Terms & Conditions
These Terms govern your use of and access to all services provided by Tow Media LLC. By engaging our services or saving a payment method, you agree to be fully bound by these Terms.
Effective: October 1, 2025.
Governing State: Wyoming, USA
Entity: Tow Media LLC
1. Definitions
- “Company,” “we,” “us,” “our” — Tow Media LLC, a Wyoming limited liability company, 5830 E 2nd St, Suite 7000, Casper, Wyoming 82609.
- “Client,” “you,” “your” — any individual, sole proprietor, partnership, corporation, or other legal entity that engages, accesses, or purchases services from the Company.
- “Services” — all marketing, website design, PPC/Google Ads management, Google Business Profile optimization, social media management, review management, local listings management, dispatching services, and any other services offered by the Company.
- “Agreement” — these Terms & Conditions together with any signed service agreement, proposal, order form, invoice, or payment authorization executed between the parties.
- “Stripe” — Stripe, Inc., the Company’s third-party payment processing provider.
- “Saved Payment Method” — any credit card, debit card, ACH/bank account, or other payment instrument stored on file with the Company or Stripe on the Client’s behalf.
- “Intellectual Property” — all works, deliverables, copy, code, graphics, strategies, data, reports, and other materials created by or on behalf of the Company.
2. Acceptance of Terms
These Terms constitute a legally binding contract between you and Tow Media LLC. Acceptance occurs at the earliest of:
- Execution of any service agreement, proposal, or order form;
- Submission of any payment or deposit;
- Saving or authorizing any payment method through our systems or Stripe;
- Use of or access to any deliverable, service, or platform provided by the Company;
- Continued engagement with the Company after receiving notice of these Terms.
Tow Media LLC reserves the right to amend these Terms at any time. Updated Terms will be posted to this page with a revised effective date. Continued use of services following any update constitutes acceptance of the revised Terms. It is the Client’s responsibility to review these Terms periodically.
3. Services
3.1 Scope of Services
Tow Media LLC will provide Services as specified in the applicable service agreement or order form. All timelines and deliverables are subject to the Client’s timely cooperation, including providing access, approvals, content, and feedback as reasonably requested.
3.2 Service Modifications
The Company reserves the right to modify, update, or discontinue any Service offering at any time with reasonable notice. The Company may substitute functionally equivalent services, tools, platforms, or third-party providers without prior consent, provided the overall scope is not materially reduced.
3.3 Third-Party Platforms
Many Services involve third-party platforms including Google, Meta, and Stripe. Tow Media LLC is not responsible for changes to third-party platform policies, algorithms, features, or pricing that affect campaign performance or deliverables. Client acknowledges that advertising performance is subject to market variables outside the Company’s control.
3.4 No Performance Guarantees
Tow Media LLC makes no guarantee of specific results including rankings, lead volumes, call volumes, conversion rates, or revenue outcomes. Any projections provided are illustrative only and do not constitute a warranty or commitment.
3.5 Ad Spend
Where applicable, advertising spend (e.g., Google Ads budgets) is separate from management fees and billed directly to the Client’s account or invoiced as a pass-through. Tow Media LLC is not responsible for ad spend consumed in accordance with approved campaign settings.
4. Client Responsibilities
- Timely Cooperation: Provide all required access credentials, brand assets, approvals, and feedback within five (5) business days of request. Delays caused by the Client do not relieve payment obligations.
- Accurate Information: Supply accurate, complete, and lawful information and materials. The Client is solely responsible for any content, claims, or representations provided to the Company.
- Legal Compliance: Ensure the Client’s business, products, and services comply with all applicable laws and platform policies. Tow Media LLC is not responsible for ad disapprovals or account suspensions from Client non-compliance.
- Account Access: Maintain and provide valid access to all required accounts as needed for Service delivery.
- Valid Payment Method: Maintain a valid, current Saved Payment Method on file at all times while Services are active.
- Communications: Maintain a valid email address on file and respond within five (5) business days. Failure to respond does not pause billing obligations.
5. Payment & Invoicing
5.1 Fees
All service fees are as stated in the applicable service agreement or invoice, quoted in U.S. Dollars. Tow Media LLC reserves the right to adjust pricing with thirty (30) days’ written notice.
5.2 Invoicing & Automatic Charges
Invoices are issued on the agreed billing cycle and delivered to the Client’s email address on file. All invoices are due upon receipt and will be automatically charged to the Client’s Saved Payment Method within three (3) business days of the invoice date. Receipt of an invoice constitutes sufficient notice — no additional per-transaction approval is required once a payment method has been saved.
