Refund policy

1. Purpose and scope

This Refund and Cancellation Policy, the “Policy,” is issued by Upkyo, the trade name of a Limited Liability Company organized under the laws of the State of New Mexico, USA, company number 6867626, referred to as “Upkyo.” It explains when a payment can be refunded and how to cancel or terminate a service.

It supplements the Terms of Service and the Billing and Renewal Policy. Unless mandatory law provides otherwise, no refund is owed outside the cases described in this Policy.

2. 30-day money-back guarantee

Web hosting and WordPress hosting plans come with a 30-day money-back guarantee. If you are not satisfied, you may request a refund of the price paid for the first term of these plans within 30 days after the date of your initial order.

The refund covers the price of the hosting plan itself. It does not include the services excluded under Section 4, even if they were ordered at the same time.

3. Guarantee conditions

The guarantee applies only to your first purchase of a web hosting or WordPress hosting plan, and only once per customer. A person, business or household that opens several accounts, or that uses the same payment method or contact details on several accounts, is treated as a single customer.

The guarantee does not apply to renewals, upgrades, later purchases by a customer who has already had Upkyo hosting, or services terminated by Upkyo for a breach of the Terms of Service or the Acceptable Use Policy.

Requests must be made by ticket from the client area, or by email to support@upkyo.com, before the 30-day period ends. Requests received after that period will be denied.

If a domain name was provided at no extra charge with the hosting plan, its registration cost at the current rate may be deducted from the refund. The domain name then remains yours, and you are responsible for renewing it.

4. Exclusions from the guarantee

The following are excluded from the money-back guarantee and are never refunded under it: domain names; registration, renewal, transfer or restoration fees for domain names; third-party licenses and services, regardless of the publisher; services already performed under a quote, including website design, online stores, SEO, automations and WordPress maintenance for the period already performed; and NordVPN resale.

The following are also excluded: cloud servers, VPS servers and dedicated servers; cloud backup; professional email ordered separately; add-ons, setup fees and additional resources; and amounts paid with promotional account credit or a discount code.

5. Non-refundable services

Except for the guarantee described in Sections 2 and 3 and any rights provided by law, amounts paid are non-refundable once the service term has started or the work has been performed.

Non-refundable items include: renewals of any service; domain names, which are registered with the registry as soon as they are ordered; work performed in whole or in part; activated licenses; and services provided by third parties.

6. No prorated refunds

If you cancel a service during its term, you will not receive a prorated refund for the remaining time, regardless of the term length, unless the law requires otherwise. The service remains available until the end of the paid term.

If Upkyo discontinues a service and ends an existing contract without any breach on your part, Upkyo will refund the portion of the price for the unused period or offer an equivalent service.

7. Right of withdrawal for EU consumers

If you are a consumer residing in the European Union, you have a 14-day right of withdrawal from the date the contract is concluded, under Directive 2011/83/EU on consumer rights and its implementation in your country of residence. You do not need to give a reason.

To exercise it, send a clear statement of your decision to withdraw before the period ends, by ticket from your client area or by email to support@upkyo.com, including your name, your account email address and the service concerned.

This right does not apply to business customers or to anyone ordering for the purposes of their trade, business, craft or profession.

8. Immediate performance and waiver

Upkyo services are activated as soon as payment is received. When ordering, EU consumers expressly request that performance begin before the withdrawal period ends.

If you then withdraw, you must pay an amount proportionate to the service provided up to the time you communicated your decision, as required by law. If the service has been fully performed before the period ends, with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal, that right can no longer be exercised. This applies in particular to the registration or transfer of a domain name, which is completed with the registry as soon as it is ordered, and to quoted work that has been fully performed.

Goods or services made to your specifications, such as a custom website, may also be excluded from the right of withdrawal where the law so provides.

9. Cancellation by the customer

You can cancel a service at any time from your client area, in the section for that service, by choosing cancellation at the end of the term or, where offered, immediate cancellation. You can also turn off automatic renewal without canceling the service right away.

Cancellation must be requested by the account holder or an authorized person. For security reasons, Upkyo may ask for confirmation. A refund request under the 30-day guarantee counts as a request to cancel the service concerned.

10. Effect of cancellation

Cancellation at the end of the term takes effect when the paid period ends, and the service remains available until then. Immediate cancellation, or cancellation linked to a refund, takes effect right away and the service is deactivated.

When a service ends, its data is deleted after the recovery period described in the Backup and Retention Policy. You are responsible for retrieving your files, databases and emails before the service ends. Canceling a hosting plan does not cancel your domain names, which follow their own expiration dates.

11. Termination by Upkyo

Upkyo may suspend or terminate a service without a refund if you breach the Terms of Service, the Acceptable Use Policy or the Billing and Renewal Policy, including in cases of abuse, unlawful content, security risk, nonpayment or fraud.

In that case, amounts already paid are retained by Upkyo, without prejudice to any other right or remedy, to the extent permitted by law.

12. How and when refunds are issued

Approved refunds are issued to the payment method used for the order, through Stripe or PayPal. If that method is no longer available, Upkyo may offer another method or account credit, with your agreement.

Upkyo issues refunds within a reasonable time after approving the request and, for a withdrawal, within the time required by law. How long the refund takes to appear on your account depends on your bank or PayPal. Refunds are made in euros; exchange rate differences or bank fees are not compensated.

Taxes charged are refunded in the same proportion as the pre-tax price, where the law allows.

13. Refund abuse

Upkyo may deny a refund request that appears abusive, including repeated requests, the use of multiple accounts, use of the service in breach of the Acceptable Use Policy during the guarantee period, clearly disproportionate resource usage or fraud.

Upkyo may also refuse future orders from a customer who has abused the guarantee.

14. Chargebacks

You agree to request a refund from Upkyo under this Policy before filing any dispute with your bank, Stripe or PayPal.

A payment dispute or chargeback results in immediate suspension of the affected services and account. Abusive chargebacks are handled under the Billing and Renewal Policy, and Upkyo may recover amounts due and any dispute fees charged to it, to the extent permitted by law. A service that has been subject to a chargeback is no longer eligible for the 30-day guarantee.

15. Liability, changes and governing law

The limitations of liability, the individual arbitration clause and the class action waiver in the Terms of Service apply to this Policy. Nothing in this Policy limits the rights granted to consumers in the European Union by the mandatory laws of their country of residence.

Upkyo may change this Policy. Any material change will be announced by email or in the client area before it takes effect, and will not apply to orders placed before that date.

This Policy is governed by the laws of the State of New Mexico and the federal laws of the United States. It is published in several languages; if the versions differ, the English version controls.

16. Contact

To request a refund, exercise your right of withdrawal or ask about a cancellation, open a ticket from your client area or email support@upkyo.com.

Mailing address: Upkyo, 1178 Broadway, 3rd Floor #1249, New York, NY 10001, USA.