We will work with you to make you satisfied with our work. However, if a refund is requested and granted, all property created by Misfit Interactive including graphics, content, and code, will remain the property of Misfit Interactive.
A refund will not take effect in any of the following events:
You have approved your site design, logo design, you have approved the start of development, or your site has been fully developed. If a project is cancelled or postponed, all monies paid are retained by Misfit Interactive and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
Payments for Search Engine Optimization, Internet Marketing and Social Media Optimization services are nonrefundable, and Misfit Interactive does not issue pro rata refunds for fees paid in advance. Once a payment or deposit is made, it is non-refundable. All Setup fees are nonrefundable as it is applied to costs immediately incurred by Misfit Interactive in initiating services.
If the party for whom any logo or site design has been created closes, changes its name, or changes its activity.
If you do not communicate with Misfit Interactive for more than 30 days following the submission of logo design, web design, or web development.
Client fails to produce needed materials, imagery, or content agreed upon prior to starting project.
Chargebacks
If we receive a chargeback or payment dispute (i.e. PayPal Dispute) from a credit card company or bank, your service and/or project will be suspended without notice. A $50 chargeback fee (issued to recover fees passed on to us by the credit company), plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before service is restored, files delivered, or any further work is done. Instead of issuing a chargeback, please contact us to address any billing issues. Requesting a chargeback or opening a PayPal dispute for a valid charge from us is fraud, and is never an appropriate or legal means of obtaining a refund. Please read and make sure you fully understand our refund policy prior to making a payment.
Website Hosting
Unless otherwise provided, you agree that until and unless you notify Misfit Interactive of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
Payments for past months of web hosting are non-refundable. Hosting accounts are set up at the time of order and are allotted a specific amount of server resources, according to the plan purchased. If client did not make use of the account, payment for services is still due. Hosting accounts are not canceled until notice is received from the client in writing within 30 days with intent to cancel, or until 14 days after due date of payment not received. If client paid for hosting account for 6 or 12 months ahead and cancels service before plan expiration date, a refund may be given for the months not yet elapsed. If client received free products and/or services with their hosting plan purchase, the value of the free services will be deducted from the refund amount.
Any invoice that is outstanding for more than fourteen (14) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Misfit Interactive may suspend or terminate your account and pursue the collection costs incurred by Misfit Interactive, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Misfit Interactive will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
Misfit Interactive reserves the right disable and/or terminate a user’s hosting account if a user is found in violation of the terms. Accounts terminated due to policy violations will not be refunded.
Misfit Interactive is not responsible for transferring websites to and from the Misfit Interactive web servers unless the transferring service has been contracted and paid for in advance.
Misfit Interactive is not responsible for website security, only hosting account security. If the client uploads out-of-date website information, does not maintain their website security structure, plugin updates, etc., Misfit Interactive is not responsible for fixing websites that have been compromised by user action, inaction, or code. Misfit can provide these services separately through a maintenance agreement, but will not provide these services without one.
Misfit Interactive exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Misfit Interactive’s computers, network hubs and points of presence or the Internet. Misfit Interactive also does not monitor User Content. However, you acknowledge and agree that Misfit Interactive may, but is not obligated to, immediately take any corrective action in Misfit Interactive’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Misfit Interactive shall have no liability due to any corrective action that Misfit Interactive may take.
Non-Breach-Of-Contract
Upon non-breach-of-contract project cancellation by CLIENT, CLIENT will, in addition to any costs already paid, pay a “kill fee” of 20% of the total project cost outlined in the original contract within 15 days of the cancellation notice. In such case, CLIENT will be granted no right or license to the work. Upon non-breach-of-contract project cancellation by AGENCY, AGENCY will deliver to CLIENT all paid-for work and will refund 20% of the fees client has already paid to AGENCY during the course of the project in question.
How the money will be refunded if a refund is approved:
If you have paid using your credit card – the money will be transferred back to your credit card account within 30 business days after approval. If you paid using a check or money order, your refund will be returned to you by check.
