Bill Wolf Media LLC Terms and Conditions

1. Introduction

Welcome to billwolfmedia.com! The following spells out what you can expect from us and what we expect from you. By using completing a purchase, you are consenting and agreeing to everything in this document.

Bill Wolf Media LLC will be referred to as “Bill Wolf Media”. You and your organization will be referred to as “Client”.

Client and Bill Wolf Media agree that Client making a payment to Bill Wolf Media is the legal equivalent of Client’s signature on a written contract, and equally binding. Only by accepting these terms will Client be able to access or receive the services and systems available from Bill Wolf Media.

By contracting Bill Wolf Media’s services for an organization, Client confirms that they are an authorized representative for that organization.

Last Updated: January 7th, 2024

2. Services

The services rendered are determined based on the Client’s choice of services.

Client may change or discontinue their subscription plan no less than 30 calendar days prior to the start of the next monthly billing cycle. Bill Wolf Media reserves the right to modify, suspend, or terminate service at any time for any reason without notice or refund. Bill Wolf Media also reserves the right to delete all program and data files associated with Client’s account and/or other information Client has on Bill Wolf Media’s systems.

Client agrees that Bill Wolf Media will not provide any administrative access to any service or system whatsoever for any reason unless expressly agreed to in writing by and at the sole discretion of Bill Wolf Media.

Additional services may be offered à la carte at the sole discretion of Bill Wolf Media. Available services and subscription plans can be added, removed, or altered by Bill Wolf Media at any time.

2.1 Restrictions, Limitations, and Overages

Final logo and website designs may not be exact matches of design mockups.

Service overages of any kind including, but not limited to, email usage, web hosting, and additional professional services may be billed to Client at the discretion of Bill Wolf Media.

Bill Wolf Media will make all design and Content decisions at their sole discretion, but with consideration for Client’s feedback.

Bill Wolf Media reserves the right to decline requests of any kind.

Bill Wolf Media is not responsible for user training, device or software configuration, or any other task that is not specified in any written agreement or correspondence.

3. Authorized Points of Contact

Client will set one (1) Point of Contact (POC) for their organization. New service payments will automatically designate the billing contact as POC for Client.

Bill Wolf Media reserves the right to only discuss Client’s services, website, subscriptions, and any other matter specific to Client with the POC for the organization. Client can make requests for a change of POC to another individual via email to [email protected].

4. Fees and Payment

Client will pay setup and/or monthly fees depending on the packages that Bill Wolf Media has available. Additional fees will be charged in accordance with any agreement between Client and Bill Wolf Media. Client can cancel their subscription at any time, but will remain liable for all charges accrued up to that time, including full monthly charges during a month in which service is discontinued.

Bill Wolf Media reserves the right to change fees on existing subscriptions with advanced written notice of fourteen (14) calendar days.

5. Rules

Client agrees to be bound by certain rules that are important for the proper use of Bill Wolf Media’s service and systems. Client’s failure to follow these rules, whether listed below in the contract or in email bulletins, may result in termination of service.

Do not use the service to commit a crime, or to plan, encourage or help others commit a crime, including crimes relating to computers.
Do not use the service to send unwanted messages via email or SMS.
Do not intentionally overload Bill Wolf Media’s systems.

6. Warranties and Representations

Client acknowledges and agree that Bill Wolf Media has no control of changing external economic and social factors that can affect Client’s business, and that any of the services and products that Bill Wolf Media provides cannot and will not guarantee that sales, revenue, income, or business activity will increase. Client further acknowledges and agrees that Bill Wolf Media has made no representations or guarantees that any services provided by Bill Wolf Media will improve ranking or placement on any website or search engine or any other specific outcome.

