Terms and Conditions
The Wiser Agency -
The Wiser Agency, LLC d.b.a. FacebookAdsGuy, (hereafter "TWA") offers its web design and marketing services exclusively subject to these Terms and Conditions. Unless otherwise stated, the term "TWA" includes employees of TWA as well as agents, contractors, and third parties whose services or products are part of TWA's services and products. By using TWA's sites, services, products, or materials, you agree to be bound to these Terms and Conditions unless and only to the extent they may be modified in a writing signed by both You and TWA. Our website address is: https://twastaging.wpengine.com.
Clients -
All references to "You," or "Client" mean the purchasers of TWA services and products; anyone who has signed a Purchase Agreement or Payment Agreement with TWA, as well as any individual authorized by the Client to conduct business with TWA on the Client's behalf (an "Authorized User"). A Client may designate an Authorized User in writing or by instructing TWA to allow an individual to access that Client's account or otherwise make decisions regarding design, services, or billing. Unless expressly revoked in writing by the Client, an Authorized User has the authority to renew contracts, contract for new services, order changes, or otherwise access or control a Client's account with TWA. TWA is entitled to rely on the written or oral representations of an Authorized User in the performance of its contracted services.
TWA's Services and Products
These Terms and Conditions govern the process of creating and maintaining marketing materials, including but not limited to: Facebook and Google Advertising Campaigns, sales funnels or landing pages, websites, including the design, static and video imagery, written content, and other marketing materials and services. You have certain rights and obligations based on these Terms and Conditions, so please review them carefully. References to a "website" or "Your site" include any website designed for You by TWA, as well as all associated domains, content, social media content, blog posts, video, static imagery, analytics, third party services, advertising, and any other design, engineering, maintenance, or marketing services provided to You by TWA.
Timelines -
TWA will design, build, and launch Your website according to the design and implementation schedule set forth in Your Purchase Agreement. If no design and implementation schedule is set forth in Your Purchase Agreement, the following schedule will apply, with times listed from the day Your Purchase Agreement is effective (Your "Sale Date"):
- 10 Days After Sale Date - Initial Design Consult Completed
- 15 Days After Sale Date - Content Consultation Completed
- 20 Days After Sale Date - Design Approval Received from Client
- 25 Days After Sale Date - Content Completion
- 30 Days After Sale Date - Theme Completion
- 35 Days After Sale Date - Soft Launch of Product
- 45 Days After Sale Date - Product Goes Live
The timelines above may be altered based on the complexity of the project, delays for custom graphic or video production, Client alterations or delays, nonpayment, or circumstances not foreseeable by TWA or beyond TWA's control. Though TWA will make its best efforts to complete Your project on time, and work to make things right according to our Satisfaction Guarantee, TWA bears no liability for such delays, and has no obligation to provide any compensation in the event they happen.
Client Alterations and Delays -
If a Client elects to make alterations to existing content or design which has previously been approved, TWA reserves the right to charge any costs incurred for the alterations to the Client's account. If a Client causes a delay in production through action or inaction, TWA reserves the right to revise the timelines, move forward with production without Client consent, or take other action to ensure that TWA's obligations are met.
Content, Design, and Other Services
TWA offers a variety of products and services. TWA may add new products at any time, or may cease to offer certain products. TWA makes no guarantee that any particular product will be available beyond the term for which such a service has been contracted. Limitations on specific categories of products and services are set forth below.
Written Content and Placement -
Unless otherwise agreed in writing, TWA will create up to 5000 words of custom written content for Your website based on the information You provide to TWA. TWA will also include standardized content describing various services or procedures offered by You. This service does not include blog posts. If You do not purchase the Written Content and Placement service, You must provide Your own written content. TWA is not responsible for typographical or factual errors in any content You produce, nor in any content or information You may provide to TWA. All content submitted to TWA must be submitted in the formats requested by TWA and received by TWA in a timely manner. TWA is not responsible to ensure that content created or provided by You complies with all applicable laws, including copyright and libel laws. TWA reserves the right to reject any content which, in TWA's sole discretion, TWA deems to be offensive, abusive, inappropriate, libelous, false, or a breach of any reserved rights, including copyrighted or trademarked materials.
Social Media Graphics and Posts -
TWA will create graphics and posts for social media sites based on and consistent with the design of Your website. You may request changes or redesign work for Social Media Graphics and Posts one time at no additional cost. TWA reserves the right to charge for any additional redesign work beyond the initial design and a first redesign. TWA reserves the right to utilize templated or stock social media posts.
Stock Media -
TWA owns or licenses a large library of stock video and imagery. You agree that TWA may utilize stock videos and imagery in creating Your website and any related content, and that TWA may purchase additional video or imagery as necessary to complete Your website, but TWA is not obligated to do so. You agree that any additional video or imagery purchased at Your request or on Your behalf belongs to or is licensed to TWA, as applicable, even if purchased at Your expense. You agree that You will make no claim of ownership or copyright of any stock video or imagery regardless of the source.