5.3 Late Payments & Consequences
| Condition | Consequence |
|---|---|
| 10 days past due | Late fee of 1.5% per month (18% APR) on outstanding balance |
| Repeated failed payments | Services suspended pending resolution |
| 30+ days past due | Referred to collections; Client liable for all costs and attorney’s fees |
| Unauthorized chargeback filed | Chargeback fees, legal costs, and damages recoverable from Client |
5.4 Disputed Invoices
The Client must dispute any invoice in writing to marketing@thetowmedia.com within five (5) business days of the invoice date. Failure to dispute within this period constitutes unconditional acceptance. The undisputed portion of any invoice remains due and payable regardless of any pending dispute.
5.5 Taxes
All fees are exclusive of applicable taxes. The Client is responsible for all sales, use, and similar taxes unless a valid tax-exemption certificate is provided before invoicing.
6. Saved Payment Method & Authorization
IMPORTANT: By saving any payment method with Tow Media LLC, you provide your express, written authorization for the Company and Stripe to charge your saved payment method for all current and future invoices without additional per-transaction authorization. This authorization remains in effect until cancelled per Section 13.
6.1 Default Payment Method
Any payment method saved to your account is automatically designated as the default payment method for all invoices. Where multiple payment methods are saved, the most recently saved method becomes the default unless otherwise designated in writing.
6.2 Recurring Billing Authorization
The Client expressly acknowledges that:
- Their saved payment method will be charged automatically on each billing cycle without further approval;
- Charge amounts may vary based on services rendered, scope changes, or pass-through ad spend;
- Receipt of an invoice email constitutes sufficient notice prior to charging;
- This authorization remains valid until written cancellation is provided per Section 13.
6.3 Payment Processor — Stripe
All transactions are processed by Stripe, Inc. in compliance with PCI DSS. Tow Media LLC does not store raw card numbers or CVV codes. By saving a payment method, the Client also agrees to Stripe’s Terms of Service and Privacy Policy.
6.4 Failed Payments
If a charge is declined, the Company will retry up to three (3) times over seven (7) days and notify the Client. Failure to resolve within five (5) business days may result in immediate service suspension.
6.5 Updating Payment Methods
To update a saved payment method, notify Tow Media LLC in writing at least five (5) business days before the next scheduled invoice date.
7. Chargebacks & Payment Disputes
7.1 No Unauthorized Chargebacks
Any charge processed by Tow Media LLC in accordance with an issued invoice represents a legitimate, authorized transaction. The Client agrees not to initiate a chargeback, reversal, or dispute with their bank, card issuer, or Stripe for any authorized charge without first exhausting the invoice dispute process in Section 5.4.
7.2 Evidence of Authorization
Tow Media LLC maintains records including: acceptance of these Terms; date, method, and IP address associated with saving the payment method; all invoices with itemized service descriptions; all Stripe transaction records; and all email correspondence. These records will be submitted to Stripe and card networks in response to any chargeback.
7.3 Liability for Wrongful Chargebacks
If a chargeback against a legitimate, authorized charge is found invalid, the Client agrees to be liable for: (a) the full original invoice amount; (b) all chargeback fees assessed against Tow Media LLC; (c) all attorney’s fees and legal costs incurred; and (d) any consequential damages from service interruption caused by the chargeback.
8. Intellectual Property
8.1 Company Ownership
All content, copy, graphics, code, website designs, campaign structures, ad creatives, strategies, templates, reports, and other materials created by Tow Media LLC remain the exclusive property of Tow Media LLC until all outstanding invoices are paid in full.
8.2 License Upon Full Payment
Upon full payment, Tow Media LLC grants the Client a non-exclusive, non-transferable license to use deliverables for their own business purposes. This does not include rights to underlying methodologies, frameworks, templates, or proprietary tools.
8.3 Non-Payment Consequences
In the event of non-payment, Tow Media LLC reserves the right to disable, take down, or reclaim any website, content, or deliverable without liability for any resulting business interruption or damages.
8.4 Client-Provided Materials
The Client warrants that any materials provided to Tow Media LLC do not infringe any third-party intellectual property rights, and indemnifies the Company against all related claims.
8.5 Portfolio Rights
Tow Media LLC reserves the right to feature any deliverable, website, campaign result, or case study in its portfolio and marketing materials, unless the Client provides written objection prior to project commencement.
9. Confidentiality
Each party agrees to maintain the confidentiality of the other party’s proprietary or non-public business information and not to disclose it to any third party without prior written consent, except as required by law or to carry out the Services.
Tow Media LLC’s pricing, methodologies, reporting structures, and proprietary processes are the Company’s Confidential Information. The Client shall not share, reverse-engineer, or use these for any purpose outside the scope of the engagement.
Confidentiality obligations survive termination for three (3) years.
10. Disclaimers & Warranties
ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED SERVICE.
