HostgenX ("we," "our," or "us") offers full web hosting and cloud computing services, such as but not limited to shared web hosting services, virtual private server web hosting, dedicated server web hosting, email web hosting as well as domain registration services (collectively referred to as Services) to its desirable customers (Customer(s), also known as you). These Services will be used by the customers under the guidance of the online Terms of Service which is available as of now at the site of "terms" and any Master Services Agreement that is signed between HostgenX and the Customer.
This official Refund Policy (or Policy) is used to specify the specific circumstances and situations under which the Customer is entitled to a refund and to enumerate the overall terms and conditions that will be applied when making and issuing such refunds. A first time use of our Services, or even your registration with us to avail the Services is your express agreement to be bound under all the provisions in this Policy. HostgenX reserves the unquestionable right to alter, change or rewrite this Policy any time by placing a revised copy on our official website. The revised form of this Policy will take effect automatically on you when it is published, subject to your still enjoying the Services in the event that these changes are effected.
A situation of refund can occur in relation to your using activities of our multiple varieties of Services in the following circumstances:
In case you can find any discrepancies, inaccuracies, and errors in our formal invoices in relation to the exact usage metrics, the Services subscribed to or other important information that is explicitly stated within the invoice documentation like GSTIN number, billing addresses, or service specifications, you are officially obliged to inform us in writing through email to billing@hostgenx.com within a tight timeframe of 7 calendar days after the first receipt of the invoice on the email address registered with our system.
When our formal discrepancy notification is received, our billing department will also commence a rigorous verification procedure to determine the validity and substantiation of the purported discrepancies by taking an internal mechanism and system auditing. This investigation can be in need of further documents or clarification on your part to help in a rigorous analysis. After full verification and confirmation that a real billing error has been committed and that a refund is actually justified and even justified, we still have the only discretion in deciding on the best mode of handling such situations. This can involve, on our election, the issue of a formal credit note credited to your account, the issue of a corresponding value note of service credit to your HostgenX account balance, or execution of a proportionate money refunding by the original method of payment, as we see necessary and appropriate under the particular circumstances.
It is of utmost importance to note and know that in case you do not communicate to us on any invoice discrepancy within the strictly stipulated time frame of 7 calendar days after the date of receiving the first Invoice, then any further request to amend bills, issue credit notes or make any form of refund in that particular billing cycle shall not be considered. This policy is adopted to achieve consistency of billing, good financial records and standard time limits in dispute resolution.
The terms included in this Policy are used in harmony with and are not in direct conflict with the more general terms and conditions set forth in our master Terms of Service agreement. Where certain refund scenarios are specifically covered by a distinctly signed Master Services Agreement between HostgenX and the Customer, the restrictions of such a Master Services Agreement will prevail over this general Policy. We also adhere to transparent billing procedures, and we urge all our customers to check their bills as soon as they obtain them and make sure that they are correct and they match their real needs and used services.
Each and every Service that will be offered by HostgenX will be assumed to be kept in the state of activity and will be still billed until the actual de-provisioning of the corresponding Services is made and registered by our systems. In order to ensure that Customer strictly conforms to the following detailed procedures when filing any de-provisioning request, non-observance of such procedures might lead to the further billing of what is considered active services.
In case of those Services which were available via our Self Service Portal that is available at the web, the Customer is kept with the ability to directly set up de-provisioning via the self-service platform. The particular instructions to follow when terminating the services are well presented in our help article that gives a step-wise solution on how best services can be terminated without the need of extra support intervention.
Where Services have been manually deployed by our technical engineers at your particular request you are required to formally request to be de-provisioned by emailing through official mail to our provisioning department as support@hostgenx.com. Such communication should explicitly indicate the date in which de-provisioning is requested and will be considered valid only when sent by your already approved technical contact. Moreover, any de-provisioning requests should be unconditional having no prerequisites or conditions that may follow.
On submission and approval of your valid de-provisioning request of certain Service(s), our provisioning department will then implement the de-provisioning procedure and then formally deliver a de-provisioning confirmation email to you and our finance department (De-provisioning Email). The payment of the designated service(s) will be discontinued on the date directly indicated in the De-provisioning Email which is the authoritative paper on the termination of billing.
In the event that our finance department has made an inadvertent error in accounting a De-provisioning Email and charging you services that have been formally de-provisioned, we will correct this accounting error and provide you with a suitable credit note or apply the same to your services through the reception of formal notification. To ensure this correction process, you need to email billing@hostgenx.com with the information of the billing error, it has to include a copy of the initial De-provisioning Email received by our provisioning team which will record the de-provisioning request.
In case you have not received a De-provisioning Email after making a request, then you are required to email support@hostgenx.com immediately to inform us that you have already made a de-provisioning request in the past, and you must provide supporting information as screenshots of your original request. The date of de-provisioning would normally be the date set in the De-provisioning Email, but when there was a pre-set period of engagement in the service then the date would be the last date of the period of engagement.
In case you have not yet made a de-provisioning request of the services that you want to cancel, you can do it immediately so that our team can proceed with de-provisioning and issue the relevant De-provisioning Email. Until all services are formally de-provisioned by our established procedures, you are financially liable to all services. Our finance department is not free to give credit in the form of credit notes or service credits without following the procedures indicated below.
The billing period of all Services covers the first day of provisioning, the last day of de-provisioning and all days in between these two days. Every manually provisioned service as well as virtual and dedicated compute nodes are charged in advance based on monthly billing cycles, unless you have explicitly requested and been granted an alternate billing cycle.
