This Refund Policy applies to all services provided by Elevate Commerce, LLC (“Elevate Commerce,” “we,” “us,” or “our”). By engaging our services, you (“you” or “Client”) agree to the terms of this Refund Policy. This Refund Policy is incorporated into and subject to our Terms of Service. Where the terms of a signed client service agreement differ from this Refund Policy, the client service agreement controls.
1. Project Deposits
All project engagements require a non-refundable deposit of fifty percent (50%) of the total project fee before work begins (the “Deposit”). Elevate Commerce will not begin work until the Deposit is received in full. The Deposit is non-refundable under all circumstances, including cancellation of the engagement before work begins.
2. Cancellation by Client After Work Begins
If you cancel your engagement after work has begun: (i) the Deposit is non-refundable and will be credited against amounts earned for work completed; (ii) you are responsible for payment for all work completed through the date of cancellation, valued in accordance with the phase valuation table in your statement of work; (iii) all amounts previously paid toward the project fee, including the Deposit, will be credited against amounts earned under the phase valuation table; provided, however, that the Deposit remains non-refundable and no portion of the Deposit will be refunded regardless of whether the credited amount exceeds the value of work earned; (iv) if the value of work completed exceeds the amounts previously paid, you will be invoiced for the balance, which is due within fifteen (15) days of the invoice date; (v) you will reimburse all committed and non-cancelable third-party expenses incurred by Elevate Commerce on your behalf; (vi) if your client service agreement includes an early termination fee, that fee applies in addition to amounts earned for work completed and is calculated on the remaining unpaid portion of the project fee; and (vii) no intellectual property rights in any work product transfer to you until all amounts owed have been paid in full. Elevate Commerce will deliver completed deliverables only upon receipt of all amounts owed under this Section.
3. Project Inactivity and Abandonment
If you fail to provide required content, feedback, approvals, access, or other cooperation necessary for Elevate Commerce to continue work, Elevate Commerce may pause the project after seven (7) business days of inactivity following a written request for the required item. Restarting a paused project is subject to Elevate Commerce’s then-current scheduling availability and may require a reactivation fee. If you remain unresponsive for thirty (30) consecutive calendar days after written notice of the pause, the project will be deemed abandoned. Upon abandonment: (i) you will pay for all work completed through the date of abandonment, valued in accordance with the phase valuation table in your statement of work; (ii) all amounts previously paid, including the Deposit, will be credited against amounts earned; provided, however, that the Deposit remains non-refundable and no portion will be refunded regardless of whether the credited amount exceeds the value of work earned; (iii) you will reimburse all committed and non-cancelable third-party expenses incurred by Elevate Commerce on your behalf; (iv) Elevate Commerce has no further obligation to perform Services or preserve the project, production slot, staging environment, or Working Files; and (v) Elevate Commerce retains ownership of all unpaid deliverables. No refunds are issued upon project abandonment.
4. Termination by Elevate Commerce for Cause or Immediate Termination
If Elevate Commerce terminates your engagement for cause (uncured material breach or insolvency) or immediately (for reasons including but not limited to fraudulent chargebacks, harassment, unlawful activity, IP misuse, security risk, fraud, or failure to pay two or more invoices): (i) you will pay for all work completed through the date of termination, valued in accordance with the phase valuation table in your statement of work; (ii) all amounts previously paid, including the Deposit, will be credited against amounts earned; provided, however, that the Deposit remains non-refundable and no portion will be refunded regardless of whether the credited amount exceeds the value of work earned; (iii) you will reimburse all committed and non-cancelable third-party expenses incurred by Elevate Commerce on your behalf; (iv) the early termination fee specified in your client service agreement applies; and (v) all outstanding amounts become immediately due. No refunds are issued upon termination for cause or immediate termination. Elevate Commerce will deliver completed work product only upon receipt of all amounts owed.
5. Termination by Elevate Commerce for Convenience
If Elevate Commerce terminates your engagement for convenience (by providing thirty (30) days’ written notice): (i) you will pay for all work completed through the date of termination, valued in accordance with the phase valuation table in your statement of work; (ii) all amounts previously paid, including the Deposit, will be credited against amounts earned; (iii) Elevate Commerce will refund any portion of amounts paid toward the project fee that exceeds the value of work earned under the phase valuation table; (iv) no early termination fee applies; and (v) Elevate Commerce will deliver all work completed through the date of termination.
6. Termination by Client for Cause
If you terminate for cause due to an uncured material breach by Elevate Commerce (after providing written notice and a fifteen (15) day cure period): (i) you will pay for conforming work completed through the date of termination, valued in accordance with the phase valuation table in your statement of work, adjusted as reasonably necessary to exclude nonconforming work; (ii) all amounts previously paid, including the Deposit, will be credited against amounts earned for conforming work; (iii) Elevate Commerce will refund any portion of amounts paid toward the project fee that exceeds the value of conforming work earned under the phase valuation table; (iv) no early termination fee applies; and (v) Elevate Commerce will deliver all conforming work product.
