Incorporated Terms – Fees and Billing
Date of Last Revision: May 21, 2018
The terms below are incorporated into, and form an integral part of, the SalesDrive.com Terms of Service. Unless otherwise defined herein, capitalized terms shall have the meaning ascribed them in the Terms of Service. Any breach of the terms below will be deemed a material breach of the Terms of Service.
SalesDrive.com fees are due in the amount and at the billing date cycle identified on the Website. If you are purchasing Services with a payment card, SalesDrive.com will automatically charge your payment card based on your billing date until you validly cancel the Services.
Fees are based on the Services purchased, regardless of actual usage and are non-refundable. SalesDrive.com does not provide refunds or credits for any partial days, months or years and does not provide refunds to customers, whether or not a customer has logged in or used the Services.
All fees are exclusive of all applicable governmental fees, charges, or taxes, including, without limitation, all sales, goods, services, value-added, harmonized, or other taxes (collectively “Taxes”). You will be responsible for the payment of all Taxes applicable to your use of the Services.
- Billing Policies and Cycles.
All billing invoices and payment notifications will be maintained through your SalesDrive.com Account control panel. The billing cycle begins on the Billing Date for all of your stores and is due on that day for each subsequent subscription period. The “Billing Date” means (i) your existing Billing Date, if you already have an existing account with one or more stores, or (ii) the day of the month on which you purchase a Services subscription, or convert from a trial subscription to a paid subscription, if you do not already have an existing account with one or more stores.
- SalesDrive.com Analytics.
Fees for the SalesDrive.com Analytics Service are charged in advanced based on your store plan. If you add the SalesDrive.com Analytics Service, you will be billed for that Service on the monthly Billing Date, and the fees for any partial period will be billed on a prorated basis. The SalesDrive.com Analytics fees will be calculated based on your store plan for the preceding 30 days, which will determine the applicable pricing tier as posted on the Website.
- Late Payments.
If Service fees are not paid on the Billing Date, interest will accrue on such outstanding fees at the rate of 1.5% per month, or the maximum legal rate allowed by law, whichever is less. SalesDrive.com may suspend your access to the Services during any period in which payment of fees is overdue. A suspension will not terminate the Terms of Service or relieve you of any obligations or liabilities. You will reimburse SalesDrive.com for any costs of collection.
If Customer is materially delinquent in payments or expresses intent not to make further or timely payments, then upon SalesDrive.com’s written notice, all fees remaining unpaid and due for the remainder of the then-current term will become accelerated and due and payable immediately.
- Disputed Charges/Billing Inquiries.
It is your obligation to review all billing invoices for accuracy. You have 30 days from the date of a billing invoice to notify SalesDrive.com, in writing, that you dispute the charges. Failure to do so within the specified time frame will constitute your agreement that (i) all charges are valid, and (ii) you waive any claims you may have had regarding such charges.
- Pricing Changes.
SalesDrive.com reserves the right to change or modify its fees, and these Fees and Billing terms, at any time, and such changes or modifications will be posted on the Website and effective immediately upon the next subscription renewal, Billing Date, upgrade, or downgrade of the Services, whichever is applicable and occurs first. SalesDrive.com will have no obligation to provide you with any notice thereof, other than posting to the Website. SalesDrive.com, however, will provide at least 30 days’ notice prior to making any pricing modifications effective.
- Automatic Upgrades. If you do not qualify for your then-current Service plan, then SalesDrive.com may automatically upgrade you to a Service plan for which you do qualify.
- Upgrade Payments. Should you elect to upgrade your Services, or if your Services are automatically upgraded, then the Billing Date of the next renewal period will remain the same, but you will be billed immediately the pro-rata upgraded Services Fee for the remainder of the billing period. For example, if a month-to-month customer were billed on October 9 for monthly prepaid Services from October 9 to November 8, and the customer’s account were upgraded to be effective on October 30, then the customer would be charged immediately for the pro-rata usage of the upgraded plan from October 30 to November 8. On November 9, the customer would be charged for the full monthly fee amount of the upgraded plan.
- Downgrades. Should you elect to downgrade your Services, the downgrade will take effect on the commencement of the next renewal period. SalesDrive.com does not provide credits or refunds on downgrades that are effective during the applicable billing period (whether such period is a month, quarter or year). For example, if a month-to-month customer were billed on October 9 for prepaid Services from October 9 to November 8 and such customer were to provide notice of the downgrade of the prepaid Services on October 30, then the downgrade would take effect on the next Billing Date, November 9.
Please click here for instructions on how to cancel Services. You must notify SalesDrive.com of your intent to cancel Services at least 2 business days before your Billing Date (other than Analytic Services). If notice is not received 2 business days before your Billing Date, your Services will automatically renew for the next renewal period and the Service will be cancelled upon the expiration of that renewal period. Business days are 8 AM to 6 PM CST, Monday through Friday, excluding nationally recognized holidays. You may cancel Analytics Services at any time by notifying BigCommerce. If your Analytics Services cancellation notice is received after your Billing Date, you will be billed based on your store’s rate plan preceding receipt of your cancellation notice and prorated based on usage.