Urge Interactive, LLC (“The Company”) agrees to furnish services and products to the Subscriber, subject to the following TOS (Terms of Service).
Use of Urge Interactive, LLC products and services constitutes acceptance and agreement to Urge Interactive, LLC AUP (Acceptable Use Policy) as well as Urge Interactive, LLC TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of Urge Interactive, LLC and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the company shall not be grounds for early contract termination or non-payment.
The agreement shall be construed in all respects in accordance with the laws of the country of the United States, applicable to all contracts enforceable in that country. Venue will be Los Angeles, California USA.
1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP addresses, account history, account use, etcetera to any law enforcement agent who makes a written request corresponding to a subpoena or other court order without further consent or notification to the Subscriber. In addition Urge Interactive, LLC shall have the right to terminate all service set forth in this Agreement.
2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Subscriber. Subscriber is aware that Urge Interactive, LLC may prospectively change the specified rates and charges from time to time based on scope of work changes and specificity of talent required to complete work.
3. Payment: Establishment of service (e.g. hosting, marketing services, domains, website maintenance, etc) is dependent upon receipt by the company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s recurring service, else on the anniversary date of the year for that year’s service if Subscriber has opted for annual payment. For tangible products and services (e.g., graphic design, website design and development, application design and development, etc), final payment is due at the time it’s delivered, launched or submitted as complete. Clients are required to pay remaining invoice balance due within 24 hours of said delivery to avoid a late fee unless prior arrangements were agreed to in writing by Urge Interactive, LLC.
Urge Interactive, LLC requires a 50% retainer of estimated project costs prior to project launch for all projects estimated to cost at or over $2500. All clients are required to submit a valid credit card to their client account prior to project start and understand that this card will be charged the remaining balance on said credit card for their project at this time unless previously agreed to in writing by both parties.
4. Payments and Fees: Payments via any method which are declined for any reason are subject to a $35.00 NSF fee. Payments via check which are declined are subject to the $45.00 NSF fee PLUS any bank charges which Company incurs. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for non-payment is subject to a $15 late fee which is payable before service will be restored. Products or delivered service balances will incur a 10% late fee. Accounts that are not collectable by Urge Interactive, LLC may be turned over to an outside collection agency for collections. If your account is turned over for collection, you agree to pay Urge Interactive, LLC a “Processing and Collection” fee of not less than $75.
Monthly marketing packages are subscription based, and payment is required in advance of service, and requires a 30-day notice of cancellation. If you desire to cancel your service, follow the proper procedure to do this as outlined below.
5. Refunds and Disputes: All payments to Urge Interactive, LLC are non-refundable after 30 days and the Cost of Domain Name Purchases and marketing services (including website design and development work completed) are non-refundable at any time. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 20 days of the time the dispute occurred. If you dispute a charge to your bank or credit card issuer that, in Urge Interactive’s sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Urge Interactive, LLC an “Administrative Fee” of not less than $75 and not more than $200.
6. Failure to Pay: Urge Interactive, LLC may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Web development projects are due on day of launch unless otherwise agreed upon with client in writing and credit card on file will be charged at this time.
7. Account Cancellation: Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to:
Urge Interactive, LLC
7906 Santa Monica Blvd., Suite 201
West Hollywood, CA 90046
Or you may call or fax the cancellation request to (888) 348-3113. Once you submit your cancellation notice, we will contact you either by the telephone number or email address you have on record to confirm the cancellation. You must then verify the cancellation within 48 hours.
8. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption are difficult to ascertain. Therefore, Subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Urge Interactive, LLC. Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Subscriber for services during the period damages occurred. In no event shall the Company be liable for any special or consequential damages, injury, or loss.
9. Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to Urge Interactive, LLC or it’s domain provider will require a minimum of seven (7) days to be setup and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Urge Interactive, LLC on behalf of the account holder a handling fee may be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
10. Support Boundaries: Urge Interactive, LLC provides technical support to our clients both on and off our maintenance programs. We limit our technical support to our area of expertise. If you can email, we encourage you to email email@example.com for assistance or open a support ticket within your secure account manager. Lastly, we encourage you to check out our knowledge base and any help files available for the service you are having problems with before contacting support.
11. Indemnification: Urge Interactive, LLC wishes to emphasize that in agreeing to the Urge Interactive, LLC Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies Urge Interactive, LLC for any violation of the AUP and TOS that results in loss to Urge Interactive, LLC or the bringing of any claim against Urge Interactive, LLC by any third-party. This means that if Urge Interactive, LLC is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against Urge Interactive, LLC plus all costs and attorneys fees.
18. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you including a current credit card. Email, fax, and telephone contacts are used, in that order of preference.
a. A waiver by the Urge Interactive, LLC of any breach or provision of this agreement by subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
b. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Urge Interactive, LLC. We may assign Agreement at anytime without consent from or notice to subscriber. Urge Interactive, LLC reserves right to cancel customers rights under this contract at anytime without further obligation.
c. Urge Interactive, LLC takes no responsibility for any material input by others and not posted to the Urge Interactive, LLC network by Urge Interactive, LLC. Urge Interactive, LLC is not responsible for the content of any other websites linked to the Urge Interactive, LLC network; links are provided as internet navigation tools only. Urge Interactive, LLC disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
d. Urge Interactive, LLC is not responsible for any damages your business may suffer. Urge Interactive, LLC does not make implied or written warranties for any of our services. Urge Interactive, LLC denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Urge Interactive, LLC.
e. It is absolutely forbidden to host pornographic content or servers on hosting accounts without prior written consent. Any accounts found in violation of this will be subject to immediate cancellation without refund or compensation.
12. Responsibility for Content: You as Urge Interactive, LLC client are solely responsible for the content stored on and served by your Urge Interactive, LLC server/hosting account or products produced by Urge Interactive, LLC.
To the best of our knowledge, any materials or intellectual property created are original and do not infringe upon the intellectual property rights of others.
13. Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.
14. Pay-Per-Click: Pay per click strategies that are bundled with a comprehensive marketing package are considered proprietary to Urge Interactive LLC and are not shared with the client. Reporting on results will be provided upon request.
IMPORTANT NOTICE: *All payments to Urge Interactive, LLC are non-refundable after 30 days (with no refunds available for service based work – see above) and Cost of Domain Name Purchases are non-refundable at any time. Please see above for fees associated with late payments, returned checks and other forms of non-payment.
This document was last updated on January 25, 2015