Custom Media -
TWA will produce, or cause to be produced, additional video or static imagery exclusively for use on Your advertising and website unless otherwise agreed to in writing ("Custom Media"). Production of Custom Media requires a high degree of coordination between You and TWA's custom media team. If You purchase this service, You agree that You will make all reasonable efforts to ensure that Your personnel, facilities, equipment, and any patients (if applicable) are made available for filming and production according to the schedule set forth by TWA. You agree to secure all necessary releases from personnel, patients, and any owner or manager of the facilities in which filming is to occur in a form acceptable to TWA. You agree that TWA has no obligation to perform any production of Custom Media without the releases specified above and without the execution of a production agreement in a form acceptable to TWA. You agree to indemnify and hold TWA harmless for any claim arising from filming at Your facilities, and from any claim arising from filming or utilizing the voice or likeness of any individual not directly hired by TWA to appear in Your Custom Media. You agree that TWA holds all title and copyright to any Custom Media produced, and TWA is under no obligation to relinquish any media or rights upon termination of services or at any other time.
Customer-Submitted Content -
All content submitted to TWA must be submitted in the formats requested by TWA and received by TWA in a timely manner. TWA is not responsible to ensure that content created or provided by You complies with all applicable laws, including copyright and libel laws. TWA reserves the right to reject any content which, in TWA's sole discretion, TWA deems to be offensive, abusive, inappropriate, libelous, false, or a breach of any reserved rights, including copyrighted or trademarked materials. You agree to indemnify and hold TWA harmless for any claim arising from the publication or use on Your site of any written material, video, audio, or static imagery provided by You.
Hosting
Websites or pages hosted on TWA's servers are guaranteed to have less than 24 hours of downtime in any given year. Unless otherwise specified in writing, Client websites are hosted on TWA servers. TWA is under no obligation to provide website files, design, or content if a contract for the website is terminated, or the website is relocated to a different host. TWA makes no representations or guarantees that Your site will function properly if relocated to a different host, and TWA is not liable for any downtime, errors, security issues, or other failures or damages arising from Your decision to relocate a website to another host. TWA retains the right to assess reasonable fees for any transfer of a domain name to a host other than TWA.
Payment
TWA will bill You monthly for Your package in the amount listed on Your Sales or Payment Agreement. As most of the design and engineering work on Your campaign occurs before the package ever goes live, TWA requires an agreement be in place before beginning work. Unless otherwise specified in Your Sales or Payment Agreement, billing begins immediately.
Monthly Payments -
Payments are due each month on the day specified in Your Sales or Payment Agreement. If no day is specified, payments are due on the 1st day of each month and are late if not received by the 10th day after the payment is due. Late payments will bear interest at a rate of 1.5% per month until paid.
Checks and Returned Check Fees -
Payments made by check must be received by the due date. Checks should be made payable to "The Wiser Agency, LLC," and should be mailed directly to TWA at the address below. Returned checks are subject to a returned check charge of $20 or the maximum charge allowable by Wisconsin law, if that is greater.
Automated Payments -
TWA offers automated monthly payments by credit card, debit card, or electronic check (ACH). By providing credit card, debit card, or electronic check information, You authorize TWA to utilize that information for automated payments each month until Your account information changes or You notify TWA in writing to utilize a different payment method. Automated payments are debited from the account specified by You monthly on the date Your payment is due. You must notify TWA of any changes to the account from which Your payment is debited no less than 10 business days prior to the date Your payment is due. You agree to ensure TWA has current and valid account information, and that sufficient credit or funds are available to cover all automated payments. If an automated payment is returned or denied, You must submit payment in full within 10 business days to avoid Your campaign being suspended. If You agree to automated payments for any third-party services, TWA will also charge payment for those services to Your account monthly on Your payment date. Any automated payments to third parties for utilities or services for Your campaign are non-refundable. Automated payments for third party services can be cancelled or changed only with 30 days' notice.
Default -
If You fail to make any payment within 10 days of the payment date, Your account will be in default. TWA reserves the right to suspend and make unavailable any campaign associated with an account in default. If Your account continues in default for 30 days, TWA reserves the right to declare You in breach of Your Sales or Payment Agreement, and the entire amount owing under such an Agreement will become due and payable immediately. Any amounts in default will bear interest at a rate of 1.5% per month, and payments made on delinquent balances will be applied to the oldest balances first. If Your account continues to be in default, You agree that TWA may institute collections proceedings against You, and that all fees and costs of collection, including attorney fees, court costs, credit reporting, service of process, investigative costs, or other costs, will be assessed against You. Additionally, TWA is entitled to collect the reasonable costs of any promotional items previously provided to You. Your credit may be negatively affected if collections proceedings are instituted against You.
