1. INTRODUCTION
This Refund Policy (“Policy”) governs all refunds and credits issued by Nelexa, Inc. (“Company,” “we,” “us,” or “our”) relating to our cloud compute services, dedicated servers, managed services, and DDoS protection solutions (collectively, the “Services”). By purchasing or using any of our Services, you (“Customer,” “you,” or “your”) agree to be bound by this Policy.
2. DEFINITIONS
2.1. “Agreement” means the Master Services Agreement or other service agreement between the Company and Customer governing the provision of Services.
2.2. “Billing Cycle” means the recurring period for which you are billed for the Services.
2.3. “Business Day” means Monday through Friday, excluding federal holidays observed in the United States.
2.4. “Service Credits” means credits applied to Customer’s account that can be used for future Services.
2.5. “Service Level Agreement” or “SLA” means the agreement detailing the level of service expected from the Company and any applicable service credits or remedies for failure to meet such levels.
2.6. “Subscription Services” means any Services provided on a recurring basis.
3. GENERAL REFUND PROVISIONS
3.1. No Automatic Refunds. The Company does not provide automatic refunds for any Services purchased. All refund requests must be submitted in accordance with the procedures set forth in this Policy.
3.2. Currency. All refunds will be issued in the same currency as the original payment.
3.3. Method of Refund. Refunds will be processed to the original payment method used for the purchase. If the original payment method is no longer valid or available, the Company reserves the right, in its sole discretion, to (a) issue the refund via an alternative payment method, (b) provide Service Credits, or (c) decline the refund request.
3.4. Processing Time. Approved refunds will typically be processed within ten (10) Business Days after approval. However, the time required for the refund to appear in Customer’s account depends on the payment method and financial institutions involved and may take up to thirty (30) calendar days or longer.
3.5. Taxes and Fees. Unless explicitly required by applicable law, the Company will not refund any taxes, administrative fees, or third-party charges associated with the Services.
3.6. Promotional Credits. Any promotional credits, discounts, or free services are non-refundable and have no cash value.
4. SERVICE-SPECIFIC REFUND POLICIES
4.1. Cloud Compute Services
4.1.1. Trial Period. If applicable, cloud compute services may come with a trial period as specified in the Agreement. If you cancel during the trial period, you will receive a full refund of any amounts paid for such services.
4.1.2. Pay-As-You-Go Services. For cloud compute services billed on a consumption or “pay-as-you-go” basis, no refunds will be issued for services already rendered or resources already consumed.
4.1.3. Reserved Instances or Committed Use. For cloud compute services purchased on a reserved instance or committed use basis:
(a) Refunds may be available within the first seventy-two (72) hours after purchase if no usage has occurred, subject to a 15% administrative fee.
(b) After seventy-two (72) hours, such purchases are non-refundable.
(c) The Company may, in its sole discretion, permit early termination of reserved instances or committed use terms in exchange for an early termination fee as specified in the Agreement.
4.2. Dedicated Servers
4.2.1. Setup Period. Dedicated server services begin on the date the server is provisioned and made available to the Customer, not on the date of first use by the Customer.
4.2.2. Cooling-Off Period. Customers may request a full refund within seventy-two (72) hours of the initial server provisioning if they experience technical issues that the Company’s support team cannot resolve and that materially affect the functionality of the server. This request must be accompanied by detailed documentation of the issues encountered.
4.2.3. Monthly Services. For dedicated servers billed on a monthly basis, no prorated refunds will be issued for cancellations mid-billing cycle unless otherwise required by applicable law.
4.2.4. Annual or Long-Term Commitments. For dedicated servers purchased on an annual or long-term basis:
(a) No refunds will be provided except as otherwise specified in the Agreement or SLA.
(b) Early termination fees may apply as specified in the Agreement.
4.3. Managed Services
4.3.1. Project-Based Services. For one-time project-based managed services:
(a) Deposits paid are non-refundable unless the Company fails to commence the project within thirty (30) days of the agreed-upon start date.
(b) For projects terminated before completion, the Company will invoice for work completed up to the termination date, and any excess amounts previously paid may be refunded at the Company’s discretion.
4.3.2. Recurring Managed Services. For recurring managed services:
(a) No refunds will be issued for the current Billing Cycle after services have commenced.
(b) Customers must submit cancellation requests at least thirty (30) days before the next Billing Cycle to avoid charges for the subsequent period.
4.4. DDoS Protection Services
4.4.1. Standalone Protection. For DDoS protection purchased as a standalone service:
(a) No refunds will be provided for the current Billing Cycle after services have commenced.
