Last Updated: December 3, 2025
1. Definitions
- Company/We/Us/Our: Howl Consulting, aka Stephen Wayne Shearer – operating the website howl.biz
- Services: Professional web hosting management and marketing services provided by Howl Consulting, including but not limited to managed WordPress website hosting platform, ongoing marketing retainer services, and one-time maintenance or project-based services.
- Client/You/Your: The individual or entity purchasing and using our Services.
- Subscription: A recurring agreement to receive and pay for Services as detailed in your specific service agreement, where applicable.
- One-Time Services: A single engagement for maintenance, audits, or project-based work as outlined in a separate service agreement. One-Time Services are not subject to automatic renewal or subscription terms unless otherwise agreed in writing.
- Platform: The WordPress-based platform through which Services are delivered.
- Payment Gateway: The Stripe ACH payment processing system used for billing and payment collection.
2. Service Description
2.1 Web Hosting Services
Where web hosting is included in your service agreement, the following may apply:
- Server Specifications: We may manage your hosting through Nexcess WordPress hosting platform, ensuring optimal performance and security. Managed hosting services may include monitoring, updates, and maintenance of your WordPress installation.
- Bandwidth and Storage: Storage and bandwidth allocations are based on your specific hosting plan. Details will be provided in your service agreement.
- Uptime Guarantee: Where hosting is provided, we maintain oversight to ensure maximum uptime, working directly with Nexcess support when needed to resolve any issues.
- Backup Policy: Daily automated backups may be maintained through Nexcess, with additional backup management provided by our team where applicable.
- Security Measures: Where hosting is provided, security is maintained through Nexcess’s enterprise-grade infrastructure, supplemented by our additional security monitoring and management.
2.2 Marketing Retainer Services
Where a marketing retainer is included in your service agreement, the following may apply:
- Scope of Services: Marketing services are customized per client agreement and may include:
- Strategic marketing planning and execution
- Content creation and management
- Social media management
- SEO optimization
- Performance tracking and reporting
- Deliverables: Specific deliverables will be outlined in your individual marketing retainer agreement.
- Service Limitations: Services are limited to those specifically outlined in your retainer agreement. Additional services can be added through mutual written agreement.
- Response Times: We will respond to all marketing-related inquiries within one business day during normal business hours.
- Reporting Schedule: Performance reports will be delivered according to the schedule specified in your retainer agreement.
2.3 One-Time and Maintenance Services
Where a one-time or project-based engagement is outlined in your service agreement, the following may apply:
- Scope of Work: Services will be limited to those specifically described in your project agreement or statement of work.
- Deliverables: Specific deliverables, timelines, and acceptance criteria will be outlined in your individual project agreement.
- Completion: Services are considered complete upon delivery of agreed deliverables or written confirmation of project completion.
- Additional Work: Any work beyond the agreed scope requires a new written agreement and separate payment authorization.
3. Subscription Terms
This section applies only to clients on recurring subscription agreements. One-Time Service clients are not subject to these terms unless otherwise agreed in writing.
3.1 Duration
- Initial Term: The initial subscription term is 30 days from the date of first payment.
- Automatic Renewal: Following the initial term, subscriptions automatically renew on a month-to-month basis.
- Cancellation Notice: Clients must provide thirty (30) days written notice prior to cancellation. Notice must be submitted via email.
4. Payment Terms
4.1 ACH Authorization
All payments are processed via ACH bank debit through Stripe.
- Recurring Subscriptions: By subscribing to recurring Services, you authorize Howl Consulting to initiate automatic monthly ACH debit entries from your designated bank account.
- One-Time Services: For one-time or project-based engagements, you authorize Howl Consulting to initiate a single ACH debit entry for the agreed amount upon commencement or completion of work, as specified in your project agreement.
- Failed Payments: In the event of a failed ACH transaction:
- A second attempt will be made within 3 business days
- A $25 NSF fee will be added to the next successful payment
- Three failed attempts will result in service suspension or work stoppage
- NSF Fees: A $25 fee will be charged for each returned ACH transaction.
4.2 One-Time Service Payment
- Due Date: Payment for one-time services is due as specified in your project agreement, either upon initiation or upon delivery of completed work.
- Refund Policy: Refunds for one-time services are not available once work has commenced, except where Howl Consulting fails to deliver agreed deliverables.
- Disputes: Any payment disputes must be raised within 10 business days of the ACH debit date.
5. Client Responsibilities
- Content Provision: Clients must provide all necessary content, logos, brand assets, and access credentials within 5 business days of service initiation. Delays in providing materials may impact service delivery timelines.
- Account Security: Clients are responsible for:
- Maintaining the confidentiality of their account credentials
- Using strong passwords and updating them quarterly
- Immediately reporting any security concerns
- Managing user access for their team members
- Domain Management: Clients must maintain active domain registration and provide timely access for DNS management when required.
- Acceptable Use: Clients agree not to use the Services for:
- Distribution of malware or illegal content
- Sending spam or unsolicited bulk email
- Operating high-risk applications without prior approval
- Mining cryptocurrency or running gaming servers
- Timely Communication: Clients must respond to service-related inquiries within 3 business days to maintain project timelines.
6. Company Rights and Obligations
- Service Modification: We reserve the right to:
- Modify, improve, or discontinue features with 30 days’ notice
- Update software versions and security patches as needed
- Adjust resource allocations based on usage patterns
- Implement emergency security measures without notice
- Maintenance Windows: Scheduled maintenance will be performed during off-peak hours (typically 12 AM – 4 AM EST) with minimum 48 hours notice.
