ContractDesk - Billing Policy

This agreement is between ContractDesk, and the individual or organization using ContractDesk's products or services. The individual or organization is hereafter referred to as "Customer", "User", or "You".

Hosting Solutions

ContractDesk offers hosting plans that are billed monthly, quarterly or annually. All hosting solutions are pre-paid, and require at least 30 days notice prior to the next billing cycle for cancellation.

Software Development Solutions

Payment terms for software development work are usually specified in a contract or statement of work. If development occurs without a development agreement, then payment is due immediately when invoiced.

Hourly Consulting Solutions

Hourly consulting performed without a retainer are billed at the hourly rate in effect at the time. Rush requests (work required to be performed within 24 hours of the request), are billed at twice the regular hourly rate. Hourly rates may change without prior notice.

Retainer agreements are paid for in advance, they include a set number of hours to be used in a pre-determined amount of time (one month, one quarter, or one year). Any work performed over the hours specified in the retainer are billed at the then current rate. Retainer customers do not pay rush fees.

If an invoice for the retainer fee(s) is overdue, the hours performed on the retainer shall be re-billed at the non-discounted rate.

Payments

All payments are to be made in US dollars. ContractDesk accepts the following types of payment: - Check - Money Order - Credit Card (Visa, MasterCard, American Express, Discover) - ACH Credits - Bank Wire Transfer (Domestic Free / International $20.00) - PayPal (a 4% fee will be assessed).

For credit card customers, you will be automatically charged the appropriate amount at the beginning of your account's billing period. For check or Money Order customers, ContractDesk must receive your check by the beginning of your billing period. Late payments, credit card refusals, expirations, chargebacks and disputes are subject to fines, suspensions and account terminations at ContractDesk's discretion. All unpaid balances incurred during period of service by ContractDesk are subject to collection and/or legal action.

User authorizes ContractDesk to use any method available to ContractDesk to collect overdue balances. This includes charging a previously provided credit card, or processing an electronic check using an account number previously provided to ContractDesk.

User acknowledges that ContractDesk has an automatic, irrevocable lean for any unpaid balances on any of User's property in ContractDesk's possession.

Statements

ContractDesk only mails paper invoices or statements to accounts paying by check. Invoices or statements can be emailed at your request.

Fees

ContractDesk reserves the right to charge a $25.00 fee for any returned check or chargeback. In addition, any overdue balance will incur finance charges at the rate of 1.5% per month or the maximum allowed by law, whichever is higher.

Cancellations

Any request for cancellations must be received via email (billing (at) ContractDesk.com), certified regular mail or fax (1.877.TRY.DESK) and you'll receive a confirmation upon the cancellation of your account.

Cancellations over the telephone and informal email cancellations are not accepted.

Submission of the cancellation form does not automatically complete the cancellation request - your account may be past due or delinquent in which case the balance must be settled before cancellation of an account can be possible. Some services may require notice thirty days (or more) before termination. Domain name transfers, non-usage, Internic problems, ISP problems, or any other secondary issues not directly related to ContractDesk's services does not qualify an account for cancellation. Customers are urged to make sure that they receive a cancellation confirmation from ContractDesk, indicating the closure of a domain and/or an account has been completed.

ContractDesk does not monitor, and will not automatically cancel plans for issues related to non-usage, domain name transfers, your ISP, Internic, or any other issues not directly related to ContractDesk's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. ContractDesk reserves the right to cancel any account, at any time, without notice, for any reason ContractDesk considers appropriate.

Please note there are no pro-rated refunds.

Reactivation

Users that wish to reactivate a closed account will be assessed a $35.00 reactivation fee. A $99.00 fee will be assessed if ContractDesk restores your data files to your reactivated account.

Refunds

Prepaid services are not refundable. Failure of User to use all or any part of a service does not entitle User to a refund.

In the unlikely event that ContractDesk wishes to provide a refund (at ContractDesk's sole discretion) for prepaid services, the following conditions shall apply:

Any annual prepay accounts which are cancelled prior to end of the twelve (12) month term will be credited based on the month to month rate at the time of the signup. Any setup fees which were waived because of the annual prepayment will be deducted from the refunded amount. Any additional discounts which were applied as a result of the annual prepayment will be deducted from the refunded amount. Any overages up until the current month of cancellation will be deducted from the refunded amount. Refund will be issued based on the unused months starting on the last day of service of the month following the cancellation request. There will be no refunds for accounts which are terminated due to violations of the Acceptable Use Policy. Setup fees are not refundable.

