All services provided by Scaling Server may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any Indian federal, province or city law is prohibited. This includes, but is not limited to copyrighted material, the material we judge to be threatening or obscene, or material protected by trade secret and other statutes. The subscriber agrees to indemnify and hold harmless Scaling Server from any claims resulting from the use of service which damages the subscriber or any other party.

Sites that promote any illegal activity or present content that may be damaging to Scaling Server or any other server on the Internet are prohibited. Links to such material are also prohibited.

Examples of unacceptable content or links:

• Pirated software
• Hacker programs or archives
• Warez sites
• Hate speech-related activities
• Child, juvenile, animal pornography and all related activities
• Copyrighted material

Billing

By the Account Activation Date of each month, Scaling Server shall either:

(1) debit the client’s credit card (when such information has been provided by the client); or

(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month.

Invoices are generated 14 days prior to the original Account Activation Date, and payment shall be remitted to Scaling Server by no later than the specified payment due date. Scaling Server shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. Credit cards can be billed automatically unless a direct request is made to our Billing team via the OnePanel™ not to do so, at least 48hours prior to the payment due date. It is the client’s responsibility to ensure that they have sufficient funds to cover all transactions. In the event of payment failure, an automated invoice reminder will continue being sent. It is the customer’s responsibility to provide an alternate payment method before the due date is reached. All late payments may result in account or service suspension.

Invoices not paid before or on the due date will incur a late fee of 5% of the total amount that remains unpaid on the invoice.

Money back guarantee & refund policy

We offer a 10 day Money back policy for undelivered servers. This does not apply to purchases made with a discount of 25% or more. These purchases are final, and non refundable.

Refunds: If client has retained the services for longer than one month and has pre-paid Scaling Server for such services, refunds will not be issued for any unused portion of the lease, as your purchase benefits from a long-term rebate. Therefore, if a client’s account is cancelled at any point during a 3 month, 6 month or one-year term, the client will not be entitled to a refund for the months remaining.

General Refund guidelines

We will not refund or credit under the following circumstances:

• Geo-location or mistake in location
• Failing to ask a question on the nature of our services, or a particular spec or configuration.
• Account termination or suspension due to non-following of our Terms of Service.
• Account termination or suspension due to any kind of illegal activity.
• Service termination or suspension due to non-payment, or late payment of any services, licenses, or add-ons attached to said services
• Already given credits
• Changing your mind

We reserve the final decision on refunds, based on the situation and reason for cancellation. The general rule is, if there is an issue on a server, our staff will dedicate themselves to fixing it. Any delays that prevent our customer from using their server will be credited, and issues that we are simply unable to solve will be refunded. It is important to note that refund requests based on information that was included in the terms of service or clearly available on our website will always be refused. For example, if a customer has purchased a geo-located server in lieu of a physically located server. Please issue a request to our support staff before making such a purchase.

Cancellation Refunds

We DO NOT refund the partial cost of your services. We require a 5-days notification prior to an invoice’s due date for cancelling a service. No refund can be issued for incomplete billing cycles, even if a cancellation request is issued prior to the 5-days period. Following the 5-days period, the previously generated invoice will have to be paid before issuing a cancellation request. The server will then be canceled on the following due date.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Server Uptime Guarantee

Scaling Server guarantees 99.99% service (http, ftp, pop, imap, smtp) uptime in Tier 1 locations only. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of the excess downtime, as per our Service Level Agreement.

Scaling Server reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification. We will not however increase active account plans without reasonable justification, and a 30 day warning will be provided for all such price increases.