7. Force Majeure Termination
If a force majeure event (as described in our Terms of Service) continues for more than sixty (60) consecutive days and either party terminates the affected statement of work: (i) you will pay for all work completed through the date of termination, valued in accordance with the phase valuation table in your statement of work; (ii) all amounts previously paid, including the Deposit, will be credited against amounts earned; (iii) Elevate Commerce will refund any portion of amounts paid toward the project fee that exceeds the value of work earned under the phase valuation table; and (iv) no early termination fee applies.
8. Completed Projects
Once a project has been delivered and accepted, no refunds will be issued. Acceptance is deemed to occur upon: (i) your written approval of the deliverables; or (ii) the passage of seven (7) business days following delivery without written objection from you, whichever occurs first, unless a different timeframe is specified in your statement of work. If you are dissatisfied with the delivered work, contact us to discuss revision options as outlined in your client service agreement. Your client service agreement includes a workmanship warranty for a specified period following substantial completion; warranty claims during that period are addressed through corrections, not refunds. Revisions do not include changes in project direction, additional pages or functionality, replacement of previously approved content, or reopening of an approved project phase. Additional revisions beyond those included in your statement of work require a signed change order.
9. Monthly Maintenance Retainers
9.1 Cancellation. Monthly maintenance retainers may be canceled with thirty (30) days’ written notice to info@elevatecommerceatl.com. Cancellation takes effect at the end of the current billing period.
9.2 Refunds. No refunds will be issued for maintenance retainer payments already made for the current or any prior billing period. Unused portions of a billing period are not prorated or refunded. Unused maintenance hours do not roll over to subsequent months unless otherwise stated in your maintenance services addendum.
9.3 Pricing Adjustments. Elevate Commerce may adjust recurring maintenance pricing upon thirty (30) days’ written notice to you. Adjusted pricing takes effect at the beginning of the next billing cycle following the notice period.
10. Third-Party Costs
Third-party costs incurred on your behalf are non-refundable under any circumstances. These costs are paid directly to third-party providers and include but are not limited to: (i) domain registration fees; (ii) hosting fees; (iii) stock images and media licenses; (iv) premium plugins, themes, or software licenses; and (v) third-party software subscriptions such as email marketing platforms, analytics tools, and AI-powered tools. Elevate Commerce is not responsible for obtaining refunds from third-party providers on your behalf. Upon cancellation, termination, or abandonment, you remain responsible for reimbursing all committed and non-cancelable third-party expenses incurred by Elevate Commerce on your behalf.
11. Scope Changes and Additional Fees
Any request to change the scope, deliverables, or timeline of your project must be submitted in writing and agreed to by both parties in a signed change order as described in your client service agreement. Change orders may result in additional fees and adjusted timelines, which will be specified before work begins on the change. Additional fees paid for scope changes are subject to the same refund terms as the original project fee and are non-refundable once the additional work has begun.
12. Chargebacks and Payment Disputes
You agree to contact Elevate Commerce directly at info@elevatecommerceatl.com to resolve any billing questions or disputes before initiating a chargeback, payment reversal, or dispute with your bank or credit card company. If you initiate a chargeback or payment dispute without first attempting to resolve the matter with Elevate Commerce in accordance with this Section and the dispute resolution provisions of our Terms of Service: (i) you remain liable for all amounts owed; (ii) you agree to pay all costs incurred by Elevate Commerce in responding to or contesting the chargeback, including administrative fees and reasonable attorneys’ fees; (iii) Elevate Commerce reserves the right to suspend all work, withhold all deliverables, and immediately terminate your engagement; and (iv) initiation of a fraudulent or unauthorized chargeback constitutes grounds for immediate termination under our Terms of Service, without an opportunity to cure.
13. How to Request a Refund
To request a refund in connection with a termination scenario described in Sections 5, 6, or 7 above, you must submit a written request to:
Elevate Commerce, LLC Email: info@elevatecommerceatl.com
Your refund request must include: (i) your full name; (ii) the date you signed your client service agreement; (iii) the project name or description; (iv) the termination scenario under which you believe a refund applies; and (v) the amount you believe is owed.
We will review your request and respond within five (5) business days of receipt.
14. Refund Method
Approved refunds will be issued using the original method of payment within ten (10) business days of approval.
15. Disputes
If you believe you are entitled to a refund that has been denied, please contact us at info@elevatecommerceatl.com to discuss the matter. Any disputes that cannot be resolved informally are subject to the dispute resolution provisions in our Terms of Service, including the requirement to attempt informal resolution for thirty (30) days before initiating any formal proceeding and the exclusive jurisdiction of the state courts located in Henry County, Georgia, and, where federal jurisdiction exists, the United States District Court for the Northern District of Georgia, Atlanta Division.
16. Contact Us
If you have questions about this Refund Policy, contact us at:
Elevate Commerce, LLC Email: info@elevatecommerceatl.com Website: elevatecommerceatl.com