Billing and renewal

1. Purpose and scope

This Billing and Renewal Policy, the “Policy,” is issued by Upkyo, the trade name of a Limited Liability Company organized under the laws of the State of New Mexico, USA, company number 6867626, referred to as “Upkyo.” It applies to all paid services ordered on upkyo.com, in the client area or in the Upkyo mobile app.

It supplements the Terms of Service, the Refund Policy and the Service Level Agreement. By placing an order, you accept this Policy.

2. Currency and pricing

All prices are quoted and billed in euros. They are displayed before tax. The applicable price is the one shown at the time of the order or renewal, subject to Section 16.

If your payment method is in another currency, the conversion and any foreign exchange or bank fees are applied by your bank or payment provider and are your responsibility.

3. Taxes and VAT numbers

Taxes, including value added tax, sales tax or any equivalent tax, are added to the pre-tax price based on your country of residence and status, as required by applicable law. The tax amount is shown before you confirm your order and on every invoice.

Business customers established in the European Union with a valid VAT identification number must enter it in the client area before ordering. Where the law allows, the invoice is then issued without VAT under the reverse charge mechanism, and you alone are liable for the tax in your country. Upkyo may verify the number and charge tax if it is missing, invalid or cannot be verified. Invoices already issued are not changed retroactively for a number provided later, unless the law requires it.

You are responsible for the accuracy of your address, country and status. If inaccurate information leads to uncollected tax, Upkyo may recover it from you.

4. Payment methods

Upkyo accepts credit and debit cards, processed by Stripe, and PayPal. Upkyo does not store card numbers: they are processed and stored by Stripe and PayPal under their own terms.

By saving a payment method, you authorize Upkyo, through these providers, to charge the amounts due for your orders and renewals until the relevant services are canceled. You represent that you are authorized to use that payment method and agree to keep it up to date.

5. Invoices and client area

Each order and renewal generates an electronic invoice, available in the client area and, where applicable, sent by email. You can view, download and pay your invoices there, and update your billing details.

Invoices are issued in the name and address you provide. Please check these details before paying. Correction requests should be made by ticket within a reasonable time.

6. Billing cycles and due dates

Each service is purchased for the term you select at checkout, such as monthly or annually, from the terms available for that plan. The due date of each service is shown in the client area.

Services are paid in advance. A service is activated once payment is received, unless Upkyo decides otherwise. The renewal invoice is issued before the due date, within the timeframes shown in the client area, and must be paid no later than that date.

7. Automatic renewal

Unless you cancel, each service renews automatically at the end of its term for the same length of term, at the renewal price then in effect.

Before each due date, Upkyo sends you one or more reminders by email or in the client area, stating the service, the renewal date and the amount. On or shortly before the due date, Upkyo automatically charges your saved payment method. If no payment method is saved, you pay the renewal invoice from your client area.

You alone are responsible for renewing your services, including your domain names. A reminder that is not received, for example because of an outdated email address or a spam filter, does not release you from payment and does not make Upkyo liable.

8. Automatic renewal disclosures in the United States

Upkyo complies with U.S. automatic renewal laws, including the federal Restore Online Shoppers’ Confidence Act and California’s Automatic Renewal Law, Business and Professions Code sections 17600 and following, as well as similar laws in other states.

Accordingly, before you place an order, Upkyo clearly and conspicuously discloses that the service renews automatically until canceled, the renewal term, the amount charged at each renewal, how to cancel and, where applicable, the price that applies after a promotional period. Upkyo obtains your affirmative consent to these terms before charging your payment method.

After your order, Upkyo confirms these terms by email or in the client area in a form you can keep. You can cancel online from your client area without contacting support. Upkyo will notify you before any material change to the automatic renewal terms, including a price change, and will send you any reminders required by the law of your state of residence.

9. Turning off automatic renewal

You may turn off automatic renewal or request cancellation of a service at any time from your client area, in the section for that service. For domain names, automatic renewal is managed in the domains section.

To take effect before the next renewal, the change or cancellation must be made before the due date, within the timeframes shown in the client area. The service then remains active until the end of the period already paid and ends without further charges. Removing a payment method does not cancel a service.

Cancellation and its effect on your data are described in the Refund Policy and the Backup and Retention Policy.

10. Failed payments and retries

If a charge fails, for example because the card has expired, has been declined or has insufficient funds, Upkyo will notify you and may retry the charge one or more times on the saved payment method or on any other payment method saved to the account.

You should update your payment method or pay the invoice from your client area. A failed payment does not extend the invoice due date.

11. Late payments

Any invoice not paid by its due date is overdue. Upkyo will send reminders by email or in the client area.

