Cancellation Policy

Term and Termination

1.1. The term of this Agreement will continue on a month to month basis until a new Agreement is entered into or the parties terminate their relationship pursuant to this agreement, commencing on the Effective Date.

1.2. Although the Onboarding & Set-up Fees are mandatory and non-refundable, the Service Package Fees may be terminated by either the Provider or Customer at any time for any reason, with or without cause, by giving the other party not less than thirty (30) days from written notice of termination. Customer may also change Service Packages at any time for any reason by giving Provider thirty (30) days written notice. THERE ARE NO PARTIAL PAUSINGS OF SERVICE, ANY CHANGE IN SERVICE REQUIRES A 30-DAY NOTICE.

1.3. If either party breaches any provision of this Agreement, the non-breaching party shall, upon providing written notice of such breach, be entitled to immediately terminate this Agreement, provided such breach is not cured within thirty (30) days following such notice. If termination ends in the middle of a month, charges will be prorated for that month.

1.4. Customer acknowledges that Provider must retain access to all accounts through the end of Termination. If access is revoked prior to the end of the Agreement, Provider reserves the right to invoice an estimated amount at the sole discretion of the Provider even if services are unable to be provided as a result.

1.5. In the event that a previous contract exists between Provider and Customer, the terms of this Agreement shall override and replace any prior agreements only for the services outlined in this Agreement. This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, negotiations, representations, and proposals, written or oral, related to the same services.

1.6. Proprietary Shopping Feed Management Upon PPC Cancellation
This section applies only to Customers who have engaged Provider for Pay-Per-Click (PPC) services and for whom Provider is managing the shopping feed.

If Customer terminates PPC services while Provider is managing the shopping feed, the following conditions apply:

a. Ownership of Shopping Feed Data: The shopping feed data generated through PPC services remains the property of the Customer. Customer may download and utilize the output feed from Google Merchant Center (GMC) as needed.

b. Proprietary Transformation Process: The methods, processes, and tools used by Provider to transform and manage the shopping feed, including those within DataFeedWatch, are proprietary to Provider. Provider shall not transfer, share, or provide access to these proprietary transformation processes or tools to the Customer.

c. Continuation of Services: Provider may, upon mutual agreement, continue to manage and transform the shopping feed after the termination of PPC services for an additional fee agreed upon by both parties.

Charges, Billing, and Relationship

2.1. Provider agrees it will not make any changes to the Customer’s website without prior written or verbal approval by the Customer.

2.2. Customer shall pay the fees as indicated in the "Your Proposal & Pricing" section above. For the purpose of clarity, the One Time Onboarding & Set-up Fee will be charged upon signing this Agreement. The Monthly Service Packages will be invoiced at the end of each month for the previous month's services. If the start of this Agreement falls in the middle of a month, the Monthly Service Package Fees will be prorated.

2.3. At the end of each Provider billing cycle, Provider will invoice Customer for all Fees incurred by Customer during such billing cycle. Customer will pay the invoice in full within fifteen (15) days of receipt. Provider accepts two forms of payment. This includes automatic ACH (no processing fee) or automatic Credit Card (3% processing fee). PROVIDER DOES NOT ACCEPT CHECK BY MAIL OR CLIENT INITIATED PAYMENTS. By signing, Customer agrees to pay using one of these payment methods initiated by Provider. Provider will initiate the payment eight (8) days from invoice date, leaving seven (7) days for the money to clear Provider’s account(s). If full payment is not able to be made, a charge equal to five percent (5%) of the outstanding balance will be added to the balance due, not to exceed the maximum legal limit permitted by law. If the balance is not paid in full within thirty (30) days of Customer’s receipt of the invoice, the Services shall be suspended until all past due charges are paid, and Customer shall be in default of this Agreement. Customer will continue to be responsible for any monthly minimum charge during any period that Services are suspended or not delivered due to Customer’s breach. Delinquency may affect Customer’s credit rating.

2.4. If it becomes necessary for Provider to enforce this Agreement through an attorney, collection agency, or directly through small claims court, Customer shall pay all attorney’s fees, agency fees, court costs, and other collections costs, including without limitation, post-judgment costs for legal services at trial and appellate levels.

2.5. Upon the termination of this Agreement as set forth above in Section 2, (Termination), Customer shall pay Provider in full for all products actually delivered and services actually performed by Provider under this Agreement prior to the effective date of such expiration or termination.

2.6. Provider will act as an independent contractor under the terms of this Agreement for the purpose of providing specific Services to Customer. Provider shall retain the power and authority to supervise and control performance of the Services by Provider’s employees or agents, including the power to discipline, hire and terminate Provider’s employees and/or agents. Nothing in this Agreement shall be construed to (a) give either Party the power to direct or control the daily activities of the other Party, or (b) constitute the parties as employer and employee, franchisor and franchisee, licensor and licensee/sublicensor, partners, joint venturers, co-owners or otherwise as participants in a joint undertaking.

2.7. Each Party shall bear and pay all of its own taxes (including, without limitation, income taxes) arising under applicable laws in connection with the performance of this Agreement.

This document was last updated on 2/20/25.