7. Start and Completion of Services

Client acknowledges that the start and completion of the services are dependent upon Client providing any requested materials including, but not limited to, text, images, videos, and any special input and instructions regarding said content, (collectively, “Content”), including timely approvals from Client. Client agrees to provide Bill Wolf Media with all Content needed to complete the services within ten (10) days of any request from Bill Wolf Media. Any delay by Client will affect the completion of the services. In the event that Client does not provide Bill Wolf Media with the requested Content in a timely manner, Client agrees that Bill Wolf Media may use filler Content of Bill Wolf Media’s choosing to complete the services. In the event of any such delay by Client, Client agrees to be responsible for Bill Wolf Media’s fees and any additional costs incurred for any additional work requested to be done by Bill Wolf Media. All additional work necessitated by Client’s delay will be billed at the rate of $125 per hour. Client acknowledges that Bill Wolf Media is not responsible and agrees to hold Bill Wolf Media harmless for any delays or damages resulting from Client’s failure to make such submissions in a timely manner.

8. Meetings and Approvals

Client agrees to attend virtual meetings and conference calls with Bill Wolf Media as required by Bill Wolf Media. Milestone approvals and sign-offs must be responded to within dates specified by Bill Wolf Media. A non-response by Client to a requested approval or sign-off shall constitute that milestone or sign-off as approved by Client.

9. Changes/Additions to Agreed Upon Services

In the event that Client wishes to make changes to any work by Bill Wolf Media that has already been approved and accepted by Client including, but not limited to, design, graphics, text, layout of a site, Content, or campaign strategy, or, if in the opinion of Bill Wolf Media, any item of work requested by Client that is not within the scope of this agreement, Client agrees to pay Bill Wolf Media at the hourly rate of $125 per hour in addition to any associated costs incurred by Bill Wolf Media.

10. Electronic Commerce and Advertising

Client understands and acknowledges that from time to time, that State, Federal, and local laws and regulations may change, to include taxes, assessments, tariffs, levies, and privacy requirements which pertain to electronic commerce or advertising. Client agrees to be solely responsible for compliance with any and all laws and regulations and is responsible for all taxes, assessments, tariffs, levies, and fines. Client will arrange for a service provider to perform additional services as needed to satisfy this provision.

11. Privacy Considerations

Client’s communications on Bill Wolf Media’s systems are, in most cases, viewed only by Client and anyone to whom messages are addressed. However, as system operators, Bill Wolf Media may need to review or monitor Client’s electronic mail and other communications to resolve technical incidents or to test functionality. Client agrees to allow Bill Wolf Media and their suppliers to access data on Bill Wolf Media’s systems for these purposes.

12. Proprietary Rights

Should Bill Wolf Media, upon Client’s written request, verbal instruction, or delivery of materials, utilize Client’s materials which may include, but are not limited to, photographs, text, software, code, copyrighted material and/or materials that may be owned by third parties, Client acknowledges and agrees that neither Bill Wolf Media nor its employees, agents, suppliers, or anyone acting on its behalf have made any representation to Client regarding their entitlement to use Client’s materials. Client acknowledges and agrees that they have relied on their own investigation to establish whether they are entitled to use Client’s materials.

Client’s use of Bill Wolf Media’s services affords Client access to many features, but some aspects of Bill Wolf Media’s systems and results from services remain within Bill Wolf Media’s exclusive proprietary control. Either Bill Wolf Media or Bill Wolf Media’s suppliers own the intellectual property rights to any and all components of Bill Wolf Media’s systems, including but not limited to the computer software, the related documentation, the end-user interfaces, websites, databases, the names of Bill Wolf Media’s systems, many of the individual features, and the collective works consisting of sequences of all public messages on Bill Wolf Media’s systems and sites. Client grants Bill Wolf Media and its suppliers worldwide, nonexclusive, perpetual, irrevocable, royalty-free, unlimited, sublicensable (through multiple tiers of sublicensees) license to use, reproduce, prepare derivative works of, display and distribute Client’s Content at the discretion of Bill Wolf Media.

Client may not reproduce any sequence of messages from Bill Wolf Media’s systems, either electronically or in print, without the express written consent of Bill Wolf Media. In addition; Client may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the system that Bill Wolf Media or its suppliers own.

