Original Terms Effective Date: 15 October 2017
Current Version Effective Date / Last Updated: 19 April 2026

Welcome to First Station Media (“we,” “us,” or “our”). By purchasing our services, visiting our website https://firststationmedia.com, or entering into a service agreement with us, you (“Client,” “you,” or “your”) agree to be bound by the following Terms of Service (“Terms”). Please read these Terms carefully. Use of First Station Media’s services, approval of project deliverables, access to deliverables, or payment of any invoice constitutes acceptance of these Terms of Service. For purposes of these Terms, references to First Station Media include First Station Media, its owners, officers, directors, employees, contractors, subcontractors, vendors, service providers, affiliates, representatives, agents, successors, and assigns, as applicable, unless the context clearly requires otherwise.

Services
First Station Media provides creative, technical, branding, and marketing services. These services may include, but are not limited to, design work, branding strategy, content development, website development, marketing campaigns, digital advertising, and implementation of third-party tools (e.g., cookie consent banners, analytics scripts, or privacy templates). All work is performed according to the agreed-upon service proposal or contract, and subject to these Terms of Service.

When implementing third-party accessibility, privacy, or compliance tools (including but not limited to AudioEye, Osano, TrustArc, or similar vendors), First Station Media acts solely as a technical installer or configuration partner. We are not affiliated with or responsible for these third-party platforms, their service terms, or their ongoing compliance accuracy. The Client is responsible for maintaining its own subscription, settings, and legal compliance with applicable privacy and accessibility regulations. The Client is solely responsible for maintaining all third-party subscriptions, renewals, and payment arrangements.

No Refund Policy
We take pride in delivering high-quality professional services. Due to the intangible and custom nature of the work we provide, all sales are final.

• We do not offer refunds for services rendered or products delivered, except where required by applicable law.
• By purchasing our services, you acknowledge and agree to this no-refund policy.
• If you believe an invoice or service charge is in error, please contact us at billing@firststationmedia.com.
• Any legal exceptions to this policy (including mandatory consumer protections under applicable law) will be honored in accordance with local, state, federal, or EU regulations.

Service Updates and Cancellations

• If you wish to update or cancel your services, contact us at info@firststationmedia.com.
• A 45-day written notice is required for cancellation of services.
• Cancellation requests received with less than 45 days’ notice may still incur charges or non-refundable commitments, depending on the scope of services.
• Data Protection and Privacy (GDPR & U.S. Privacy Laws)
• Processing of Client and End-User Data

We may process limited personal data (such as names, emails, and billing information) for the purpose of delivering services, handling communications, and fulfilling contractual obligations.

All personal data will be processed in accordance with:

• The EU General Data Protection Regulation (GDPR),
• Applicable U.S. state privacy laws (e.g., CCPA/CPRA, VCDPA, CPA), and
• Our Privacy Policy.

We act as a data controller for client contact information and as a data processor where we implement or manage services involving your end users’ data.

Client Responsibilities
The Client remains the data controller of all personal data collected through your own websites or systems.
You are responsible for ensuring your use of our services complies with all applicable data protection and privacy laws.
You must provide legally compliant privacy notices, obtain required consents, and respond to data subject requests from your users.

GDPR Rights
If you are located in the EU/EEA, you may exercise your GDPR rights (access, correction, deletion, restriction, portability, objection, withdrawal of consent) by contacting us at privacy@firststationmedia.com. U.S. residents may have additional rights under CCPA/CPRA and similar state laws, including the right to access, correct, delete, and opt out of data sharing.

Indemnification
You agree to indemnify, defend, and hold harmless First Station Media, its managers, officers, directors, employees, agents, and independent contractors from and against any and all losses, damages, claims, allegations, fees (including attorneys’ fees and court costs), or third-party suits arising out of or related to:

• Any design or copywriting work that infringes or misappropriates third-party intellectual property or other proprietary rights,
• Your failure to comply with applicable privacy or data protection laws, or
• Your misuse or modification of deliverables provided by First Station Media.
• This indemnification clause shall survive the termination or expiration of any agreement.

Compliance and Legal Content Disclaimer

First Station Media provides creative and technical services, which may include implementation of third-party tools designed to support general privacy and compliance features (e.g., cookie banners, consent scripts, policy templates).

However:

First Station Media is not a law firm or compliance provider.
We do not provide legal advice or guarantee compliance with any laws or regulations, including but not limited to the GDPR, CCPA/CPRA, or other data protection or consumer laws.
All language, tools, or templates implemented by us are for informational and functional purposes only.

It is the Client’s responsibility to review and approve all legal language, configurations, and policies, and to obtain independent legal counsel as needed to ensure full compliance.

You agree to hold harmless and indemnify First Station Media from any claims, damages, or losses arising from or related to your use of any website, policy, or compliance tool implemented by us.