In case you order any service which is manually provisioned to be de-provisioned before the end of the current billing cycle, we may, at our own sole discretion, issue an equivalent credit note or credits to the service or a refund of the outstanding amount of advance payment made, less any applicable payment gateway transaction fees. Instead, in the event that you still use the other services that are still in effect, the balance can be credited as an adjustment in your next billing period.
Each of the software licenses that we offer with compute nodes under our Services will be charged on a full calendar month basis regardless of the time used in that month. This billing is applicable to all software products such as operating systems, control panels as well as specialized applications that come with your hosting solutions.
When a software license has been used and activated at least once within a calendar month, then it cannot be refunded or adjusted pro-rata. The entire monthly price of that license will be to your account, whether the service has been utilized during the entire period of a month or during a part of it. This policy is indicative of the character of software licensing because the providers usually charge HostgenX full amounts each month irrespective of the usage trends of the customers.
Nevertheless, in cases of software licenses that are pre-paid to work in the future months but the future months have not been used, you may be entitled to a refund of the advance payments. In order to make such a refund request, you would have to formally email billing@hostgenx.com with a clear statement of the software licenses you want refunded and in which months ahead of the future you want to be refunded. Our billing team will ensure that the status of these licenses are not used and make relevant refunds on the future periods that are known to be unused and as per the terms of this policy.
It should be remembered that refunds of software licenses can only be made through our general procedures and schedules of refund. We also have the right of checking the usage behavior and the state of the license before granting any refund. Moreover, some third-party software licenses might be accompanied by certain restrictions on the vendors which could affect the refund eligibility and they will be informed in the course of the license purchase.
Provided that the customer has a positive balance of unused prepaid hosting credits in his/her HostgenX Customer Account, they might be entitled to request a refund of the credits under certain conditions. This policy is applicable to any type of prepaid credits such as the ones bought to use in the services, infrastructure resources, or to promote products.
In order to receive a refund of prepaid credits, the account must be in an active state, and must not have passed into what we call an "Inactive Account State. To the exact objective of the present clause, an Inactive Account State is officially described as a Customer Account that, at the moment of requesting refund, has not had or made use of any Services of HostgenX during a continuous duration of 90 days before the request.
The refund requests should be sent in writing by emailing billing@hostgenx.com by the qualified customers who need the refund of their unused prepaid credits. The request should explicitly specify that he or she wants his/her unused credits refunded and provide some account details that will be verified before processing the request. The account activity and credit balance will then be examined by a billing department who will in turn process a refund in accordance with this policy.
Importantly, it is important to mention that no customer accounts who have surpassed the 90-day inactivity level will receive or undergo any refund. Moreover, HostgenX also has the right to cancel and revoke any unused prepaid credits in accounts that have not been used in 90 days or more in accordance with the particular procedures and notifications as stipulated in our Terms of Service agreement.
The policy is meant to promote active utilization of money bought in credits besides availing a comfortable time span on which customers can request refunds on unutilized balances. To be eligible to receive potential refunds in these terms, we suggest that the customers pay close attention to their credit usage and account activity. Every refund confirmation will be at the will of HostgenX and will be verified against account status and adherence to all other terms and conditions.
TDS Refund Process- To get information on the process of claiming the refunds on Tax Deducted at Source (TDS), refer to our all purpose help article which can be found in our knowledge base. This is a document that gives a detailed guideline to eligibility requirements, documentation that is required and step-by-step procedures in filing TDS refund requests as per the relevant tax regulations.
Non-Refundable Circumstances- You are not going to have the right to receive refunds in specific cases in the following cases:
Minimum Billing Commitments- Minimum billing commitments or dedicated nodes that are purchased as a result of minimum billing commitments and are initiated with certain durations of time cannot be refunded. This encompasses all fixed-price deals whereby you have entered into a fixed period of service. Also, minimum billing amounts that are done in each billing cycle in accordance with such commitments are not refundable.
Promotional Benefits- There is no refund of the benefits accomplished out of promotional code, free coupons, special discount offers, or temporary promotional prices. This involves financial discounts as well as services improvements availed in the time of promotion.
Transaction Charges- It is non-refundable transaction charges that are charged by the third-party payment gateways at the time of payment. These are charges borne by external financial processors and not by HostgenX.
Outstanding Account Balances- In case your Customer Account, or any account which we have concluded to be affiliated with your Customer Account by our internal assessment procedures, has an outstanding balance or outstanding dues, you will not receive any refunds. In this case, whatever refundable balances there may be will be set to pay off these outstanding balances. Any credit remaining upon this adjustment would only be refunded. To this effect of this clause, the outstanding dues will comprise any unpaid TDS where you have not been able to submit the duly signed certificate of TDS within the statutory timelines.
Policy Violations- Your violation of our Terms of Service, Privacy Policy, Service Level Agreement, Acceptable Use Policy, or any other Policies of the Company will make you ineligible to receive any refunds.
Discretionary Cases- HostgenX may refuse to give a refund in any other situation where we, in our sole discretion, may feel that a refund is not appropriate or in conflict with the ideals of this Policy.
Any formal requests that are made to refund should be made in writing to billing@hostgenx.com within the particular time frames stipulated in this Policy document. You hereby waive, irrevocably, under the maximum allowable under the applicable law, any claims by you to any fees or charges payable to HostgenX or actually paid to HostgenX, unless such claims are duly made during the limited period of time prescribed in this Refund Policy. This waiver includes every possible legal and fair claim irrespective of its nature and cause.
This Policy is the full and final disclosure of our refund policies and any prior communications, representations, or agreements, whether oral or written, about our refund policies are thereby overridden. Any exemption of these policies should be written down clearly by a representative of HostgenX.