Authorized Account Users -
Unless expressly revoked in writing by the Client, an Authorized User has the authority to renew contracts, contract for new services, order changes, or otherwise access or control a Client's account with TWA. This includes changing or updating automated payment information, authorizing third party automated payments, or any other service which may incur additional charges to You. TWA is entitled to rely on the written or oral representations of an Authorized User in the performance of its contracted services, and You agree to indemnify and hold TWA harmless for any actions taken by an Authorized User.
Termination
TWA reserves the right to terminate any Sales or Payment Agreement at any time if Your account is in default, or for violation of any provision of the Sales or Payment Agreement, these Terms of Service, or for any other reason or no reason at all. Non renewal of services is considered a willful termination. In the event of a termination, TWA retains all right and title, including any applicable copyright, to the designs, targeting, pixel data, content, media, and all other components of Your campaign.
Miscellaneous
Situs, Governing Law, and Jurisdiction -
You agree that Your transactions with TWA have their situs in the State of Wisconsin. These Terms and Conditions and Your Payment or Purchase Agreement are governed by and must be construed according to the laws of the State of Wisconsin, without regard to its conflict of laws provisions. In any action brought to enforce or construe any provision of these Terms and Conditions or any Agreement, You agree that jurisdiction lies exclusively with the applicable State courts located in Dodge County, Wisconsin, or Federal courts located in Milwaukee, Wisconsin.
Force Majeure -
You agree that TWA cannot be held liable for delays, damages, outages, or other interruptions in service, loss of data, or other casualty arising from natural disasters, acts of war, civil unrest, terrorism, acts of God, or other general circumstances beyond TWA's control.
Severability -
If any provision of these Terms and Conditions or Your Purchase or Payment Agreement is held by a court of competent jurisdiction to be unlawful or unenforceable, the remaining provisions will continue in full force and effect.
Attorney Fees -
In any action brought to enforce or construe any provision of these Terms and Conditions, or Your Purchase or Payment Agreement, the prevailing party will be entitled to their reasonable attorney fees and costs, including any collection costs.
Privacy
Data Security
TWA takes commercially reasonable steps to ensure that any electronic information and communications are secure. No system is foolproof. Databases, communications, and services are susceptible to errors, tampering, and hacking. TWA makes no guarantee or warranty against such occurrences. By utilizing TWA's services, You agree to hold TWA harmless for any breach of data security caused by electronic or human error, force majeure, weather or other natural phenomena, computer hacking or break-ins, tampering, equipment failure, or any other cause not directly within the control of TWA.
Permitted Uses of Private Information
You agree that TWA may access and utilize Your Private Information for the following purposes:
Provision of TWA Services -
You agree that Personal Information may be used by TWA, its employees, contractors, and vendors to the extent necessary to design, publish, and maintain Your campaign and otherwise provide the services for which TWA has been engaged. You release TWA from any liability arising from the disclosure of Personal Information by any vendor or other third party.
Marketing of TWA's Business -
You agree that Your name, publicly available social media profiles, website URLs, website design and content, prior website designs, and draft designs, may be utilized by TWA in its efforts to market TWA's services to other clients and the general public.
Billing, Collections, and Account Maintenance -
You agree that any Personal Information collected by TWA may be utilized for billing, collections, or other maintenance of Your account.
As Required by Law or Other Compulsory Process -
Personal Information may be disclosed as required by a court order or other compulsory legal process.
HIPAA Compliance -
Some Personal Information may constitute Personal Health Information as defined by the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). Insofar as TWA receives and is aware that such data constitutes Personal Health Information, TWA will take all necessary steps to ensure that its treatment of such data is in compliance with TWA's obligations as a Business Associate under HIPAA and other applicable law.
Indemnity
You agree to indemnify and hold TWA harmless from any claim arising from the use of Your campaign by all third parties, including any action for libel or defamation, products or premises liability, malpractice, false advertising, or any other claim.
Guarantee/Disclaimer
Satisfaction Guarantee
TWA cannot guarantee the performance outcomes of any campaign, website or service, but we can guarantee we will continue to refine and revise services subscribed to according to the original agreement. If, during the term of Your contract You are not satisfied with the design, layout, or functionality of Your campaign, TWA will continue to provide design, layout, and functionality changes until You are satisfied.
Good Faith
TWA has worked hard to develop a reputation for excellent customer service and high-quality products. If You have an issue with Your campaign, the customer service You have received, billing, or any other aspect of Your interactions with TWA, You agree to contact us and give us a legitimate opportunity to make things right before cancelling Your account or leaving negative online reviews.