These Ad Service Payment Terms are effective January 1, 2023.
These Ad Service Payment Terms form a legally binding contract between Customer and/or Agent and MyPetsWelcome , govern payments for the Ad Service, and are incorporated into the Ad Terms. All capitalized terms used herein but not defined shall have the meanings set forth in the Self-Service Advertising Terms of Service (the “Ad Terms”)
Additional terms specific to the country in which Customer’s principal place of business is located may apply, as set forth below.
- Customer will pay all charges incurred in connection with the Ad Service based on the applicable billing metric (e.g. impressions, engagements, clicks or other metrics) (“Charges”). Charges will be based solely on MyPetsWelcome ’s measurements and are inclusive of any applicable taxes. Customer will pay all applicable taxes and other government charges. If a purchase is subject to taxes (including value-added taxes (“VAT”) or goods and services taxes) and Customer is required by Applicable Laws to remit and report those taxes, Customer agrees to remit and report those taxes to the appropriate taxing authority.
- To the maximum extent permitted by law, Customer waives all claims related to Charges not disputed in writing 60 days after the applicable invoice or credit card charge. MyPetsWelcome may extend, revise or revoke credit and invoice billing to Customer at any time in MyPetsWelcome ’s sole discretion. Customer is responsible for maintaining the security of its advertising account and acknowledges and understands that Customer will be charged for any purchases placed on or through Customer’s advertising account.
- If Customer sets a daily budget for an Ad campaign, Customer acknowledges that Ads may run that exceed such daily budget, but Customer will not be charged for Charges incurred for Ads that run-in excess of ten percent (10%) of such daily budget.
- Customer will either be an “Invoiced Customer” or “Non-Invoiced Customer.” Invoiced Customers are those to whom MyPetsWelcome extends a credit line and issues invoices for payment on a periodic basis in accordance with the applicable invoicing terms. Non-invoiced Customers are those who make payments at the time of purchase. MyPetsWelcome may classify Customer as an Invoiced Customer or Non-Invoiced Customer in its sole discretion based on factors such as Campaign spend and creditworthiness.
- If MyPetsWelcome classifies Customer as a Non-Invoiced Customer, Customer will submit its payment card information for payment. Customer authorizes MyPetsWelcome or MyPetsWelcome ’s third-party payment processor (currently Stripe and its affiliates) to obtain pre-authorization and charge Customer’s payment card for Charges at MyPetsWelcome ’s convenience, including but not limited to at any time a Campaign is purchased, at any time any changes are made to a Campaign (such as Customer increasing its budget) or, if Customer selects at least one Campaign of 31 or more days, on a recurring basis in accordance with Customer’s Campaign schedules and billing threshold. MyPetsWelcome automatically sets a billing threshold based on the expected 31-day cost of Customer’s first Campaign of 31 days or more, or, for migrated Local Deals and Sponsorship Customers, based on the monthly cost of Customer’s previous subscriptions. Each time Customer’s Campaign spending reaches the billing threshold, MyPetsWelcome will charge Customer’s payment card. At MyPetsWelcome ’s discretion, Customer may modify the billing threshold. If Customer purchases more than one Campaign, MyPetsWelcome may charge Customer’s payment method at the billing threshold on a recurring basis that covers the continuation of one or more Customer Campaigns. Customer is solely responsible for any additional fees (e.g. overage fees) resulting from the use of the payment card for payment. Customer authorizes MyPetsWelcome or its third-party payment processor to store Customer’s information, as updated from time to time, and, if needed, to continue billing the payment method until the Campaign for Ad Service has been fulfilled. If MyPetsWelcome does not receive payment from Customer’s payment card issuer, their agents, or from Customer’s alternative payment method, Customer remains obligated to pay MyPetsWelcome for any Campaigns delivered, and agrees to pay all amounts due upon request from MyPetsWelcome or its agents. CUSTOMER IS RESPONSIBLE FOR PAYING ALL AMOUNTS BILLED TO CUSTOMER’S PAYMENT METHOD, WHETHER OR NOT AUTHORIZED BY CUSTOMER.
- If MyPetsWelcome approves Customer as an Invoiced Customer, MyPetsWelcome will invoice Customer for all Charges and Customer will pay all Charges Net 30 days from its receipt of an invoice, provided MyPetsWelcome may charge Customer’s payment card, if submitted, for late unpaid invoices.
- By purchasing a Campaign, Customer authorizes MyPetsWelcome to obtain credit reports on Customer from one or more credit bureaus, either when Customer purchases a Campaign or any time thereafter. MyPetsWelcome may extend, revise, or revoke credit to Customer at any time in its sole discretion. If Customer’s credit is or becomes impaired, MyPetsWelcome may require payment in advance of any purchase via the Ad Service or may disable Customer’s ability to purchase Campaigns via the Ad Service.
3. Late Payments.
If Customer’s payment method fails, or an invoice becomes past due, MyPetsWelcome may take steps to collect past due amounts using collection mechanisms it deems appropriate and it may terminate Customer’s use of the Ad Service. Late payments will bear interest at a rate of 1.5% per month or the highest rate permitted by law, whichever is less. Customer will pay reasonable expenses and attorney’s fees MyPetsWelcome incurs in collecting late payment.
Customer may pause a Campaign at any time by using the Ad Service. If Customer’s Campaign has already been published, Customer’s Ad Content may run for up to 24 hours after Customer pauses such Campaign, and Customer is responsible for paying for all Charges incurred for Ad Content that runs during that period. Customer may visit MyPetsWelcome ’s Help Center for instructions on how to pause or cancel any Campaigns.
If all of Customer’s Campaigns are paused or cancelled, Customer may request a refund or partial refund of unspent funds by contacting MyPetsWelcome through the Help Center. MyPetsWelcome reserves the right to evaluate refund requests on a per-case basis and may refuse to provide a refund, including in circumstances where excessive requests have been made or Campaigns have been removed by MyPetsWelcome for violation of MyPetsWelcome ’s published terms or policies. For Non-Invoiced Customers, it may take 3-5 business days for the refund to appear in the Customer’s payment method account. Customer agrees that the above-described refund constitutes Customer’s sole and exclusive remedy, and that Customer is responsible for, and Customer’s payment method may be charged for, all fees associated with Campaigns already published before cancellation.
6. Agency Liability.
If Agency uses the Ad Service on behalf of a Customer then MyPetsWelcome may hold Agency liable for Charges solely to the extent Agency has received payment from the Customer for such Charges. In the event MyPetsWelcome does not receive payment when due, MyPetsWelcome may immediately seek payment directly from the Customer. Agency agrees to make every reasonable effort to collect and clear payment from the Customer on a timely basis. Upon request from MyPetsWelcome , Agency will make available to MyPetsWelcome written confirmation of the relationship between Customer and Agency, which confirmation shall include at a minimum: (i) Customer’s acknowledgment that Agency is its agent and is authorized to act on its behalf in connection with the Ad Services and (ii) whether Customer has paid Agency advance funds sufficient to make payments for Charges incurred in connection with the Ad Services.