Other Terms

1. Subject to the provisions hereof, the account will be opened upon reception of order, and repeated in each successive billable period thereafter at the then applicable prevailing rates and charges, unless written notice of cancellation is received from User prior to the beginning of the next billable period. Any features or overages will be liable for charges and will automatically be added to the account and charged on the User's statement date. Cancellation and closure of service may take up to thirty days after receipt of intent to cancel.

2. Charges for "billable period rate" services are payable prior to the beginning of each period. Failure to pay in no way relieves the user's obligations to make full payment. User hereby agrees to pay any and all attorney fees, court costs, and related expenses incurred by ContractDesk in the collection of any amount due it.

3. ContractDesk may, with 30 days written notice, amend the rates and or charges for any future server usage and/or services.

4. User agrees to use all ContractDesk services and facilities at User's own risk. ContractDesk specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall ContractDesk be liable for any loss, or loss of data, or any other damages.

5. User agrees to protect and indemnify ContractDesk against any and all liability, loss, or expense arising from claims of libel, unfair competition, unfair trademarks, trade names or patents, violations of rights and privacy and infringement of copyrights and property resulting from User's use of ContractDesk services.

6. ContractDesk reserves the right to cancel any account, at any time, without notice, for any reason ContractDesk considers appropriate. Use of the email system to send unsolicited email or Usenet postings is not allowed from any ContractDesk account. "Sexually Explicit Adult Content" is not allowed on ConctractDesk servers. At ContractDesk's discretion, access to ContractDesk's Internet Account may be revoked at any time for abusive conduct on the system and/or the Internet and its resources as a whole.( See Acceptable Use Policy ).

7. User agrees not to use disk space provided by ContractDesk for uploading files not directly related to his website. At ContractDesk's discretion, any such activities deemed inappropriate by ContractDesk may result in termination of access to ContractDesk's Internet Account. User also agrees not to use any server side program that requires unusual amount of server resources. If and when User website's server processing usage exceeds what is considered usual, ContractDesk shall offer new pricing deemed appropriate for such usage by ContractDesk. If User declines the said offer, the ContractDesk may cancel User account at ContractDesk's discretion. ContractDesk shall be the sole arbiter of what constitutes unusual amount of server resources. User agrees not to store any archival files in the disk space on ContractDesk servers. 90% of files stored on the servers must be linked to the website. Violation of this rule may result in termination of access to ContractDesk's Internet Account. Websites designed to distribute softwares and/or multimedia files are subject to special pricing. For accounts under which the disk space is resold, the traffic allowance is halved and subject to special pricing.

8. User is solely responsible for usage of ContractDesk services and any statement User makes on ContractDesk's system may be deemed a "publication" of the information entered. Acknowledging the foregoing, User specifically agrees not to use ContractDesk's service in any manner that is illegal, libelous, or against any ContractDesk policy.

9. ContractDesk reserves the right to cancel any services/account without notice for reasons it sees as fit and just.

10. Each of ContractDesk's web hosting plans except for as stipulated below carries a 30 day unconditional money back guarantee. If you are not completely satisfied with our services within the first 30 days of your contract, you will be given a full refund of the contract amount excluding any overages and the set-up fee. In the event of cancellation of an account for which set-up fee was waived, the set-up fee as stipulated at the time of User placing the order for the domain will be charged to User's account. For web hosting contracts the full monthly contract amount except for domain registration fees and charge for overages will be refunded if ContractDesk is notified within the first 30 days following activation. No refund is available after the 30th day. All cancellation requests must be submitted to ContractDesk by email or regular postal mail. This 30 day money back guarantee as described above is not valid with the following services: reseller accounts, domain parking plus, and dedicated servers.

11. The billable service period begins on the date the services indicated in this agreement become available to User. Any traffic or feature overage will be billed immediately after it occurs. Traffic or feature overages will be calculated using daily traffic limits/and or standard charges.

12. This Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Virginia, and the courts of the judicial district of the Commonwealth of Virginia shall have exclusive jurisdiction in respect of any proceeding in connection with this Agreement.

13. THE ABOVE ACCOUNT AND BILLING INFORMATION APPLY TO YOUR TERMS OF USE AGREEMENT.