Tow Media LLC does not warrant that Services will achieve any specific results including search rankings, lead volumes, conversion rates, or advertising ROI. Digital marketing outcomes are subject to market conditions, competitor activity, algorithm changes, and other factors outside the Company’s control.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOW MEDIA LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Tow Media LLC’s total cumulative liability shall not exceed the total fees paid by the Client in the three (3) months immediately preceding the event giving rise to the claim. This limitation applies regardless of legal theory and survives termination.
12. Indemnification
The Client agrees to indemnify, defend, and hold harmless Tow Media LLC and its members, managers, employees, contractors, and agents from and against all claims, damages, losses, liabilities, costs, and expenses (including attorney’s fees) arising out of or related to:
- The Client’s breach of any provision of these Terms;
- Client-provided materials that infringe third-party rights;
- The Client’s business operations, products, or services;
- The Client’s violation of any applicable law or regulation;
- Any wrongful or invalid chargeback initiated by the Client;
- The Client’s failure to maintain valid accounts or comply with platform policies.
13. Cancellation & Refunds
13.1 Cancellation Notice Required
To cancel Services, the Client must provide thirty (30) days’ written notice via email to marketing@thetowmedia.com. Cancellation is not effective until acknowledged in writing by Tow Media LLC. The Client remains liable for all fees through the effective cancellation date.
13.2 No Refunds
All fees paid are non-refundable. This includes monthly retainer fees, setup fees, one-time project fees, and all other charges. Fees represent the Company’s committed resources, personnel, and time.
13.3 Early Termination Fee
Cancellation prior to completion of an agreed project term or minimum commitment period may incur an early termination fee equal to the remaining contract balance, unless otherwise specified in the service agreement.
13.4 Post-Cancellation
Upon effective cancellation and full settlement of all outstanding balances, Tow Media LLC will cease charging the Client’s saved payment method, provide access to agreed deliverables per Section 8.2, and cooperate in a reasonable transition of account access. The Company is not obligated to maintain any deliverable or account access beyond thirty (30) days after effective cancellation.
14. Suspension & Termination
14.1 Right to Suspend
Tow Media LLC may immediately suspend all Services, without notice or liability, upon:
- Non-payment of any invoice within ten (10) days of the due date;
- A declined payment not resolved within five (5) business days;
- The Client’s initiation of an unauthorized chargeback;
- The Client’s material breach of these Terms;
- The Client’s violation of any law or platform policy that exposes the Company to liability.
14.2 Right to Terminate
Tow Media LLC may terminate the Agreement immediately for cause, including repeated non-payment, material breach not cured within seven (7) days of notice, or conduct that is abusive, threatening, or harmful to Company personnel.
14.3 No Liability for Suspension
Service suspension or termination due to the Client’s breach or non-payment creates no liability for Tow Media LLC. The Company is not responsible for any business losses or damages resulting from such suspension or termination.
15. Governing Law & Dispute Resolution
15.1 Governing Law
These Terms are governed by the laws of the State of Wyoming, without regard to conflict of law provisions.
15.2 Binding Arbitration
Any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in Casper, Wyoming. The arbitrator’s award is final, binding, and may be entered as judgment in any court of competent jurisdiction.
15.3 No Class Actions
The Client waives any right to participate in a class action, class arbitration, or representative proceeding against Tow Media LLC. All disputes must be brought on an individual basis only.
15.4 Injunctive Relief
Nothing herein prevents Tow Media LLC from seeking injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property, confidential information, or prevent irreparable harm.
15.5 Shortened Statute of Limitations
Any claim by the Client must be brought within one (1) year of the event giving rise to the claim. Claims not brought within this period are permanently barred.
16. Miscellaneous
- Entire Agreement: These Terms, together with any executed service agreement and invoice, constitute the entire agreement and supersede all prior understandings.
- Severability: If any provision is found unenforceable, the remaining provisions continue in full force.
- Waiver: Failure to enforce any provision does not constitute a waiver of future enforcement.
- Assignment: The Client may not assign rights or obligations without prior written consent of Tow Media LLC. The Company may assign these Terms without restriction.
- Force Majeure: Tow Media LLC is not liable for delays caused by events outside its reasonable control, including natural disasters, internet or platform outages, or government actions.
- No Partnership: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties.
- Notices: All legal notices to Tow Media LLC must be sent to marketing@thetowmedia.com or 5830 E 2nd St, Suite 7000, Casper, WY 82609.
17. Contact Us
For questions, billing disputes, cancellation requests, or legal notices, contact Tow Media LLC in writing:
- Email: marketing@thetowmedia.com
- Phone: +1-307-215-9130
- Mail: 5830 E 2nd St, Suite 7000, Casper, Wyoming 82609
© 2026 Tow Media LLC. All Rights Reserved.