Terms of Service
POHM LLC, an Ohio limited-liability company ("Provider") enters into this Agreement ("Agreement") with you ("Client") on the date Client clicks "Accept" or remits first payment, whichever first occurs. Each monthly renewal constitutes a new Agreement.
Scope of Services
Provider shall furnish Client with selected digital marketing services, including but not limited to pay-per-click advertising, search-engine optimization, social-media management, and graphic design ("Services"). All Services are rendered on a month-to-month basis.
Compensation & Billing
Client shall remit Provider's monthly fee on or about the anniversary of initial sign-up ("Billing Date"). Failure to pay within seven (7) days triggers Provider's right to suspend Services without notice. Client shall fund all third-party advertising budgets directly to the platform(s); Provider disclaims any liability for overspend within the platform's published tolerances (±20 %).
Performance Guarantee
For pay-per-click Services only: if Provider's ad spend yields zero (0) Qualified Conversions (as mutually defined prior to campaign launch), Provider shall continue campaign execution without additional fee until one (1) Qualified Conversion occurs. SEO, social, and creative services carry no performance warranty.
Intellectual Property
Client retains full ownership of all deliverables. Provider retains a non-exclusive, perpetual, royalty-free license to use anonymized performance data, graphics, and results in aggregate or portfolio form. Upon termination, Provider shall transfer administrative access; Client shall immediately update login credentials.
Data Retention & Security
Provider maintains all Client logins on encrypted servers. Data retained for up to one (1) year post-termination for re-onboarding or portfolio use, unless Client requests deletion in writing.
Subcontractors
Provider may engage approved freelancers under Provider's supervision and credentials; Client's sole recourse remains against Provider.
Force Majeure
Provider not liable for delays or failures caused by platform suspensions, outages, policy changes, or acts of God. Provider shall use commercially reasonable efforts to mitigate and restore access.
Governing Law & Dispute Resolution
Ohio law controls. All disputes shall be resolved by binding arbitration in Columbus, Ohio under AAA rules, not court.
Limitation of Liability
Provider's maximum liability equals the prior month's fee. No consequential, incidental, or punitive damages.
Entire Agreement
This document is the entire deal. Amendments only in signed writing.
Executed: By electronic acceptance Client agrees to be bound.