Accessibility & ADA Compliance Disclaimer
First Station Media does not guarantee that any website, digital property, content, or deliverable provided, developed, modified, or implemented on behalf of a Client is compliant with the Americans with Disabilities Act (ADA), the Web Content Accessibility Guidelines (WCAG), Section 508 of the Rehabilitation Act, or any other accessibility law, regulation, or standard. While we may, at the Client’s request, install or configure third-party accessibility tools or overlays (including but not limited to AudioEye or similar services), such actions are provided solely as a technical accommodation and do not constitute a representation, warranty, or guarantee of legal compliance.

The Client understands that accessibility tools, widgets, or overlays provide limited automated assistance and do not replace comprehensive, manual accessibility remediation, which may include source code modifications, content restructuring, design adjustments, usability testing, and continuous evaluation. First Station Media does not provide manual accessibility remediation services unless expressly stated in a written agreement.

The Client acknowledges and agrees that:
Accessibility compliance is an ongoing legal obligation of the website owner; Automated tools, widgets, overlays, or third-party services do not ensure full or continuing accessibility compliance; First Station Media does not monitor, audit, certify, or maintain accessibility compliance after delivery unless expressly agreed to in writing. The Client is solely responsible for evaluating, maintaining, and ensuring that their website(s) comply with all applicable accessibility laws and standards and for obtaining independent legal and accessibility guidance as necessary.

Third-Party Assets, Working Files, and Limitation of Liability
First Station Media may incorporate stock photography, fonts, graphics, templates, code, or other third-party materials in the course of providing services. Such materials may include assets licensed through platforms including, but not limited to, Shutterstock and Envato. All third-party assets are provided under standard commercial license terms unless otherwise expressly stated in writing. Ownership of third-party assets is not transferred to the client. All third-party materials remain subject to the original licensing terms and restrictions of the applicable provider. The client acknowledges and agrees that it is solely responsible for reviewing, understanding, and complying with all applicable license terms governing third-party materials included in any deliverables.

If the client’s intended use exceeds the scope of a standard commercial license, including but not limited to resale, redistribution, merchandise, broadcast, trademark registration, sublicensing, high-volume reproduction, or other extended uses, the client agrees to obtain and pay for any required extended or enhanced licenses directly from the applicable provider. If editable or working files are provided, they are delivered as-is at the time of release. Upon delivery, the client assumes full responsibility for any modifications, adaptations, third-party edits, production output, distribution, or downstream use of the files. First Station Media makes no representations or warranties regarding compatibility, functionality, or legal compliance of working files after they have been altered, reformatted, or used by the client or any third party.

First Station Media does not provide legal advice or regulatory compliance review. The client is solely responsible for ensuring that all final materials comply with applicable laws, regulations, intellectual property requirements, and advertising standards prior to publication or distribution. To the fullest extent permitted by law, First Station Media shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or relating to the services or deliverables provided. In all circumstances, the total liability of First Station Media for any claim shall not exceed the total fees paid by the client for the specific project giving rise to the claim. The client agrees to indemnify, defend, and hold harmless First Station Media from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to the client’s use, misuse, modification, distribution, or exploitation of the deliverables or any third-party materials.

Limitation of Liability
To the fullest extent permitted by law, First Station Media and its owners, officers, directors, employees, contractors, subcontractors, vendors, service providers, affiliates, representatives, agents, successors, and assigns shall not be liable for any indirect, incidental, consequential, special, punitive, exemplary, lost profit, lost revenue, lost business, lost data, reputational, platform-related, advertising-related, customer-related, third-party, or business interruption damages arising out of or related to the Services, deliverables, invoices, payments, accounts, platforms, third-party tools, client materials, or these Terms. To the fullest extent permitted by law, First Station Media’s total liability for any claim arising out of or related to the Services shall be limited to the amount actually paid by Client to First Station Media for the specific Service giving rise to the claim, excluding advertising spend, media spend, third-party costs, software fees, platform fees, pass-through expenses, taxes, chargeback fees, collection costs, and outside vendor costs. No owner, officer, director, employee, contractor, subcontractor, vendor, service provider, affiliate, representative, or agent of First Station Media shall have personal liability for any claim arising out of or related to the Services, deliverables, invoices, payments, accounts, platforms, client materials, third-party materials, or these Terms, to the fullest extent permitted by law.

Nothing in these Terms excludes liability where it would be unlawful to do so.

Intellectual Property
Unless otherwise agreed in writing, First Station Media retains ownership of: All pre-existing intellectual property, designs, concepts, or materials developed prior to or independently of the engagement. License or usage rights are granted to the Client solely for the agreed-upon purpose. Any transfer of ownership or exclusive licensing of intellectual property must be set forth in a separate written agreement.

File Retention, Deliverables, and Account Management
First Station Media retains design work and copywriting assignments/materials for approximately thirty (30) days. If materials are requested after this timeframe, we are more than happy to recreate materials at an hourly rate. Deliverable graphic design materials include files such as PDFs and JPGs, not live or art files. Live/art files are available separately at an additional cost, to be determined by project components and complexity. First Station Media cannot provide artwork that mimics another existing design, whether or not it is copyrighted and/or trademarked. While First Station Media will request to manage and administer your digital accounts, all account access and performance is the responsibility of the client.