If the invoice remains unpaid, Upkyo may suspend the affected service and then terminate it, within the timeframes shown in the client area. Termination for nonpayment results in deletion of the service data after the recovery period described in the Backup and Retention Policy. Deletion is permanent, and Upkyo is not responsible for any resulting data loss.

Upkyo may also immediately suspend the services of a customer whose payment has been reversed, disputed or flagged as fraudulent. A domain name that is not renewed on time may expire and become unavailable or be registered by someone else, under the registry’s rules and the Domain Registration Agreement.

For business customers, unpaid amounts may bear the late payment interest and fees allowed by applicable law. Upkyo may refer overdue amounts to a third-party collection agency.

12. Reactivation fees

Reactivating a service that was suspended or terminated for nonpayment is not guaranteed. Where possible, it requires payment of all amounts due and may involve a reactivation fee, which will be disclosed to you beforehand.

For an expired domain name, restoration with the registry, where still possible, may involve a restoration fee set by the registry in addition to the renewal price.

13. Payment disputes and chargebacks

Before filing any dispute with your bank, Stripe or PayPal, you agree to contact Upkyo by ticket so we can try to resolve the issue informally.

A payment dispute or chargeback results in immediate suspension of the affected services and account until it is resolved. Upkyo may provide the payment institution with evidence of the order, the delivery of the service and your acceptance of the terms.

An abusive chargeback, meaning one filed without a legitimate reason for a service that was ordered and provided, is a breach of the Terms of Service. In that case, Upkyo may terminate the services and account, refuse future orders and recover from you the amounts due, together with any dispute fees charged to Upkyo by the payment provider, to the extent permitted by law.

14. Credits and account balance

Upkyo may add credit to your account, for example as a Service Credit under the Service Level Agreement, as a goodwill gesture or as a refund issued in the form of credit. You may also add funds to your account when that option is available.

Account credit is automatically applied to your next invoices. It does not earn interest, cannot be transferred and cannot be exchanged for cash, unless the law requires otherwise or the credit results from a refund owed to you under the Refund Policy. Unused credit is forfeited when the account is closed, to the extent permitted by law.

15. Plan changes and proration

You may upgrade or downgrade your plan from the client area when that option is available. When you upgrade during a term, the price difference is prorated for the remaining time and invoiced immediately. When you downgrade, the change takes effect at the next renewal, with no refund for the current term, unless the client area states otherwise.

You are responsible for checking that the new plan fits your needs, including disk space and resources. Upkyo is not liable for data loss caused by moving to a plan with insufficient resources.

16. Price changes

Upkyo may change its prices. A new price applies to new orders as soon as it is published. For an existing service, it applies at the next renewal, provided you were notified by email or in the client area before that renewal, early enough to allow you to cancel.

If you do not accept the new price, turn off automatic renewal before the due date. Otherwise, renewal at the new price constitutes your acceptance.

An increase resulting from a tax change or from a price set by a third party, such as a domain registry or a software publisher, may take effect within the timeframes imposed by that third party or by law.

17. Promotions and renewal pricing

A promotional or introductory price applies only to the first term purchased, or to the period stated in the offer. Renewals are then billed at the standard renewal price, which may be higher and is shown at checkout.

Unless stated otherwise, promotions and discount codes cannot be combined, are not retroactive and cannot be exchanged for cash. Upkyo may limit a promotion to new customers, limit the number of uses per customer and refuse to apply it in case of abuse, including the use of multiple accounts.

18. Fraud prevention and verification

To protect customers and prevent fraud, Upkyo may, before or after activating a service, ask you to confirm your identity, your address or your ownership of the payment method, including by providing supporting documents.

Upkyo may refuse, delay or cancel an order, suspend a service or close an account if the information provided is false, incomplete or cannot be verified, if a payment appears fraudulent or if the order presents a risk. An order canceled for confirmed fraud is not refunded except as required by law or by the payment provider.

19. Invoice retention

Invoices remain available in the client area while the account is active. Upkyo keeps invoices and accounting records for the period required by applicable accounting and tax rules, including after the account is closed.

You are responsible for downloading and keeping your own copies of invoices for your accounting obligations. Personal data related to billing is processed in accordance with the Privacy Policy.

20. Liability, changes and governing law

The limitations of liability, the individual arbitration clause and the class action waiver in the Terms of Service apply to this Policy. Consumers residing in the European Union keep the mandatory protections of their country of residence.

Upkyo may change this Policy. Any material change will be announced by email or in the client area before it takes effect.

This Policy is governed by the laws of the State of New Mexico and the federal laws of the United States. It is published in several languages; if the versions differ, the English version controls.

21. Contact

For any question about an invoice, a payment or a renewal, open a ticket from your client area or email support@upkyo.com.

Mailing address: Upkyo, 1178 Broadway, 3rd Floor #1249, New York, NY 10001, USA.