Knowledge Base

Project Service Model & Agreement

         
Updated June 2, 2019


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Standard Disclaimer:

 

The cost represented within an estimate or invoice are to be used for the project(s) or service(s) discussed / rendered / initiated. Created contents for any project are copyright protected by PIGO Multimedia, Inc. Please refer to the most updated “ Terms of Service “ found at https://support.pigomultimedia.com/ within the “Knowledgebase” section.

Since we cannot update already printed copies sent to our clients, it is hereby understood that the client is additionally responsible for reading over the updated “Knowledge Base”, “Terms of Service” and the “Billing” sections that are posted online as being the current, authoritative information
at https://support.pigomultimedia.com

Making a payment constitutes an agreement that the client has already read and understands the material we have posted online at https://support.pigomultimedia.com and in print on this page.


 




Terms and Agreement:

Costs are subject to change if the project’s specifications are altered before a project Phase has begun, or if the costs for outsourced services are changed


In order to remain competitive and to grow our client's online business, we are continuously engaged in new product development and enhancement in the forms of client consultation, online research, product stress-testing and custom modifications / programming / design. This is also known as “Research and Development” ( R & D ). And the amount of hourly time spent during ( R & D ) is an intangible asset that cannot be returned or refunded. Additionally, there may be some cases where payment for the ( R & D ) will be required before any labor on a project or a special request is performed / continued ; as a matter of contingency.

Once each Phase is started the prices and desired requests are locked. The client cannot change their request to exclude work from the Phase once the Phase has begun. But they can exclude original requests from Phases not yet begun in the Project.

Additional “add-ons” to a Phase can be requested by the client during or after a Project.
The more complex programming or graphics = longer time = higher cost.


 




Payment is to be made at the beginning of each phase of the site within a project. Per each phase all monies are deemed earned upon receipt and are non-refundable. If a particular function or direct-service does not initially work we will do our best to remedy it or refund an amount ( in full or as a prorate) for that particular function or direct-service. Third-party services are not  "direct-services" .

Complete payment for possession of the function and/or design of a project must be made at the beginning of each Phase.

At times there are special circumstances where PIGO Multimedia, Inc. might initiate work without a prepaid deposit. Any website, under any circumstance, that has a lapse of 1 month of not completely being paid for, OR has not had any of the needed / required contents submitted via the client, OR where there has been no follow-up from the client the Project will be considered "abandoned" and/or "forfeited".


 

It is important to note that this lapse time of 1 month serves only as an extension at the sole discretion of PIGO Multimedia, Inc. And that it is subordinate to the principal due date that is posted at the bottom of an invoice; typically posted due “3 regular days” or "immediately" from the date of submission to the client.


There are also times when a client might request “addendum services” before the completion of another Phase that has already been paid for. FOR EXAMPLE: “Phase 5” has been paid for and involves scheduled training for the client. In the interim before that date the client has requested an “addendum service” to be performed. If the “addendum service” is performed and has not yet been paid for, then “Phase 5” will be put on hold, without refund, until full payment for the “addendum service” has been rendered. If payment for the “addendum service” is overdue then any monies rendered for “Phase 5” would be allocated and supplemented toward the due amount for the “addendum service”, which would leave a deficit amount due for “Phase 5”.


In the rare event that the above happens and the client contacts PIGO Multimedia, Inc. after the Project or request has been considered "abandoned" and/or "forfeited", the client will...

A) - Be responsible for any outstanding, due payment from that Project or request in addition to any recreated/duplicated programming toward resurrecting that project.

B) -  Be responsible for any outstanding, due payment accrued from any past-worked Project before a newer Project or request is begun.


NOTE: Again, any initial deposits, confirmed emails / dialogues, and /or signed documents made to PIGO Multimedia, Inc. constitutes a binding agreement and understanding between the client(s) and PIGO Multimedia Inc. concerning ALL the information on this page .

 





Payments & Customer Service Model:

1) - Due payment to PIGO Multimedia, Inc. is not contingent on the client or liason supplying the required content for their project. When a project or Phase is completed to the fullest extent that PIGO Multimedia, Inc. can fulfill, payment will be due prior to beginning the next Phase. And when the client or liason has supplied the required content, it will be executed toward the project at that time.

2) - Any "client or liason approved" Stock photos/images and/or software used within the project will be purchased as a separate expense by the client or liason. NOTE: This cost is not from PIGO Multimedia, Inc. unless otherwise mentioned.

