Usage of Nudge products and services constitutes customer's acceptance of Nudge's Billing Policy, and all customers must comply with this billing policy.
Special note regarding signed Services Agreements:
If you entered into a signed Services Agreement with Nudge, please review your contract for specific terms relating to your obligations in addition this billing policy. In the event the terms of your signed contract conflict with these terms, the signed contract will prevail.
Unless otherwise agreed in writing, all accounts are set up on a prepaid basis, and payment must be received by Nudge before any billable product or service is provided or activated. Customers are required to keep a valid credit or debit card on file to charge for recurring monthly subscription fees, fax or voice broadcast service fees and all email overage fees.
Subscription billing is based on availability of products and services, not based on usage. However, certain fees may be usage-based such as fax, voice broadcast service fees, and email overages. Disabled applications will incur monthly subscription fees, regardless of availability of product in the case of a breach of online terms including but not limited to delinquent accounts.
Customers are responsible for keeping all credit or debit card details and contact information current. This can be done online in some Nudge Coach accounts by selecting "My Account" and making changes under "Billing Information". If this is not available in your account, send an email request to firstname.lastname@example.org to request billing changes.
All recurring subscriptions are automatically invoiced and charged to the credit or debit card on file.
Payment receipts are available to customers upon email request.
The following terms apply to any subscription plan for Nudge Services that is not specifically governed by a signed Services Agreement:
Any subscription payment plan that is not subject to a separate signed Services Agreement with Nudge shall have an initial term of 12-months and shall billed to your credit card on a monthly or annual basis as agreed upon. If cancellation is not requested in writing to email@example.com before the end of the initial 12-month term, then the agreement shall automatically renew for consecutive 12-month periods.
Legal Disclaimer: If you have executed a separate, signed agreement with Nudge, LLC the terms contained therein shall prevail in the event of a conflict with the above.
If you are unsure which term applies to your account with Nudge, please contact us via email to firstname.lastname@example.org to request details of your plan.
Credit or Debit Card Billing:
All credit or debit cards are automatically charged on the customer's specific billing cycle date.
All past due accounts may be assessed interest charges.
In the event any payment is 15 days past due the account may be disabled until balances are paid in full. When disabled, all access will be suspended and data will be unavailable.
Once an account is delinquent 60 days, it may be cancelled due to non-payment. Once cancelled, the customer will not be able to recover any files until the account is current. Application data may be stored for up to 90 days post-cancellation; after 90 days, application data may no longer be available. In this event, the account record and delinquent balance will be submitted to a third-party collection service.
If a customer initiates a chargeback, Nudge may assess a $50.00 processing fee for each individual chargeback.
Nudge may assess a $50.00 processing fee on each returned check.
In the event an account is submitted to a third-party collections service, a $35.00 processing fee may be assessed to the existing account balance. This fee is in addition to any other fees previously assessed on the account.
Nudge shall be entitled to charge interest on any past due amounts at the rate of 1% per month (or the highest legally permissible rate, if less).
Nudge Coach Services and all other Services purchased from Nudge must be used within the timeframe specified at the time of purchase. Specifically, Nudge Coach Services must be used within 60 days after purchase and within 30 days after commencement of use of the Services, unless otherwise stated at purchase. Nudge Coach Services and all other Service fees are nonrefundable. In the event of cancellation, Nudge will not prorate any portion of unused Service fees, and amounts due to Nudge must be paid in full.
Third Party Products and Services
In the event Nudge collects fees for any third party products and/or services, including but not limited to advertising usage, the fees are non-refundable.
Nudge accepts payments via credit or debit card via third party payment processing partner, Stripe. Nudge currently accepts American Express, MasterCard, Discover and VISA credit or debit cards.
Invoices are generated, credit and debit cards are billed, and payments are collected at the beginning of each billing period. Customer billing periods typically begin on the day of the month in which the Nudge Coach account was created for the customer's initial subscription plan unless otherwise noted on a separate signed Services Agreement.
Customers must request to cancel their subscriptions at least 2 days prior to their next billing date in order to guarantee avoiding being charged on the billing date.
In the event of cancellation, customers may still have access to their applications through the end of their final billing period. Nudge will not prorate any portion of unused subscription services. All subscription fees are nonrefundable.
Creating a Cancellation request:
A request to cancel a Nudge application must be initiated at least 2 days prior to the next invoice date. Any request to cancel a Nudge application must be made verbally or via email to a Nudge representative at least 2 days prior to the next invoice date.
Emailed cancellation requests must be sent to email@example.com in order to be valid. Customers are encouraged to keep records of all communications regarding cancellation.
Simply canceling the credit or debit card associated with a Nudge account does not cancel the account. Nudge 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 you speak with an Nudge representative or submit an online request via email to firstname.lastname@example.org if you wish to initiate cancelation of your Nudge account.
Finalizing the Cancellation:
After a request to cancel has been initiated, you must speak with a member of the cancellation team to finalize the cancellation. Cancellations will take effect on the last day of the billing period in which the cancellation was processed by the cancellation team, subject to the terms of the "Subscription Billing" paragraph above.
Cancellation of an account does not dismiss outstanding invoices or nullify previously agreed charges, such as payments for Nudge Coach Services fees, charged in installments or annual contract charges, portions of which may not yet have been invoiced when you cancelled. At the time of cancellation, any outstanding balance must be settled. All cancelled accounts with an outstanding balance may be turned over to a third-party collection service.
Each Nudge customer agrees to provide Nudge 30 days to attempt settlement of any billing dispute before disputing with any third-party credit or debit card company or bank. Should Nudge receive a chargeback from a third-party credit or debit card company or bank on the customer's behalf before Nudge has been given a chance to resolve the issue, Nudge has the right to charge the customer for its time spent in resolving such disputes and any associated fees incurred by Nudge, in addition to the $50 chargeback fee mentioned above.
Regardless of the outcome of the chargeback, Nudge retains the right to collect on any Services or fees that are due. Nudge may submit any disputed amounts to a collection agency. Once a chargeback has been received, Nudge has the right to suspend the account until the matter is resolved.
Subscription and Service fees, including but not limited to those related to the Nudge Coach Service, are nonrefundable and will not be prorated at any time.
Please direct questions regarding this Billing Policy via email to email@example.com or via phone at 423.521.1969.
Last Updated: 13 October 2017