Sales Terms + Refund Policy

Last Updated: MARCH 26, 2024

PLEASE READ THESE SALES TERMS + REFUND POLICY (“SALES TERMS”) CAREFULLY.

WHEN YOU PURCHASE ANY PRODUCTS FROM US, YOU AGREE TO THESE SALES TERMS. IF YOU DO NOT AGREE WITH THESE SALES TERMS, DO NOT PURCHASE OUR PRODUCTS.

1. Services

  • Audio Editing (2 business days after submission)

  • Limited Video Editing (3 business days after submission)

  • Audio and Video Episode Scheduling

  • Video Clips for Social Media

  • Writing Services

    • Show Note Writing (1 business day after editing completion)

    • YouTube Description Writing (1 business day after editing completion)

    • Email Newsletter Writing (1 business day after editing completion)

    • Computer-Generated Transcripts

  • Marketing Services (If offered)

  • Launch Services

    • Cover Art Design & Export (7 business days)

    • Theme Music Selection (7 business days)

    • Podcast Trailer Script Writing & Audio Editing (7 business days each)

    • Intro/Outro Script Writing & Audio Editing (7 business days each)

    • Show Description and Keyword Writing (3 business days)

    • Hosting Platform Uploading and Distribution

2. Pricing

  • Production & Writing Services: Clients subscribe to packages based on raw minutes of editing time per month. Unused minutes roll over to the next month. Overage minutes are billed at the end of the month. See our website (thewavepodcasting.com) for current pricing.

  • Launch Services: Charged as fixed fees, see our website for details.

  • Payment: Subscriptions are billed monthly in advance. Overage charges are billed at the end of the month. We accept credit cards and digital payments through Stripe and PayPal.

3. Project Workflow

  • Turnaround Time: Typical turnaround times are listed above. Turnaround times begin after all necessary assets and client approvals are received.

  • Client Responsibilities: The Client understands that timely feedback and asset delivery are crucial for meeting project deadlines. Significantly delayed feedback may impact project completion or incur additional fees.

  • Rush Projects: Rush projects may be accommodated on a case-by-case basis and may incur a 10% rush fee.

  • Project Pauses: If a Client puts a project on hold for more than 60 days, the Agency reserves the right to bill for work completed to date or pause subscription charges until work resumes.

4. Revisions

The Agency understands that some revisions are a natural part of the process. The number of included revisions will be agreed on at the start of each project. Additional revisions beyond the agreed-upon amount may incur extra charges.

5. Intellectual Property

  • Ownership: Upon payment in full, the Client retains all ownership rights to the final podcast product and any associated materials created by the Agency.

  • Client Warranties: Client warrants that they own or have the rights to use all materials (audio, images, music, etc.) provided to the Agency.

  • Agency Credit: The Agency reserves the right to use excerpts from the final podcast product for promotional purposes within its portfolio, with credit given to the Client.

6. Termination

  • By Client: The Client may cancel their subscription at any time with written notice.

  • By Agency: The Agency may terminate this agreement if the Client fails to make payments, breaches any terms, or engages in abusive behavior.

7. Confidentiality

  • Both parties agree to maintain the confidentiality of sensitive information shared during the project.

8. Limitation of Liability

  • The Agency shall not be liable for any indirect, incidental, or consequential damages arising from the use of the podcast content, even if the Agency has been advised of the possibility of such damages.

9. Governing Law

  • This agreement shall be governed by the laws of the State of California.

10. Dispute Resolution

  • Any disputes arising from this agreement shall be resolved through mediation.

11. Entire Agreement

  • These Terms of Sale constitute the entire agreement between the Agency and the Client and supersede any prior agreements or understandings.

12. Changes to Terms * The Agency reserves the right to update these Terms of Sale. Clients will be notified of changes with 30 days' written notice.

13. Acceptance of Terms * By utilizing the Agency's services, the Client agrees to be bound by these Terms of Sale. The Agency reserves the right to update these Terms of Sale at any time. Changes will be posted on the Agency's website ([website address]), and it is the Client's responsibility to periodically review these Terms for any updates.

14. Payments; Automatic Payments All purchases are subject to availability and charged at the time of purchase, whether the items purchased are in stock or offered on a pre-order basis. If you are paying electronically (e.g., by debit card, credit card, PayPal, Venmo or other online payment account service), you grant us permission to charge your provided payment method for all amounts due, including any payment plan, subscription package, or other automatic payment options you have chosen, without any additional authorization, and you will receive an electronic receipt via email for all payments made. To the extent necessary for processing your payment, you authorize us to share your payment information and related instructions with our third-party service providers.

