Service Fees
Paid Services
The use of certain CHAY Services may be subject to payment of particular fees, as determined by CHAY in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Important: if you are a Reseller User and your payment is made to the Reseller, then the provisions of subsections 5.1 (1), 5.1(4), 5.2, 5.3 (2), 5.4 (1) and 5.5 of this Section 5 with respect to such specific Paid Service may not apply to you and the payment and management of such Paid Service, shall be made directly with the Reseller according to the terms agreed upon between you and the Reseller.
Invoices
If you are a Reseller User and you pay the Reseller and not directly to CHAY, the following Section 5.2 does not apply to you.
CHAY and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by CHAY (“Invoice”).
Subscription Auto-Renewals
Money-Back Guarantee
If you are a Reseller User, and you pay the Reseller and not directly to CHAY, it does not apply to you.
We are happy to offer a 14-day money-back guarantee for our monthly or annual paid services when first purchased. This may be extended according to the law. If you are a Reseller User and pay the Reseller, this Section does not apply to you.
Please carefully check the terms of each service before buying, since some services are non-refundable.
Chargebacks
If at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees due directly to CHAY, on your CHAY account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the CHAY Services may be automatically disabled or terminated.
In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below).
Your use of the CHAY Services will not resume until you re-subscribe for any such CHAY Services, and pay any applicable Fees in full, including any fees and expenses incurred by CHAY and/or any Third Party Services for each Chargeback received (including Fees for CHAY Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).
If you have any questions or concerns regarding a payment made by you to CHAY, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the CHAY Services from being canceled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the CHAY Services purchased (and charged-back) by you.
We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and received or made use of the services rendered thereafter.
Chargebacks may bring us to cancel your account, so we urge you to avoid causing them. Please contact our Customer Support team before filing a chargeback. You will be responsible for any incorrect fees, losses and expenses that follow.
Cancellation
Cancellation by User
You may discontinue to use and request to cancel your User Account and/or any CHAY Services at any time, in accordance with the instructions available on the CHAY Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the CHAY Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period. Notwithstanding the aforesaid, any Paid Service (including Renewing Paid Services) purchased from a Reseller are subject to such cancellation terms as agreed between you and your Reseller.
Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge, the cancellation request should be made – if purchased directly from CHAY, at least fourteen (14) days prior to the expiration of the then-current service period, and if purchased and paid for to, a Reseller – pursuant to the provisions of your agreement with the Reseller.
Cancellation by CHAY
Failure to comply with any of the CHAY Terms and/or to pay any due Fee shall entitle CHAY, among other things, to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related CHAY Services (e.g., Paid Services) or Third Party Services to you.
If you open a User Account via a Reseller or purchase Paid Services from a Reseller, then CHAY is entitled to suspend, terminate or block access to your User Account and User Platform (or certain features thereof) as well as to the provisioning of any related CHAY Services or Third Party Services to you, also if: (a) CHAY is requested to do so by your Reseller; or if (b) Reseller fails to pay CHAY any amounts due to CHAY pursuant to the Reseller Agreement. You consent to these suspension and termination rights and acknowledge and agree that CHAY shall have no liability to you of any kind with respect to any such suspension or termination. Your sole recourse with respect to any such suspension or termination shall be against the Reseller.
Loss of Data, Content and Capacity
If your User Account or any CHAY Services or Third Party Services related to your User Account are canceled (whether at your request or at CHAY’S discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). CHAY shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any CHAY Services following their cancellation, as determined by CHAY in its sole discretion.
Following the termination of your User Account or User Platform, CHAY reserves the right to delete all data in the normal course of operation. Data cannot be recovered once your User Account or User Platform is terminated.