1. Agreement to Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Pogue Enterprises, LLC, an Arizona limited liability company ("Company," "we," "us," or "our"), governing your access to and use of crmcreator.com and all associated services.
By submitting a project inquiry, signing a project agreement, making a payment, or otherwise engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree, do not engage our services.
2. Services
2.1 Custom CRM Development
Pogue Enterprises, LLC provides custom customer relationship management (CRM) software development services on a per-project basis. Each project scope, timeline, and pricing is individually assessed and agreed upon prior to commencement.
2.2 Onboarding Call
All CRM projects begin with a mandatory onboarding call during which the Company and Client will discuss business requirements, desired features, integrations, workflows, and project scope. The scope documented following the onboarding call forms the basis of the project agreement.
2.3 Feature Pricing
Pricing is assessed on a per-project, per-feature basis. Not all features carry the same cost. Features that require third-party integrations, external API calls, licensing fees, or significant additional development complexity will be priced accordingly and disclosed to the Client prior to inclusion in the project scope.
2.4 Optional Hosting and Maintenance Subscription
The Company offers an optional recurring subscription for Database Hosting, Web App Hosting, and Maintenance. Subscription terms, pricing, and inclusions will be provided separately and incorporated into these Terms by reference.
3. Payment Terms
3.1 Project Pricing
All project pricing is custom-quoted and agreed upon in writing prior to project commencement. Quoted prices are valid for thirty (30) days from the date of issuance unless otherwise specified.
3.2 Payment Schedule
All CRM development projects are billed on the following schedule:
(a) Down Payment: A non-refundable down payment is required before any development work begins. The down payment amount will be specified in the project agreement and is typically fifty percent (50%) of the total project fee unless otherwise agreed in writing.
(b) Completion Payment: The remaining balance is due upon project completion, defined as the point at which the Company delivers the completed CRM to the Client for review and acceptance, or upon the Client's formal acceptance of the project, whichever comes first.
3.3 Subscription Fees
Hosting and maintenance subscription fees are billed monthly in advance on a recurring basis. Failure to pay subscription fees within ten (10) days of the due date may result in suspension of hosted services. Failure to pay within thirty (30) days of the due date may result in termination of services and initiation of data offloading procedures.
3.4 Late Payments
Invoices not paid within thirty (30) days of the due date are subject to a late fee of one and one-half percent (1.5%) per month on the outstanding balance, or the maximum rate permitted by applicable law, whichever is less.
3.5 Disputed Invoices
If you dispute an invoice, you must notify us in writing within seven (7) days of receipt. Undisputed portions of an invoice remain due by the original due date.
4. Refund Policy
4.1 Down Payment
The down payment is non-refundable under all circumstances. The down payment compensates the Company for scoping, planning, onboarding, and initial development work performed prior to and at the commencement of the project.
4.2 Completion Payment
Once the Client has formally accepted the completed project in writing, no refund of the completion payment will be issued. Acceptance is defined as any of the following:
(a) The Client provides written confirmation of acceptance
(b) The Client begins using the CRM in a production or live capacity
(c) Fourteen (14) calendar days pass from delivery without written objection from the Client
4.3 Refund Prior to Completion
If the Client terminates the project after the down payment has been made but before project completion, the down payment is forfeited. Any work completed beyond the scope compensated by the down payment will be invoiced and is due upon termination.
4.4 Company-Initiated Termination
If Pogue Enterprises, LLC terminates the project for reasons not attributable to the Client's breach, a pro-rata refund of amounts paid beyond work completed will be issued within thirty (30) days.
4.5 Subscription Fees
Monthly subscription fees are non-refundable for the current billing period. Cancellation takes effect at the end of the current paid period. No partial-month refunds will be issued.
4.6 No Chargebacks
Client agrees not to initiate a chargeback or payment reversal with their financial institution without first attempting resolution directly with Pogue Enterprises, LLC. Unauthorized chargebacks may result in suspension of services, referral to collections, and recovery of all associated fees.
5. Revision Policy
5.1 Included Revision Rounds
Each CRM project includes two (2) revision rounds at no additional charge. A revision round is defined as a consolidated set of change requests submitted by the Client in writing following delivery of a project milestone or completed build.
5.2 Scope of Revisions
Revisions must fall within the original agreed-upon project scope. Revisions that introduce new features, expand functionality, alter core architecture, or constitute a material change to the original scope are not covered under the included revision rounds and will be scoped and priced as additional work.
