The act of discontinuing a Service or a product provided by DIGITALWY LLC is defined as an act of Cancellation. The Client agrees that a Cancellation request can be submitted anytime upon submitting the request via [email protected].

During the process of canceling a product or a Service DIGITALWY LLC will attempt to resolve the reason for the Cancellation request if such is provided and act in the best interest of the Client. In case the Product or Service is no longer suitable for the Client, DIGITALWY LLC will act in compliance with our Terms of Service policy.

Service Cancellation:

A product or Service can be canceled either by the Client or DIGITALWY LLC No third-party service, entity, or jurisdiction can request nor achieve service cancellation on a Client’s behalf.

Service Cancellation by the Client: for a product or a Service to be canceled by our Clients, a proper cancellation request must be submitted. To submit a Cancellation Request the Client should submit a Cancellation ticket explaining the reason for the cancellation.

The Client agrees and acknowledges that types of service cancellation depend on the billing period and type of Services chosen by the Client:

• Next Due Date Cancellation – the service will remain active until the next due date and when the date comes the service will be canceled.

• Immediate Cancellation – the service will be canceled immediately after the cancellation request is approved by DIGITALWY LLC Immediate Cancellation does not constitute grounds for a refund to the Client.

DIGITALWY LLC cannot be held responsible for any data loss due to Service suspension or cancellation. It is the Client’s sole responsibility to keep the data of their web hosting accounts fully backed up remotely for any loss of data to be avoided.

we reserve the right to retain the Client’s data in the event that a cancellation request was made erroneously. We guarantee that the data will not be transferred to another client or any other third-party except as provided by ToS and applicable legislation. Additionally, we may retain data at our own discretion for the purpose of Service restoration. If Clients wish to definitively erase their data, they must explicitly request data erasure by leaving a comment in the cancellation request in the appropriate field.

Termination of Service by DIGITALWY LLC:

You agree and acknowledge that any product or Service offered by DIGITALWY LLC can be canceled or suspended, cease transmission of data associated with your domain name immediately and without notice, permanently remove your data from the DIGITALWY LLC equipment, and DIGITALWY LLC can take any other actions it deems necessary, in its sole discretion, immediately and without notice, to comply with the relevant Laws if it is informed or otherwise believes, in its sole discretion, that your web site violates the intellectual property rights of any third party or is otherwise the subject of a dispute. Canceled by DIGITALWY LLC services are not subject to partial or full refund nor is DIGITALWY LLC obligated to give any prior notice to you. DIGITALWY LLC will not be held responsible for any loss of data in case the service is canceled by us. You waive any and all claims you may have, now and forever, against DIGITALWY LLC relating to the content, use, and operation of your web site and agree to indemnify and hold harmless DIGITALWY LLC from and against any such claims.

You agree that the reason for the cancellation of service by DIGITALWY LLC can be, but is not limited to:

• violation of DIGITALWY LLC Terms of Service;

• involvement of the web hosting account in an illegal or forbidden by the DIGITALWY LLC Terms activities;

• you fail to pay fees due;

• multi-accounting, if any of the accounts violate our ToS;

• any other lawful reason.

Apart from the above-mentioned reasons DIGITALWY LLC may also terminate services with one (1) day notice if the Service(s) become impractical or unfeasible for any technical, legal, regulatory or any other reason.

If such a reason arises, DIGITALWY LLC will act according to the severity of the violation and according to the ToS and this policy. Depending on the severity of the violation DIGITALWY LLC reserves its right to take appropriate actions, which may include any of the following measures:

• Suspensions: temporary suspension of the Service, during which access to the Service is restricted.

• Service Limitation: restriction or limitation of specific Services provided.

• Immediate Termination: in case of material breaches of the ToS, DIGITALWY LLC may have the discretion to terminate the services immediately, without any prior notice or refund.

• Next Due Date Termination: the service will remain active until the next due date and when the date comes the service will be terminated.

• Prohibition on a new orders creation: DIGITALWY LLC reserves the right to prohibit the client from creating any new orders for a specific period of time or indefinitely.

Please note that the implementation and use of these measures will be at the sole direction and discretion of the DIGITALWY LLC. The severity of the violation will be determined on a case-by-case basis, and the DIGITALWY LLC will take into consideration the nature and impact of the violation in deciding on the appropriate course of action.

