Scope and Relationship to Other Agreements
This Fulfillment Policy (this “Policy”) describes the billing, invoicing, payment, cancellation, non-payment and phone number terms applicable to services provided by ShopRocket, LLC, a Tennessee limited liability company doing business as OktoRocket (“OktoRocket,” “we,” “us” or “our”), including without limitation its SaaS platform, VoIP communications services and messaging services (collectively, the “Services”) to customers (“Customer”, “you” or “your”). This Policy is incorporated by reference into OktoRocket’s online Terms and Conditions and into any signed Master Services Agreement, Subscription Agreement or other ordering document. Where Customer has signed a Master Services Agreement, the order of precedence set forth in such signed Master Services Agreement applies. Capitalized terms used but not defined in this Policy have the meanings given to them in Customer’s governing agreement.
All amounts described in this Policy are stated and payable in U.S. dollars.
Service Period
Your “Service Period” or “Billing Cycle,” is the recurring monthly period running from your monthly billing day through the day before your next monthly billing day, as described in the “Billing Cycles” section below.
Unless you have a signed Master Services Agreement with us that specifies a defined Term, your Services are provided on a month-to-month basis and renew automatically each Billing Cycle. If you have a signed Master Services Agreement with us, its Term and renewal provisions govern instead of the month-to-month default described in this Policy, and early termination fees may apply as set forth in such signed Master Services Agreement.
Your access to all features and Services continues uninterrupted through your final Billing Cycle, as determined by the cancellation notice process described in the “Cancellation” section below, except where Service is suspended or terminated under the “Non-Payment” section below, under OktoRocket’s Acceptable Use Policy, or as otherwise permitted under your governing agreement.
Fees, Invoicing and Payment
Payment Authorization
Where your account is billed automatically, you authorize OktoRocket to charge your designated payment method on a recurring basis for all subscription fees, usage fees, taxes, surcharges and other amounts due, until your Services are cancelled in accordance with this Policy. You must provide complete and accurate billing and contact information and maintain a valid payment method on file. If your payment method is declined, expires or is otherwise unavailable, you remain responsible for all amounts due.
Invoicing and Due Date
Unless otherwise stated in your governing agreement, invoiced amounts are due within thirty (30) days after the invoice date, or on the date your payment method is charged where the account is billed automatically.
Late Payment and Collection Costs
Any amount not paid when due will accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, from the date due until paid. If we incur out-of-pocket costs, including reasonable attorneys’ fees, in seeking to collect past due amounts, you will reimburse those costs, and that obligation survives termination of your Services.
Disputed Charges
You must notify us in writing of any good faith dispute regarding an invoice within thirty (30) days of the invoice date, and must timely pay all undisputed amounts. Amounts not disputed within that period are deemed accepted. We will work with you in good faith to resolve any disputed amounts promptly.
Chargebacks
If you initiate a chargeback or payment reversal with your card issuer or bank for a charge that is validly due under this Policy, we may suspend your Services and may charge you any fee assessed against us in connection with that chargeback. Initiating a chargeback does not substitute for the dispute process described above or for the cancellation notice described below.
No Set-Off
You will pay all amounts due without set-off, deduction or withholding of any kind.
Price Changes
We may change subscription pricing from time to time. Where you are on a month-to-month subscription, we will provide at least sixty (60) days’ advance notice before new pricing takes effect on your account. Where you have signed a Master Services Agreement specifying a defined Term, the price change provisions of such signed Master Services Agreement govern. Changes to taxes, surcharges and regulatory charges are governed by the “Taxes and Regulatory Fees” section below (along with any provisions in your governing agreement around the same) and may take effect without advance notice.
Free Trial, Beta, and Promotional Pricing
We may from time to time offer the Services on a free trial, promotional, introductory or discounted basis. Any such offer is subject to the terms presented at the time of the offer, and the following terms apply unless we state otherwise in writing:
- The trial or promotional period begins on the date your Service is activated and continues for the period identified at sign-up.
- Unless you cancel before the end of the trial or promotional period, your subscription will automatically convert to a paid subscription at our then-current standard rate for your plan, and your designated payment method will be charged at the start of the first Billing Cycle following that period. The terms of the offer, including the length of the period, the rate that will apply on conversion, and how to cancel, are disclosed to you before you provide your billing information.
- We will send you a reminder before a free trial converts to a paid subscription, at the email or account contact on file.
- You may cancel during a trial or promotional period through any of the cancellation channels described in the “Cancellation” section below. If you cancel before the period ends, you will not be charged a subscription fee. Usage fees, taxes, surcharges and regulatory charges incurred during the period, and any hardware purchased, remain payable.
- The thirty (30) day cancellation notice period described in the “Cancellation” section does not apply to cancellation during a free trial period.
