Billing Policy
Apvio, Inc.
(Version 1.5 - Last updated: May 1st, 2006)

The following constitute Apvio's Billing Policy and applies to all Apvio Customers. Customer will abide by, and Services provided in accordance with, this Billing Policy (the "Billing Policy"); as such Billing Policy may be changed by Apvio from time to time. The Billing Policy is part of Apvio's Terms of Service and hereby incorporated and made a part thereof by this reference.

Payments

All Service Fees are shown in US Dollars. Payments are to be made in US dollars. Service Fees are posted to the Customers account on the Account Invoice Date, and payments are due on the Account Due Date. The Account Invoice Date is the first day of each Billing Cycle; typically starting the day of your Order, the date you specified on an Apvio payment form, or the first day of the month. The Account Due Date is no later than fifteen (15) days after the Account Invoice Date if paid by check, or the the first day of your Billing Cycle if you pay by credit card. Service Fees subsequent to your initial Order will accumulate in your account and will be posted on the next Account Invoice Date. The Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services provided hereunder (excluding any tax on Apvio's net income). All such taxes will be added to Apvio's invoices for the Service Fees as separate charges to be paid by Customer. All fees are fully earned when due and non-refundable when paid.

You are responsible for directly updating, or notifying Apvio, of any changes to your billing information (including, but not limited to your billing address, card number, card status, and expiration date).

Late Payments & Aging

If any invoice is not paid by the Account Due Date, Apvio may charge Customer a late fee of one percent (1%) per month or the maximum rate permitted by applicable law, whichever is less, subject to a $5 minimum. Accounts that are fifteen (15) or more days past due may be automatically suspended at Apvio's sole discretion. In the event of a suspension of the Services, upon a reactivation request by Customer, Customer shall pay Apvio a reactivation fee in addition to full payment of the outstanding balance due. Reactivation of services will only be performed during Apvio's normal business hours (Monday through Friday, 9:00 am - 6:00 p.m., Pacific Time, excluding holidays.). All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.

Usage Fees

If Customer uses resources in excess of the limits established for the Services in the Service Description(s) plus any resources purchased by Customer in addition to the Service Description, Apvio will, without limiting its other rights or remedies, assess Customer's account with additional usage fees as specified in the Service Description.

Billing Cycles (Terms)

Apvio offers two terms for our Services: Monthly (month-to-month) and Yearly (12 months). The Monthly Billing Cycle begins on the day of your Order and ends on the day before the same date in the following month. The Yearly Billing Cycle renews on the anniversary of your Order. Resellers are limited to the monthly Billing Cycle for all of their Service Fees.

You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the beginning of the next Billing Cycle.

All additional features added to an account are charged monthly. Additional items are non-refundable.

Invoices & Statements

Apvio currently sends all invoices and statements via US Mail. Electronic statements can be issued on a per request basis by contacting Apvio Customer Service.

Fees

Returned (NSF) Check, a $25.00 fee will be charged for any returned (NSF) checks. Customers that issue an NSF check may be required to submit future payments with a certified check or money order.

Credit Card Chargeback, a $25.00 fee will be assessed for each credit card chargeback received by Apvio.

Reactivation, customers that wish to reactivate a closed/suspended account will be assessed a $25 reactivation fee. A $100 fee will be assessed if Apvio restores your data files to your reactivated account.

Account Renewals

In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed on Monthly Terms, which you may elect to change any time thereafter, which would become effective at the beginning of the next Billing Cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.

Cancellations

Services will automatically renew until a plan is cancelled. In order to cancel service, you must contact Apvio, Monday through Friday, 9:00 A.M. to 5:00 P.M. Pacific Time, at (206) 686-6400. Apvio's billing representatives will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service. Cancellation requests must be received by Apvio a minimum of thirty (30) days prior to the end of your Billing Cycle for dedicated server plans, and a minimum of ten (10) days prior to the end of your Billing Cycle for all other plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by Apvio. Apvio is unable to cancel your account effective for a future date. Apvio will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Apvio as soon as possible.

Apvio does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, domain registrars, your ISP, or any other secondary issues not directly related to Apvio's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Apvio, Inc. reserves the right to cancel any account, at any time, without notice, for any reason Apvio, Inc. considers appropriate.

30 Day Money Back Guarantee

Each of Apvio's hosting plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund of the fees paid in advance upon plan cancellation. The following services do not qualify for the 30 Day Money Back Guarantee: additional items and services; domain name registration and over usage fees.

Refund Policy

Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days.

Credit Card Disputes/Chargebacks

Apvio has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at Apvio's discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback.

Billing/Price Changes

Apvio's policies and prices are subject to change without notice. Any price changes become effective in the next Billing Cycle.