Client Responsibilities, Intellectual Property Clearance, and Use of Deliverables
All materials, designs, websites, campaigns, content, marketing materials, public relations materials, branding elements, and other services created or delivered by First Station Media are produced based on the information, materials, direction, and intended use communicated by the Client at the time of the project.

Client, Vendor, Contractor & Prior Work Responsibility
Client is solely responsible for the accuracy, legality, ownership, authorization, licensing, approval, continued use, and compliance of all materials, content, images, graphics, fonts, copy, slogans, trademarks, logos, product information, service information, testimonials, claims, offers, pricing, business information, account access, third-party materials, and other items provided to, approved for use by, or used in connection with Services provided by First Station Media.

Client acknowledges and agrees that First Station Media performs creative, technical, branding, and marketing services based on the information, materials, access, approvals, and direction provided by Client. First Station Media is not responsible for independently verifying the ownership, licensing status, copyright status, trademark status, legal compliance, factual accuracy, or continued suitability of Client-provided, Client-approved, third-party, historical, archived, transferred, modified, or previously delivered materials unless expressly agreed in writing.

Client assumes full responsibility for reviewing, approving, maintaining, removing, replacing, updating, licensing, renewing, monitoring, and ensuring the lawful use of all deliverables, images, fonts, graphics, content, advertisements, websites, accounts, campaigns, files, and materials after delivery, publication, transfer, launch, approval, or use.

To the fullest extent permitted by law, First Station Media, its owners, officers, employees, contractors, subcontractors, vendors, service providers, affiliates, and representatives shall not be responsible for any claim, demand, dispute, copyright allegation, trademark allegation, licensing issue, image-use claim, font-use claim, platform complaint, takedown notice, cease-and-desist letter, customer complaint, vendor claim, contractor claim, third-party claim, or legal issue arising from Client-provided materials, Client-approved materials, Client instructions, Client modifications, third-party materials, third-party vendors, contractor work, continued use of deliverables, outdated materials, archived materials, historical work, or materials used, reused, modified, published, distributed, or commercialized after delivery.

If any issue, claim, demand, notice, allegation, takedown request, licensing concern, copyright concern, trademark concern, platform complaint, vendor concern, contractor concern, or third-party complaint arises at any time in connection with materials, deliverables, websites, campaigns, content, images, fonts, files, accounts, or work connected to Client’s business, Client is solely responsible for promptly reviewing, addressing, resolving, removing, replacing, defending, settling, paying, or otherwise handling the matter at Client’s own expense. Client agrees to indemnify, defend, and hold harmless First Station Media, its owners, officers, employees, contractors, subcontractors, vendors, service providers, affiliates, and representatives from and against any claims, demands, damages, liabilities, losses, costs, expenses, settlements, judgments, penalties, attorney’s fees, expert fees, and related expenses arising out of or related to Client materials, Client approvals, Client instructions, third-party materials, prior work, continued use, modification, publication, distribution, commercialization, vendor involvement, contractor involvement, or any allegation that materials used in connection with Client’s business infringe or violate the rights of any third party. Any contractor, subcontractor, vendor, consultant, service provider, or third party performing work for or with First Station Media is responsible for ensuring that any work, files, materials, images, fonts, graphics, templates, code, copy, content, tools, software, assets, or deliverables they provide, create, upload, modify, recommend, or submit are original, properly licensed, authorized for use, and do not infringe or violate the rights of any third party.

To the fullest extent permitted by law, any contractor, subcontractor, vendor, consultant, service provider, or third party working with or for First Station Media agrees to indemnify, defend, and hold harmless First Station Media, its owners, officers, employees, clients, affiliates, and representatives from and against any claims, demands, damages, liabilities, losses, costs, expenses, settlements, judgments, penalties, attorney’s fees, expert fees, and related expenses arising out of or related to their work, materials, files, content, licensing, conduct, negligence, breach, misrepresentation, infringement, or failure to comply with applicable laws, platform rules, or these Terms. First Station Media may require any contractor, subcontractor, vendor, consultant, service provider, or third party to correct, replace, remove, revise, or provide proof of licensing or authorization for any materials or work product submitted or created in connection with Services.

Client-Provided Materials
The Client represents and warrants that any materials supplied to First Station Media, including but not limited to logos, images, text, slogans, branding elements, testimonials, product claims, or other content, are owned by the Client or properly licensed for use. First Station Media does not verify ownership or licensing rights of materials supplied by the Client and shall not be responsible for any infringement arising from their use.

Intellectual Property Clearance
First Station Media does not perform trademark, copyright, or other intellectual property clearance searches and does not verify the availability, registrability, or legality of any wording, slogans, branding elements, or materials requested or approved by the Client. The Client is solely responsible for determining whether any requested materials infringe upon the intellectual property rights of any third party and for ensuring that their use complies with all applicable copyright, trademark, advertising, and intellectual property laws.

