REFUND POLICY for HYPERACTIVE DESIGNS
Refunds of Service fees will be made only for pre-payment of Service fees beyond the renewal date following the effective notice and termination of this agreement. All refunds shall be pro-rated based upon the number of days for which service remains unused as of that renewal date. Hyperactive Designs may grant refunds under any other circumstance it deems appropriate without waiving any other rights hereunder.
WEBSITE HOSTING SERVICES
For the term of the agreement as set forth herein Hyperactive Designs agrees to provide web hosting services according the plan selected by you upon activation of your account. Hyperactive Designs reserves the right to change, amend and/or otherwise alter the services provided with equivalent or otherwise equal services without prior notice to you.
SUSPENSION AND TERMINATION
Suspension – At the sole option of Hyperactive Designs for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to Section 1 (Payment of Fees) and Section 4 (Acceptable Use Policy) Hyperactive Designs may suspend your account by deactivating any access by you or by web users to any information contained on the Hyperactive Designs servers related to your account while maintaining the information and data related to your account upon the Hyperactive Designs servers. Suspension can occur with unpaid invoices not paid within two weeks of the due date. Suspension shall specifically include the disabling of your hosted domain and/or any access to information or data related to your account. In the event of any such suspension you will be notified and given an opportunity to correct such breach. In the event that such breach is not corrected within ten (10) days the account may be terminate. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.
Termination – This agreement and all of it’s terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the Hyperactive Designs servers. Such information or data may or may not be made available to you by Hyperactive Designs after any such termination. This agreement may be terminated either (a) after a period of suspension by either party upon or (b) 45 days notice in advance of a renewal period for any reason.
In the event of termination there will be no refund provided to you. In addition, Hyperactive Designs may charge you an additional termination fee not to exceed $100.00 at its sole option. The assessment of this termination fee shall not effect the rights of Hyperactive Designs to recover from you losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorneys fees or other costs of any kind as may be applicable under California Law
In the event of any termination under paragraph 8.2(b) of this subsection any service fees paid in advance beyond the next renewal date following the notice period under that section will be refunded to you. This refund shall not include any set-up fees, Domain Registration fees or other fees which are all non-refundable.
POLICY CHANGES
Changing technology, and legal developments, this Policy may be changed from time to time in Hyperactive Designs sole discretion and without any prior notice or liability to you or any other person. New versions of this Policy will be updated so please check back for updates. If you have any question please email info@hyperactivedesigns.com.au
