Refund policy
Last updated: October 2026
1. Overview
Data Services Agency (`dataservicesagency.com`) provides professional technology services, IT consulting, custom software development, systems integration, and managed infrastructure services. Because our services involve customized labor, expert allocation, and server infrastructure provisioning, refunds and returns are governed by the conditions set forth in this policy, which supplements the Data Services Agency Terms of Service.
By contracting any Professional Services, purchasing an hour bank, or engaging managed infrastructure from Data Services Agency, the Client agrees to this policy in its entirety.
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2. Eligibility for Refunds
Refunds will only be considered in the following limited cases:
- Duplicate or Erroneous Charges: If Data Services Agency processes a duplicate payment, an incorrect amount, or an unauthorized billing error, a full refund of the overcharged amount will be issued upon verification.
- Severe Service Failure in Managed Infrastructure: In the event of a critical, continuous, and unfulfilled service availability failure solely attributable to Data Services Agency that prevents the Client from utilizing contracted managed infrastructure, the Client may request a partial credit or refund. In such cases, the maximum refund or credit amount shall not exceed the value equivalent to one (1) monthly billing cycle of the affected managed server or infrastructure service.
In no event shall any refund exceed the total amount paid by the Client for the specific monthly billing cycle or service milestone in dispute, regardless of the nature or duration of the incident.
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3. Infrastructure Availability and Maintenance
Data Services Agency strives to maintain high availability for managed servers and infrastructure. However, the Client acknowledges and agrees that:
- Data Services Agency does not guarantee uninterrupted service uptime unless a specific Service Level Agreement (SLA) has been expressly agreed upon in writing within the project contract.
- Data Services Agency performs scheduled system updates and server maintenance, typically during non-peak hours to minimize operational impact. Interruptions arising from scheduled maintenance do not constitute grounds for a refund.
- Service disruptions caused by third-party external system failures, cloud platform outages (AWS, GCP, Azure, etc.), client-side connectivity/firewall issues, or force majeure events shall not give rise to any refund.
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4. Refund Request Process
To request a refund or billing adjustment, the Client must follow this formal procedure:
1. Formal Written Request: The Client must submit a request via email to `info@dataservicesagency.com`, including: full client/company name, project/invoice reference number, a detailed explanation of the request, and relevant evidence/documentation.
2. Evaluation: Data Services Agency will review the request and perform the necessary technical and accounting verifications. The initial evaluation response time will be up to ten (10) business days from receipt.
3. Resolution: Data Services Agency will notify the Client in writing whether the request is approved or denied, along with the justification. A refund will only be processed once both parties formally agree on its validity.
4. Execution: If approved, the refund will be issued via bank transfer (SPEI) or returned to the original payment method within fifteen (15) business days following written approval.
Requests submitted through unauthorized channels or lacking required project details will not be processed.
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5. Non-Refundable Items
Refunds shall NOT apply under any circumstances in the following cases:
- Professional Services, technical consulting, discovery assessments, or custom developments that have already been performed, delivered, or worked on.
- Monthly retainer fees, support hour packages, or hour banks already consumed or expired according to the contract term.
- Voluntary termination or cancellation of an active project or retainer before the end of the contracted period.
- Service suspension or contract termination due to non-payment, breach of contract, or violation of the Terms of Service.
- Interruption or downtime caused by scheduled maintenance, third-party API deprecations, or factors beyond Data Services Agency's direct control.
- Subjective dissatisfaction with deliverables that conform to the agreed-upon Statement of Work (SOW) or project specifications.
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6. Right to Terminate Commercial Relationship
Data Services Agency reserves the right to terminate the professional engagement or commercial relationship with the Client following a refund or dispute resolution, if continuing the service is deemed non-viable or inconvenient for either party. In such cases:
- Data Services Agency will notify the Client in writing of its decision.
- The Client will have thirty (30) calendar days to back up their data and transition their infrastructure or software code to another environment.
- No additional charges will be incurred during this transition window.
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7. Governing Law and Jurisdiction
This policy is governed by the laws of Mexico, particularly the Commercial Code and applicable civil/commercial frameworks. For any dispute arising from the interpretation or enforcement of this policy, the parties submit to the exclusive jurisdiction of the competent courts of Monterrey, Nuevo León, Mexico.
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8. Contact Us
For refund requests, formal claims, or questions regarding this policy, please contact us at `info@dataservicesagency.com` or visit `dataservicesagency.com`.