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, SbOGB.com has a policy of terminating accountholders who are copyright infringers. For further information on the SbOGB.com DMCA policy and procedures, please see http://www.sbogb.com/about-sbogb/dmca-copyright-compliance/.

Copyrights and Trademarks

The client represents to SbOGB.com and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to SbOGB.com for inclusion in Web Pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend SbOGB.com and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

Copyright to Web Pages

The Client retains all rights to the content, including artwork, and concepts provided to SbOGB.com as input to the Project and SbOGB.com assumes no transfer of ownership or liability of the Client’s ideas, artwork, work product or intellectual property to SbOGB.com. Copyright of the design of the finished assembled work of web pages produced by SbOGB.com is owned by SbOGB.com. Upon receipt of payment by SbOGB.com for web site design services, and given the Client has retained rights to the content, the Client is then specifically assigned rights to the non-content portions of the web site, including rights to photos, graphics, source code and design of the final website as well as work-up files (the “Non Content Portions”). The Client’s rights to the Non Content Portions are limited to continuing to use the design or make modifications as needed. The Client’s rights can be transferred in the event of the sale or merger of the Client’s business. The Client’s rights do not include the right to resell the design or elements of the design for the purpose of selling website designs or templates in a competitive manner against SbOGB.com unless a reseller agreement granting those additional rights is in place. The text, artwork and verbiage contained within the web site pages, if copyrighted, are owned by their respective copyright owners and may not be used unless the owner of the material’s copyright has expressed specific written consent. SbOGB.com and its subcontractors retain the right to display samples of the Web design elements as examples of their work in their respective portfolios.

Laws Affecting Electronic Commerce

From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend SbOGB.com and their agents, and subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s exercise of Internet electronic commerce.

Limited Warranty; Limitation of Liability; Indemnification

Disclaimer of Warranties

You acknowledge that the Services are provided “as is.” Neither SbOGB.com or our subcontractors, nor any of their employees or agents, warrants that the Services will be uninterrupted, error free or free from viruses or other harmful components. SbOGB.com or our subcontractors are not responsible for and hereby disclaims any warranties, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or completeness, noninfringement, merchantability or fitness for a particular purpose of information available on its servers or residing on or passing through its interconnecting networks. Use of information obtained from or through the Services is at your risk. Under no circumstances will SbOGB.com or our subcontractors be liable to you or any other person for any loss or damage caused by your reliance on information available on its servers or obtained through the Services.

Limitation of Liability

IN NO EVENT SHALL SbOGB.com BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE SbOGB.com SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF OUR SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF SbOGB.com HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS DESCRIBED HEREIN WILL ALSO APPLY TO ALL DOMAIN NAME DISPUTES, INVOLVING BOTH NEW DOMAIN REGISTRATIONS AND RENEWALS OR ANY FAILURE TO RENEW. NO EVENT SHALL SbOGB.com MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO SbOGB.com FOR THE SERVICES DURING THE PRIOR ONE (1) MONTH OR THE FEES ASSOCIATED WITH DOMAIN NAME REGISTRATION.

Indemnification

You agree to indemnify, defend and hold SbOGB.com and our subcontractors and their affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto SbOGB.com’s servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to SbOGB.com’s equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by SbOGB.com’s gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.

Payment of Fees; No Refunds; Venue; Governing Law

Consent to Contract Electronically

By clicking any SbOGB.com order form “Submit Order”, “Buy Now”, or “Check Out” buttons, you agree to be bound by and to comply with this Agreement just as if you had signed it, and clicking the “Submit Order”, “Buy Now”, or “Check Out” buttons is the legal equivalent of your signature on a written contract.

Payment of Fees

In order for SbOGB.com to remain in business, payments must be made promptly. Billing occurs in advance annually or monthly on the 30th day from your first monthly payment date every month.

Fees for the Service are paid on an annual or monthly basis and will be deemed fully earned when paid and are not refundable.

Please pay on time.

Notice of Fee Changes

SbOGB.com will publish a notice of fee increases 30 days before such increases take effect on the web site. A listing of current monthly and/or annual fees can be found at http://www.sbogb.com.

Accurate and Legal Billing Information

You agree to provide SbOGB.com with accurate and complete billing information, including your legal name, address, telephone number, e-mail address and applicable payment date and to update this information immediately if any change occurs. You must secure your account with a valid credit card or pre-payment. Payments must be submitted in advance of receiving the Services.

Automatic Billing for Services Requested

You acknowledge that SbOGB.com will bill your credit card or invoice you prior to the Payment Interval you have chosen. You authorize automatic billing by SbOGB.com on an on-going basis during the term of this Agreement. All accounts will be billed at each designated interval (monthly, quarterly, or annually) automatically and without specific notice. You are responsible for terminating account(s) and associated billing except as noted here in cases of violation of SbOGB.com policies. You are responsible for any overdraft or over limit fees that may result if there are insufficient funds in your account to cover your hosting or domain name or related service fees. Further, you authorize SbOGB.com to charge any overdraft or over limit fees to your account.

