9G BACKUP™ Payment and Refund Policy
Last Revised: April 19, 2012
1. Cogitate's only accepted method of payment is
a major credit card. The types of card we accept are listed in your Account.
2. You must prepay to use the 9G BACKUP™ data storage
services. We will not activate or reactivate Accounts without receiving payment
in advance.
3. All fees and renewal fees are due on or before the
due date of the renewing Account. You can find the due date for your Account in
your 9G BACKUP™ Console..
4. You must provide us with complete and correct Account
sign up information. We reserve the right to not activate or deactivate accounts
with questionable sign up details, as determined in our sole discretion.
5. We are not responsible for any losses or expenses
incurred by you, due to actions taken by Cogitate in response to your non-payment
for our services. This may include the loss of any data stored on our system.s.
6. Upon sign up, Cogitate places each Account on
automated, recurring billing. By purchasing Cogitate services, you
authorize Cogitate to place your Account on a recurring, automated payment plan.
Your credit card will be billed automatically in accordance with the terms of the
plan you select. For example, if you choose to pay on a monthly basis, then your
credit card will be automatically billed each month.
7. You bear sole responsibility for knowing your payment
due date and ensuring that you have enough funds in your credit card Account to
pay for the service fees. We are not responsible for any charges you may incur as
a result of insufficient funds or otherwise.
8. If Cogitate is unable to process a payment for your
Account by its due date, Cogitate may immediately, and without any additional notice,
suspend your Account by disabling service features in whole or in part. Your Account
will remain suspended until Cogitate receives payment for its services. Furthermore,
in the event your Account is suspended due to non-payment, Cogitate may permanently
disable service features and terminate your Account within thirty (30) days from
when Cogitate last received payment from you. Cogitate may provide you with notice
of your pending Account closure by sending an e-mail message to the registered e-mail
address(es) associated with your Account.
9. Other than for your failure to comply with the 9G
BACKUP™ Data Storage Software End User License Agreement (“EULA”), Cogitate will
use commercially reasonable efforts to make the data you store with us available
for you to download for a period of three (3) days after Account termination. Cogitate
has no obligation to provide you with a copy of your data and may remove and discard
any backup data.
10. If an Account has been suspended due to non-payment
of fees, we will only reactivate the Account upon receipt of full payment, including
all overdue fees.
11. It is a violation of this Policy for you to misuse
or fraudulently use credit and debit cards, as solely determined by Cogitate. Further,
Cogitate may report all suspected misuses and fraudulent uses to appropriate government
authorities, credit reporting services, financial institutions and credit card companies.
Cogitate reserves the right to seek any appropriate remedies, whether in equity
or at law, against you for any losses Cogitate incurs as a result of your actions.
12. Refunds on multi-period plans (i.e., annual and
biennial plans) may be granted on a prorated basis for the unused portion of the
period purchased, in whole month increments, and shall not include the current month.
13. If you do not wish to continue services with Cogitate,
or do not wish to renew your Account, you bear sole responsibility to cancel your
Account prior to your renewal date to avoid any further charges.
14. You may cancel your Account at any time without
prior notice to us and for any reason. Similarly, Cogitate reserves the right to
cancel your Account at any time and for any reason, including, but not limited to,
a breach of this Policy, the EULA or any other agreements we may have in place.
15. You have ninety (90) days to dispute any charge
or payment processed by Cogitate. If you have a question concerning a charge you
believe is incorrect, please contact us at 9gbackup@cogitateinc.com. If you improperly
dispute a charge, Cogitate reserves the right to seek any appropriate remedies,
whether in equity or at law, against you for any losses Cogitate incurs as a result
of your actions.