Terms of Service

This Terms of Service Agreement (“Agreement”) provides the terms and conditions pursuant to which Fuelup, a Hyderabad based partnership firm (“Fuelup”) will provide certain local search marketing, digital marketing and related Services (defined herein) to Client. As used in this Agreement, “Client” means a natural person or legal entity (such as a corporation, limited liability company, private limited, firm, partnership or other entity recognized at law) who subscribes for and receives the Services, together with such person or entity’s affiliates, subsidiaries, successors and assigns.


In consideration of the promises of Client set forth herein (including without limitation Client’s payment of the consideration for the Services as herein provided), Fuelup will provide Client with (i) local search marketing (including review marketing and reputation management) services; and/or (ii) social content generation services (including content generation, distribution, and campaign optimization) (collectively, as applicable the “Services”). Unless Client purchases a multi-location subscription, Services shall correspond to one unique geographic location, which shall be designated and agreed-upon during the sign-up process. Services for separate locations will increase fees payable by Client hereunder.

Client acknowledges that Fuelup provides other services to its customers, such as paid advertising services and website development services. Such other services, if applicable to Client, are covered by separate terms of service agreements between Fuelup and Client and are not covered by this Agreement.

Term; Authorization. Fuelup will provide the Services to Client on a month-to-month basis (each month during which Services are provided to Client hereunder is referred to herein as a “Subscription Period”). A one-time onboarding fee and the first Subscription Period installment payment is due to Fuelup on sign-up. Installment payment amounts are subsequently billed and collected for the upcoming Subscription Period as provided herein.
Client authorizes Fuelup to act on Client’s behalf as Client’s local search marketing provider during the initial Subscription Period and all renewal Subscription Periods, with respect to all Services provided by Fuelup hereunder. Such authorization includes the right to post, publish and edit Client’s Web business profile information and Internet and social media advertisements and (where elected by Client) to post content to such profiles or advertisements.
Ownership of content generated by Fuelup in connection with the Services transfers from Fuelup to Client (where permitted by third party licensing arrangements) only after payment in full by Client of all invoices applicable to such content. Fuelup’s methods of optimization disclosed by Fuelup to Client cannot be copied or used by Client except as expressly contemplated by this Agreement in connection with the Services, and any such right shall terminate upon termination of this Agreement unless expressly authorized in writing by Fuelup. Client acknowledges that, at Fuelup’s expense, a domain name may be registered and hosted with a website, microsite, or landing page created for Client in furtherance of delivery of the Services hereunder. Ownership of a domain name associated with a Site as well as the content, HTML, CSS, and images used to render a Site (where permitted by third party licensing arrangements) is available to be transferred to Client upon request of Client and only after payment in full by Client of all invoices applicable to such material. The Content Management System used to operate a Site is integrated into Fuelup’s proprietary digital marketing system and shall remain the property of Fuelup and shall not be transferable to Client.

In providing the Services Fuelup may utilize and/or make available to Client software owned by third parties and licensed to Fuelup (“Third Party Software”). Client’s use (where permitted) of Third Party Software is governed by software licenses relating to such Third Party Software. These Terms and Conditions do not modify the terms of any Third Party Software license agreements.

Fees and Payment. As consideration for the Services, Client agrees to pay a one-time onboarding fee and the periodic subscription fees associated with the Services requested by Client and identified during the sign-up process. Subscription fees are subject to modification by Fuelup at any time.

All payments to Fuelup for the Services shall be made in immediately available funds, in INR or US Dollars, by credit card (Visa, MasterCard or American Express) or netbanking. Fuelup may retain and store Client’s payment information, including but not limited to, credit card number and expiration date or netbanking account and routing information. Due to the nature of the Services, all sales for each periodic Subscription Period are non-refundable, except as expressly provided herein. Fuelup is authorized to charge the subscription renewal fee for upcoming Subscription Period Services to the credit card or netbanking account provided to Fuelup by Client. Client may change its billing information on written notice to Fuelup. Invoices, where requested by Client, shall be delivered solely by e-mail to Client’s e-mail notice address provided to Fuelup during the sign-up process.

Credit Card or netbanking customers must pre-pay for at least one month’s Services in advance and will be billed monthly in advance of the Services being provided after conclusion of the applicable pre-payment period.

Failure by Client to maintain valid and current payment arrangements with Fuelup may result in interruption or cancellation of the Services. Such interruption does not relieve Client of the obligation to pay for 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 net amount actually received by Fuelup after deduction or withholding of any such tax, charge or assessment will equal 100% of the agreed-upon charges.

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.

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. (a) By Client. 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. (b) By Fuelup. Fuelup may terminate this Agreement and/or suspend all or any portion of the Services at any time, without notice to Client, in the event Client fails to maintain valid payment information with Fuelup, or in the event that Client fails to pay for the Services. Fuelup may terminate this Agreement on at least 60-days written notice to Client in the event that Fuelup should determine that it will cease providing the same type of Services to all other eligible Clients that were receiving such Services as Client.

Fuelup may also decline to provide the Services, cancel the Services or to discontinue processing any subscription for Services not yet performed, at any time, and from time to time, in Fuelup’s sole and absolute discretion, if Fuelup determines in good faith that Client’s business practices: (i) are illegal, immoral, unethical or reasonably likely to expose Fuelup or its affiliates to potential criminal, administrative or civil liability, (ii) may result in damage to Fuelup’s reputation or image; or (iii) present any other issue or concern which Fuelup determines in good faith constitutes grounds for such termination. If Fuelup exercises such right to decline or cancel the Services, Fuelup will provide written notice to Client of such exercise and will refund to Client the un-earned portion of any deposits or subscription payments previously paid by Client in the immediately-preceding subscription period, within thirty (30) days after issuing such notice. Upon cancellation of the Services, Fuelup shall have no further duties or responsibilities except as expressly set forth herein regarding post-termination responsibilities of the parties.