Refund & Cancellation Policy

This policy sets out plainly how cancellation works and when money is returned. It supplements the Master Service Agreement; where the two differ, the Master Service Agreement prevails.

1. Summary

Our services are business-to-business wholesale infrastructure. Each service is provisioned specifically for you, in a facility, on capacity we have committed to buy. For that reason charges for capacity that has been delivered are generally not refundable, and cancellation operates on notice rather than on demand.

This does not limit any right you have under law that cannot be excluded by contract.

2. How to cancel

Cancellation must be in writing. Any of the following is acceptable:

• An email to [email protected] from an authorized contact on your account.
• An email to your named account contact.
• A letter to our registered office at 3960 Howard Hughes Parkway Paradise, #500, Las Vegas, NV 89169, United States.

Please state the services and sites you are canceling and the date you want cancellation to take effect. We will acknowledge in writing within two business days and confirm the effective date. Cancellation is not effective until we have acknowledged it, so please chase us if you do not hear back.

We do not accept cancellation by telephone alone, because we cannot evidence it later. A call followed by written confirmation is fine.

3. Notice periods

If notice is given late, the service renews for one further period and cancellation takes effect at the end of that period. Service continues, and remains billable, until the effective date.

4. Canceling inside a minimum term

If you cancel before the end of a minimum term for a reason other than our material breach, the remaining committed charges for that term become due. This is set out in clause 10 of the Master Service Agreement and reflects the capacity and third-party commitments we entered into to deliver your service.

We would rather find a workable outcome than invoke that clause. Where your requirements have changed, talk to us: we will consider transferring the commitment to a different service, region, or term where it is commercially reasonable to do so.

5. When we refund

We refund, rather than credit, in these circumstances:

• Billing error. We invoiced you for something you did not order, at the wrong rate, or twice.
• Non-delivery. You paid for a service that we then could not deliver. Any non-recurring installation charge already paid is refunded in full.
• Failure to meet a firm delivery date. Where a service order states a firm date and we miss it by more than thirty days, you may cancel that service order and receive a full refund of amounts paid for it.
• Duplicate payment. We received the same payment twice.
• Cancellation before provisioning. You cancel a service order after signature but before we have begun provisioning, and we have not yet incurred third-party cost. Where we have incurred cost, we refund the balance.

6. When we do not refund

• Charges for capacity that has been delivered and was available for use, whether or not you used it.
• Committed charges for the remainder of a minimum term following early cancellation.
• Partial months. Recurring charges are not pro-rated on cancellation; service runs to the end of the paid period.
• Non-recurring charges for work already performed, including installation, cross-connects, and remote hands.
• Charges for a period during which service was suspended or terminated because of your breach of the Acceptable Use Policy.
• Third-party pass-through costs already incurred on your behalf, such as facility cross-connect fees.

7. Service credits

Failure to meet an availability, latency, or packet loss commitment is compensated by service credits under the Service Level Agreement, not by refund. Credits are applied against future invoices and are not paid in cash. Credits are the sole and exclusive remedy for a missed service level.

If your account is closing and you hold unused credits that arose from a service level failure, we will apply them against your final invoice. Credits have no cash value beyond that.

8. Billing errors

Tell us within fifteen days of the invoice date if you think an invoice is wrong, stating which line items are disputed and why. We will investigate and respond within ten business days. Undisputed amounts on the same invoice remain payable in the meantime.

Where we find an error in your favor, we will issue a corrected invoice or a refund at your option. Where we find an error in our favor that we had not billed, we will not backdate a charge more than three months.

9. How refunds are paid

• Refunds are made to the original payment method wherever possible.
• Where the original method is unavailable, we refund by bank transfer to an account in the name of the contracting entity.
• Approved refunds are processed within ten business days of approval. Time for funds to reach you depends on your bank or card issuer.
• Refunds are made in the currency of the original payment. We do not compensate for exchange rate movement between payment and refund.
• We do not deduct an administration fee from refunds.

10. Disputes and chargebacks

If something is wrong with an invoice, please raise it with us first. We would much rather correct an error directly than have it become a payment dispute, and we generally resolve billing questions within ten business days.

Initiating a chargeback or payment dispute without first raising the matter with us is a breach of the Master Service Agreement. Where that happens we may suspend affected services and require future charges to be paid in advance.

11. If we terminate

Where we terminate a service for convenience rather than for your breach, we refund charges paid for any period after the termination date on a pro-rata basis, and we do not apply an early termination charge.

Where we terminate for your breach, charges for the remainder of the minimum term become due as set out in clause 4 above, and no refund is payable for the terminated period.

Contacting us about this document

Questions about this document should go to [email protected]. Written notice under it may be sent to that address or by post to:

Squid Ventures LLC
3960 Howard Hughes Parkway Paradise, #500
Las Vegas, NV 89169
United States