Customer Agreement
This Customer Agreement (“Agreement“) is between P&L Marketing Solutions LLC, a California limited liability company (“PLMKS,” “we,” “us,” or “our”), and the individual or business identified at signup (“Client,” “you,” or “your”). By electronically signing this Agreement during signup, you agree to its terms.
1. Services
PLMKS will provide the services associated with the plan you select at signup:
1.1 Lights On Plan ($49/month)
- Managed WordPress hosting on PLMKS’s managed server
- SSL certificate
- Daily backups
- WordPress core, theme, and plugin updates
- Security and uptime monitoring
- Monthly site health report email
- Up to two (2) support email exchanges per calendar quarter, in English or Spanish
1.2 Maintained Plan ($99/month)
Everything in Lights On, plus each calendar month:
- Up to thirty (30) minutes of content edits (text changes, image swaps, business-hour updates, plugin troubleshooting)
- Email support response within one (1) business day, in English or Spanish
1.3 Care Plan ($249/month)
Everything in Maintained, plus each calendar month:
- Up to two (2) hours of content edits and small site changes
- One (1) design asset per month — one piece of marketing creative produced by PLMKS, approximately one to two (1–2) hours of design time. Examples include a social media graphic set (3–5 posts), an email header, a small flyer, a landing-page hero refresh, an ad creative, or an icon set. Larger work (brand redesigns, full site overhauls, video, photography) is not included and is quoted à la carte.
- Priority four (4) hour email response time during business hours
- One (1) quarterly thirty-minute strategy call with Pablo Duobert
1.4 Custom Project
Multi-site portfolios, e-commerce setups, compliance-driven builds, larger design projects, or anything else outside the standard plans. Quoted on a per-project basis following a discovery call.
1.5 Service limits and allotment carryover
Unused monthly, quarterly, or annual allotments (e.g., edit minutes, design assets, support email exchanges, strategy calls) do not carry over to subsequent periods. Work exceeding monthly allotments may be quoted as à la carte work, or upgrades may be discussed.
1.6 Initial build timeline
Care and Custom plans may include design and build of a new WordPress website. Following signup for those plans, PLMKS will begin design work within two (2) business days and target site launch within two to four (2–4) weeks, contingent on timely delivery of content, photos, brand assets, and feedback from Client. Lights On and Maintained plans do not include a new site build — these plans cover ongoing maintenance of an existing site or one migrated from another host as part of setup.
2. Fees and billing
2.1 Setup fee
A one-time setup fee is charged at signup, on the same day as your first monthly fee. The setup fee covers initial onboarding work and varies by plan:
- Lights On: $99.00 — site migration to PLMKS hosting, monitoring and backup configuration, initial security pass
- Maintained: $199.00 — Lights On setup plus light cleanup, performance baseline, and a written audit report
- Care: $499.00 — full audit, security hardening, design baseline, and a kickoff onboarding session; includes initial site build where applicable
- Custom: quoted as part of the project scope
2.2 Recurring monthly fee
- Lights On: $49.00 per month
- Maintained: $99.00 per month
- Care: $249.00 per month
- Custom: per quote
The first monthly fee is charged at signup. Subsequent monthly fees are charged on the same day of each month as the signup date (“anniversary billing”).
2.3 Payment method
All fees are charged via Stripe to the payment method on file. By signing, you authorize PLMKS to charge that payment method on the recurring schedule above for the duration of this Agreement.
2.4 Failed payments
If a recurring charge fails, Stripe will automatically retry the charge per its smart-retry schedule (typically several attempts over up to two weeks). If still failing after the retry window, your site will display a billing notice. If still failing after fourteen (14) days from the first failure, service will be suspended and a $49.00 reactivation fee will apply once payment is restored.
2.5 Taxes
All fees are exclusive of any applicable taxes, which are Client’s responsibility where required by law.
2.6 Currency
All fees are in U.S. Dollars.
3. Term, renewal, and cancellation
3.1 Initial term
This Agreement has a minimum initial term of twelve (12) months from the signup date.
3.2 Renewal
After the initial twelve-month term, this Agreement continues on a month-to-month basis until cancelled.
3.3 Cancellation after initial term
After the initial twelve-month term, you may cancel by giving thirty (30) days written notice via email to the address in Section 11. Service continues during the notice period and the next regular monthly charge will be your final charge.
3.4 Early cancellation (within initial term)
Cancellation before the end of the initial twelve-month term requires payment of a flat early termination fee of $499.00, due at the time of cancellation, regardless of the plan tier or the number of months remaining.
3.5 Cancellation for non-payment
PLMKS may suspend or terminate service for non-payment per Section 2.4.
3.6 Cancellation by PLMKS for cause
PLMKS may terminate this Agreement with seven (7) days written notice if Client materially breaches this Agreement (including but not limited to: unlawful use of services, abusive behavior toward PLMKS personnel, fraudulent payment activity). No refund applies in such cases.
4. Refund policy
4.1 Setup fee
The setup fee is non-refundable once design work has begun. If you cancel within the first 30 days of signup and PLMKS has not begun design work, the setup fee will be refunded.