- Promotional or introductory rates apply only for the period stated. At the end of that period, standard pricing applies, and the advance notice requirement in the “Price Changes” section above does not apply to the expiration of a promotional rate disclosed at sign-up.
- Trial and promotional offers are limited to one per Customer and per account unless we state otherwise, and we may modify or withdraw any offer, or discontinue a trial, at any time.
- Trial, free, evaluation and beta Services are otherwise provided as described in your governing agreement, including any exclusion from OktoRocket’s service level commitments, warranties, liability and indemnification obligations.
Service Cancellation
Cancellation
You may cancel your subscription at any time by submitting notice to us. Cancellation takes effect thirty (30) days after we receive your notice (the “Cancellation Effective Date”). This 30-day period allows us to complete final billing, process account changes, and properly discontinue Services on our end.
Your Services, and your billing, will continue through the end of the Billing Cycle in which the Cancellation Effective Date falls. That cycle is billed in full and is your final cycle of receiving the Services. Once your Services begin on a full monthly cycle, we do not prorate charges in connection with cancellation or any other mid-cycle change. There is no partial month credit or refund for cancellation, regardless of when during a Billing Cycle you cancel or when your Services end.
- Cancellation requests may be submitted at any time to support@oktorocket.com, by calling 855-600-6586.
- If you signed up for the Services online, you may cancel online through the same channel, without being required to call or speak with a representative.
- Your final Billing Cycle is whichever Billing Cycle contains the date thirty (30) days after we receive your notice.
- Your final subscription invoice will always be for a complete billing month. Any applicable usage fees are billed separately (see the “Usage Fees” section below).
- You will retain full access to the Services through the end of your final Billing Cycle, provided your account remains current and in compliance with your governing agreement and all of OktoRocket’s other policies.
- For example, if we receive your cancellation notice in January and your monthly billing day is the 1st, February will be your final Billing Cycle. Your final billing cycle is determined by your account’s monthly billing day, as described in the “Billing Cycles” section below.
Cancellation does not relieve you of the obligation to pay amounts accrued before your Services end, and does not waive any early termination fee payable under a signed Master Services Agreement.
Number Port Out Cancellation
Requests to port a phone number to another provider do not by themselves constitute cancellation notice, because porting timelines depend on your new carrier. If we receive port-out confirmation before your Cancellation Effective Date, that 30-day timeline governs and this section does not change your final Billing Cycle. If your port-out confirmation date is beyond your Cancellation Effective Date, cancellation is deemed effective for the month in which we receive confirmation that the number has been ported off our network. You will be billed in full, through the end of the Billing Cycle containing the date of the port-out confirmation. There is no partial month credit or refund.
- For example, if we receive your cancellation in January, and confirm your numbers are ported out in March, March will be your final Billing Cycle. The month your port actually occurs depends on your carrier.
- If instead we confirm your port-out in January, before your 30-day Cancellation Effective Date, your final Billing Cycle is governed by the “Cancellation” section above.
Usage Fees
Where usage fees exist in your plan, following your Cancellation Effective Date, we will invoice the following month for any usage incurred during your final Billing Cycle, if any.
Phone Numbers and Porting
Number Assignment and Ownership
Telephone numbers assigned to you by OktoRocket from OktoRocket’s numbering resources are not sold to you and remain subject to the numbering rules and allocations administered by the applicable regulatory authorities and underlying carriers. You have the right to use an assigned number for so long as your account is active and in good standing. Except to the extent you have a right under applicable law to port a number to another provider, you do not acquire ownership of, or any property right in, any number assigned to you.
OktoRocket may change or reassign a number where required by a regulatory authority, an underlying carrier, or a numbering administrator, or where reasonably necessary for network or operational reasons. We will give you as much advance notice of any such change as is practicable.
Porting Numbers to OktoRocket
If you ask us to port a number to OktoRocket, you represent that you are the authorized subscriber or user of that number or have the authority of that subscriber, and that the information you provide in connection with the port request is accurate and complete. Port-in timelines depend on your prior carrier and are not guaranteed by OktoRocket.
Porting Numbers Away from OktoRocket
You may request that a number assigned to your account be ported to another provider. We will cooperate with valid port-out requests in accordance with applicable regulatory requirements. Port-out timelines are controlled by your new provider, and cancellation timing for a ported number is governed by the “Number Port Out Cancellation” section above.
Numbers after Termination
If your Service is cancelled or terminated and you have not ported a number away by the date Service ends, we may release, disconnect or reassign that number, and it may no longer be recoverable. You are responsible for initiating any port-out before your Service ends. Data associated with your account, including call and message records, is retained and deleted in accordance with OktoRocket’s internal data retention policies.
