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Refund policy

Primcast and its team endeavor to work directly with clients to identify and resolve any service-related issues in a reasonable and timely manner. A commercial refund outside the three days of the guarantee is considered only after reasonable efforts to remedy the problem have been exhausted. The rights the law gives you do not depend on this.

Commercial refunds are governed by this refund policy and the Primcast terms of service. Refunds due under the law follow the law.

1. Three different grounds for a refund

This policy describes three different things, each with its own rules.

1.1 The commercial refund guarantee

Any client can ask for their money back, for any reason and regardless of billing frequency, by a written request sent within three (3) calendar days of initial service activation. It is a benefit we offer in addition to the law. After those three days, a refund that neither the law nor section 1.3 requires is at our discretion. Sections 3 to 7 apply to these commercial refunds.

1.2 A consumer's legal withdrawal

If you are a consumer with a billing address in the European Union, you can withdraw from the contract within 14 days, under the conditions of the law, described in section 2.

1.3 When we do not supply the service

If Primcast is unable to provision or deliver the hosting or streaming service in accordance with the terms of service, due to an issue solely within Primcast's control, we refund the amount paid for the period in which you did not receive the service, calculated proportionally from the price paid, without the 15% administrative fee and without the other deductions of the commercial guarantee. The rule applies to all clients, consumers or professionals. Consumers have, in addition, the remedies the law provides when a service is not supplied or does not conform to the contract.

The commercial refund guarantee is in addition to legal rights. Its conditions, including any deductions, do not apply to legal withdrawal, to the legal remedies for non-supply or non-conformity, or to other refunds due under the law. In those situations we apply the legal conditions and time limits, without making the exercise of the right depend on the company's discretionary approval. SLA credit does not replace a consumer's legal remedies.

2. Consumers' right of withdrawal (OUG no. 34/2014)

Clients who are natural persons acting for purposes outside their commercial, industrial, production, craft or liberal professional activity are consumers and have, under Government Emergency Ordinance no. 34/2014, the right to withdraw from a distance contract within 14 days of the conclusion of the contract, without giving a reason and without penalty.

The right of withdrawal and the withdrawal function described in this section apply to consumers whose billing address, in the billing details the order is paid with, is in a member state of the European Union. Billing details that give no country are treated as being in the Union. This does not restrict any right the law gives a consumer.

Sections 3 to 7 hold the conditions of the commercial refunds of section 1.1. They do not apply to the withdrawal described in this section and do not restrict the rights the law gives consumers.

Starting the service immediately

On the order page you will find a separate option, not ticked beforehand, by which you can expressly ask for the service to start within the withdrawal period (art. 8(8) of OUG no. 34/2014). By the same option you acknowledge that, if you withdraw within the 14 days, you pay only the part of the price that corresponds to the service supplied until then, and that you can no longer withdraw once the service has been fully performed. The service is delivered to you in both cases, whether you tick the option or not. If you withdraw within the 14 days:

• if you did not tick the option, we refund in full the amount you paid and you owe nothing for what we supplied until the withdrawal (art. 14(6)(a) of OUG no. 34/2014); the same applies if we did not give you the information the law requires about the right of withdrawal and about what you would owe on withdrawing;
• if you ticked the option, you owe only the value of the service supplied up to the moment you informed us of the withdrawal, calculated proportionally, in the units in which the service is billed, under art. 14(5) of OUG no. 34/2014.

You lose the right of withdrawal only after the service has been fully performed, and only if performance began with your prior express consent and after you confirmed that you know you lose the right of withdrawal in that way (art. 16(a) of OUG no. 34/2014). A service is fully performed when we have supplied everything we promised under that contract; the end of a paid period of a service that continues does not mean it has been fully performed. Activating a monthly service does not mean it has been fully performed. We email you the confirmation of the contract, which includes your request and your acknowledgment, if you gave them.

Servers configured to order

A rented server, even if it is configured or assembled to your specifications, remains a service. For consumers, the right of withdrawal applies in this case too, under the conditions above.

Exercising the right of withdrawal

You can withdraw with the function "Withdraw from contract" in your account or at primcast.com/withdraw, where no sign-in is needed, or by an unequivocal statement sent to billing@primcast.com. The function is available for the whole withdrawal period, also when that period is extended. We confirm your withdrawal by email, without delay, with the content of your statement and the date and time you sent it.

We refund the amounts due within 14 days at most of the date on which we were informed of the withdrawal, less the value of the services supplied until then, if you expressly asked for the service to start. The administrative fee, the minimum month and the other deductions of sections 3 to 6 do not apply to a withdrawal.

The refund is made by the same means of payment you used, at no cost to you, unless you expressly agree to another means. We do not turn it into account credit without your agreement.

Paying in cryptocurrency does not limit the legal right of withdrawal or other refunds the law requires. For a payment made in cryptocurrency, we refund the invoice value of the amount due, paid in USDC at the rate of the day of the refund; we do not impose account credit and you bear no fee for the refund. We ask you for the wallet address and the network and confirm them with you before payment.

The legal right of withdrawal applies in addition to the commercial refund guarantee of section 1.1, and the consumer has the benefit of whichever is more favorable.

The server and your data after a withdrawal

A withdrawal does not mean your data is erased at once. Once we receive the declaration, we stop the service and the billing and take the server offline, but we keep it, with everything stored on it, for 15 days from the date of the declaration. We tell you that date in the confirmation of your withdrawal.