Applicability to Prior Deliverables and Continuing Use
To the fullest extent permitted by law, these Terms apply to all current and future use, reproduction, publication, promotion, distribution, modification, commercialization, or continued reliance upon any services, creative work, deliverables, materials, account support, or related work provided by First Station Media, including work originally created or delivered before the most recent update to these Terms.Continued use of any First Station Media services, deliverables, creative work, materials, account support, or related work after the Last Updated date constitutes acceptance of these Terms as they relate to such continued use.

Portfolio and Promotional Use
Unless otherwise agreed in writing, First Station Media may display completed work in its portfolio, website, case studies, marketing materials, and professional presentations for the purpose of demonstrating services provided.

Client Approval of Deliverables
The Client is responsible for reviewing and approving all deliverables prior to production, publication, distribution, or implementation. Approval of any design, content, campaign, website, or other deliverable constitutes confirmation that the Client accepts the work as provided and assumes responsibility for its use.

Use and Distribution of Deliverables
The Client assumes full responsibility for any reproduction, publication, display, distribution, promotion, advertising, manufacturing, merchandising, resale, licensing, or commercialization of materials created by First Station Media. Any use of deliverables beyond the originally communicated scope or intended purpose is undertaken solely at the Client’s discretion and responsibility.

Entire Agreement
These Terms of Service, together with any written proposal, statement of work, or invoice issued by First Station Media, constitute the entire agreement between the parties regarding the services provided and supersede all prior or contemporaneous communications, discussions, or agreements, whether written or oral.

Modification of Deliverables
First Station Media shall not be responsible for any modifications, alterations, derivative works, edits, or adaptations made to deliverables after delivery, whether performed by the Client or by any third party. Any such modifications are undertaken at the Client’s sole risk and responsibility.

Time Limit on Client Claims & Prior Work
To the fullest extent permitted by law, any claim, dispute, objection, request for correction, request for removal, billing concern, service concern, licensing concern, copyright concern, trademark concern, image-use concern, font-use concern, platform concern, or other issue by Client against First Station Media arising out of or related to any Service, deliverable, invoice, payment, website, campaign, account, file, material, image, font, graphic, content, advertisement, or prior work must be raised in writing as soon as reasonably possible after Client becomes aware of the issue. To the fullest extent permitted by law, any claim by Client against First Station Media arising out of or related to the Services, deliverables, billing, materials, websites, campaigns, accounts, or any relationship with First Station Media must be brought within one (1) year after the event giving rise to the claim, unless a longer period is required by applicable law. Client waives any claim not brought within that permitted period. Client acknowledges that creative work, websites, campaigns, advertisements, files, images, fonts, graphics, content, accounts, and deliverables may be modified, reused, transferred, republished, altered, archived, updated, moved between platforms, handled by third parties, or used over time after delivery. Client is solely responsible for monitoring, maintaining, auditing, updating, removing, replacing, licensing, renewing, and ensuring the lawful continued use of such materials after delivery, approval, publication, transfer, launch, or use.

First Station Media has no continuing duty to monitor, audit, maintain, update, remove, replace, re-license, review, or police any previously delivered work, historical materials, archived files, websites, advertisements, graphics, images, fonts, campaigns, accounts, or deliverables unless expressly agreed in a separate written agreement.

If any third-party claim, copyright allegation, licensing issue, image-use claim, trademark issue, platform complaint, takedown request, vendor claim, contractor claim, or similar matter arises from older, historical, archived, modified, reused, transferred, or continuing use of any material or deliverable, Client is solely responsible for handling and resolving the matter, including removal, replacement, licensing, settlement, defense, and payment of any related costs, fees, damages, or expenses.

Waiver
Failure by First Station Media to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver of rights under these Terms must be made in writing and shall apply only to the specific circumstance for which it is granted.

Third-Party Production and Implementation
From time to time, the Client or First Station Media may engage third-party vendors to manufacture, print, produce, host, develop, implement, or distribute materials created by First Station Media, including but not limited to website developers, apparel manufacturers, printers, promotional product vendors, hosting providers, or technology platforms. First Station Media does not control the services, production methods, implementation practices, or legal compliance of third-party vendors and shall not be responsible for any errors, defects, licensing violations, production issues, hosting failures, implementation decisions, or legal claims arising from third-party production, development, hosting, or distribution.

Third-Party Platform Accounts and Credentials
Where services require access to websites, hosting accounts, advertising platforms, social media accounts, or other third-party systems, the Client remains the owner and controller of those accounts. First Station Media shall not be responsible for platform restrictions, suspensions, algorithm changes, service outages, policy enforcement actions, or other actions taken by third-party providers.

Trademark Registration and Ownership
Unless otherwise expressly agreed in writing, the Client may not register, attempt to register, or claim exclusive trademark ownership of any design, logo, slogan, branding element, or creative concept developed by First Station Media without written authorization. If the Client intends to pursue trademark registration for any deliverable, the Client is solely responsible for conducting trademark searches and obtaining independent legal advice regarding registrability and potential infringement risks.

