The complete terms of a paid engagement — in plain language, on one page. You review and accept this before any payment is taken.
This Service Order and Agreement (the “Agreement”) is between Joby Gran, an individual doing business as Updigitly (“Updigitly,” “we,” “us”), of 1846 E Innovation Park Dr, Oro Valley, AZ 85755, and the business that enrolls (the “Client,” “you”). The specific commercial terms of your order — the plan you selected, the start date, the fixed end date, the amount charged today, the recurring charge, and the minimum total obligation (together, your “Order”) — are shown on your enrollment review and confirmation and are recorded with your acceptance. Those Order details and these terms together form one agreement.
You confirm that the business named in your Order is the contracting party, that the information you provided is accurate, and that the person accepting this Agreement is authorized to enter into it on that business’s behalf.
We provide managed digital growth services across four areas — foundation, visibility, growth, and intelligence — at the depth of the plan identified in your Order (Essential or Growth Engine), as described on our Pricing and System pages. We prioritize and manage the work most likely to improve performance for your plan; work is operated on your behalf on an ongoing basis rather than as a fixed list of tasks. Additional locations, brands, channels, production, and specialized systems are outside standard scope and are handled under Section 7.
Your engagement begins on the start date shown in your Order and runs for a fixed initial term of 6 months, ending on the end date shown in your Order (the “Initial Term”). You commit to the full Initial Term. If you stop payment during the Initial Term, you remain responsible for the fees for the Initial Term as they come due under your payment schedule, and we may pause or suspend services as described in Section 11. We are not adding any early-termination penalty or accelerated lump-sum charge beyond the fees you already committed to for the Initial Term.
You pay the fees on the schedule shown in your Order: either monthly for the Initial Term, or a single prepayment (6-month or annual) covering its period. The amount charged today, the recurring charge, and the minimum total obligation for the Initial Term are all shown to you before you pay. Payments are processed securely by our payment processor; we do not store full card numbers. Advertising spend and any third-party software or production costs are separate and are approved under Section 7 before they are incurred.
This Agreement does not automatically renew. On the monthly option, your scheduled payments run for the Initial Term and then stop. On a prepaid option, your single prepayment covers its period and nothing further is charged. Any continuation of services after the Initial Term is a new engagement that we and you agree to separately — we will not roll you into another term or charge you again without a fresh agreement.
Payments are non-refundable once services have begun, except: (a) if we decline your engagement before substantive work begins, we refund your payment; and (b) if we materially fail to provide an agreed service, we will first have a reasonable opportunity to correct it, and if it is not corrected, we may provide an appropriate credit or a prorated refund for the undelivered portion. This does not limit any rights you have under applicable law.
If you request work beyond your plan’s standard scope, or if a goal you ask us to pursue requires paid media, third-party software, or production, we will describe it and its cost to you first. No additional charge is activated without your approval.
To let us do the work, you agree to cooperate reasonably: provide timely access to the accounts, assets, and information we need; review and respond to requests within a reasonable time; and ensure you have the rights to any materials you give us. Delays in access or approvals may delay results; they do not change your payment obligations.
Marketing, SEO, and advertising outcomes depend on many factors outside our control. We do not guarantee specific rankings, lead volume, sales, or revenue. We commit to operating your plan competently and attentively.
Your business data remains yours. Accounts and profiles created in your name or on your platforms remain yours, and we will not hold them hostage. Our own frameworks, templates, automations, and operating methods remain ours. Where we create custom, client-funded deliverables, ownership is as stated in your Order or as separately agreed. On the end of the engagement, we will provide reasonable assistance to hand over your business data and account access.
If a scheduled payment is missed, we will contact you and provide a short opportunity to resolve it. Continued non-payment may lead us to pause active work and, after that, suspend services. A pause or suspension does not by itself release the remaining fees owed for the Initial Term.
To the fullest extent permitted by law, neither party is liable to the other for indirect, incidental, special, or consequential damages, or for lost profits or lost revenue. Except for your payment obligations, each party’s total liability under this Agreement will not exceed the total fees you paid to us under this Agreement during the three (3) months immediately before the event giving rise to the claim. Nothing in this section limits liability that cannot be limited under applicable law.
This Agreement is governed by the laws of the State of Arizona, without regard to its conflict-of-laws rules. Any dispute will be brought exclusively in the state and federal courts located in Pima County, Arizona, and each party consents to that jurisdiction.
You accept this Agreement electronically, before payment, by checking the acceptance box on the enrollment review page. That electronic acceptance is legally effective and enforceable. We record the version of this Agreement, your plan and price, the date and time, and your payment reference as evidence of what you accepted.
Joby Gran, doing business as Updigitly, 1846 E Innovation Park Dr, Oro Valley, AZ 85755. Legal notices: legal@updigitly.com. Billing: billing@updigitly.com or (520) 542-1876. See also our privacy policy and website terms.