Payments Policy

Term Inheritance:

The terms within this Payments Policy will be inherited by the Acceptable Use Policy, available on this website, unless otherwise denoted.

Additional Agreements:

This Payments Policy inherits all clauses from the Acceptable Use Policy and any other relevant Policies, available on this website, except where otherwise denoted.

Who This Agreement is for:

By purchasing any of the Services provided by the Provider, you accept and agree to be bound by the terms and provisions of this agreement and any other agreement published on this website and any website owned and operated by Create Azure LLC. In addition, when using any service provided by Create Azure LLC, or by cloudMonic (subsidiary of parent Create Azure LLC), you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified at-will by Create Azure LLC/cloudMonic.

General Purpose:

The purpose of this agreement (“Payments Policy”) is to set forth guidelines for the processing of payments and refunds for Users entering a relationship with the Provider or its representatives or agents and to determine the cancellation terms and Service Level Agreement (“SLA”) payment guidelines.

SLA Payments:

Any breach of a Service Level Agreement by the Provider in which requires compensation will be compensated in the form of account credits. These credits hold no monetary value outside of the usage as a credit on the next term’s invoice or on a new order, as is available in the Provider’s billing portal.

Refunds:

The Provider does not offer refunds except in the case of gross negligence, willful misconduct, or as required by the laws set forth by the state of Washington.

In the event a refund is processed, the Provider will process the refund within 7 – 14 business days. The Provider is not liable or responsible for delays due to the User’s bank, or interest, damages, or any other form of compensation due to processing time. All refunds must be approved by management, and approval time may take up to thirty (30) days depending on circumstances.

Cancellation Term:

Services that are billed on a month-to-month basis may be cancelled up to three (3) days prior to the next billing term. Cancellation requests that do not have at least a seventy-two (72) hour notice will be honored in the proceeding billing term, and one full term will be charged proceeding the cancellation request.

Services that are billed on a quarterly, semi-annual or annual basis may be cancelled up to thirty (30) days prior to the next billing term. Cancellation requests that do not have at least a twenty (20) business day notice will be honored in the proceeding billing term, and pro-rata of one month will be charged proceeding the cancellation request.

Services that are billed on a bi-annual or more basis may be cancelled up to sixty (60) days prior to the next billing term. Cancellation requests that do not have at least a forty (40) business day notice will be honored in the proceeding billing term, and pro-rata of one month will be charged proceeding the cancellation request.

All cancellation requests will be honored following the current billing term, regardless of the billing type or term length, and no refunds for unused time will be issued. The Services will remain active until the end of the billing term in all cases of cancellation.

Early-term cancellation is possible for annual or more billing terms when paid monthly, with a minimum of a ninety (90) day notice, or the equivalent of a 90-day buyout agreement, plus a re-stocking fee of 2% of the remaining billing term or $150 USD, whichever is more. Annual or more billing terms when paid up-front are non-refundable and cannot be cancelled early.

In the event a separate agreement provides for a larger notice period in the favor of the Provider, the Term/Termination clause of that agreement will supersede the Cancellation Term clause of this agreement.

Payment Agreement:

The User may be invoiced by the Provider at any time within thirty (30) days of the next billing term. The Provider may charge the User for the Services at any time within ten (10) days of the next billing term for quarterly, semi-annual, annual, or longer billing terms. The Provider may charge the User for the Services at any time within three (3) days of the next billing term for month-to-month billing terms.

The User will not be delinquent on payment until after 11.59pm PT on the due date of the invoice for the billing term.

Non-Payment:

The User is responsible for non-payment beginning on the first day proceeding the due date of the billing term at 12am PT.

If the User fails to pay dues for the Services, or any amount due under the Policies or future/prior agreement between the Provider and the User, whether by cancelling the User’s credit or debit card, initiating an improper or fraudulent chargeback, or any other means, the Provider may suspend or terminate the User’s access to the Services and revoke the User’s access to the site and Services with or without notification. Without limiting other remedies, the User must pay the Provider upon demand for amounts owed plus interest at the lesser of one-and-a-half (1.5%) per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law. To the extent of applicable law, the Provider may set off amounts due against other amounts received from or held by the Provider or credits in the Provider’s account for the User, make appropriate reports to credit reporting agencies and law enforcement agencies, and cooperate with reporting agencies and law enforcement authorities in any resulting investigation or prosecution.

The Provider reserves the right to delete any data stored on the Services for the User in the case of non-payment at any time starting from the date of responsibility of non-payment.