Refund & Returns Policy

Cloudy4 Web Services Inc. (“Cloudy4 Web Services Inc.”, “we”, “our”) provides cloud platform and configuration services, including but not limited to smart dedicated servers, graphics processing units, object storage, content delivery network service and continuous data protection backup services (“Services”) to its customers (“Customer(s)”, “you”, “your”).

Such use of the Services by the Customers shall be governed by the online Terms of Service available on our Website and/or a master services agreement, if any, executed between Cloudy4 Web Services Inc. and the Customer.

This Refund Policy (“Policy”) describes the cases in which a refund may be due to the Customer and sets out the terms governing such refund. Your use of the Services or your registration with us for availing the Services constitutes your agreement to this Policy.

Cloudy4 Web Services Inc. may modify this Policy at any time by posting a revised version of the same on the Cloudy4 Web Services Inc. website. The amended version of this Policy shall become automatically binding on you if you continue to avail of the Services.

1. REFUNDS

In connection with your use of our Services, a refund may arise in the following cases:

1. Refund for Invoice Discrepancies

• If you find any discrepancies in our invoices with respect to usage metrics, Services subscribed by you, GSTIN, or other details mentioned on the invoice, you may notify us.
• We will verify the validity of the alleged discrepancies internally. After verifying whether any refund is due, we may, at our discretion, offer you a credit note, infra credits and/or refund the proportionate amount, wherever required.
• If you do not inform us of any discrepancy within 7 (Seven) days of the date of the Invoice Email, we may not entertain any requests to modify bills, offer credit notes or provide a refund in any other form.

1. Refund in Case of De-provisioning of Services

All Services shall be presumed to be in an active state and shall be billed until the date of de-provisioning of the respective Services.

1. a) Services Availed Through Self-Service Portal: Services availed through the self-service portal accessible at https://cloudy4.ca/ can be de-provisioned by you by making a request through the self-service portal.
2. b) Services Provisioned Manually: Where Services have been provisioned manually by our team on your request, you shall explicitly file a request for de-provisioning of the Services by sending an email to us specifying the date of de-provisioning.

Such request shall be treated as valid only if sent through your authorized technical contact, and the de-provisioning shall have to be unconditional.

On receiving your request for de-provisioning of Service(s), our provisioning team will de-provision the applicable Service(s) and send you and the Cloudy4 Web Services Inc. finance team a de-provisioning email (“De-provisioning Email”).

We will cease billing for the applicable Service(s) from the effective de-provisioning date mentioned in the De-provisioning Email, which is copied to our finance team.

In case our finance team inadvertently misses accounting for a De-provisioning Email and has billed you for the de-provisioned Services, we shall rectify the error by issuing a credit note or infra credits upon receipt of an email from you notifying us of the error.

To enable us to process the same, please email accounts@cloudy4.com with the details of the appropriate De-provisioning Email.

In case a De-provisioning Email has not been received by you, please email accounts@cloudy4.com intimating us of your previous de-provisioning request which was not processed, along with a screenshot of such previous request.

The effective date of de-provisioning is usually the de-provisioning date mentioned in the De-provisioning Email unless the Service had a commitment period, in which case the effective date would be the last date of such commitment period.

If you have not sent a de-provisioning request, you should send it as soon as possible so that our team can proceed to issue a De-provisioning Email to you. Until the Services are de-provisioned, you remain liable to pay for the same.

The billing period for Services includes the day of provisioning and the day of de-provisioning and all days in between these two dates.

All manually provisioned Services, including virtual/dedicated compute nodes, are billed in advance as per the monthly billing cycle unless you have specifically requested a longer billing cycle.

If you request us to de-provision any manually provisioned Service before the end of its billing cycle, we may, at our discretion, issue an equivalent credit note, infra credits or refund the remaining amount charged in advance in full, minus any payment gateway transaction charges, to the original payment source.

Alternatively, if you continue to avail other Services that remain in the provisioned state, the remaining amount may be adjusted in the next billing cycle.

1. Refund for Software Licenses Provided with Compute Nodes

Software licenses billed by us are billed for each calendar month regardless of the period of usage during that month.

Once a software license has been used during a calendar month, it is NOT eligible for a refund and you will be charged for the full monthly cost of that license.

Refund of software license costs paid for unused future months may be possible upon receipt of an email from you requesting the same.

Requests may be sent to: support@cloudy4.com

1. Refund of Prepaid Infra Credits

If you have unused prepaid infra credits in your Customer Account and do not intend to use any further Services, you may request a refund by sending an email to accounts@cloudy4.com, provided that your Customer Account is not in an “Inactive/Dormant State”.

For the purpose of this clause, “Inactive/Dormant State” means a Customer Account which, at any point in time, has not consumed any of the Services in the preceding 90 (Ninety) days.

No refund shall be due after the expiry of 90 days, and we shall have the right to invalidate such credits after following the process mentioned in our Terms of Service.

1. TDS Refund

In order to claim a TDS refund, please refer to our applicable TDS help article for information regarding the process to be followed.

1. WHEN YOU WILL NOT BE ENTITLED TO A REFUND

You shall not be entitled to any refund in the following cases:

1. Minimum Billing Committed Nodes: Committed nodes are launched for a specific committed period for a fixed price and you shall not be eligible for a refund of the amount paid for the same. Additionally, you will not be eligible for a refund of minimum billing amounts charged in each billing cycle.
2. Promotional code benefits, free coupons and similar promotional benefits are not refundable.
3. Transaction fees charged by payment gateways are not refundable.
4. If you have an outstanding balance in any linked Customer Account, or if we suspect that your Customer Account is linked in any manner to another Customer Account with outstanding dues, you will not be entitled to a refund.
5. The balance, if any, remaining after adjustment of the outstanding balance for such linked Customer Account may be refunded to you.
6. For the purpose of this clause, outstanding dues include outstanding TDS payable for the Services where a duly signed TDS certificate has not been provided by you.
7. In cases involving suspected violations of our Terms of Service, Company Policies or other applicable policies.
8. Any other cases which, at our discretion, would disentitle you to a refund.

1. GENERAL

All requests for refund shall be sent to accounts@cloudy4.com within the applicable timeline mentioned in this Policy.

To the fullest extent permitted by Applicable Law, you hereby waive all claims relating to fees/charges payable or already paid to us unless claimed within the timeline prescribed in this Refund Policy.

1. REFUND CONTACT

Cloudy4 Web Services Inc.

Refund & Accounts: accounts@cloudy4.com

General Support: support@cloudy4.com

Website: https://cloudy4.ca/