Due to the nature of the Services, all subscription charges expended or earned by Fuelup for each month are non-refundable.
Client hereby authorizes Fuelup to process payment by the credit card or netbanking payment method agreed-up by Client (or such other credit card or netbanking payment method as is established by Client by notice to Fuelup from time to time) for all Campaign Charges on a monthly basis. Confirmation of payment of all Campaign Charges for the current Campaign Period shall be a requirement of Fuelup’s providing any Paid Advertising Services for such Campaign Period. Client acknowledges that all Campaign Charges must be paid before any amounts are spent for the Campaign Period and that Fuelup may terminate or suspend Paid Advertising Services in the event Client fails to pay such amounts as required herein. Unspent amounts will rollover into the next Campaign Period, with two exceptions: (i) If the Client cancels Fuelup will keep any unspent amounts; and (ii) if the unspent amount is 1000 or less for any bill period, it will not roll over.
Client may change its method of payment on 30-days written notice to Fuelup.
In the event Client and Fuelup agree upon a different Campaign Budget during any Campaign Period, such revised Campaign Budget (and corresponding Campaign Charges) may be applicable in the current Campaign Period, the Campaign Period immediately following the current Campaign Period, or both. Fuelup will confirm to client by electronic mail the details relating to any different Campaign Budget, and the application of such Budget to the current and following Campaign Periods and any other aspects of such different Campaign Budget.
Failure by Client to maintain valid and current payment arrangements with Fuelup may result in interruption or cancellation of the Paid Advertising Services. Such interruption does not relieve Client of the obligation to pay for Paid Advertising Services already provided to Client by Fuelup. If Fuelup is, or becomes, required by law to deduct or withhold any taxes from amounts due to Fuelup from Client, then all amounts due from Client shall be increased so that the Management Fee actually received by Fuelup after deduction or withholding of any such tax, charge or assessment will equal 100% of the Management Fee otherwise applicable.
All amounts not paid by Client shall bear interest at a rate of 1.0% per month (or the highest rate permitted by law, if less). Client agrees to pay all costs of collection (including reasonable legal fees, expert witness fees, court costs, etc.) incurred by Fuelup arising from or relating to enforcement of its rights against Client under this Agreement.
Client is not entitled to any credits, rebates, discounts (volume or otherwise) or refunds provided to Fuelup by any third party online search providers or publishers.
Termination / Cancellation.
This Agreement and any renewal subscription arising hereunder may be terminated by Client by delivery to Fuelup of Client’s intention not to renew prior to the end of the then-current Subscription Period. Any termination notice received later than the end of the current Subscription Period shall be effective immediately following the next applicable Subscription Period.
Upon termination of this Agreement for any reason, Client shall discontinue any use, retention, display or distribution of any of the work product or materials provided to Client by Fuelup hereunder (including without limitation, Fuelup’s trademarks and the Reporting System) and delete from all storage servers and devices all such work product or materials received under this Agreement. Upon termination of this Agreement, Fuelup shall return to Client, delete or destroy (in Fuelup’s sole and absolute discretion) all Client Data (defined herein) provided by Client during the term of this Agreement.
Termination is a remedy in addition to, and not in place of, any other measure(s) which may be available to Fuelup in equity or in law.
In the event of termination by either party, the indemnification provision contained in Section 12 shall survive any such termination and remain in effect for a period of 3 years after termination.
In the event of a termination initiated by Fuelup due to Client’s breach of this Agreement, Fuelup shall retain any remaining balance in Client’s account as partial liquidated damages.