Terms of Service

This Terms of Service (“TOS”) is a legal agreement between you (“Subscriber”) and Urge Interactive, LLC (“Company”), and governs your use of the Company’s services and products. By using the This Terms of Service (“TOS”) is a legal agreement between you (“Subscriber”) and Urge Interactive, LLC (“Company”), and governs your use of the Company’s services and products. By using the Company’s services and products, you agree to be bound by this TOS, as well as the Company’s Acceptable Use Policy (“AUP”).

1. Applicable Law and Venue

This TOS and any disputes arising out of or relating to it shall be governed by and construed in accordance with the laws of the United States and the State of California, without regard to conflicts of law principles. Any legal action or proceeding concerning this TOS shall be brought exclusively in the federal or state courts located in Los Angeles, California.

2. Acceptable Use Policy

You agree to comply with the Company’s AUP, which may be amended from time to time at the Company’s discretion. Violations of the AUP may result in termination of services or other remedies as described in the AUP.

3. Disclosure to Law Enforcement

You acknowledge that the AUP prohibits the use of the Company’s services for illegal activities. As such, you agree that the Company may disclose any information about you, including your IP addresses, account history, and account use, to law enforcement agents upon receipt of a written request corresponding to a subpoena or other court order without further consent or notification to you. The Company also reserves the right to terminate services as set forth in this TOS.

4. Service Rates and Payment

  • (a) You acknowledge that the initial rates and charges for the Company’s services have been communicated to you, and you understand that the Company may change these rates and charges from time to time based on the scope of work and the specificity of talent required to complete the work.
  • (b) Payment for services is due upon receipt of the Company’s invoice, unless otherwise specified. Payments for tangible products and services (e.g., graphic design, website design and development, application design and development, etc.) are due upon delivery, launch, or submission as complete. Any unpaid balances may be subject to late fees, as described below.
  • (c) The Company requires a 50% retainer of estimated project costs before the start of any project or for projects estimated to cost over $2,500, unless otherwise agreed in writing. You must provide a valid credit card for your account, and you authorize the Company to charge this card for the remaining balance upon completion of project deliverables or for any monthly recurring fees, unless otherwise agreed in writing.

5. Late Fees and Collections

  • (a) Payments that are declined for any reason are subject to a $35.00 non-sufficient funds (NSF) fee. Payments made by check that are declined are subject to a $45.00 NSF fee, plus any bank charges incurred by the Company.
  • (b) Service interruptions may occur for accounts that are 10 days past due, and a $15.00 late fee will be assessed. To restore service, you must pay the late fee in addition to any outstanding balances. Delivered products or services with unpaid balances may incur a 10% late fee.
  • (c) Accounts that are not collectable by the Company may be referred to an outside collection agency. If your account is referred for collection, you agree to pay the Company a “Processing and Collection” fee of not less than $75.

6. Subscription-Based Services and Cancellation

  • (a) Monthly marketing packages are subscription-based and require payment in advance of service. Cancellation requires 30 days’ written notice.
  • (b) To cancel your service, you must provide written notice by mail or fax to the Company at the following address or number:

Urge Interactive, LLC
ATTN: Cancellations
7906 Santa Monica Blvd., Suite 201
West Hollywood, CA 90046
Fax: (888) 348-3113

  • (c) Upon receipt of your cancellation notice, the Company will contact you using the telephone number or email address on record to confirm the cancellation. You must verify the cancellation within 48 hours.

7. Paid Media Management Policy

This Paid Media Management Policy outlines the structure, pricing, and limits for our services, including Google Ads, Social Media Ads, and related platforms. These terms apply to all clients utilizing our paid media services and are designed to ensure transparency, scalability, and fair compensation for the services provided.

Management Fees

Our management fees are based on a combination of flat rates for smaller budgets and a progressive percentage-based structure for larger budgets:

  • Flat Fee Tiers:
    • $0 – $5,000 Ad Spend: $800/month minimum fee.
    • $5,001 – $10,000 Ad Spend: $1,500/month.
  • Progressive Percentage-Based Tiers:
    For ad spends exceeding $10,000, management fees are calculated progressively, with each tier’s percentage applied only to the portion of ad spend within that tier:
    • $10,001 – $25,000: 20% of spend in this range.
    • $25,001 – $50,000: 16% of spend in this range.
    • $50,001 – $100,000: 13% of spend in this range.
    • $100,001+: 10% of spend in this range.

Management fees cover campaign setup, optimization, reporting, strategy development, and general account management. Larger budgets may include additional complexity, reflected in these percentages.

Multi-Location Campaigns

For campaigns that target multiple locations, an additional fee will be charged to reflect the increased complexity and management effort. This includes separate targeting, creative assets, and reporting requirements.

  • Multi-Location Add-On Fees:
    • $300–$500/month per additional location beyond the first.
    • Alternatively, 1%-2% of total ad spend per additional location.

The exact fee will depend on the scope of work required for each location.

Ad Focus Limits

Ad focuses are distinct goals or themes within a campaign. Limits by spend include:

  • $0 – $10,000 Ad Spend: 1-2 focuses included.
  • $10,001 – $50,000 Ad Spend: 2-4 focuses included.
  • $50,001+ Ad Spend: 4-6+ focuses included.

Additional Focus Fees: $500–$1,000 per additional focus beyond the included limit.

Bundled Pricing

For clients with multi-location campaigns and additional focuses, bundled pricing includes:

  • Base Management Fee (Flat or Percentage-Based)
  • Multi-Location Add-On Fee
  • Additional Focus Fees (if applicable).

Discounts of 10%-15% may apply for total ad spends exceeding $100,000.

Additional Terms

  • Management fees are billed monthly and are non-refundable.
  • Changes to focuses or targeting mid-campaign may incur additional fees.
  • Platform ad spend is billed separately by the advertising platform (e.g., Google, Facebook).

8. Refunds and Disputes

  • (a) Payments to the Company are non-refundable after 30 days, and costs associated with domain name purchases, advertsing and marketing services are non-refundable at any time.
  • (b) Report any billing disputes within 20 days. Administrative fees of $75–$200 may apply for disputes.
  • (c) Pre-paid credits by corporate partners expire after one year of submission to the Company.

9. Liability Limitations

  • (a) The Company is not liable for interruptions beyond its direct control.
  • (b) Liability for negligence is limited to service fees during the affected period.

10. Entire Agreement

This TOS, along with the AUP, constitutes the entire agreement between you and the Company.

Last Updated: November 21, 2024