If you need anything from the server, write to us at billing@primcast.com within that time and we open access to it again, free of charge, so that you can copy your data. Nothing is erased while a request of yours is open. After the 15 days, or sooner if you tell us you need nothing from it, the server is erased for good. Stopping the service and the refund do not depend on your copying the data. Personal data is handled under the Privacy policy.

Alternative dispute resolution (SAL)

If you are a consumer and the complaint you sent us has not been resolved, you can turn to the alternative dispute resolution entity of the National Authority for Consumer Protection (ANPC), through the platform reclamatiisal.anpc.ro.

The SAL procedure is optional and does not restrict your right to go to court.

3. Billing cycles and refunds

A commercial refund does not depend on billing frequency. Monthly, quarterly, annual, or other prepaid billing cycles do not, by themselves, create a right to a commercial refund.

After the three days of the commercial guarantee, an amount paid in advance for a period in which the service is supplied to you in accordance with the contract gives no right to a commercial refund. Sections 1.2 and 1.3 and the rights the law gives you continue to apply.

4. Out-of-stock, build-to-order, and special-order services (important)

Certain dedicated server configurations offered by Primcast require build-to-order provisioning and may be temporarily out of stock due to hardware availability.

Once the client agrees to wait for the stated delivery window:

• The order is deemed a special-order, build-to-order service;
• A commercial refund, full or partial, is not given;
• The commercial refund guarantee of three (3) days does not apply;
• Any subsequent cancellation request will be treated as a termination, not a refund.

Once Primcast orders hardware components or allocates inventory specifically for the client's configuration, we no longer give a commercial refund. If we do not deliver the server within the stated window, nor within an additional period agreed with you, you can give up the order and you get back in full the amount paid, with no deduction.

For consumers, this section does not restrict the legal right of withdrawal of section 2: a rented server, even configured to order, remains a service.

5. Calculation of a commercial refund

• Refunds are issued on a pro-rated basis using monthly pricing;
• A minimum of one (1) full month is non-refundable if cancellation occurs after three (3) days;
• A 15% administrative fee is deducted;
• Setup (installation) fees and software licenses are not refunded;
• Usage-based charges are deducted prior to refund;
• A standardized 30-day month is used for calculations.

These rules concern the commercial refunds of section 1.1. They do not apply to a consumer's legal withdrawal of section 2 or to the refund of section 1.3.

6. Non-refundable circumstances

A commercial refund is not given for:

• Client-side configuration or software issues;
• Third-party network or protocol issues;
• Dissatisfaction after the refund window;
• Special-order or build-to-order services;
• Refusal to cooperate with reasonable troubleshooting efforts;
• Unused service time;
• Downtime credits (no cash value).

This list concerns commercial refunds. It does not restrict the legal withdrawal of section 2, the refund of section 1.3 or the remedies the law gives consumers.

7. Cancellation and billing

Failure to cancel before the billing cycle ends results in charges through the end of that cycle.

Overpayments made because a subscription with a third party (for example PayPal) was not canceled are refunded once verified.

8. Chargebacks and disputes

Please contact us first, where possible, so that we can resolve the problem. This does not limit the right to dispute a payment, the refunds the law provides or the applicable procedure of the payment provider.

We may contest an unfounded claim, sending the payment processor the contract, the correspondence and the relevant logs, and we may recover only the amounts we have a legal right to recover. The same amount is not refunded twice.

Merely disputing a payment does not cost you your legal rights or a refund that is due. If the payment is reversed, we check whether, and in what amount, a claim is still due, taking into account withdrawal, termination, non-performance and the amounts already returned. We apply the measures for non-payment only to an amount that remains owed, and under the conditions of the law and of the contract. We do not automatically charge penalties or costs for the exercise of a right in good faith.

9. Refund request procedure

For a commercial refund or for the refund of section 1.3, clients must contact Primcast support through official channels and retain written records. Approved refunds are processed within 48 hours. A consumer's legal withdrawal is exercised under section 2 and does not depend on this procedure.

10. Cryptocurrency payments

Exception: a consumer's withdrawal and refunds the law requires

Paying in cryptocurrency does not limit the refund due after a withdrawal from the contract under section 2, or any other refund the law requires. We refund the amount due without undue delay and, for a withdrawal, within 14 days at most of the date on which we were informed of it, paying in USDC the invoice value of the amount due, at the rate of the day of the refund. We do not impose account credit and you bear no fee for the refund; we bear the network fee. We ask you for the wallet address and the network and confirm them with you before payment.

All other cases

In all other cases, due to the irreversible nature of blockchain transactions, payments made via cryptocurrency are final and non-refundable.

With the exception above, Primcast does not issue refunds to cryptocurrency wallets for any other reason, including but not limited to:

• Service cancellations;
• Unused service periods;
• Accidental purchases;
• Changes in business requirements;
• Customer dissatisfaction where the service has been provisioned as ordered.

In any other case, if a refund, credit, or billing adjustment is approved by our billing department, it will be issued exclusively as account credit. Account credit may be applied toward future invoices, upgrades, new services, or renewals but cannot be redeemed for cash or cryptocurrency. This rule does not apply to a consumer's legal withdrawal or to refunds the law requires, which are paid under the exception at the start of this section.

By submitting a cryptocurrency payment, the customer acknowledges and agrees to these terms.

11. Review of refund requests

Refund requests are reviewed by Primcast in accordance with this policy and the terms of service. Legal withdrawal, the refund of section 1.3 and the other refunds due under the law do not depend on our approval. Our decision does not bind an alternative dispute resolution entity or a court, to which you can turn at any time.