BILLING POLICIES & FEES
General
Use of Nerdly LLC products and services (including but not limited to Nerd Marketing Agency) constitutes your acceptance of and agreement to comply with Nerdly's billing policy.
All accounts are set up on a prepaid basis. Payment must be received by Nerdly LLC before any billable product or service is provided/activated. In the event of a trial period, payment information must be on file before your account is created. You are required to keep a valid credit/debit card on file to charge for recurring monthly subscription and overage fees. All recurring subscriptions are automatically invoiced and charged to the credit/debit card on file.
Trial subscriptions are limited to one trial per person, per product. The purchase and subsequent cancellation of multiple trials may result in permanent closure of the account.
If it is determined that any user fails to pay the agreed upon monthly or annual payments by exploitation of any self billing feature, all associated accounts may be terminated immediately, without warning, and the user will be billed for all unpaid usage.
Subscription billing is based on the availability of products and services within the parameters defined by their packages. Certain fees may be usage-based (e.g. in Nerdly for e-mail, texts, phone calls, hosting/bandwidth, domain names overages, courses, training, events, etc.).
Payment receipts are provided electronically with each purchase, and may also be provided upon customer request.
Billing Cycle
Credit/Debit Card Billing: All credit/debit cards are automatically charged on the customer's specific billing cycle date.
--Payment failure: In the event a credit/debit card fails to charge successfully, access to the product will immediately cease.
--Deactivation: Nerdly LLC reserves the right to remove customer application data from its servers after nonpayment.
--Cancellation of a subscription immediately closes access to the account. If there is time remaining on a subscription year, please contact support to reinstate access.
Fees
--Collections Fee: 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.
--Chargebacks: If a customer initiates a chargeback, Nerdly LLC may assess a $50.00 processing fee for each individual chargeback.
--Interest: Any charges not paid when due are subject to interest at a rate equal to the lesser of: (i) one and one-half percent (1.5%) per month; or (ii) the maximum interest rate allowed by applicable law.
Payment Methods
Nerdly LLC accepts payments from most major credit cards.
Subscription Billing
Invoices are generated and payments are collected at the beginning of each billing period. Customer billing periods typically begin on the day of the month (or year for yearly plans) in which the customer purchased the Nerdly LLC subscription. Customers must request to cancel their subscriptions at least 10 days prior to their next billing date in order to avoid being charged on the billing date. Nerdly LLC will not prorate any portion of unused subscription services. All subscription fees are nonrefundable except as described below.
Account Limits
Nerdly LLC may provide a set amount of email, text, and telephony credits. You are responsible for the cost/charge of any use above that and will be billed automatically for that usage.
Email/Text/Telephony consumption limits: amount of system resources you may consume, without extra charge, through a standard monthly billing cycle.
Billing
At present, email, text, and telephony (calls) are the only features for which monthly allotments have been established and additional usage fees apply. Note that any Nerdly LLC refund policies that exist DO NOT APPLY to usage fees.
These fees are indicated here below. The fees and limitations will be updated from time to time. Your continued use of the Software is your agreement to the current rates. Nerdly LLC strives to keep the fees fair:
--Email: For each email, you will incur a charge of US $0.0014. $10.00 gives approximately 7,145 emails.
--Text/Calls: Phone/SMS services are billed at the rate of $0.028/min outbound calls, $0.017/min inbound calls, $0.016 text messages. $10.00 gives approximately 355 outbound call minutes OR 590 inbound call minutes OR 635 text segments. A text segment is 160 characters or less sent in one SMS text. All rates are based on US calls from a US number. International call rates may be different and vary. Twilio also incurs a $1.15 monthly fee for using one of their phone numbers, regardless of whether you are actively using the phone number for text/calls.
You can review and monitor charges in your billing profile.
Normal, Reasonable Business Use
Nerdly offers unlimited features within normal and reasonable business use limits. Normal and reasonable use of unlimited plans must be consistent with the type and level of usage per typical customers in the particular plan.