In most cases, we will try to resolve it first before committing to the complete termination of service, if it doesn’t materially breach our ToS. This means that we will open a support ticket with a complete description of the violated terms and, if possible, give our Clients respectful time to resolve the outstanding case. The period starts immediately after a ticket is opened in our system. The Client is solely responsible for being aware of the ticket as well as for resolving it accordingly.

In the event of termination by DIGITALWY LLC, all future charges that would be payable under any outstanding Service Order shall become immediately due and payable.

Client acknowledges that in the event of termination of this Agreement or any applicable Service Order, DIGITALWY LLC has no obligation to continue to provide Services to the Client. Client further agrees that it will immediately affect an immediate transition of Services to another provider.

You are responsible for backing up your data on your own computer. DIGITALWY LLC does not warrant or otherwise guarantee that it will back up your data or that data which has been backed up can be retrieved and will not be responsible for any archiving or backup of your data. If any of your data is damaged, deleted, lost, or corrupted in any way, or becomes otherwise unavailable due to termination or suspension of your account pursuant to this policy and ToS, DIGITALWY LLC will have no obligation or liability to you.

Refund Policy:

We do not provide refunds upon Client’s request except in the following cases, which we may consider, but in any case, do not guarantee the refund:

• offered by us during or after Services ordering as agreed and documented in a ticket correspondence, except the cases of Client’s violation of the Terms or applicable legislation;

• SLA downtime refunds as per the Service Level Agreement (SLA): 100% for the current month and any remaining for the next month, up to a maximum of 30 calendar days. Anything beyond 30 calendar days constitutes only the current period and future occurrences;

• before the Services is issued to the Client and the access to the Services has not yet been granted;

• by mutual agreement of the Parties;

• refunds specified explicitly on the ordering page of a specific service, where the service has its own refund policy, which prevails;

• refunds of balances are not processed unless agreed upon by the Parties.

Refund Methods: Refunds will be provided in the currency of payment through the original payment method, from which the payment originated, in the same currency and amount as agreed upon with the Client minus payment system commissions, excluding cryptocurrency. Cryptocurrency refunds are the least preferred method due to the nature of cryptocurrency as digital assets, which cannot be reversed in transactions and are subject to erratic market exchange rates. We accept no responsibility for any risks associated with such volatile investments. Even in cases of Service Level Agreement (SLA) violation, the amount is determined by us (either equivalent or in cryptocurrency) and converted accordingly. In most cases, cryptocurrency refunds are not provided due to the risks associated with untrusted addresses. Refunds are only made to the address from which the payment originated. If access is not available, refunds are not processed except in very rare cases by mutual agreement. DIGITALWY LLC commits to refund the order within ten (10) business days for an amount received in currency of account, less any amount for set-up fees, non-standard servers or server components provided under a special Client request or third-party licenses.

Chargeback and Disputes:

Should you think that your billing or charges are incorrect, it is absolutely necessary for you to reach out to us in writing. We both agree to collaborate with each other honestly and gracefully toward settling any conflict concerning billing. If a “chargeback” dispute is triggered due to this disagreement, the Service(s) shall be suspended until the debate has been settled up. For reactivating your Service(s), all pending payments must first be paid off. In addition to the outstanding balance, there could be a chargeback fee associated with pre-arbitrations and chargebacks. The magnitude of this fee - as well as when it is charged off - depends on your case. If a Chargeback is initiated, your account will be temporarily suspended. To resume your use of Services, you must:

• To resolve your disputed transaction.

• Pay any applicable fees in full, including any fees and expenses incurred by DIGITALWY LLC and/or any third-party services for each Chargeback received (including fees for DIGITALWY LLC provided prior to the Chargeback, handling and processing charges, and fees incurred by the payment processor).

In cases of blatant payment or criminal fraud chargebacks, the service will be discontinued without any opportunity for recovery. This policy is non-negotiable and enforced permanently.

Before filing a Chargeback or reversing any payments made to DIGITALWY LLC, we strongly encourage you to first contact our Billing Support team. Taking this step will help avoid the unwarranted suspension or cancellation of your Services and account blockage, along with additional fees for an erroneous chargeback. Furthermore, all charges paid for the services purchased from DIGITALWY LLC must be re-paid in full if a chargeback is filed without contacting our billing support team beforehand. We maintain the right to dispute any Chargeback we receive, including by providing evidence of authorization from the Client in question and proof that they made use of our Services.