Legal Notices

Billing and Refund Policy

For use of the paid Service plans provided by Uplifter, the Customer is subject to the following billing and refund policies (herein “Billing and Refund Policies):

• All fees (herein “Service Fees”) are calculated and charged in CAD if the Customer’s address is in Canada or in USD if the Customer’s address is outside of Canada.
• All Service Fees are exclusive of any applicable governmental taxes, levies or duties, levied at a federal, provincial, state, local jurisdiction or otherwise, including, but not limited to goods and services, harmonized taxes, either currently in force or enacted in future (herein "Taxes").
• The Customer is responsible for all applicable Taxes that arise from or are as a result of their subscription or purchase or Uplifter's products and services. However, to the extent that Uplifter charges certain Taxes (in Canada, GST or HST, if the Customer is located in the provinces of Newfoundland and Labrador, New Brunswick, Nova Scotia, Ontario, and Prince Edward Island, and PST, if the Customer is located in British Columbia or Saskatchewan), the Taxes are calculated using the tax rates that apply based on the billing address the Customer has provided to Uplifter. Any charged Taxes are in addition to the Service Fees for Uplifter's products and services. If the Customer is exempt from payment of any such Taxes, the Customer must provide Uplifter with evidence that includes an original certificate that satisfies applicable legal requirements for attestation to the tax-exempt status. Tax exemptions will only apply from the date Uplifter receives evidence satisfactory to Uplifter of the Customer's exemption. In the event that the Customer is not charged Taxes by Uplifter, the Customer is responsible for determining if Taxes are payable and subsequently self-remitting any payable Taxes to the appropriate tax authorities in the Customer's jurisdiction.
• All paid Service Plans will be subject to a Monthly Fee (herein “Monthly Fee”) paid in advance and a Transaction Fee (herein “Transaction Fee”) as per the rates agreed upon at the time of account activation or renewal.
• Monthly Fees are charged and invoiced on the last calendar day of each month for the Service provided for the duration of the following calendar month. If Uplifter initially provides the Service to the Customer after the first calendar day of the month and more than seven (7) calendar days before the last calendar day of the month, the Monthly Fees for the partial month of service will appear as a prorated charge for the month on the first issued invoice.
• Transaction Fees are calculated and invoiced at the end of the last calendar day of each month for the month they are being charged.
• The Transaction Fees for the Service are calculated on all invoice transactions (herein “Transactions”) marked with a “Paid” status within the Customer’s Site as of the processing time of the Transactions and will be the greater of zero dollars ($0) or the sum of all payments and refunds regardless of payment method processed by the Customer.
• Uplifter provides no refunds. Any account overpayments or account balances less than zero dollars ($0) at time of invoice issuance will be held as credit on account to be applied on future invoices.
• Prepaid Monthly Fees are non-refundable.
• At Uplifter’s sole discretion, accounts that deem to have excess refunds, cancellations or a high number of accounts in excessive arrears will have their accounts subject to review and may be subject to either service termination or subject to additional Service Fees calculated on Transactions excluding refunds or cancellations or on unprocessed transactions.
• Any customized services that are requested will be invoiced in the calendar month as the services are rendered.
• If any billing errors are identified by the Customer, the Customer must contact Uplifter by email at accounts@uplifterinc.com no later than seven (7) days after the billing date to report the billing error for Uplifter to investigate and verify the possible error. If Uplifter verifies the billing error, adjustments will be made on the Customer’s account accordingly.
• Uplifter will not provide adjustments, credits or refunds due to misinterpretation of how Monthly Fees or Transaction Fees are calculated.
• The payment terms for all invoices is 15 days upon receipt. Accounts in arrears will be subject to a late fee calculated at 24% per annum and are subject to having their Services terminated immediately.

Cancellation and Termination

The Customer is subject to the Term of their Customer Agreement with Uplifter. A request to terminate the Service must be provided to Uplifter in writing before the last calendar day of the month to be effective as of the end of the last calendar day of the subsequent month. Any pre-paid amounts will not be refundable. Upon termination, all data and content will be deleted and will be unrecoverable upon cancellation.

Uplifter reserves the right to cancel and terminate accounts or refuse service due to non-payment, abuse of the Service or any other violation of the Terms of Service.

Changing Service Plans

Customers who have not engaged in any long term contracts or promotional term commitments with Uplifter who wish to change Service Plans may do so once within a twelve (12) month period. Customers that wish to change Service Plans more than once in a twelve (12) month period will be subject to a change fee for each subsequent change request.