Marketing, Advertising, and Public Relations Content
The Client is solely responsible for the accuracy, legality, and substantiation of all statements, claims, testimonials, endorsements, and promotional messaging used in marketing, advertising, or public relations materials created or distributed using deliverables produced by First Station Media.

No Warranty Regarding Intellectual Property Claims
First Station Media makes no representations or warranties that any design, wording, slogan, concept, marketing material, campaign, website, or creative work produced for the Client will qualify for trademark registration or be free from potential intellectual property claims.

Scope of Services
Any services, revisions, deliverables, or work requested outside the scope of the original proposal or agreement may require a separate agreement or additional fees at First Station Media’s standard rates.

Payment
Client agrees to contact First Station Media directly in writing regarding any billing question, payment concern, invoice issue, or service-related concern before initiating a chargeback, payment reversal, dispute, claim, or complaint with a bank, credit card company, payment processor, or third-party platform. To the fullest extent permitted by law, Client agrees not to initiate a chargeback, payment reversal, bank dispute, processor dispute, or similar claim for any authorized, recognized, approved, recurring, partially paid, previously paid, or previously accepted charge. If Client initiates a chargeback, payment reversal, failed payment, processor dispute, bank dispute, or billing dispute, First Station Media reserves the right to pause Services, pause campaigns, stop work, withhold deliverables, revoke access to unpaid work, pause maintenance, cancel or pause recurring work, suspend account support, and require full payment before resuming any Services. Client remains responsible for all amounts owed, including the original invoice amount, recurring fees, service fees, expenses, chargeback fees, collection costs, administrative fees, attorney’s fees, payment processor fees, and any costs incurred by First Station Media in responding to, defending against, or recovering any disputed, reversed, unpaid, or charged-back amount. A chargeback, payment reversal, failed payment, or billing dispute does not cancel any outstanding balance, waive First Station Media’s rights, or relieve Client of payment obligations for Services rendered, work performed, resources allocated, recurring Services, or amounts otherwise due. By submitting payment or maintaining a payment method on file, Client authorizes First Station Media and its payment processors to charge the applicable payment method for approved invoices, recurring services, retainers, subscriptions, service fees, and related charges in accordance with First Station Media’s Terms of Service.

Account Status
First Station Media reserves the right to pause, limit, restrict, or terminate Services if Client fails to pay amounts due, initiates a chargeback, has a failed payment, fails to provide required access or materials, delays approvals, breaches these Terms, engages in abusive or inappropriate conduct, requests unlawful or unethical work, interferes with First Station Media’s ability to perform the Services, or otherwise creates risk, cost, delay, or disruption. First Station Media may also pause, limit, restrict, or decline Services if continuing work may create legal, ethical, reputational, financial, operational, platform, security, or compliance risk for First Station Media, the Client, or any third party. Any pause, limitation, restriction, or termination of Services does not waive Client’s responsibility to pay for Services already performed, time incurred, resources allocated, contractor time, administrative time, expenses incurred, third-party costs, recurring fees, retained availability, or amounts otherwise due. Upon any pause, limitation, restriction, or termination, any unpaid balances become immediately due. First Station Media may withhold final deliverables, files, transfers, credentials, access, continued support, launch assistance, additional work, or account handoff until all outstanding invoices, fees, costs, and expenses have been paid in full. First Station Media is not liable for any loss, delay, disruption, missed opportunity, campaign interruption, website issue, platform issue, business loss, customer complaint, lost revenue, account issue, or other consequence arising from paused, limited, restricted, or terminated Services due to Client’s nonpayment, breach, delay, chargeback, lack of cooperation, failure to provide required access, failure to provide accurate information, failure to approve materials, failure to maintain account access, or failure to provide required materials.

Billing Authorization & Acceptance
By purchasing, approving, authorizing, continuing, or submitting payment for any service, invoice, estimate, proposal, subscription, retainer, recurring service, digital product, marketing campaign, consulting engagement, or ongoing service relationship with First Station Media, Client acknowledges and agrees that all charges, billing rates, recurring payments, time allocations, service fees, expenses, and related amounts are authorized, valid, accepted, and payable in full. Client understands and agrees that invoices, estimates, proposals, retainers, recurring charges, and service fees may include professional service time and operational involvement, including direct execution, creative work, technical work, contractor coordination, vendor coordination, project management, scheduling, communications, consultation, revisions, quality assurance, administrative support, strategy, research, oversight, production management, troubleshooting, asset organization, campaign monitoring, software usage, digital tools, subscriptions, cloud platforms, and other resources required to perform, manage, support, maintain, and deliver the Services. Payment, partial payment, enrollment in automatic billing, authorization of a payment method, approval of an invoice or proposal, continued use of Services, or failure to cancel recurring Services in accordance with the applicable cancellation terms constitutes Client’s acknowledgment, confirmation, and acceptance of all associated Services, charges, billing rates, time allocations, fees, and expenses. To the fullest extent permitted by law, Client waives any right to later dispute, reverse, charge back, withhold, offset, reject, or otherwise contest any authorized, recognized, approved, recurring, partially paid, or previously accepted payment, invoice, charge, fee, or expense processed by or on behalf of First Station Media.