3) - The optional services of monthly hosting and maintenance costs are to begin once the website domain name and/or host account is purchased and activated onto the Internet.

4) - Software tests or website demos ( ie - R & D ) are usually performed for fitness before purchasing a license. So software licenses are Non-Refundable.

5) - Concerning sites built on the WordPress framework, there are times when a WP plugin will not be compatible with the performance of another function / plugin. At times like this the client or liason would need to make a decision as to which one will be more advantageous to keep. At PIGO Multimedia's discretion a refund would only be made toward the programming cost of a plugin's function that could not be implemented or replaced.

6) - The client or liason is solely responsible for all 3rd party (external) services not directly supplied or operated by PIGO Multimedia, Inc. (Example: VPS, externally embedded widgets, payment gateways, domain name registrars, SMS, email services, etc.). This also includes the copyright permission of all word content, photo, image, audio, video, font, color scheme, design, and/or intellectual property submissions by the client or liason.

6.b) - The client or liason is solely responsible for checking over the validity, accuracy, application, grammar and spelling of any and all word content, photo, image, audio, video, font, color scheme, design, and/or intellectual property that is supplied by PIGO Multimedia, Inc. Submission or acceptance of ANY content by the client or liason is confirmation that the client or liason has approved all the elemental content(s) on the website, or any work / service(s) rendered.

6.c) - Additionally, we will always try to follow the client's or liason's understanding of the theme or genre of what the client or liason is wanting to present during the work and production of their project.

The client or liason has the exclusive advantage of knowing the vision and theme of their project inside-and-out, more so than the project manager or our emplyee(s). So in turn, our reasonable expectation of the client or liason is that they bear, and excercise, personal responsibility and the initiative to thoroughly inform the project manager or our employee(s) of any . . .

* specific request, ( either existing or new

* or special circumstances or accommodations that we need to be made privy to,

* or information, graphics, changes & deviations in any usual services, themes or expectations,

* or any issues that they ( the client or liason ) personally want to avoid, or make known,

* or to mention any change(s) or expectations as it pertains to any reasonably, NOT-SO-OBVIOUS requests or desires concerning their project or service(s); so that the project manager or our employee is well-informed and prepared either BEFORE or at the very beginning of the work being rendered during production.

In summary, the client or liason is personally & fully responsible for taking the initiative to clearly communicate with the project manager or our employee(s), without assumption, of their specific expectations either BEFORE or at the very beginning of the work being rendered during production. This helps us to seamlessly assist the client or liason with their vision for their project or service(s). This also protects the project manager or our employee from any last-minute changes, or any "change-of-mind" by the client or liason either after or right in the middle of the work being performed.


7) - It is assumed that all training on software is being done with a candidate that is intuitive and is reasonably savvy with online and digital tasks. Typically only two-hours worth of intermediate training will be offered remotely by phone. If training is in-person, then it is at PIGO Multimedia's discretion whether to charge by the hour, plus a surcharge for travel.

8) - It is to be clearly understood that there are times when a website's domain name, IP Address or “Zone Records” MIGHT be pointed to a different host's server and will likely have a period of downtime during the global propagation process. Usually 12 - 48 Hours. The client or liason is responsible for knowing the best time they can afford this "down time" of the website and it's email service while it propagates. PIGO Multimedia, Inc. is not responsible for any "down time" during this normal, required process.

9) – We charge "Ancillary Fees". "Ancillary Fees" are also known as "Cost-Recovery Fees" . These fees are meant to recover the expense(s) incurred by PIGO Multimedia, Inc. in the procurement of licenses, special goods, services, operations costs, service charges, or digital material that are being used on behalf of the client's or liason's project, and are purchased from 3rd party vendors. These fees can range between 3% to 7% of the procured cost(s).These fees are NOT refundable since these fees are UN-recoverable from our 3rd-party vendors. This " Tax " charge seen on an invoice is NOT a "Sales Tax" . NOTE: Any client or liason that has a " Tax Exempt " status is NOT affected by this, since this is NOT a "Sales Tax" . The " Tax " that you see on the invoice is representative of the "Ancillary Fees" which are also known as "Cost-Recovery Fees" .

PIGO Multimedia, Inc. does not make any intended profit on these ancillary fees.

