Billing Policy (Terms and Conditions of Sale)

1.0 Account Payment

A. Payment via Credit Card

Datility Networks, Inc. accepts payments via Mastercard and Visa. Usage of a credit card indicates authorization to cover all future recurring charges and additional fees (including but not limited to excess bandwidth, managed services, and service changes) with the credit card on file. Credit cards will be charged prior to services being rendered and seven (7) days prior to the renewal date for services.

Datility Networks requires the signature of the actual cardholder as well as the person initiating the service order and agreement. Additionally, a photocopy of both sides of the credit card must be included with the service order before Datility Networks will accept the order. In the event that there is no signature on the back of the credit card, a photocopy of the cardholder's drivers license with signature is required.

B. Other Payment Methods

Datility Networks, Inc. accepts payments by personal check, company check, and money order. All funds must be payable in US dollars. Datility Networks does not accept international checks in foreign currencies.

C. Returned Check Fee

In the event that a check is returned, service will be immediately suspended and customer will be sent a suspension e-mail. If within the thirty (30) days the customer fails to pay all service fees, including a $150.00 reactivation fee and a $25.00 returned check fee, customer's account will be turned over for collections and interest will begin accruing at the rate indicated in the hosting contract. After sixty (60) days delinquent, Datility Networks reserves the right to dismantle client's server, including the removal of all files, and will turn the balance due Datility Networks from the signed contract over for collections.

2.0 Extra Charges

A. Managed Services Fees

Client agrees to pay all authorized managed services fees upon completion of service. Datility Networks will provide client with an estimated amount prior to rendering services unless service is performed outside normal business hours. Datility Networks will pre-authorize a charge against client's credit card in the amount of the estimated charges prior to performing managed services. Upon completion of service, Datility Networks will settle the exact charge against the credit card. All managed services fees must be paid via Mastercard or Visa. Clients unable to pay for managed services by credit card may pay by check or money order (drawing upon a U.S. financial institution), though Datility Networks must receive payment in advance of managed services being rendered. For managed services performed outside normal business hours, Datility Networks will charge client's credit card during the next business day. In the event a charge is declined after services have been performed, client's service will be immediately suspended and e-mail notification of such will be sent by Datility Networks. Datility Networks will reactivate client's server upon receipt of payment in full plus a $150 reactivation fee. This policy is non-negotiable. Recurring charges will continue despite any suspension.

B. Excess Bandwidth

Datility Networks affords client the ability to shutdown bandwidth to server upon reaching the amount of bandwidth purchased on the Service Order. Additional bandwidth is billed per the contract agreed to. If client fails to shutdown bandwidth when the amount purchased is completely used, client authorizes Datility Networks to charge client's credit card on file for an additional block of bandwidth equivalent in size to that originally purchased on the Service Order. In the event that a charge for excess bandwidth fails, Datility Networks will immediately suspend all services to the server until full payment in addition to a $150 reactivation fee is received by Datility Networks. Clients who pay by check or money order are solely responsible for monitoring bandwidth consumption and having appropriate excess bandwidth fees paid in advance of utilizing all bandwidth purchased. This policy is non-negotiable. Recurring charges will continue despite any suspension.

C. Server Upgrades / Service Changes

Client authorizes Datility Networks to charge credit card on file for any authorized server upgrades or changes. Such changes shall be agreed to in writing and faxed to Datility Networks at (316) 283-6850. Server upgrades and service changes shall not be performed until payment in full is received. Client may pay for server upgrades or service changes by check or money order. Such payment must be received in advance.

3.0 Late/Non-Payment

A. Accounts with Non-Usable Credit Cards

Credit cards on file are not usable when any of the following occur:

The card has expired;
The card declines the charges;
The card is reported lost or stolen;
The card is declared invalid.

Datility Networks charges credit cards seven (7) days in advance of the new billing term. If a credit card payment fails, the customer will be sent an e-mail notice allowing seven (7) days to rectify the situation either with a new payment method or by updating the credit card. Client will be afforded the opportunity to correct the situation at anytime during the seven (7) days. If the client fails to correct the situation during this time, Datility Networks will reattempt the charge on the first day of the new billing cycle. If the card still does not accept our charge and no other payment has been received, the account will be suspended without exception. The customer will have the option of reactivating the account after paying the full amount of the invoice due. An additional fee of $150.00 will be assessed for reactivation. The reactivation fee is non-negotiable. Upon suspension of the account, Datility Networks, Inc. will send an e-mail deactivation notice to customer. All accounts more than thirty (30) days past due will be charged interest from the due date of the lesser of (i) 2% per month on the past due amount; or (ii) the highest legal rate of interest. Accounts past due more than thirty (30) days will be turned over for collections through Dun and Bradstreet.

B. Late Check/Non-Payment

If payment has not been received prior to the renewal date of an account, the account will be suspended on the first day of the new billing cycle. Upon suspension, Datility Networks, Inc. will send an e-mail suspension notice to customer. The customer will have the option of reactivating the account after paying the full amount of the invoice due. An additional fee of $150.00 will be assessed for reactivation. All accounts more than thirty (30) days past due will be charged interest from the due date of the lesser of (i) 2% per month on the past due amount; or (ii) the highest legal rate of interest. Accounts past due more than thirty (30) days will be turned over for collections through Dun and Bradstreet.

4.0 Cancellation Policy

A. Requesting an Account Cancellation

A cancellation will only be accepted if it is done in the following manner:

The customer must fax a cancellation request to (316)283-6850. The request must include the following information:

Account Name / ID
Cancellation Reason
Signature of Account Owner

All account cancellations must be received in the above manner at least thirty (30) days in advance of the date of renewal. Accounts cancelled with less than thirty (30) days notice shall be cancelled at the end of the next term and shall be charged accordingly.

B. Results of a Cancellation

When a cancellation request is made, Datility Networks, Inc. will disconnect the server and remove all configuration information as well as all contents of the account on the date of the next renewal of the account. Customer may request immediate cancellation if so desired, but customer's obligation for payment continues under the terms of the signed contract. Upon cancellation, Datility Networks, Inc. will remove all files. This may include unread e-mail left on the server.

5.0 Refund Policy

A. Refunds within the First 30 Days of Service

If an account is cancelled within the first thirty (30) days of service, the customer will receive a refund of all monthly fees less one (1) month. Setup fees will not be refunded.

Refunds will be credited to the credit card on file for credit card paying accounts. Accounts paid by check or money order will receive a check via postal mail within sixty (60) days of cancellation.

B. No Refunds Outside of the First 30 Days

Datility Networks, Inc. does not offer refunds for services after the initial thirty (30) days of service.

6.0 Keeping Billing & Personal Information Current

A. Updating Your Billing and Personal Information

You can update your billing and personal information changes to Datility Networks, Inc. online through the Server Administration Utility. Datility Networks requests that clients indicate an e-mail address not served by the dedicated server to be used for contacting client, as this will allow Datility Networks to contact client even if service is interrupted.

B. Out-of-Date Records

Periodically it may become necessary for Datility Networks, Inc. to contact the customer. If the information provided to us is not current, it may lead to the customer failing to receive notices. The customer is solely responsible for keeping all personal and billing information current at all times.

Datility Networks, Inc. is not responsible for actions that are taken as a result of a customer's failure to respond to Datility Networks, Inc.'s notices.

7.0 Taxes

A. Customer Liability

Datility Networks, Inc. shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from customer. Customer is solely responsible for all taxes and fees of any nature associated with Datility Networks, Inc.'s products and service.

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