13. Assignment of Project

Bill Wolf Media reserves the right to assign subcontractors to perform work. Work produced by subcontractors will be treated as confidential and shall remain the property of Bill Wolf Media.

14. Conditions Affecting Performance

Certain conditions beyond the control of Bill Wolf Media may affect the ability to perform obligations provided for under this Agreement. These conditions may include, but are not limited to, labor shortages, Internet outages, change in supported technologies, Acts of God or circumstances or causes beyond Bill Wolf Media’s control. Bill Wolf Media shall not be liable for and Client agrees to hold Bill Wolf Media harmless for any delays, cancellations, or terminations that result in damages of any kind to Client as the result of any such conditions or circumstances.

15. Cancellations

Client acknowledges that canceling their subscription with Bill Wolf Media may result in any and all services and systems provisioned by Bill Wolf Media being discontinued, including, but not limited to, web hosting, licenses, production of new Content, directory information management, and email service. All websites and other services contracted through Bill Wolf Media will go offline at the end of Client’s most recently paid monthly billing cycle.

Bill Wolf Media will provide a website backup including files and databases as well as instructions for transferring any domain names and internet accounts as soon as possible following cancellation.

Client will take full responsibility for contracting the services of a qualified professional to assist with obtaining a new web host, email provider, social media accounts, any required licenses, and transferring Client’s website and all data to a new provider in advance in the event that Bill Wolf Media will no longer be managing or hosting Client’s website or other assets.

Client agrees that they will be responsible for any fees charged to them by third parties after cancellation including any services previously provisioned by Bill Wolf Media.

16. No Hire of Employees/Contractors/Subcontractors

Client agrees to not solicit in an attempt to hire or contract directly with any employee employed by Bill Wolf Media nor any contractor or subcontractor who provides service for Bill Wolf Media for the same or similar services provided by Bill Wolf Media.

17. Limitation of Liability

Client must bear the risk of any liability relating to use of Bill Wolf Media’s services or systems. ACCORDINGLY, CLIENT’S USE OF THE SYSTEM AND SERVICES IS ENTIRELY AT CLIENT’S SOLE RISK. Bill Wolf Media WILL NOT BE RESPONSIBLE TO CLIENT OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES CLIENT MAY INCUR IN CONNECTION WITH Bill Wolf Media’s SYSTEMS OR SERVICES, CLIENT’S USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON Bill Wolf Media’s SYSTEMS OR SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF Bill Wolf Media HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

18. Indemnity

Client shall defend and indemnify Bill Wolf Media and hold Bill Wolf Media harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees), relating to any acts by Client or materials or information transmitted by Client in connection with Bill Wolf Media’s systems, leading wholly or partially to claims against Bill Wolf Media, Bill Wolf Media’s systems, or Bill Wolf Media’s providers by third parties, regardless of the type of claim or the nature of the cause of action.

19. Disclaimers of Warranty

Bill Wolf Media’s SYSTEMS AND SERVICES ARE PROVIDED “AS IS” AND Bill Wolf Media MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN.

20. Choice of Law

Client agrees that this Agreement shall for all purposes be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, USA, and that any action arising out of this Agreement shall be litigated and enforced under the laws of the Commonwealth of Pennsylvania, USA. In addition, Client agrees to submit to the jurisdiction of the courts of Allegheny County in the Commonwealth of Pennsylvania, USA, and that any legal action pursued by Client shall be within the exclusive jurisdiction of the courts of Allegheny County in the Commonwealth of Pennsylvania, USA.

21. Acknowledgement

This Agreement represents the entire understanding between Client and Bill Wolf Media regarding a relationship to Bill Wolf Media and supersedes any prior statements or representations. CLIENT MAY ONLY CONTRACT OR SUBSCRIBE TO Bill Wolf Media’s SERVICES IF THEY AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.