Excessive Use Of Unlimited
Businesses engaging in these practices may cause a degradation in the service Nerdly LLC provides. Unauthorized or excessive use beyond that normally experienced by business customers may lead to account throttling, suspension, or termination. Unlimited is not to be shared with any other independent or separate account, individual or user by any means. For this reason, Nerdly LLC may consider “excessive” and per its sole discretion including, but not limited to:
•-Unreasonable number of requests to our servers
•-Volume of page views
•-Volume of video views
--Video streaming bandwidth consumed
•-Number of videos uploaded per day, week, month...
•-Number of emails sent per day, week, month...
•-In addition, plans with unlimited access to features cannot, under any circumstances, be used for providing a video service, email service, or other high volume or multi-person video or email purposes.
Nerdly LLC further reserves the right to withdraw or change any unlimited feature at any time. If Nerdly makes any change(s) to an unlimited feature, you will receive a notification describing the change(s) to the relevant unlimited feature and the date such changes take effect.
Package Upgrade/Downgrade
Nerdly subscriptions are purchased on a fixed-term basis: monthly or yearly, depending on the plan you registered for.
Account downgrades require communication with Nerdly LLC's support portal (find the link at the footer of the page) and will also go into effect the following billing cycle. It is up to the subscribing member to ensure that they have removed any data that might be lost due to a downgrade.
Refund Policies
Nerdly LLC has a strict NO REFUND policy. Access to the software constitutes access to proprietary information, training, resources, and materials that can be downloaded and used by the subscriber. Therefore REFUNDS are not granted for any reason. If you have problems with the software, please communicate with our excellent support staff available in our ticketing system, live chat, zoom support, office hours calls, and email at [email protected].
Nerdly LLC may either refuse a refund request or disallow repurchase of a previously refunded product if we find any evidence suggesting fraud, refund abuse, trial abuse, or other manipulative behavior that allows use of the product without payment.
Cancellation Process
Creating a Cancellation request: A request to cancel a Nerdly LLC application must be initiated at least 10 days prior to the next invoice date. For Nerdly users, cancellation must be done via your account at https://nerdly.io. Any other request to cancel a Nerdly application must be made via our customer support portal (find link at the footer of this page) with a Nerdly representative at least 10 days prior to the next invoice date. Customers are encouraged to keep records of all communications regarding cancellation. Until a cancellation request is made, or a cancellation is processed via the https://nerdly.io portal, Nerdly LLC will continue to treat it as an open account. Unless cancelled, the billing cycle will continue, possibly resulting in a past due account that may be turned over to a third party collection service. It is imperative that you chat with a Nerdly representative or utilize the self-service option to initiate cancellation of your Nerdly account.
Cancellation of an account does not dismiss outstanding invoices or nullify previously agreed charges. 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.
Billing Disputes
Each Nerdly LLC customer agrees to provide Nerdly LLC 30 days to attempt settlement of any billing dispute before disputing with any third-party credit/debit card company or bank. Should Nerdly LLC receive a chargeback from a third-party credit/debit card company or bank on the customer's behalf before Nerdly LLC has been given a chance to resolve the issue, Nerdly LLC has the right to charge the customer for its time spent in resolving such disputes and any associated fees incurred by Nerdly LLC, in addition to the $50 chargeback fee mentioned above. Regardless of the outcome of the chargeback, Nerdly LLC retains the right to collect on any Services or fees that are due. Nerdly LLC. may submit any disputed amounts to a collection agency. Once a chargeback has been received, Nerdly LLC has the right to suspend the account until the matter is resolved.
Applicable Taxes
The Fees do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). Customer agrees to pay applicable direct or indirect Taxes associated with its purchases hereunder, which, to the extent Nerdly LLC is legally required to collect the same, will be itemized on the product invoice. If Customer has an obligation to withhold any amounts under any law or tax regime (other than U.S. income tax law), Customer will gross up the payments so that Nerdly LLC receives the amount actually quoted and invoiced. If Nerdly LLC has the legal obligation to pay or collect Taxes for which Customer is responsible under this section, the appropriate amount will be invoiced and paid by the Customer, unless, prior to the invoice date, the Customer provides Nerdly LLC with a valid tax exemption certificate authorized by the appropriate taxing authority.
This document was last updated on May 3, 2023.