Taxes and Non-Payment
Taxes and Regulatory Fees
Fees for our Services do not include applicable taxes, surcharges, or regulatory charges. Depending on your Services and location, your invoice may include additional charges such as:
- Sales and use tax;
- 911/E911 fees;
- Federal and state Universal Service Fund contributions;
- Local Number Portability fee;
- Federal and state Telecommunications Relay Service contributions;
- North American Number Plan Administration fee; or
- Other regulatory, franchise, or similar charges required by law.
These charges are collected as separate line items on your invoice and remitted by us as required by applicable law. The amount of these charges may change if the underlying tax rate or regulatory assessment changes, independent of any change to your subscription fees.
You are responsible for all such taxes and charges associated with your purchase and use of the Services, excluding taxes based on OktoRocket’s net income. If you are exempt from any tax, you must provide a valid exemption certificate before the exemption can be applied; exemptions are applied prospectively only and we will not refund amounts already remitted to a taxing authority. You are responsible for keeping your address where you receive the Services and registered location information accurate, and for any additional tax or regulatory charges resulting from inaccurate address information.
Non-Payment
This non-payment process is separate from a Customer-initiated cancellation notice period described in the “Cancellation” section above. If a payment fails or an invoice becomes past due, we will notify you and provide thirty (30) days from the date of that notice to bring your account current. Your Service will continue uninterrupted during this 30-day period.
If your account remains past due at the end of that 30-day period, we will send a second notice starting a 60-day period. We may suspend your Service, in whole or in part, at any time during that 60-day period. Unless your account is made current before the end of that 60-day period, we will terminate your Service at the end of the 60-day period.
- Paying the past-due balance in full at any point during either notice period brings your account current and cancels the pending termination, and we will restore any suspended Service promptly.
- If your Service is terminated for non-payment, the same no proration rule described in the “Cancellation” section above applies, and you will be billed in full for the Billing Cycle in which termination occurs.
- Termination for non-payment does not waive any amounts already owed, and outstanding balances remain due after termination.
- Suspension for non-payment does not constitute downtime or unavailability for purposes of any service level commitment provided by us, does not constitute a breach by us, does not entitle you to any service credit, and does not relieve you of any payment obligation.
- If your Service is terminated for non-payment, reinstatement is in our sole discretion and may require payment of all outstanding amounts and a reactivation fee, and numbers previously assigned to your account may no longer be available.
If your account has been repetitively past due within any rolling 12-month period, we may terminate your Service immediately upon a subsequent non-payment, in our sole discretion, without the 30-day and 60-day notice periods described above. For purposes of this section, an account is “repetitively past due” if it has become past due on three (3) or more occasions within the preceding twelve (12) months and is then currently past due.
General Terms
Billing Cycles
We bill monthly, unless you have signed a Master Services Agreement with OktoRocket that specifies different billing terms. Subscription billing starts on the day your Services are activated. If your subscription starts on any day other than the recurring monthly billing day of your Billing Cycle, we will prorate your first payment to cover the period between your start date and your monthly billing date. At that point, your regular monthly Billing Cycle then begins, and full monthly payments will be processed and continue until your final Billing Cycle, as described in the “Cancellation” section above. If your subscription includes Services with usage-based costs above what is included with your plan, those charges will be billed monthly in arrears along with your regular monthly subscription payment.
- For example, if your subscription starts on January 12 and your Billing Cycle billing day is on the 1st of each month, your first invoice will cover January 12–31 (prorated), and your regular monthly Billing Cycle then begins February 1. This is an example only, and your monthly billing day may not be the 1st of each month. Your recurring billing date can be found on your billing invoice.
Refunds
Except as expressly stated in this Policy or required by applicable law, all fees are non-refundable and all payment obligations are non-cancelable. We do not provide refunds or credits for partial billing cycles, unused Service, downgrades, or periods during which Service was suspended as a result of your non-payment or your violation of your governing agreement or any of OktoRocket’s other policies. Any service credits issued under a service level commitment by us are governed by that commitment, are applied only against future fees for the affected Service, are not paid as a cash refund, and are forfeited upon expiration or termination of your governing agreement.
Changes to this Policy
We reserve the right to modify this Policy at any time. Any changes will be posted to this page with an updated “Last Updated” date. Where you have signed a Master Services Agreement containing notice provisions, material changes will be communicated in accordance with that agreement. Your continued use of the Services after changes take effect constitutes acceptance of the revised Policy.
If any provision of this Policy is held to be invalid, illegal or unenforceable, the remaining provisions remain in full force and effect.
Notices
Notices under this Policy will be sent to the billing or account contact on file, by email or through your account portal, and are deemed given when sent. You are responsible for keeping your contact information current.
Contact Information
Contact Us
For questions about this Policy or to request cancellation of your Service, please contact our customer service department at support@oktorocket.com or call 855-600-6586.
You can also reach us at the following address: ShopRocket, LLC d/b/a OktoRocket, 660 Bakers Bridge Avenue, Suite 200, Franklin, Tennessee 37067.