10) – As a courtesy to our clients or liasons PIGO Multimedia offers assistance concerning the purchase, registration and renewal reminders for the client's or liason's domain name(s) or other recurring services. This courtesy is offered to help relieve the client or liason of some of the concerns that come with maintaining their domain name(s) or other
services; such as with renewal / expiration reminders, minimizing exposure to potential renewal/expiration scams perpetuated by outside sources, updates to account profiles, DNS changes, ICANN inquiries, etc.

This courtesy does NOT replace or absolve the client or liason from their own due diligence to maintain or pay for their domain name(s) or any other recurring services.

11) – As technology evolves, so may costs for certain services, software, licenses, recurring and onetime costs, etc. This is usually due to cost changes with vendors or providers we might use outside of our control. Or another scenario would be if a service or product is no longer available, obsolete, and needs to be upgraded or replaced. This can occur during, before or after a project is completed. In the event that this happens PIGO Multimedia, Inc. will immediately attempt to contact the client or liason once we are informed of such service, functional, obsolescence, compatibility, cost, and/or billing changes. At that time the client or liason will have the discretion to either accept these changes or not. If not accepted, PIGO Multimedia, Inc. will not be held liable or responsible for any consequences that may result to the project's progress or the finished product.

12) – As with everything that is connected to the Internet, online-security is an important issue. For this reason we find it mandatory to have all of our website products outfitted with programs and software that will protect your site from almost 90% of SQL-Injection, Brute-force, Botnet, IDS and XSS Hacker attacks caused by direct access to PHP files. Again, this initial functionality is MANDATORY.

It is imperative that the client or liason understands that online-security is an organic and ever-evolving process. So what might have been an iron-clad shield from online attacks today may not be tomorrow, or 2 years from now. PIGO Multimedia, Inc. will always take the initiative to pro-actively protect its clients' or liason's website(s) and digital property “behind the scenes”.

As the need may arise, we will attempt to contact the client or liason to notify them of necessary upgrades or programming needed for the current security of their website.

This may involve the client or liason having to purchase additional upgraded software or services. At that time the client or liason will have the discretion to either accept or to decline our offer to upgrade their online security. If not accepted, PIGO Multimedia, Inc. will not be held liable or responsible for any consequences that may result to the project or the finished product.

13) - Requested addendum services, add-ons or upgrades made to an existing website may require a deposit before work is rendered. Upon completion ALL monies / outstanding balance are due no later than 11 “regular days”. In the event that payment is not received, PIGO Multimedia, Inc. reserves the right to re-capture, re-possess, destroy any work done without refund – AND - assess a 25% - 50% penalty toward the remaining balance due. PIGO Multimedia, Inc. reserves the right to require the client or liason to “pay again” the full amount to repeat such services in the future.

14) - At our discretion, PIGO Multimedia, Inc. may charge between $0 - $450 for a logo to be created, designed, or significantly enhanced. The logo will be formatted and used only for the client's or liason's official company website. In the event that the logo creation is distributed for either print, signage material(s), for profit or for digital mass production/delivery, PIGO Multimedia, Inc. will reserve the right to impose between $250 - $10000 for a copyright release of the logo without legal intervention by the client or liason. The client or liason also agrees to not circumvent this agreement by duplicating a derivative of the logo with one that is very similar in design, style, color, font, and / or aesthetics to the one we created / submitted. The client or liason has the right to use their own logo to replace the one PIGO Multimedia, Inc. created / submitted, as long as their replacement logo does not copyright infringe on the design, style, color, font, and /or aesthetics of the one PIGO Multimedia, Inc. created / submitted.

15) - At our discretion, PIGO Multimedia, Inc. reserves the right to impose a $1000 cost to remove it's company credentials ( typically located within the footer ) from each website it creates, has re-built or has significantly enhanced. The client or liason company, owner, 3rd party affiliate or an employee must make successful contact with PIGO Multimedia, Inc via an advanced request in writing or by phone to have such credentials removed. And must have a written approval from PIGO Multimedia, Inc. before any of PIGO Multimedia, Inc's credentials can be removed. PIGO Multimedia, Inc. reserves the right to deny such request. Any removal of our company credential from a client's or liason's website without official authorization will be subject to legal intervention for copyright infringement.