4.2 Monthly fees
Monthly fees are non-refundable. Cancellation under Section 3.3 ends future charges but does not refund any prior monthly payments.
4.3 No prorated refunds
There are no prorated refunds for partial months of service.
5. Site ownership and intellectual property
5.1 Final design
Upon full payment of all fees due, you own the final design files and content of your website.
5.2 Hosting and operation
During the term of this Agreement, your website is hosted by PLMKS on PLMKS’s managed infrastructure. You do not have administrative access to the hosting environment.
5.3 Site export at cancellation
Upon cancellation:
- Option A: For a one-time fee of $199.00, PLMKS will export your WordPress site files and database in a standard format you can take to another hosting provider.
- Option B: If you do not elect site export within thirty (30) days of cancellation, your site will be taken offline and PLMKS may delete it after a reasonable retention period.
5.4 Portfolio rights
PLMKS retains the right to display your completed website and design deliverables in PLMKS’s portfolio (on the PLMKS website, social media, and other marketing materials) unless you specifically request otherwise in writing.
5.5 PLMKS methods and processes
PLMKS retains all rights to its general design methodologies, processes, code patterns, and tools. Nothing in this Agreement transfers any rights to PLMKS’s underlying methods.
6. Client responsibilities
You agree to:
- Provide timely content, photos, brand assets, and feedback during the build phase
- Respond to PLMKS communications within a reasonable timeframe
- Use the website and services lawfully and not for any harmful, fraudulent, or illegal purpose
- Maintain accurate billing and contact information
- Not abuse the monthly allotments (e.g., submitting forty edit requests in one day to “use up” the hour)
- Treat PLMKS personnel respectfully
7. PLMKS responsibilities
PLMKS agrees to:
- Deliver the services described in Section 1 in a professional manner
- Respond to support requests within one (1) business day
- Maintain regular backups of your site
- Apply security and software updates promptly
- Provide reasonable notice of any planned maintenance affecting your site
- Communicate clearly in English or Spanish per your preference
8. Service availability and limitations
8.1 Uptime
PLMKS targets but does not guarantee any specific uptime percentage. Standard managed-hosting reliability applies. PLMKS is not liable for downtime caused by third parties (e.g., upstream hosting provider, DDoS attacks, payment processor outages).
8.2 Third-party services
The website may rely on third-party services (e.g., domain registrar, email provider, Stripe, fonts, embedded videos). PLMKS is not responsible for the availability or behavior of third-party services.
8.3 Out-of-scope work
Work outside the plan’s scope (e.g., e-commerce setup, custom plugin development, SEO consulting, paid advertising management) is not included and may be quoted separately as à la carte work.
9. Liability
To the maximum extent permitted by law:
9.1 Disclaimer of warranties
The services are provided “as is” and “as available,” without warranties of any kind, express or implied.
9.2 Limitation of liability
PLMKS’s total cumulative liability under this Agreement shall not exceed the total amount paid by Client to PLMKS in the three (3) months immediately preceding the event giving rise to the claim. PLMKS shall not be liable for indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profits, lost data, or business interruption.
9.3 Indemnification
Client agrees to indemnify and hold harmless PLMKS from claims arising out of Client’s content, Client’s unlawful use of services, or Client’s breach of this Agreement.
10. General terms
10.1 Governing law
This Agreement is governed by the laws of the State of California, without regard to conflict-of-law principles. Any dispute shall be resolved in the courts of Los Angeles County, California.
10.2 Assignment
You may not assign this Agreement without PLMKS’s written consent. PLMKS may assign this Agreement in connection with a sale of substantially all assets of the business.
10.3 Entire agreement
This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior discussions and agreements.
10.4 Modifications
PLMKS may modify this Agreement by providing thirty (30) days written notice. Continued use of services after the effective date constitutes acceptance. If you do not agree to the changes, you may cancel under Section 3.3.
10.5 Severability
If any provision of this Agreement is held unenforceable, the remaining provisions remain in full force.
10.6 Waiver
No waiver of any provision shall be deemed a waiver of any other provision or of the same provision on another occasion.
10.7 Force majeure
Neither party is liable for delays or failures caused by events beyond reasonable control (natural disasters, government actions, internet outages, pandemic-related disruption, etc.).
11. Notices
Written notices to PLMKS shall be sent to:
P&L Marketing Solutions LLC
Pablo Duobert
20809 W Oklahoma Ct, Chatsworth, CA 91311
Email: pablo@plmks.com
Written notices to Client shall be sent to the email address on file in Client’s account.
12. Electronic signature
By clicking “I Agree” and submitting your typed name during signup, you acknowledge that:
- You are at least eighteen (18) years old
- You have read this Agreement in full
- You have authority to enter into this Agreement on behalf of the business identified at signup (if applicable)
- Your electronic signature constitutes a legally binding signature equivalent to a handwritten signature under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the California Uniform Electronic Transactions Act
- PLMKS will retain a record of your signature, including the date, time, IP address, browser information, and exact text of the Agreement you accepted
You consent to receive notices and copies of this Agreement electronically (via email and within your member portal).