- Emergency Interventions: We may take immediate action, including service suspension or work stoppage, to address:
- Security threats
- Resource abuse
- Network attacks
- Legal compliance issues
- Support Availability: Technical support is available:
- Monday through Friday, 9 AM – 6 PM EST
- Emergency support 24/7 for critical issues
- Response within 1 hour for critical issues
- Response within 4 hours for non-critical issues
- Data Handling: We commit to:
- Maintaining data backups for 30 days
- Implementing industry-standard security measures
- Processing data in compliance with applicable laws
- Providing data exports upon request
7. Intellectual Property
- Website Content Ownership: Clients retain ownership of all original content, including:
- Text, images, and media files
- Custom code developed specifically for the client
- Client-provided databases and data
- Domain names and trademarks
- Marketing Materials Ownership:
- Company retains ownership of marketing templates and frameworks
- Clients receive perpetual license to marketing deliverables
- Custom graphics become client property upon payment
- Photography rights remain with original creators
- License Grants: Clients grant Company limited license to:
- Display client logos in portfolio
- Use client websites as service examples
- Store and modify client content for service delivery
- Create derivative marketing materials
- Usage Restrictions: Neither party may:
- Modify or reverse engineer proprietary code
- Share confidential methodologies
- Use trademarks without written permission
- Reproduce custom designs for other clients
8. Confidentiality
- Confidential Information Includes:
- Business strategies and plans
- Customer and pricing data
- Technical specifications
- Account credentials
- Marketing strategies
- Financial information
- Protection Obligations: Both parties must:
- Use industry-standard security measures
- Limit access to need-to-know basis
- Maintain confidentiality for 3 years after termination
- Report any suspected breaches immediately
- Permitted Disclosures: Confidential information may be shared:
- With employees/contractors who need access
- As required by law or court order
- With written permission from owner
- Duration: Confidentiality obligations survive termination of services for 3 years.
9. Limited Liability
- Service Interruptions: Company’s liability limited to:
- Service credits for downtime
- Pro-rated refunds for extended outages
- Maximum of one month’s service fees
- Data Loss: Company not liable for:
- Data loss due to client actions
- Third-party service failures
- Force majeure events
- Marketing Results: No guarantees provided for:
- Specific traffic increases
- Search engine rankings
- Conversion rates
- Revenue growth
- Monetary Caps: Total liability limited to:
- 12 months of paid service fees for recurring clients
- Total project fee for one-time service clients
- Excludes gross negligence
- Excludes willful misconduct
- Force Majeure: No liability for failures due to:
- Natural disasters
- Internet backbone issues
- Government actions
- Civil unrest
10. Termination
10.1 Termination by Client — Recurring Subscriptions
- Notice Requirements:
- 30 days written notice required
- Must be sent to cancellations@domain.com
- Account must be in good standing
- Refund Policies:
- No refunds for partial months
- Pre-paid services prorated
- Setup fees non-refundable
- Data Retrieval:
- 15 days to request data export
- Additional fees for rush exports
- Format options available
10.2 Termination by Client — One-Time Services
- Cancellation Prior to Commencement: Full refund available if cancelled before work begins
- Cancellation After Commencement: No refund available once work has commenced
- Data Retrieval: Client has 15 days following project completion to request any deliverables or data exports
10.3 Termination by Company
- Grounds for Termination:
- Payment default
- Terms violation
- Illegal activities
- Resource abuse
- Notice Procedures:
- Written notice provided
- 15 days to remedy violations
- Immediate for severe violations
- Service Suspension:
- May precede termination
- No fee credits during suspension
- Reactivation fees apply
- Final Billing:
- All outstanding charges due
- Early termination fees apply where applicable
- Collection costs added
11. Privacy Policy
- Data Collection:
- Usage statistics
- Payment information
- Communication records
- Service analytics
- Information Usage:
- Service improvement
- Communication
- Legal compliance
- Security monitoring
- Third-Party Sharing:
- Payment processors
- Email services
- Analytics providers
- Required by law
- Security Measures:
- Encryption in transit
- Secure data storage
- Access controls
- Regular audits
- Client Data Rights:
- Access request process
- Correction procedures
- Deletion options
- Export capabilities
12. Dispute Resolution
- Governing Law: Minnesota law applies
- Arbitration Procedures:
- AAA rules apply
- Location specified
- Cost sharing
- Binding decision
- Jurisdiction: Ramsey County, Minnesota courts
- Class Action Waiver:
- Individual claims only
- No class proceedings
- Small claims permitted
13. Modifications to Terms
- Notice of Changes:
- 30 days advance notice
- Email notification
- Website posting
- Material changes highlighted
- Acceptance Methods:
- Continued use is acceptance
- Written acknowledgment option
- Opt-out procedures
- Rejection Rights:
- Cancel without penalty
- 15 days to decide
- Service continuation options
14. Contact Information
- Support Channels:
- Website: howl.biz
- General inquiries through website contact form
- Existing clients will receive direct contact information for their account manager
- Billing Inquiries:
- Through your designated account manager
- Secure client portal
- Legal Notices:
- Must be sent in writing to Howl Consulting
- Address provided upon account creation
- Emergency Contacts:
- Provided to active clients
- Emergency support procedures detailed in service agreement
15. Acknowledgment
- Acceptance of Terms:
- Constitutes binding agreement
- Supersedes prior agreements
- Includes all appendices
- Electronic Signature:
- Legally binding
- Equal to physical signature
- Time stamp recorded
- Authority to Enter Agreement:
- Represents having legal capacity
- Confirms authorization
- Binds represented entity