16) - PIGO Multimedia, Inc. will NOT affiliate itself with anything it deems to be questionable or offensive via content that has been added by a 3rd party or by the client or liason themselves. PIGO Multimedia, Inc. respectfully holds the client or liason ( or any new Project Intermediary / Liason / Owner ) responsible to successfully contact PIGO Multimedia, Inc. BEFORE they post, display or write content onto the website that is either controversial or offensive ( IE – pornography, nudity, firearms, drugs, coarse language, etc. ). A “successful” contact means that we have officially replied to your message. Upon discovery, PIGO Multimedia, Inc. reserves the right to respectfully and unequivocally demand, the complete removal of all our company credentials ( ie - references and links ) from each website it creates, has re-built or has significantly enhanced. The client or liason may ask PIGO Multimedia, Inc. to assist in the removal of our company link / references, but will need to provide us a temporary login information to the website. Alternatively, this will be done by the client or liason or their 3rd party associate within a 120 hour period ( ie - 5 regular days ), after notification, without exception, prior to any legal intervention.

17) – We always aspire to resolve any issues in an amicable fashion and have been very successful. Before performing work on any project, it is agreed that any legal resolutions between PIGO Multimedia, Inc. and the client or liason will be adjudicated in the “State of Georgia of the United States of America” in Gwinnett County.

18) - PIGO Multimedia, Inc. takes personal care, and the initiative to meet a client's or liason's deadline as long as the client or liason is supplying all required content in a timely manner, is on-time with their due payments, there are no unexpected changes by the client or liason, and when there are no un-expected technical or circumstantial difficulties involved.

19) - Typically a website's physical storage size will be no more than 400 MB to 700 MB in size. For this reason each client or liason is allocated 1 GB of host space per account. The client or liason may purchase more storage space if necessary.

20) - Email accounts will be hosted on a recommended, separate email server, and will be billed as a separate service for the client or liason. We recommend " Basic " and  " Encrypted HIPAA Compliant " email services. The client or liason is solely responsible for informing PIGO Multimedia, Inc. which type of email service they will need. They will also be responsible for requesting " email backup " and/or " Advanced Email Security " as an option. Any person or business that handles and/or stores ePHI (electronic protected health information) are business associates under HIPAA is responsible for protecting all health data. This means they must adhere to following all the guidelines established in the Health Insurance Portability and Accountability Act of 1996 . The customer or liason is solely responsible for informing PIGO Multimedia, Inc. if their email data will require an email account to be on a HIPAA Compliant or encrypted email server. ( See sections 2.6 - 2.6.1 of our TOS )

21) - Browser compatibility: Our websites are created to be compatible with the latest browser technology such as IE9 (and above), Chrome, Firefox and Opera. It is important to note that Windows Internet Explorer 6 - 8 ( IE6, IE7 and IE8 ) do NOT support many of the W3C web standards of today's websites. IE8 was created in 2009. In short, IE8 browsers (and lower) are no longer compatible or suited for the best viewing experience. This condition and support is outside the realm of PIGO Multimedia, Inc. Best suggested browsers are IE9 (and above), MS Edge, Chrome, Firefox, Safari and Opera.

22) - Every website is thoroughly tested for fitness upon delivery. PIGO Multimedia, Inc. is not responsible for any client, liason or 3rd party modifications to the programming or software that would render the website inoperable. Upon request, PIGO Multimedia, Inc. will discern whether to attempt to rectify 3rd party alterations. Costs may incur. If an invoice is not paid within five (5) regular days for fixing or correcting the issue(s), those rendered fixes will be removed from the website or project, AND the outstanding invoice amount will STILL be due.





PIGO Multimedia, Inc. prides itself on being able to deliver stellar, higher-quality web-based products in a timely fashion and at a cost that is well below its competitors.



This creates a win-win situation for all parties involved.


During the Q & A phase before a project is initiated, we always inquire the client or liason for information and give helpful suggestions concerning their visual preferences for the website or print graphics. If twice, for some reason, an initial print graphic or website design does not meet the visual satisfaction of the client or liason, we will ask and require that the client or liason look on the internet for some websites/graphic designs that fit VERY CLOSE to what they visually, aesthetically and functionally desire.

Again, our goal is to deliver a cost-effective product that you are satisfied with, while securing our own interest when it comes to the time involved and in accordance with the rendered budget. Requested tweaks and changes that are not due to negligence or error on the part of PIGO Multimedia, Inc. will be required to be “within reason” and also necessary in accordance with the functionality, the rendered budget and the allotted time for the project. “Excessive” tweaks and changes could accrue a higher cost.


We look forward to win-win relationships with our new & repeat customers.

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