Refund Policy
X38 Networks Limited (“X38”, “we”, “our”) provides cloud platform
and configuration services, including but not limited to smart
dedicated servers, graphics processing units, object storage,
content delivery network service and continuous data protection
backup services (“Services”) to its customers (“Customer(s)”,
“you”, “your”), and such use of the Services by the Customers
shall be governed by online terms of service available at link
projectx38.com/policies/terms-of-service and/or a master services
agreement, if any, executed between X38 and the Customer. This
refund policy (“Policy”) describes the cases in which a refund may
be due to the Customer and sets out the terms governing such
refund. Your use of the Services or your registration with us for
availing the Services, constitutes your agreement to this Policy.
X38 may modify this Policy at any time by posting a revised
version of the same on X38's website and the amended version of
this Policy shall become automatically binding on you, if you
continue to avail of the Services.
❖ In connection of your use of our Services, a refund may arise
in the following cases:-
A. Refund for Invoice Discrepancies
If you find any discrepancies in our invoices with respect to
usage metrics or the Services subscribed by you and/or other
details mentioned on the invoice like GSTIN etc., you are required
to email us at billing-support@projectx38.com within 7 (Seven)
days of first receipt of Invoice on email id (s) registered with
us(“Invoice Email”).
We will verify the validity of the alleged discrepancies
internally and after verifying whether any refund is due, we may
at our discretion, offer you a credit note or infra credits and/or
refund the proportionate amount, wherever required.
If you do not inform us of any discrepancy within 7 (Seven) days
of the date of the Invoice Email, then thereafter, we will not
entertain any requests to modify bills/offer credit notes or offer
refund in any other form.
B. Refund in case of Deprovisioning of Services
All Services shall be presumed to be in an active state and shall
be billed till the date of de- provisioning of respective
Services. The Customer is required to follow the below process for
making any de-provisioning request:-
Services availed through Self Service Portal:- The Services
availed by you via self- service portal accessible at
https://myaccount.projectx38.com can be de-provisioned by you by
making a request through the self-service portal. For termination
of the Services, the Customer can follow the steps mentioned in
help article available at link
https://docs.projectx38.com/nodes/managenode.html.
Services Provisioned Manually:- Where Services have been
provisioned manually by our team on your request, you shall have
to explicitly file a request for de-provisioning of the Services
by sending an email to us at cloud-platform@projectx38.com
specifying explicitly the date of de-provisioning. Such request
shall be treated as valid only if sent through your authorized
technical contact and the de-provisioning shall have to be
unconditional.
On receiving your request for de-provisioning of Service(s), our
provisioning team will de-provision that/ those Service(s) and
send you and the X38 finance team a de-provisioning mail
(“De-provisioning Email”). We will cease billing for that/ those
service(s) from the effective de- provisioning date mentioned in
the De-Provisioning Email, which is copied to our finance team.
In case our finance team inadvertently misses accounting for a
De-provisioning Email and has billed you for the de-provisioned
services, we shall rectify the error by issuing a credit note or
infra credits, on receipt of an email to that effect from you. To
enable us to do the same we request you to email us at
billing-support@projectx38.com notifying us of the error along
with the details of the appropriate De-provisioning Email received
from provisioning@projectx38.com detailing the de-provisioning
request.
In case a De-provisioning Email has NOT been received by you, we
would request you to email cloud-platform@projectx38.com
intimating us of your previous de-provisioning request which was
NOT processed, along with a screenshot of such previous request.
The effective date of de-provisioning is usually the
deprovisioning date mentioned in the De-provisioning Email unless
the service had a commitment period, in which case, the effective
date would be the last date of such commitment period.
If you have NOT sent a de-provisioning request, you should send it
as soon as possible, so that our team can proceed to issue a De-
provisioning Email to you. Till the time the Services are de-
provisioned, you remain liable to pay for the same. The finance
team will be able to issue credit notes or infra credits only as
per the above-mentioned process.
The billing period for Services includes the day of provisioning
and the day of de-provisioning and all the days in between these
two dates. All manually provisioned services including
virtual/dedicated compute nodes are billed in advance as per the
monthly billing cycle (unless you have specifically requested for
a longer billing cycle).
If you request us to de-provision any manually provisioned service
before the end of its billing cycle, we may, at our discretion,
issue equivalent credit note or infra credits or refund the
remaining amount charged in advance in full minus any payment
gateway transaction charges to the source through which payment
was received earlier. Alternatively, if you continue to avail
other services that are still in the provisioned state, the
remaining amount may be adjusted in the next billing cycle.
C. Refund for Software Licenses provided with the Compute Nodes
The software licenses billed by us are billed for each calendar
month regardless of the period of usage during the month. Once a
software license has been used during a calendar month, it is NOT
eligible for a refund and you will be charged for the full monthly
cost of that license. Refund of software license cost paid for
unused future months is however possible, on receipt of an email
from you to us at billing-support@projectx38.com requesting the
same.
D. Refund of Prepaid Infra Credits
If you have any unused prepaid infra credits in your Customer
Account and you don't intend to use any further Services, then you
can request refund by sending email to
billing-support@projectx38.com, provided Customer account is not
in “Inactive/ dormant state”.
For the purpose of this clause, 'Inactive/dormant state shall mean
a Customer account which, at any point of time, has not consumed
any of the Services in the preceding 90 (Ninety) day.
No refund shall be due after the expiry of 90 day and we shall
have the right to invalidate such credits after following the
process mentioned in our TOS.
E. TDS Refund
In order to claim a TDS refund, please refer to our TDS help
article accessible at 'TDS Refund- How to claim TDS refunds? - X38
Networks Knowledgebase', for information on the process to be
followed.
❖ When will you not be entitled to a refund under this Policy:-
You shall not be entitled any refund in the following cases:-
a. Minimum Billing Committed Nodes: The committed nodes are
launched for a specific committed period for a fixed price and you
shall not be eligible for a refund of the amount paid for the
same. Additionally, you will not be eligible for a refund of the
minimum billing amounts charged in each billing cycle;
b. Promotional code benefits, free coupons etc. are not refunded;
c. The transaction fees charged by payment gateways is not
refunded;
d. If you have an outstanding balance in any of the linked
Customer accounts or if we suspect that your Customer account is
linked in any manner to another customer account(s) which has
outstanding dues, you will not be entitled to a refund. The
balance, if any, remaining after adjustment of the outstanding
balance for such linked customer account, shall be refunded to
you;
For the purpose of this clause, outstanding dues shall include
outstanding TDS payable for the Services, where a duly signed TDS
certificate has not been provided by you;
e. In case of suspected violations of our TOS, Company Policies
(as defined in our TOS) etc.; or
f. Any other cases, which at our discretion would disentitle you
to a refund.
❖ General:-
All requests for refund shall be sent to
billing-support@projectx38.com within the timeline mentioned
herein above. To the fullest extent permitted by applicable law,
you hereby waive all claims relating to fees/charges
payable/already paid to us unless claimed within the timeline
prescribed in this refund policy.