Billing & Cancellation

This Billing and Cancellation Policy Applies Only if the Master Services Agreement Includes a Specific Reference to this Policy

All customers of Flexential Colorado Corp., formerly known as ViaWest, Inc., and its affiliated entities ("Flexential") are subject to this billing and cancellation policy (this "Policy"). Use by a customer of Flexential's services or network constitutes acceptance by such customer of the terms of this Policy.

Billing Information

All customers are required to provide Flexential with accurate and complete billing information, including legal name, physical address, e-mail address, telephone number, and, if applicable, automatic payment information (i.e., credit card or ACH). All customers are responsible for reporting to Flexential any changes in such billing information within 30 days of such change.

Invoices for services are e-mailed, faxed, or mailed at the start of each service period in the first week of the month. Customers shall be invoiced and charged monthly for standard service charges plus any additional usage or service charges. All customers are responsible for monthly payment of invoices regardless of whether such invoices were actually received. For customers participating in the automatic payment plan, all customers are responsible for being aware of the amount that shall be automatically charged from such customer's account each month. All customer payments are due within 20 days after the date that the invoice is e-mailed, faxed, or mailed by Flexential to the customer. When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction.

All charges invoiced to a customer shall be deemed to be valid and undisputed unless the customer disputes such charges in writing within 60 days after the invoice is e-mailed, faxed, or mailed by Flexential to the customer. Each customer is responsible for payment for all services provided to such customer by Flexential at Flexential's standard charges (unless otherwise set forth in the customer's service agreement with Flexential) and pursuant to Flexential's standard billing practices, regardless of whether the provided service is specifically set forth in the customer's service agreement with Flexential.

With respect to customers that are provided "usage based" bandwidth services, burstable co-location services, burstable hosting services, and/or burstable frame relay services, such services shall be billed monthly by Flexential at the 95th percentile level of customer's usage for such month in accordance with Flexential's standard methodology, which may change from time to time.

Cancellation Information

A customer may terminate its account with Flexential only in accordance with its applicable service agreement. To provide written notification to Flexential of its intent to terminate in accordance with its service agreement, a customer must provide such notice via one of the following procedures:

• via e-mail to [email protected]
• via facsimile to 720.891.1024; Attention: Customer Support/Cancellations
• via U.S. Postal Service to Flexential, Inc.; Attention: Customer Support/Cancellations; 11900 E Cornell Ave., Bldg. B, 3rd Floor, Aurora, CO 80014

Written notification of termination must include login name, customer name, address, and telephone number, and the effective date of termination of the account. For month-to-month dial-up, DSL, and shared hosting accounts, the effective date of termination must be the last day of a billing cycle, and written notification of termination must be received by Flexential no less than 10 business days prior to the next billing cycle to be effective on the last day of the current billing cycle. For all other accounts, the effective date of termination and receipt by Flexential of written notification of termination must be in accordance with the terms of the applicable service agreement.

Accounts that are not terminated in accordance with the above procedures shall remain active and shall continue to incur monthly service charges until properly terminated.