Revisions, Timing & Client Materials
Any included revisions are limited to the revision rounds, timeframe, or scope expressly stated in the applicable proposal, estimate, invoice, service package, statement of work, or written agreement. If no specific revision terms are stated, revisions may be provided at First Station Media’s discretion and may be billed as additional work. Additional revisions, excessive changes, changes in direction, revisions after approval, requests outside the original scope, revisions caused by incomplete or inaccurate Client information, or repeated requests for changes may result in additional fees. Client agrees to provide timely feedback, approvals, content, images, passwords, account access, business information, brand materials, legal disclaimers, product or service details, and any other materials required for First Station Media to perform the Services. Client is solely responsible for the accuracy, ownership, security, completeness, legality, and accessibility of all Client-provided materials, passwords, logins, credentials, accounts, platforms, content, claims, business information, images, videos, contact lists, customer data, offers, pricing, product information, and service information. Client is solely responsible for maintaining ownership, backup access, administrative access, recovery information, payment methods, security settings, and control over Client’s own accounts, websites, social media platforms, advertising accounts, hosting accounts, domains, email accounts, CRM systems, review platforms, software, and third-party tools. First Station Media is not responsible for lost passwords, inaccurate passwords, expired logins, lack of access, account lockouts, hacked accounts, suspended accounts, deleted content, platform restrictions, prior vendor issues, Client-made changes, unauthorized changes by third parties, outdated account information, missing recovery information, or any inability to access or use Client-owned accounts, platforms, materials, or systems. Project timelines, launch dates, delivery dates, completion estimates, campaign start dates, and deadlines may be delayed, extended, or rescheduled if Client does not provide required information, approvals, feedback, access, passwords, materials, account access, or business information in a timely manner. If Client delay, lack of response, change in direction, failure to provide required materials, failure to provide accurate passwords, or failure to maintain account access causes additional work, rework, rescheduling, administrative time, contractor time, troubleshooting, or project management time, First Station Media may bill Client for such additional time and costs.

Administrative, Production & Resource Allocation
First Station Media may apply an administrative, production, coordination, management, and resource allocation of up to thirty percent (30-40%) to applicable invoices, service charges, hourly work, contractor-supported work, project-based work, recurring services, or other billable services. This allocation accounts for time, resources, and operational support required to manage, review, support, and deliver the Services, including but not limited to project management, contractor coordination, vendor coordination, administrative support, internal review, quality assurance, revision management, licensing verification, software usage, digital asset access, design programs, cloud storage, subscriptions, file management, platform management, and other operational resources. Client acknowledges and agrees that this allocation is part of First Station Media’s billing structure and may be included in invoices, service charges, hourly totals, project totals, recurring charges, or other amounts due, whether or not separately itemized. By purchasing, approving, continuing, or paying for Services, Client accepts and authorizes this allocation as a valid and payable component of the Services.

Third-Party Resale, Sublicensing, and White-Label Use
Unless expressly agreed in writing, the Client may not resell, sublicense, distribute, white-label, or otherwise provide services, deliverables, or creative work produced by First Station Media to third parties as part of their own commercial offerings or services. If the Client chooses to distribute, sublicense, or resell any deliverables created by First Station Media, the Client assumes full responsibility for all resulting obligations, representations, warranties, and legal liabilities arising from such distribution. First Station Media shall have no liability to any third party who receives, accesses, or relies upon deliverables through the Client or through any reseller, partner, or affiliate of the Client.

Force Majeure
First Station Media shall not be liable for delays or failures in performance resulting from events beyond its reasonable control, including but not limited to internet outages, hosting failures, platform disruptions, natural disasters, labor disputes, governmental actions, or other unforeseen circumstances.

Applicability of Terms
To the fullest extent permitted by law, these Terms apply to all current and future use of services, creative work, deliverables, materials, account support, and related services provided by First Station Media. Continued use, reproduction, publication, promotion, distribution, or commercialization of any deliverables after the effective date of these Terms constitutes acceptance of these Terms as they relate to such continued use.

Digital Marketing, SEO, Email, SMS & Outreach Communications and Analytics Disclaimer

First Station Media may provide services including search engine optimization (SEO), digital advertising, analytics configuration, Google Analytics implementation, Google Search Console configuration, social media marketing, or related digital marketing services. Search engine rankings, advertising performance, analytics accuracy, and marketing outcomes depend on numerous external factors beyond the control of First Station Media, including platform algorithms, market conditions, competition, and third-party platform policies. First Station Media makes no guarantees regarding search rankings, advertising performance, website traffic, analytics reporting accuracy, or business results resulting from marketing services.

