Cancellation Policy

Effective date: 24 August 2021

For legacy Customer Agreements only

1.0 Definitions

1.1 See Instaclustr Standard Terms of Service available at https://www.instaclustr.com/terms.

2.0 Subscription Services

2.1 This document sets out the cancelation policy applicable to the use of the Sites and Services provided by Instaclustr.

2.2 Instaclustr offers subscriptions to Services under the following arrangements:

Run-in-our-account (RIOA)/Run-In-Instaclustr-Account (RIIA). Customer may order this Service for managed open source technologies offered by Instaclustr by following the directions on the Site, our market place partners or by direct engagement with our sales team.
Run-in-your-own-account (RIYOA). Customer may order this Service for managed open source technologies offered by Instaclustr through our market place partners or by direct engagement with the Instaclustr sales team.
On-Premises. Customer may order this Service for managed open source technologies offered by Instaclustr by direct engagement with the Instaclustr sales team.
Support. Customer may order this Service for open source technologies supported by Instaclustr by direct engagement with the Instaclustr sales team.

2.3 Subscriptions may be ordered as either:

On-demand contract. Customer is billed monthly in arrears based on metered consumption of Instaclustr products and capacity limits offered under the Service to the next full hour for each product running under the subscription. The fee for Instaclustr products is the published list price on the Instaclustr website that applied during the month being billed.
Fixed-term contract (Annual, multi-year, or other Term as provided for in Customer’s Agreement). Customer commits to a minimum monthly spend and capacity limits and is billed according to an agreed invoicing schedule based on an agreed Service Commencement Date and Service Completion Date in return for a substantially discounted fee. The Customer has an agreed fee rate for consumption of Instaclustr products above the minimum commitment. Fees for consumption above the minimum commitment are billed monthly in arrears.

2.4 Fees may be applicable for cancelation of a fixed-term contract prior to the Service Completion Date. Customer should fully understand the cancelation fees that may apply to their subscription in their Agreement should Customer proceed with termination of the Service prior to the Service Completion Date.

2.5 Unless otherwise specified in the Customer’s Agreement, all fixed-term contracts will default to on-demand rates as published by Instaclustr on its website at the Service Completion Date unless the Customer has renewed their contract prior to the Service Completion Date. Note that contract renewal may change both the minimum committed monthly spend and the fee rate for consumption of Instaclustr products.

3.0 Canceling Accounts

3.1 All Instaclustr accounts are provided free of charge and there is no limit to the number of accounts Customer may have registered. A Service may only be activated through a valid Account. Instaclustr imposes limits on the number of contacts that may interact with Instaclustr Support as specified in Instaclustr’s Support Policy or the Customer’s Agreement as applicable.

3.2 Customer may cancel their Instaclustr account at any time that it does not have an active Service associated with the Account.

3.3 If Customer has active Services associated with their Account, Customer must first cancel all active Services on Customer’s Account and finalize any outstanding Service Charges and pay any associated cancelation fees before Customer’s Account can be canceled, including at the end of their Service term otherwise Service Fees will continue to be charged in accordance with the Customer’s Agreement and this policy.

3.4 Instaclustr may suspend or cancel Customer’s account with or without notice as per the Customer’s Agreement. This may include deletion of any and all User Content and Data hosted within the Service.

4.0 Canceling On-Demand Contract

4.1 Customer may cancel an On-Demand contract at any time only through the following authorized channels:

Instaclustr Support, or
The Instaclustr console

4.2 Instaclustr will calculate Customer’s final Service Charge based on usage to the time of Customer’s cancelation request is received by Instaclustr via an authorized channel.

4.3 Customer will be immediately billed using the payment method established and agreed with Instaclustr in accordance with our Standard Terms of Service or the Customer’s Agreement as applicable.

4.4 Instaclustr may suspend Customer access to their Account, User Content, and data until Customer has paid all outstanding Service Charges and applicable cancelation fees.

5.0 Canceling a Fixed-Term Contract

5.1 Customer may cancel a fixed-term contract only by request through Instaclustr Support ([email protected]) and in accordance with the notice requirements of Customer’s Agreement. Unless otherwise specified in the Customer’s agreement, if Customer cancels a fixed-term contract any Service Charges paid by Customer in advance are not refundable.

5.2 It is Customer’s responsibility to cancel all active Services on their Account associated with the fixed-term contract. Customer remains liable for all ongoing Service fees (fixed minimum commitment plus any fees for consumption of Instaclustr products above the minimum contracted commitment) until cancelation of the active Services on their account associated with the fixed term contract.

5.3 If Customer’s fixed-term contract is not fully paid upfront, Instaclustr may charge Customer cancelation fees for early termination. Unless otherwise specified in the Customer’s agreement, cancelation fees shall be calculated based on the contract term as follows.

Contract Term	Cancelation
Up to and including one-year	The number of remaining months on the contract term x the monthly minimum commitment for consumption of Instaclustr services.
Two-year	The lesser of: 12 x the monthly minimum commitment for consumption of Instaclustr services; OR The number of remaining months on the contract term x the monthly minimum commitment for consumption of Instaclustr services
Three-year	The lesser of: 18 x the monthly minimum commitment for consumption of Instaclustr services; OR The number of remaining months on the contract term x the monthly minimum commitment for consumption of Instaclustr services

Contract Term

Cancelation

Up to and including one-year

The number of remaining months on the contract term x the monthly minimum commitment for consumption of Instaclustr services.

Two-year

The lesser of:

12 x the monthly minimum commitment for consumption of Instaclustr services; OR
The number of remaining months on the contract term x the monthly minimum commitment for consumption of Instaclustr services

Three-year

The lesser of:

18 x the monthly minimum commitment for consumption of Instaclustr services; OR
The number of remaining months on the contract term x the monthly minimum commitment for consumption of Instaclustr services

5.4 Cancelation fees will be added to any final usage charges that have not been invoiced and which apply up to the date of service cancelation.

5.5 Where Service cancelation occurs partway through a month, cancelation fees will be calculated on a pro-rata basis for the month in which the Service is canceled.

5.6 Customer will be immediately billed using the payment method established and agreed with Instaclustr in the Customer contract.

5.7 Instaclustr may suspend Customer access to their Account, User Content, and data until Customer has paid all outstanding Service Charges and applicable cancelation fees.

6.0 Transitioning the Service

6.1 Customer acknowledges that cancellation of a contract will result in deletion of Customer data stored in that Service. Unless otherwise agreed, Customer is responsible for moving, removing and/or archiving data stored in that Service prior to cancellation.

6.2 Where Customer requests the assistance of Instaclustr to migrate data from the Service to other arrangements, such as to another data store or third party provider, Customer acknowledges that Instaclustr may charge a fee for providing transition support. Customer must initiate a request to Instaclustr Support prior to cancelling their Service to obtain a fee estimate for provision of transition support.