(b) The absence of DDoS attacks during the service period does not constitute grounds for a refund.
4.4.2. Bundled Protection. For DDoS protection included as part of another service package, no separate refund will be available for the protection component.
4.4.3. Service Level Failures. Failure to meet the DDoS protection SLA will result in Service Credits as specified in the SLA, not monetary refunds.
5. EXCEPTIONS AND SPECIAL CIRCUMSTANCES
5.1. Service Outages
5.1.1. SLA Credits. Service outages or performance issues will be addressed through Service Credits as specified in the applicable SLA, not through monetary refunds.
5.1.2. Major Service Failures. In the event of a major service failure lasting more than twenty-four (24) consecutive hours due solely to the Company’s failure to meet its obligations, the Company may, in its sole discretion, issue a prorated refund for the affected service period.
5.2. Billing Errors
5.2.1. Overcharges. If you believe you have been overcharged for Services, you must submit a dispute within sixty (60) days of the charge. Verified overcharges will be refunded in full.
5.2.2. Duplicate Charges. Duplicate charges for the same Service will be refunded promptly upon verification.
5.3. Account Termination by the Company
5.3.1. Violation of Terms. If the Company terminates your account or Services due to your violation of the Agreement, Acceptable Use Policy, or any other applicable terms, no refund will be issued.
5.3.2. Fraud or Abuse. No refund will be issued if the Company determines, in its sole discretion, that you have engaged in fraudulent or abusive practices.
5.3.3. Service Discontinuation. If the Company discontinues a Service entirely (not merely a feature of a Service), you may be eligible for a prorated refund of any prepaid fees for the affected Service.
5.4. Force Majeure
The Company shall not be obligated to provide refunds for service interruptions or failures resulting from circumstances beyond the Company’s reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, flood, accidents, network infrastructure failures outside of the Company’s facilities, or shortages of transportation facilities, fuel, energy, labor, or materials.
6. REFUND REQUEST PROCEDURE
6.1. Submission Requirements. All refund requests must:
(a) Be submitted in writing to billing@nelexa.net or through the customer portal;
(b) Include your account information, the specific Service for which a refund is requested, the date of purchase, and the reason for the refund request;
(c) Be submitted within the applicable time period specified in this Policy; and
(d) Include any required supporting documentation.
6.2. Review Process. The Company will review all properly submitted refund requests and respond within ten (10) Business Days.
6.3. Final Decision. All refund decisions made by the Company are final, except as otherwise required by applicable law.
7. CHARGEBACKS
7.1. No Chargebacks. Customer agrees to contact the Company regarding any billing disputes or issues before initiating a chargeback with their payment provider.
7.2. Chargeback Consequences. In the event that Customer initiates a chargeback without first attempting to resolve the issue directly with the Company, the Company reserves the right to:
(a) Contest the chargeback through all available means;
(b) Assess an administrative fee of $50.00 or 15% of the disputed amount, whichever is greater;
(c) Immediately suspend or terminate Customer’s access to all Services;
(d) Report Customer to credit bureaus or collection agencies; and/or
(e) Take legal action to recover the disputed amount and any associated costs.
8. LEGAL TERMS
8.1. Modifications to this Policy
8.1.1. The Company reserves the right to modify this Policy at any time in its sole discretion.
8.1.2. Modifications will be effective upon posting of the updated Policy on the Company’s website or by direct communication to Customer.
8.1.3. Customer’s continued use of the Services following the posting of an updated Policy constitutes acceptance of the modifications.
8.2. Governing Law
8.2.1. This Policy shall be governed by and construed in accordance with the laws of the state where the Company is headquartered, without giving effect to any principles of conflicts of law.
8.2.2. Any action or proceeding arising out of or relating to this Policy must be brought in the courts of the state where the Company is headquartered, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding.
8.3. Severability
If any provision of this Policy is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent permitted by law.
8.4. Waiver
The failure of the Company to enforce any right or provision of this Policy will not be deemed a waiver of such right or provision.
8.5. Assignment
Customer may not assign this Policy or any rights or obligations hereunder, by operation of law or otherwise, without the Company’s prior written approval, and any such attempted assignment shall be void.
8.6. Entire Agreement
This Policy, together with the Agreement and any other policies and terms referenced herein, constitutes the entire agreement between Customer and the Company regarding the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter of this Policy.
9. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS REFUND POLICY AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS REFUND POLICY, PLEASE DO NOT USE OUR SERVICES.