If First Station Media provides email marketing, SMS marketing, newsletter services, automation, list management, CRM support, outreach, follow-up campaigns, lead communication, or similar communication services, Client is solely responsible for ensuring that all contact lists, leads, phone numbers, email addresses, subscribers, recipients, and customer data were collected lawfully and with any required consent. Client agrees not to provide, upload, approve, or request the use of purchased, scraped, unauthorized, misleading, outdated, or noncompliant contact lists unless Client has independently confirmed that such use is lawful, permitted, and compliant with all applicable laws, rules, regulations, platform policies, and industry requirements. Client is responsible for all required opt-ins, opt-outs, unsubscribe mechanisms, sender information, disclosures, consent records, customer permissions, privacy obligations, message approvals, and compliance with applicable email, SMS, telemarketing, privacy, advertising, and communication laws. Client is solely responsible for reviewing, approving, rejecting, editing, deleting, monitoring, and confirming all email, SMS, outreach, newsletter, automation, CRM, and lead communication materials before they are sent, published, scheduled, or used. Client agrees to maintain its own process for reviewing, approving, deleting, correcting, or requesting changes to any communication materials connected to its business. Any approval, payment, instruction, access grant, lack of objection, continued use of Services, or failure to timely review or request changes may be treated as Client’s authorization for First Station Media to proceed with the applicable communication, campaign, automation, outreach, or related Service.

First Station Media may assist with marketing, formatting, scheduling, automation, strategy, campaign setup, or message preparation, but Client remains solely responsible for the legality, accuracy, permission status, approval status, and compliance of all Client-provided lists, contacts, claims, offers, instructions, and message content. Client acknowledges that errors, omissions, inaccurate information, outdated information, incorrect offers, incorrect links, incorrect pricing, incorrect claims, or unintended communications may occur if Client provides inaccurate information, fails to review materials, delays approval, fails to request edits, or fails to monitor Client-owned platforms and systems. To the fullest extent permitted by law, First Station Media shall not be responsible for claims, losses, penalties, damages, complaints, refunds, disputes, deliverability issues, account suspensions, spam complaints, unsubscribe disputes, blocked messages, carrier filtering, platform restrictions, privacy claims, customer complaints, or legal violations arising from Client-provided materials, Client-approved materials, Client instructions, Client data, Client systems, Client delay, Client failure to review, or Client failure to comply with applicable communication laws. Client agrees to promptly notify First Station Media in writing of any communication error, outdated information, incorrect content, compliance concern, unsubscribe request, customer complaint, or requested change. First Station Media’s responsibility, if any, shall be limited to making commercially reasonable corrections after receiving written notice from Client.

Hosting, Security, and Data Availability
Unless expressly agreed in writing, First Station Media does not provide ongoing website hosting management, server administration, cybersecurity monitoring, or backup management services. The Client is responsible for maintaining hosting services, backups, software updates, and security monitoring. First Station Media shall not be liable for website outages, server failures, hosting disruptions, cyberattacks, data loss, or other technology failures occurring after delivery of services.

Governing Law
These Terms of Service are governed by and construed in accordance with:United States federal law and the laws of the State of Wisconsin, without regard to conflict of law principles, and Applicable EU data protection laws (including GDPR), where relevant to personal data processing. Any disputes or claims arising out of these Terms shall be brought exclusively in the state or federal courts located in Milwaukee County, Wisconsin.

Ongoing Services & Recurring Billing
Certain Services may be billed on a recurring, subscription, monthly, retainer, campaign, maintenance, monitoring, management, or ongoing basis. By enrolling in, approving, purchasing, continuing, or otherwise authorizing recurring Services, Client authorizes First Station Media and its payment processors to charge the payment method on file for all recurring fees, retainers, subscriptions, service charges, approved expenses, and related amounts due. Recurring Services continue until canceled in accordance with First Station Media’s written cancellation terms. Unless otherwise agreed in writing, Client must provide written notice of cancellation before the next billing date and remains responsible for any required cancellation notice period, outstanding balance, non-refundable commitment, or amount already incurred.

Failure to use the Services, delayed Client participation, lack of communication, delayed approvals, failure to provide materials, failure to provide account access, or failure to review work does not automatically cancel recurring billing or relieve Client of payment obligations. Client acknowledges and agrees that recurring Services may include ongoing availability, planning, monitoring, strategy, administrative support, project management, software usage, account maintenance, coordination, campaign oversight, vendor communication, contractor coordination, reporting, quality review, and reserved service capacity, whether or not Client submits new requests during a billing period. Payments for recurring Services, retainers, subscriptions, ongoing campaigns, maintenance, monitoring, management, or reserved service availability are earned as billed and are non-refundable to the fullest extent permitted by law.

Dispute Resolution
In the event of any dispute, claim, concern, controversy, billing issue, service issue, payment issue, deliverable issue, or disagreement arising out of or related to these Terms, the Services, invoices, payments, deliverables, accounts, platforms, or the relationship between Client and First Station Media, the parties agree to first attempt to resolve the matter through direct written communication. If the matter is not resolved through direct written communication, the dispute shall be resolved through binding arbitration in Milwaukee County, Wisconsin, unless otherwise required by applicable law. The arbitration shall be conducted before a single neutral arbitrator. The arbitrator shall have authority to award any relief available under these Terms, including attorney’s fees, costs, unpaid amounts, and other recoverable damages.