5.3 Additional Revisions
Any change requests submitted after the two (2) included revision rounds have been used will be assessed and priced as new work. The Company will provide a written quote for approval before additional revision work commences.
5.4 Revision Submissions
Revision requests must be submitted in writing (email is acceptable) in a single consolidated document per round. The Company will not accept revision requests submitted piecemeal across multiple communications as a single revision round. Each separate submission after the first may be counted as an additional revision round.
6. Warranty
6.1 Thirty-Day Warranty
Following formal project acceptance, Pogue Enterprises, LLC provides a thirty (30) day warranty period during which the Company will correct bugs, defects, and errors in the delivered software at no additional charge. This warranty period also includes onboarding support to assist the Client and their team in learning to use the CRM.
6.2 Warranty Scope
The warranty covers defects in the functionality as delivered and accepted. It does not cover:
(a) Issues arising from Client-made modifications to the codebase
(b) Third-party service outages, API changes, or external dependency failures outside the Company's control
(c) New features or changes in scope requested after acceptance
(d) Issues caused by Client misuse or failure to follow provided documentation or instructions
(e) Infrastructure issues if the Client has opted out of the hosting and maintenance subscription
6.3 Post-Warranty Support
After the thirty (30) day warranty period, any bug fixes, updates, error corrections, or support will be billed at the Company's then-current hourly or project rate, or may be addressed as part of an active maintenance subscription.
7. Hosting and Maintenance Subscription
7.1 Subscription Services
The optional hosting and maintenance subscription includes database hosting, web application hosting, and ongoing maintenance as specified in the subscription plan selected by the Client.
7.2 Subscription Pricing
Subscription pricing is assessed on a per-client basis and communicated in writing prior to activation. Pricing is subject to change with thirty (30) days written notice.
7.3 Cancellation of Subscription
The Client may cancel the hosting and maintenance subscription at any time by providing written notice. Cancellation takes effect at the end of the current paid billing period.
7.4 Data Offloading Upon Cancellation
Upon cancellation or non-renewal of the hosting and maintenance subscription, the Company will prepare and deliver a full export of the Client's databases and data within thirty (30) days of the subscription end date. The export will be delivered in a standard format (e.g., CSV, JSON, SQL dump, or equivalent). Following confirmed delivery of data to the Client, the Company will delete the Client's data from Company-managed servers within thirty (30) days.
7.5 No Subscription Selected
Clients who do not select a hosting and maintenance subscription at the time of project delivery are responsible for arranging their own hosting infrastructure. The Company will deliver the codebase and databases directly to the Client. The Company bears no responsibility for hosting, uptime, security, or maintenance of the application once delivered.
7.6 Reactivation Fee
If a Client cancels their subscription and subsequently wishes to resume hosted services at a later date, a one-time reactivation and data remigration fee will be assessed. This fee covers the work required to re-import, configure, and redeploy the Client's data and application on Company-managed infrastructure. The reactivation fee will be quoted in writing prior to commencement of remigration.
8. Intellectual Property
8.1 Ownership Prior to Acceptance
Prior to formal project acceptance and receipt of payment in full, all work product, code, designs, and deliverables produced by Pogue Enterprises, LLC remain the exclusive intellectual property of the Company.
8.2 Transfer of Intellectual Property Upon Acceptance
Upon formal project acceptance by the Client AND receipt of all outstanding payments in full, the Company transfers full ownership of the custom-built CRM codebase, including all associated intellectual property rights, to the Client. This transfer covers the specific custom code built for the Client's project and does not include the Company's proprietary frameworks, templates, tools, or methodologies used during development.
8.3 Post-Transfer Modifications
Once intellectual property has been transferred to the Client, any subsequent modifications, additions, new features, integrations, or changes requested by the Client will be treated as a new and separate engagement. Such work will be scoped, priced, and billed accordingly. The Company has no obligation to continue development following IP transfer without a new written agreement.
8.4 Third-Party Components
The delivered CRM may incorporate open-source software, third-party libraries, or licensed components. The Client assumes responsibility for compliance with all applicable third-party licenses following IP transfer.
8.5 Company Portfolio Rights
Unless otherwise agreed in writing, the Company retains the right to reference the Client's project in its portfolio, case studies, and marketing materials. Sensitive business data will not be disclosed without explicit written consent.
