Refund and Cancellation Policy

This Refund and Cancellation Policy sets out the basis on which fees for the Bekap platform are payable, refundable and cancellable. It forms part of the Terms and Conditions between OhMyLabs LLC and the subscribing business, and words defined there have the same meaning here.

1. Who this policy applies to

Bekap is supplied to businesses for use in their trade or profession. It is not supplied to consumers. Statutory consumer cancellation and withdrawal rights, including the fourteen-day right of withdrawal available to consumers under EU distance-selling law, do not apply to a business subscription and are not offered voluntarily under this policy.

Nothing in this policy excludes or limits any right that cannot lawfully be excluded or limited.

2. How billing works

2.1 Fees are metered, calculated by reference to the number of mailboxes under backup for each Organization, at the plan rate set out in the Order. Usage is measured periodically and reported to our payment processor.

2.2 Billing is by invoice, not by automatic card charge. Invoices are issued through our payment processor and are payable within thirty (30) days of the invoice date unless the Order provides otherwise.

2.3 Each invoice covers a billing period in advance, unless the Order states otherwise. Invoices and receipts are available on the billing page within the Service.

3. Refunds

3.1 Fees are non-refundable once charged. This applies to the full amount of any invoice raised, whether or not the Service was used during the period to which the invoice relates.

3.2 We do not offer partial refunds, pro-rated refunds, credits or coupons for: cancellation part-way through a billing period; a reduction in the number of mailboxes during a billing period; a downgrade of plan tier taking effect during a billing period; periods of suspension arising from the Customer's breach or non-payment; or unused entitlement of any kind.

3.3 Where a reduction in mailboxes or a plan downgrade is requested, it takes effect from the start of the next billing period, and the fee for the current period remains payable in full.

3.4 We recognize that the strictness of this position depends on our own performance, and section 4 sets out the two circumstances in which we will make an exception.

4. Exceptions

4.1 Billing error. Where an invoice was issued in error, or overstates usage as a result of an error in our metering, we will correct it. At our option we will issue a credit against the next invoice or refund the overcharged amount. A billing query must be raised within fifteen (15) days of the invoice date, and we will investigate and respond within a reasonable period.

4.2 Termination by the Customer for our material breach. Where the Customer lawfully terminates for our material breach in accordance with the Terms and Conditions, we will refund the portion of fees paid in advance that relates to the period after termination takes effect. That refund is the Customer's sole financial remedy under this policy and is subject to the limitation of liability in the Terms and Conditions.

4.3 We may, entirely at our discretion and without setting a precedent, make a goodwill credit in circumstances not covered above. Any such credit is not an admission of liability and does not create an entitlement to further credits.

4.4 No refund is due for service interruption, failed backup jobs, failed restores, or data loss, whatever their cause. We do not offer a service level agreement or service credits under these terms. Our responsibility in those circumstances is governed by the warranties, disclaimers and limitation of liability in the Terms and Conditions, and specifically by the position on encryption key loss and on the Customer's own storage.

5. Cancellation

5.1 Notice period. The Customer must give notice of cancellation at least thirty (30) days before the start of the next billing period in order to avoid being invoiced for that period. Notice given fewer than thirty (30) days before the start of the next billing period will take effect at the end of that next period, which will be invoiced and is payable in full.

5.2 How to cancel. Cancellation is not currently a self-service function within the Service. Notice must be given in writing, from an email address associated with an Owner or Billing role on the Organization, to the support address notified to the Customer. We will confirm the cancellation and the date on which it takes effect. A cancellation is effective only when we have confirmed it in writing. Deleting users, disconnecting a Workspace domain, removing storage credentials, or simply ceasing to use the Service does not constitute notice of cancellation and does not stop fees accruing.

5.3 What happens on the effective date. Access to the Service ends and the Organization is deactivated. Backups stop. Fees already invoiced remain payable.

5.4 Where the Customer is a managed service provider, cancellation of the MSP account affects every Organization it administers. The MSP is responsible for notifying its own customers and for the consequences of that cancellation under its own contracts with them.

6. Your data after cancellation

6.1 Backed-up email content is not deleted by us on cancellation. It sits in the Customer's own storage bucket, under the Customer's own control and contract, and remains there until the Customer removes it or its own storage lifecycle rules do.

6.2 Where a customer-held encryption key applies to a backup connection, the Customer must retain that private key in order to decrypt that content after cancellation. We do not hold it and cannot recover it.

6.3 Account records, backup metadata and audit records held by us are dealt with in accordance with the Privacy Policy and the Data Processing Agreement. A request for a copy of, or deletion of, that data should be made before or shortly after cancellation, and is currently actioned manually by our team rather than through a self-service export function.

7. Non-payment and suspension

7.1 Where an invoice is not paid when due, we may charge interest and recover collection costs as set out in the Terms and Conditions, and may suspend access after written notice.

7.2 Suspension for non-payment does not cancel the subscription, does not stop fees accruing, and does not entitle the Customer to a refund or credit for the period of suspension.

7.3 Suspension does not delete backed-up content held in the Customer's own storage, to which the Customer retains direct access independently of the Service.

8. Price changes

We may change our fees on at least thirty (30) days' prior written notice, with effect from the start of the next Subscription Term. If the Customer does not wish to continue at the revised fees, it may cancel in accordance with section 5, giving notice before the revised fees take effect.

9. Taxes

Fees are exclusive of value added tax, sales tax, use tax and similar taxes and duties, which are payable by the Customer in addition. Where a refund or credit is made under section 4, any associated tax is adjusted in accordance with applicable law.

10. Changes to this policy

We may update this policy. Material changes will be notified at least thirty (30) days in advance by email to the Organization's billing contact or by in-product notification, and will apply from the start of the next Subscription Term. The version in force at the time an invoice is issued governs that invoice.

11. Contact

Billing queries, cancellation notices and requests under this policy should be sent to:

OhMyLabs LLC
75 E 3rd St, Sheridan, WY 82801, United States
Billing contact: legal@bekap.io