The deal, in plain English.

Who you are dealing with. FOG Digital Solutions LLC ("FOG", "we", "us") is a limited liability company organized in the State of Utah. These Terms of Service govern the websites, software and services we provide to you ("you", "the client"). By hiring us, approving a proposal, paying an invoice, or using anything we host or operate for you, you agree to these terms.

Jump to refunds and cancellation · payment · timelines · revisions · hosting and renewal · what you are responsible for · who owns what · if we disagree.

What we do

We provide website design and build, search engine optimization, managed hosting, and CRM and communications tooling — including the calling, messaging and lead-handling features we run on FOG Voice infrastructure. Not every client buys every service. What you have actually bought is whatever is written on your proposal or invoice.

How we agree on work

The proposal or invoice we send you describes the work, and it is the specific agreement between us. These terms sit underneath it. If the two ever disagree, the proposal or invoice wins for that project.

Work outside what is described there — new pages, new features, a second design direction, a rebuild after you change direction — is new work. We will tell you before we start it, and it is quoted and approved separately. We do not bill you for something you did not agree to.

Payment

Invoices are payable on receipt. Unless your invoice says otherwise in writing, payment is due when you get it, not thirty days later.

We accept payment by card and by the other methods offered at checkout. Payments are processed by our payment provider; we never see or store your full card number.

We may pause work, and may suspend hosting or a running service, while an invoice is overdue. We will tell you before we do. Overdue amounts may accrue interest at the maximum rate the law allows, and you are responsible for reasonable costs of collection.

Please talk to us before you dispute a charge. Nearly every disputed charge we have seen was a misunderstanding that a phone call would have fixed in five minutes. Email support@fog.tools or call 385-9000-FOG first. If you file a chargeback without contacting us, we may suspend services while it is resolved.

Refunds and cancellation

We would rather fix something than keep money you are unhappy about. This is the actual policy, and we apply it consistently.

Before we start. Cancel before design or development work begins and you get a full refund of our fees, no questions asked — less only any third-party costs already bought on your behalf, which are covered below.

After we start, before the first draft. Cancel and we refund what you paid, less the deliverables already completed against your proposal. We will show you the list and what each one was, so the deduction is something you can check rather than a number you have to take on trust.

After we deliver the first draft. Design and build fees are earned at this point and are not refundable — because the remedy we offer instead is better. Our guarantee is "Unlimited revisions, until you love it", and we mean it. If the work is not right, we keep working on it. Tell us what is wrong and we fix it.

Hosting, care plans and other recurring services. Cancel any time. Cancellation takes effect at the end of the period you have already paid for, and we do not pro-rate a partial month or a partial year. You keep the service until that period ends.

Third-party costs. Domain registrations, paid plugins, licensed fonts, stock assets and ad spend are bought on your behalf and are not refundable once purchased, because we cannot get them back either.

How to ask. Email support@fog.tools. Approved refunds go back to the original payment method, normally within ten business days.

Timelines, and your part in them

Our published delivery guarantee is "7–14 day delivery, from the time of purchase", and that is what we hold ourselves to.

That clock assumes we have what we need from you. Any period where we are waiting on your content, your assets, your access credentials or your approval extends the timeline by the same amount. This is not a loophole — it is the one thing that genuinely determines whether a build lands on time.

Revisions and approval

You get "Unlimited revisions, until you love it" on the work described in your proposal. Revisions refine what was agreed; they do not silently become a different project. If a request changes the scope, we will say so and quote it rather than quietly absorbing it or quietly dropping it.

Going live does not end your revisions. The guarantee runs on the scope in your proposal until you are happy with it, whether the site is already serving visitors or not — launching to hit a date does not cost you the thing you were promised. What falls outside that scope is new work, or a change under your care plan, and we tell you which before we start it rather than after.

Hosting, renewal and what happens if you leave

Managed hosting and care plans run for the term on your invoice — monthly or annual — and renew automatically for the same term unless you cancel before the renewal date. Your term and renewal date are stated on your invoice, and you can cancel at any time by emailing support@fog.tools — you do not have to wait for a renewal notice to do it.

If you cancel, or if your account stays unpaid after we have given you notice, hosting stops at the end of your paid term. Before it does, we will give you a copy of your site files and database on request, and we will cooperate reasonably in moving your site and domain to you or to another provider. We do not hold a site hostage over a billing dispute.

We keep backups for a rolling window as part of the service, not indefinitely. After your account closes we may delete your data after thirty days, so please take your export.

What you are responsible for

Content and assets. You provide the text, images, logos and other material you want used, and you provide them on time. Delays here are the most common reason a project slips.

Rights. You confirm that you own everything you give us, or are properly licensed to use it, and that we may use it to do the work. If someone claims otherwise, you are responsible for that claim — see indemnity below.

Approvals. You respond to review requests within a reasonable time. If a project goes quiet on your side for more than sixty days, we may close it out and invoice for the work completed.

Accuracy. Claims, prices, credentials, license numbers and testimonials you ask us to publish are yours. We publish what you give us; we do not verify it.

