One Up Digital

Last updated: August 6, 2018

One Up Digital is a division of One Up Digital LLC, a Michigan limited liability company (collectively, “One Up Digital”). This page explains the One Up Digital billing terms and conditions for monthly subscription billing service for small business advertising product (the “Services”).

By purchasing the Services, setting up an account to use the Services (“Account”), accessing the information, resources, services, products, and tools One Up Digital provides, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (“Billing Policy”) along with the terms and conditions as stated in our Terms of Service or “Terms” (https://oneupdigital.com/terms/) and Privacy Policy (https://oneupdigital.com/privacy-policy/).

General Billing

To the extent the Services or any portion thereof is made available for any fee, you will be required to select a payment plan and provide One Up Digital information regarding your credit card or debit card (collectively, “Payment Instrument”). Acceptable Payment Instruments are credit or debit cards issued by American Express, MasterCard, Discover and Visa through the Stripe payment processing tool. Stripe is not affiliated with One Up Digital LLC and the use of their tools and any harm or interference from Stripe tools does not fall onto One Up Digital LLC. Checks are not an accepted method of payment at this time.

You represent and warrant to One Up Digital that such information is true and that you are authorized to use the Payment Instrument. You will promptly update your Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.

We offer a minimum service plan subscription period of 1 months, in addition, a six (6) month or twelve (12) month pre-pay plan subscription option may be offered at a discounted rate.

The monthly fee is used as an ad budget, and an ad budget is used for your internet advertising (less service fees) (“Monthly Ad Budget”). Monthly Ad Budgets are billed monthly and will reoccur at the same rate unless and until you notify One Up Digital in writing or via your custom dashboard access. Monthly Ad Budget amounts are set for a monthly period and cannot be adjusted during any given time during the monthly term. The adjustment will begin on the next Billing Date (as defined below).

You will be issued an invoice detailing charges dependent upon the plan subscription you have selected. Once this invoice is signed, dated and received by One Up Digital, the service term will commence and all corresponding payments are due and owing.

You agree to pay One Up Digital the amount that is specified in the payment plan in accordance with the terms of such plan subscription and this Billing Policy. You hereby authorize One Up Digital to bill your Payment Instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your Account, and you further agree to pay any charges so incurred. If you dispute any charges you must let One Up Digital know within thirty (30) calendar days after the date that One Up Digital invoices you.

One Up Digital reserves the right to change plan subscription prices. If One Up Digital does make a pricing change, One Up Digital will provide notice of the change on the Site or in an email to you, at One Up Digital’s option, at least thirty (30) calendar days before the change is to take effect. The pricing change will take effect on first Billing Date after your initial plan subscription period. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount.

Accounts

All Accounts are set up on a prepaid basis. Payment must be received by One Up Digital before any Service is provided and the Account is activated. You are required to keep a valid Payment Instrument on file to charge for recurring monthly plan subscription fees, ad budget or add-on services.

Customers are responsible for keeping all Payment Instrument details and contact information current. This can be done online through the Settings Tab in the custom dashboard access. To access the Account settings to change/update the Payment Instrument, you should log in to your Account, click on Settings Tab and then click on the Payment Settings on the left sidebar.

All recurring plan subscriptions are automatically invoiced and charged to the Payment Instrument on file.
Invoice and payment receipts are available to customers upon request or through our Billing Department. You can reach the Billing Department by live chat on the One Up Digital website or email [email protected]

Billing Cycle

All Payment Instruments are automatically charged on your specific billing cycle date. Customer billing periods typically begin on the day of the month in which your Account was activated (“Billing Date”). If the Payment Instrument is declined on the Billing Date, the Account is disabled. One Up Digital will attempt to charge the Payment Instrument on file for no more than ten (10) calendar days.

One Up Digital will attempt to charge the Payment Instrument on file for the full term of the contract.
All Accounts more than ten (10) calendar days past due may be assessed a late fee, in One Up Digital’s sole discretion. No more than three (3) attempts to contact the customer will be made before any late fee is assessed.
Any Account that is past due will be disabled until balances are paid in full. When disabled, all access will be suspended and data will be unavailable.

After an Account is delinquent for thirty (30) calendar days, it will be canceled. Once canceled, you will not be able to recover any files until the Account is current. Application data will be stored for 10 days post-cancellation. After that, application data will not be available. Further, the Account record and delinquent balance will be submitted to a third-party collection service.

Fees

If a customer initiates a chargeback, One Up Digital may, in its sole discretion, charge a $50.00 processing fee for each individual chargeback.

In the event an Account is submitted to a third-party collections service, a $15.00 processing fee may be assessed to the existing Account balance. This fee is in addition to any other fees previously assessed on the Account.

Interest: Any charges not paid when due are subject to interest at a rate equal to the lesser of: (i) one and one-half percent (1.5%) per month; or (ii) the maximum interest rate allowed by applicable law.

Plan Subscription Billing

Payments are collected at the beginning of each billing period on the Billing Date. Customers may cancel their plan subscriptions at any time after the plan subscription period has expired. In the event of cancellation, you will still have access to your applications through the end of your current billing period. One Up Digital will not prorate any portion of unused plan subscription services. All plan subscription fees are nonrefundable.

Cancellations

You may not cancel the Services during the initial paid for plan subscription period. Cancellations made at the end of the plan subscription period or thereafter, must be submitted in writing or email to [email protected] and confirmed in writing by a One Up Digital representative. Email cancellation requests, alone, do not constitute acceptance of any cancellation. The cancellation is not complete until you receive a writing from the One Up Digital representative confirming the cancellation. Customers are encouraged to keep records of all cancellation communication. Cancellations will take effect on the last day of the billing period in which the cancellation request was received.

Closing an Account with One Up Digital cannot be done by simply canceling the Payment Instrument. One Up Digital will continue to treat this as an open Account and the billing cycle will continue, resulting in a past due Account that may be turned over to a third-party collection service. It is imperative that Account cancellation is done through a One Up Digital representative to ensure Account closure.

Cancellation of an Account does not dismiss outstanding invoices. At the time of cancellation, any outstanding balance must be settled. All canceled Accounts with an outstanding balance may be automatically turned over to a third-party collection service.

Billing Disputes

You agree to provide One Up Digital thirty (30) if days to attempt settlement of any billing dispute before disputing with any third-party Payment Instrument company or bank. One Up Digital must be the first option in billing disputes. Should One Up Digital receive a chargeback from a third-party Payment Instrument company or bank on the customer’s behalf before One Up Digital has been given a chance to resolve the issue, One Up Digital has the right to collect on the rendered services and any fees associated with those disputes. Regardless of the outcome of the chargeback, One Up Digital retains the right to collect on any rendered services or fees that are due. One Up Digital will submit any disputed amounts to a collection agency. Once a chargeback has been received, One Up Digital will immediately suspend the Account until the matter is resolved.

Refunds

Pre-paid plan subscription fees and set-up fees are nonrefundable.

Local Digital Advertising Management Fee

You agree to provide One Up Digital with up to thirty-three percent (33%) of your monthly subscription fee for the management fee. Sixty-seven percent (67%) of your monthly subscription fee will be used for online advertising budget to One Up Digital’s advertising partners. A management fee is the amount of money One Up Digital will use as the cost of managing your online services and access to the One Up Digital products and custom dashboard.

Local Search Engine Marketing Management Fee

You agree to provide One Up Digital with up to one-hundred percent (100%) of your monthly subscription fee for local search engine marketing services. A management fee is an amount of money One Up Digital will use to render the services for Local Search Engine Marketing every month and access to the One Up Digital services and tools and custom dashboard.