Delinquent Accounts

Delinquent accounts not paid within 5 days of the billing due date will be suspended. SbOGB.com reserves the right to remove web pages from viewing on the Internet and a message indicating your account suspension will be seen until final payment is made. Notwithstanding any other rights SbOGB.com or our subcontractors may have in this Agreement, all of your website contents will be removed permanently from our servers if your account is delinquent for 60 days. SbOGB.com hosting accounts continue to accrue charges while they are delinquent or if the Services are suspended. In case collection proves necessary, the client agrees to pay all fees incurred by that process.

Please pay on time.

Manual Payments

Manual Payments: Mailing Partial Payments

SbOGB.com will receive partial payments by mail to our business address:
Solutions by O.G. Brown, LLC 4760 Preston Rd Ste 244-246 Frisco, TX 75034-8548
Do not mail cash. We accept NO responsibility for cash payments. Money Orders, Cashier Checks, and personal checks are acceptable forms of payment. Mailed partial payments should be done 7-10 days in advanced of the required 30 day payment due expiration in order to allow processing of your payment in time to apply to your account. Manual payments require transit to/from the mail services and to/from our banking services which is automatically resolved with on-line payments. Due to this extra cost of transit, any payment for less than $250.00 has a $30.00 processing fee before applying the remainder to your account.

You may make an on-line partial payment without this fee: https://www.sbogb.com/payments

Manual Payments: Payment Drop-off

SbOGB.com does not have any payment drop-off locations. Please use our on-line payments or mail a payment to our mailing address.

Manual Payments: Payment Pick-up Service

SbOGB.com does not offer payment pick-up service. Please use our on-line payments or mail a payment to our mailing address.

Chargeback fee, $60.00

There is a fee of $60 for credit card chargebacks, returned or refused checks, or any other form of refused, returned, or denied payment.

Unsuspension fee, $30.00

There is a fee of $30 automatically applied to all suspended accounts which must be paid in order to have accounts unsuspended.

Financial Responsibility

You acknowledge responsibility for your account until payment in full is made.

Cancellation of Accounts

Cancellation

You must cancel your SbOGB.com hosting account by written request to our address on the first page of this agreement.

Accounts closed after 30 days of initiation or annual renewal do not qualify for refund of any pre-paid fees, including annual accounts.

Paid in Full Required

All SbOGB.com accounts must be paid in full before the cancellation will be considered complete.

Billing Problems and Termination

Accounts paid by credit cards which are rejected by our on-line card processor are grounds for termination. If you need to replace your credit card info please use our contact form to provide your domain name and contact information.

Because of the risk of credit card fraud, any account which offers two bad credit cards within any 6 month period will be subject to immediate termination.

All Sub-Networks, distributive hosting sites and dedicated servers of SbOGB.com must adhere to the above policies.

Failure to follow any term or condition will be grounds for immediate account deactivation without refund.

SbOGB.com’s Right to Terminate Agreement

(a) SbOGB.com reserves the right to suspend or terminate the Services to you and remove or prevent access to any material from your website at any time, without pr(a) SbOGB.com reserves the right to suspend or terminate the Services to you and remove or prevent access to any material from your website at any time, without prior notice or liability, for any conduct that SbOGB.com, in its sole discretion, believes violates this Agreement or is otherwise harmful to SbOGB.com’s interests or the interests of other accountholders.

(b) SbOGB.com also reserves the right to comply with the take-down provisions of the DMCA and to seek injunctive, declaratory, interpleader or other judicial or equitable relief (and, pending such action, to suspend all access to your website) if any third-party claim is made that your website content or use violates any of the acceptable uses or your obligations or representations described in this Agreement.

Site Deletion

If your account is suspended or terminated for any reason permitted by this Agreement, SbOGB.com, at its sole discretion, may permanently delete your website contents from SbOGB.com servers, and SbOGB.com will not be able to reopen or restore such content.

Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Arbitration; Governing Law

Arbitration

Except for SbOGB.com’s compliance with take-down provisions of the DMCA or injunctive or other equitable actions initiated by SbOGB.com pursuant to Section 5(b), if any controversy or dispute arises in connection with this Agreement, the Services or your use of SbOGB.com’s servers, such controversy or dispute shall first be presented for resolution by SbOGB.com and you. If no resolution is reached within 7 days thereafter, then such controversy or dispute shall be resolved by binding arbitration in Plano, Texas or Collin County, Texas, under the then-current rules of commercial arbitration of the American Arbitration Association. The validity, terms, performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the State of Texas (without regard to conflicts of laws principles).

Jurisdiction

SbOGB.com is a state of Texas limited liability corporation. Regardless of the place of agreeing to this Website Design Services Agreement, the client agrees that for purposes of venue, this contract was entered into in the United States and specifically the state of Texas , and any dispute will be litigated or arbitrated in Plano,Texas and governed by the laws of the State of Texas , without giving effect to the conflict of laws provisions thereof.

For matters dealing with SbOGB.com, you hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Collin County, Texas, for any action, suit or proceeding arising out of or relating to the Financial Responsibility Section of this Agreement and the arbitration contemplated by this Arbitration; Governing Law Section.

Sole Agreement

The agreement contained on this website and in the additional policies above constitutes the sole agreement between SbOGB.com and the client regarding the client’s web site project and/or services. Any additional work not specified in the client’s invoice must be authorized by a written change order and approved by SbOGB.com in an updated invoice.