Who owns what

When your invoice for a project is paid in full, you own the final deliverables we made specifically for you — the design, the page templates, the copy we wrote for you, and your content.

We keep ownership of what we brought with us: our frameworks, component libraries, internal tooling, the CRM and communications platform, and anything we developed before or independently of your project. Where those are part of what we delivered, you get a perpetual, non-exclusive license to use them as part of your site or service, for as long as you comply with these terms.

Third-party components — fonts, plugins, stock imagery, open-source libraries — stay under their own licenses.

Unless you ask us in writing not to, we may show the work publicly in our portfolio and case studies.

Search engine optimization

We apply current, legitimate SEO practice. We do not guarantee rankings, traffic, leads or revenue, and you should treat anyone who does with suspicion. Search engines are third parties, they change their systems without notice, and your competitors are working too. What we guarantee is the work, not the algorithm's response to it.

Calls, texts and email

If you use our communications tooling to contact your own leads and customers, the messages are yours and so is the legal responsibility for them. You are responsible for having the consent the law requires, for honoring opt-outs and do-not-call requests, and for complying with the rules that apply to calling, texting and emailing in your area — including the TCPA, CAN-SPAM, state telemarketing law, and carrier registration requirements.

We build the guardrails in and we will help you configure them, but we cannot consent on your customers' behalf. We may suspend messaging on an account that generates complaints, carrier blocks, or apparent unlawful use.

Third-party services

Your site and services depend on providers we do not control — domain registrars, hosting and network infrastructure, payment processing, email delivery, analytics and telephony. Their own terms apply to their part, and their outages are not something we can prevent. We choose them carefully and we will work the problem with you when one of them fails.

Acceptable use

You may not use anything we build or host to break the law, to infringe someone's rights, to send unlawful messages, to publish malware, or to attack or interfere with our systems or anyone else's. We may suspend or terminate service for a serious or repeated breach of this section, and for clear illegality we may do so without prior notice.

Availability and maintenance

We work to keep hosted services available and secure, and we apply updates and patches as part of managed hosting. We do not promise uninterrupted or error-free service. Planned maintenance is scheduled outside business hours where we can, and we will give notice where a service will be interrupted.

Confidentiality

Each of us will protect the other's non-public business information and use it only to do the work. This does not cover information that is already public, that we already had, or that we are legally required to disclose.

Warranties and disclaimers

We warrant that we will perform our services with reasonable skill and care, in a professional manner. That is our promise, and we stand behind it.

Beyond that promise and the guarantees stated above, and to the fullest extent the law allows, our services and deliverables are provided "as is" and we disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of liability

To the fullest extent permitted by law, neither party is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost data or lost business opportunity, even if warned that they were possible.

To the fullest extent permitted by law, our total liability for any claim arising out of or relating to these terms or our services is limited to the amount you paid us for the service that the claim relates to, in the twelve months before the claim arose.

Nothing in these terms excludes liability that cannot lawfully be excluded, including for fraud or wilful misconduct.

Indemnification

You will defend and indemnify FOG against claims, damages and reasonable costs arising from the content and materials you supplied, from your use of our services in breach of these terms or the law, and from messages you sent to your own contacts using our tooling.

Term and termination

These terms apply for as long as we are working together or you are using a service we provide. Either of us may terminate an ongoing service as described under hosting and cancellation above, and either of us may terminate for a material breach that is not cured within fifteen days of written notice.

On termination you pay for work performed and for any period already committed; we deliver what you have paid for; and the sections that are meant to survive — ownership, confidentiality, disclaimers, liability, indemnity and disputes — survive.

If we disagree

Talk to us first. Before starting any formal proceeding, the party with the complaint will describe it in writing to the other, and both of us will try in good faith to resolve it for thirty days. Most things end here.

Governing law. These terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws rules.

Arbitration. If informal resolution fails, any dispute arising out of or relating to these terms or our services will be resolved by binding arbitration administered in the State of Utah under the Commercial Arbitration Rules of the American Arbitration Association, before a single arbitrator, and judgment on the award may be entered in any court with jurisdiction. Either of us may instead bring an individual claim in small claims court if it qualifies, and either of us may seek injunctive relief in court to protect intellectual property or confidential information.

Individual claims only. Disputes are brought individually. Neither of us will bring a class, collective or representative action against the other.

General

Changes. We may update these terms as the business changes. The current version always lives at this address, with the date below. Material changes apply to work agreed after we post them; they do not rewrite a project already underway.

Assignment. Neither of us may assign this agreement without the other's consent, except in connection with a merger or a sale of substantially all of the business.

Force majeure. Neither of us is liable for delay caused by something genuinely outside our reasonable control.

Severability and entire agreement. If a provision is unenforceable, the rest stands. Together with your proposal or invoice and our privacy policy, these terms are the entire agreement between us and replace earlier discussions.

Notices. Written notice to us goes to support@fog.tools. Notice to you goes to the email address on your account.

No waiver. If we do not enforce something straight away, we have not given up the right to enforce it later.

Questions

Ask before you sign, not after. Email support@fog.tools or call 385-9000-FOG and a person will walk you through any of this.

FOG · Last updated August 2026

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