If we do not receive your payment in a timely manner, we may grant you a 48-hour grace period to pay all outstanding amounts in full. If you fail to pay the full amount due, we will cancel your order / terminate your access to any Products, but you will remain responsible for the full original purchase amount.

15. When will my items arrive? Estimated pre-order delivery dates are included on their product pages. We strive to deliver your purchase promptly, and orders are processed for delivery in the order received unless you have paid for expedited delivery. Although delivery timeframes can vary, most items are delivered within 2 to 4 weeks of purchase. You will receive a notification with a delivery estimate as soon as your items are on their way.

16. No Refunds or Returns All sales are final. All product purchases are nonrefundable and provided “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, and all products are not returnable under any circumstances unless otherwise required by law.

17. 14 Day “Show Your Work” Guarantee If you dive into using our products right away and they really aren’t right for you, send a note within 14 days after you received the products to [customer service email address], including (1) your completed work/photos of any issues you had when trying to use or implement our products, (2) a detailed description of why our products didn’t work for you, and (3) any other suggestions you have that might help us learn and improve. Once you’ve sent us all three pieces of feedback, we’ll give you a full refund, as long as you’ve met the clear 14-day deadline. If you don’t plan on jumping right in, please consider whether our products are right for you, as no refunds will be given after the deadline.

18. No Chargebacks Because we have a clear No Refunds or Returns policy and Show Your Work Guarantee and you have agreed to these Sales Terms before purchasing our products, we will not permit any actual or threatened chargebacks from you or your credit card company. In the event that we receive a chargeback threat during or after your purchase or a chargeback is placed on your purchase, we will report your name, email, order date and amount, billing address, and a description of the incident to Equifax, Experian, and TransUnion credit bureaus, and to any other entity in our sole discretion, to ensure the incident is included in chargeback databases and delinquent account listings. That report may negatively impact your credit score, and we will require that you make a full payment of the chargeback amount plus any attorney fees or other expenses incurred in connection with the chargeback incident before we will remove you from those databases.

19. Paid Products For Personal Use By One Business Only We grant you a one-time, single-user, non-transferable, non-exclusive license to download, view, copy, and print Products you have purchased (“Paid Products”) solely for personal use by one business. Selling, sharing, redistributing, licensing, sublicensing, or otherwise disclosing Paid Products to another individual, business, or any third party (including your friends or family members) is expressly prohibited. You may permit your employees, contractors, or other agents (collectively, “Agents”) to use the Paid Products solely for the purpose authorized in this section and on condition that you take precautions to ensure they do not sell the Paid Products in whole or in part, including entering into written agreements binding your Agents to terms at least as protective as these Sales Terms. You may not assign any rights or delegate any duties under these Sales Terms without our prior written consent.

In the event you or your employees or agents breach these Sales Terms you will pay us $10,000 USD, which you agree: (i) has been incorporated into these Sales Terms as a valid pre-estimate of damages that we will sustain which will not be capable of precise determination; and (ii) is not a penalty, but rather is considered the agreed-upon liquidated damages suffered as a result of your using or sharing the template outside of these permitted and expressly limited usage provisions.

20. Please Ask Before Using Or Sharing Our Products We own, or have obtained a valid license to use, the intellectual property rights to all protectable elements in the Products, including without limitation, the logo, images, trademarks, service marks, design elements, layout, graphics, information, materials, documents, data, and text. We reserve all rights not specifically granted in these Sales Terms.

Please ask before using or sharing any of our Products, which you may do by submitting a request on our site’s Contact form or emailing team@thewavepodcasting.com. If we choose to grant you permission, we will provide specific instructions regarding what Products you may use or share and the ways in which you may use or share them, and you agree to comply with our instructions for authorized use. If you choose to use the Products outside our instructions for authorized use, you agree to cease all use immediately and take all actions we require within the timeframe we designate to protect our ownership rights in the Products.

21. Expiration of Purchases

All purchases of services expire six (6) months from the date of purchase. If you do not engage with our team or provide the required onboarding materials within this period, you will no longer be entitled to receive the services you purchased, and no refunds will be issued. It is your responsibility to ensure timely engagement and provision of necessary materials to utilize our services.

CONTACT US

The Wave Podcasting, LLC. welcomes your questions or comments regarding the Terms:

The Wave Podcasting, LLC

8605 Santa Monica Blvd

Suite 952879

West Hollywood, CA 90069

Email Address: team@theavepodcasting.com

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