Client agrees that any dispute shall be brought only on an individual basis and not as a class action, collective action, representative action, private attorney general action, or consolidated proceeding, to the fullest extent permitted by law.

Client waives any right to a jury trial in any dispute arising out of or related to these Terms, the Services, invoices, payments, deliverables, accounts, platforms, or the relationship between Client and First Station Media, to the fullest extent permitted by law.

Notwithstanding the foregoing, First Station Media may pursue collection of unpaid amounts, injunctive relief, enforcement of intellectual property rights, chargeback-related recovery, or enforcement of an arbitration award in any court of competent jurisdiction.

This section does not limit any rights that may apply under mandatory privacy, consumer protection, or data protection laws.

Attorney’s Fees, Costs & Recovery
To the fullest extent permitted by law, if any dispute, claim, arbitration, legal proceeding, collection matter, chargeback-related claim, or action to enforce these Terms is initiated by or against Client and First Station Media is the prevailing party, Client shall be responsible for reimbursing First Station Media for all reasonable attorney’s fees, court costs, arbitration fees, mediation fees, collection costs, administrative costs, expert fees, filing fees, payment processor fees, chargeback fees, and related expenses incurred in connection with the matter. This reimbursement obligation applies whether the matter is resolved before filing, through written demand, direct communication, settlement, dismissal, arbitration, court proceeding, chargeback response, collection activity, payment, or other written resolution.

For purposes of this section, First Station Media shall be considered the prevailing party if it successfully enforces any material part of these Terms, collects any unpaid amount, defeats or substantially reduces any claim asserted by Client, obtains dismissal of any claim, or otherwise receives a favorable resolution through judgment, arbitration award, settlement, dismissal, payment, or written resolution. Client further agrees that any improper chargeback, unpaid invoice, payment reversal, breach of these Terms, or unsupported legal claim may cause First Station Media to incur administrative disruption, management time, lost productivity, professional fees, and operational costs that may be difficult to calculate precisely. To the fullest extent permitted by law, Client agrees to reimburse First Station Media for such actual damages, costs, fees, and expenses incurred as a result of Client’s breach, nonpayment, improper dispute, chargeback, or unsupported claim.

Employee, Contractor & Work Product Ownership
All work, services, designs, artwork, graphics, copy, content, websites, code, strategies, concepts, drafts, files, deliverables, materials, campaigns, templates, source materials, working files, creative direction, production materials, and other work product created, developed, contributed to, modified, prepared, or delivered by any employee, contractor, subcontractor, vendor, consultant, or service provider for or on behalf of First Station Media shall be deemed the exclusive property of First Station Media to the fullest extent permitted by law. To the extent any such work product qualifies as a “work made for hire,” First Station Media shall be deemed the author and owner of all rights, title, and interest in and to such work product. To the extent any work product does not qualify as a work made for hire, the employee, contractor, subcontractor, vendor, consultant, or service provider hereby irrevocably assigns, transfers, and conveys to First Station Media all worldwide rights, title, and interest in and to such work product, including all copyrights, intellectual property rights, moral rights to the extent waivable, derivative rights, reproduction rights, distribution rights, display rights, modification rights, commercialization rights, and all other rights of ownership or control. First Station Media may use, modify, edit, reproduce, publish, distribute, sell, license, sublicense, assign, transfer, display, adapt, combine, archive, repurpose, or otherwise exploit such work product in any manner, medium, platform, format, or channel, whether for Client work, internal business use, marketing, portfolio purposes, resale, templates, future projects, or any other lawful business purpose, without further approval, attribution, notice, restriction, or compensation unless expressly agreed in a separate written agreement signed by First Station Media. No employee, contractor, subcontractor, vendor, consultant, or service provider may claim ownership, authorship, control, approval rights, usage restrictions, portfolio rights, resale rights, licensing rights, or additional compensation in connection with any work product created for or on behalf of First Station Media, except as expressly stated in a separate written agreement signed by First Station Media. First Station Media may require employees, contractors, subcontractors, vendors, consultants, and service providers to execute separate written agreements confirming work-product ownership, work-made-for-hire status, assignment of intellectual property rights, confidentiality obligations, licensing responsibilities, and related obligations. If any separate written agreement provides greater protection to First Station Media than these Terms, the more protective provision shall apply to the fullest extent permitted by law.

Modifications to These Terms
We may update or modify these Terms periodically to reflect changes in business operations, legal requirements, or regulatory standards. Updated Terms will be posted on our website with a revised “Last Updated” date. Continued use of our services constitutes acceptance of the updated Terms.

Contact Information | For questions about these Terms or to exercise data protection rights:

First Station Media
1620 E. Capital Dr #11780 Milwaukee, WI 53211
Email: info@firststationmedia.com
Phone: (414) 807-0032
For billing inquiries: billing@firststationmedia.com