9. Client Responsibilities
The Client agrees to:
(a) Provide accurate, complete, and timely information required for project scoping and development
(b) Participate in the onboarding call and provide feedback in a timely manner
(c) Review deliverables and submit revision requests within fourteen (14) days of delivery
(d) Designate a point of contact with authority to provide approvals and direction
(e) Provide timely payment in accordance with these Terms
(f) Not hold the Company liable for delays caused by the Client's failure to respond, approve, or provide required information
Project timelines are estimates and may be affected by Client responsiveness. Delays caused by the Client do not entitle the Client to a refund or price reduction.
10. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared in connection with the project, including but not limited to business processes, technical specifications, pricing, and data. This obligation survives termination of the engagement for a period of two (2) years. This clause does not apply to information that is publicly available or independently developed by the receiving party without reference to confidential information.
11. Limitation of Liability
To the maximum extent permitted by applicable law, Pogue Enterprises, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost data, business interruption, or loss of goodwill, arising out of or related to these Terms or the services provided, even if advised of the possibility of such damages.
The Company's total aggregate liability to the Client for any and all claims arising out of or related to a specific project shall not exceed the total fees paid by the Client to the Company for that specific project in the twelve (12) months preceding the claim.
The Company does not warrant that the software will be error-free, uninterrupted, or meet all of the Client's requirements beyond what was agreed in the project scope.
12. Indemnification
The Client agrees to indemnify, defend, and hold harmless Pogue Enterprises, LLC, its members, managers, employees, contractors, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:
(a) The Client's use or misuse of the delivered software
(b) The Client's breach of these Terms
(c) Any data stored in the Client's CRM that violates applicable law
(d) The Client's modification of the codebase following IP transfer
13. Third-Party Services and API Dependencies
Certain CRM features may depend on third-party services, APIs, or platforms (including but not limited to payment processors, email providers, calendar integrations, AI services, and communication tools). The Company does not control these third-party services and is not responsible for:
(a) Outages, changes, deprecations, or pricing changes by third-party providers
(b) The Client's costs associated with third-party API usage
(c) Data handling practices of third-party services
The Client is responsible for obtaining and maintaining any required accounts, API keys, or licenses for third-party services integrated into their CRM. Features dependent on third-party APIs will be disclosed during scoping and may carry additional development cost.
14. Force Majeure
The Company shall not be liable for any delay or failure to perform its obligations due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, power outages, internet disruptions, pandemics, or third-party service failures. The Company will notify the Client of such circumstances promptly and make reasonable efforts to resume performance.
15. Termination
15.1 Termination by Client
The Client may terminate a project engagement at any time by providing written notice. The down payment is non-refundable. Any work completed beyond the scope covered by the down payment will be invoiced and is payable upon termination.
15.2 Termination by Company
The Company may terminate the engagement immediately upon written notice if:
(a) The Client fails to make payment within thirty (30) days of the due date
(b) The Client engages in fraudulent, abusive, or unlawful conduct
(c) The Client materially breaches these Terms and fails to cure the breach within ten (10) days of notice
15.3 Effect of Termination
Upon termination, all licenses granted are revoked, all outstanding balances become immediately due, and the data offloading process will be initiated for subscription clients.
16. Dispute Resolution
16.1 Informal Resolution
Before initiating any formal proceedings, both parties agree to attempt to resolve any dispute informally by providing written notice of the dispute and engaging in good-faith negotiation for a period of thirty (30) days.
16.2 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles.
16.3 Jurisdiction
Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona. Both parties consent to personal jurisdiction in such courts.
16.4 Attorneys' Fees
In any dispute arising from these Terms, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party.
17. General Provisions
17.1 Entire Agreement
These Terms, together with any project agreement, proposal, or statement of work signed by both parties, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior negotiations, representations, warranties, and understandings.
17.2 Amendments
These Terms may be updated at any time. Material changes will be communicated to active Clients. Continued engagement following notice of changes constitutes acceptance. The version in effect at the time of a project agreement governs that engagement.
17.3 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect.
17.4 No Waiver
Failure by the Company to enforce any provision of these Terms shall not constitute a waiver of the right to enforce that provision in the future.
17.5 No Agency
Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties.
17.6 Assignment
The Client may not assign or transfer any rights or obligations under these Terms without the prior written consent of the Company. The Company may assign these Terms in connection with a merger, acquisition, or sale of assets.
17.7 Notices
All formal notices under these Terms must be sent in writing to hello@crmcreator.com or such other address as either party designates in writing.
18. Contact
Pogue Enterprises, LLC
Email: hello@crmcreator.com
Website: crmcreator.com