HARD CALL REFUND AND BILLING POLICY
1. INTRODUCTION AND PURPOSE
1.1 This Refund and Billing Policy ("Policy") sets out the terms and conditions under which Hard Call LLC, a limited liability company organized and operating from the Commonwealth of Massachusetts ("Hard Call," "we," "us," or "our"), bills for, collects payment for, credits, and refunds fees associated with access to and use of the Hard Call communication-processing platform, websites, applications, and related services (collectively, the "Services").
1.2 This Policy is drafted to withstand regulatory, judicial, and external counsel scrutiny and is intended to align with Applicable Law (as defined below), including but not limited to payment and electronic commerce regulations, consumer protection laws, data protection frameworks (such as GDPR and CCPA/CPRA), PCI DSS, and platform liability regimes (such as Section 230 of the Communications Decency Act and the Digital Services Act), to the fullest extent permitted by law.
1.3 This Policy supplements and is incorporated by reference into the Hard Call Terms of Service ("Terms") and any applicable order forms, statements of work, and other commercial agreements. In the event of a conflict between this Policy and the Terms regarding billing or refunds, this Policy shall control to the extent it is more specific, unless Applicable Law requires otherwise.
1.4 By placing an order for, subscribing to, or otherwise paying for the Services, you agree that your billing, payment, credit, and refund rights and obligations are governed by this Policy, in addition to the Terms and other referenced policies.
2. DEFINITIONS
2.1 "Applicable Law" means all applicable federal, state, local, and international laws, regulations, rules, and payment network requirements governing payments, electronic commerce, consumer protection, privacy, accessibility, and online platforms, including without limitation PCI DSS, GDPR, UK GDPR, CCPA/CPRA, COPPA, EFTA and Regulation E (where applicable), state unfair and deceptive practices laws, Section 5 of the FTC Act, and any implementing regulations or guidance.
2.2 "User" or "you" means any individual or entity that purchases, subscribes to, or otherwise pays for the Services, including Clients, enterprise customers, and any authorized payors acting on their behalf.
2.3 "Client" means the individual or entity that initiates a communication or message for review, refinement, and optional delivery through the Services and is responsible for payment of associated fees, unless otherwise agreed in writing.
2.4 "Fees" means all charges, prices, rates, and other amounts payable for access to and use of the Services, including subscription fees, per-message or per-session fees, overage charges, taxes, and any other amounts itemized in applicable order forms or price lists.
2.5 "Subscription" means a recurring, time-based right to access or use certain Services (for example, monthly or annual access plans), subject to automatic renewal as described in this Policy and the Terms, unless canceled in accordance with Section 8.
2.6 "One-Time Service" means a discrete, non-recurring engagement or purchase that is billed on a per-use or per-order basis, such as a specified number of Hard Call message reviews or a single project-based engagement.
2.7 "Billing Period" means the recurring interval (for example, monthly or annually) for which Subscription Fees are charged in advance or arrears, as specified during purchase or in the relevant order form.
2.8 "Payment Method" means a valid form of payment accepted by Hard Call, such as a credit card, debit card, or other electronic payment method supported by Hard Call’s payment processors.
3. SCOPE AND RELATIONSHIP TO OTHER DOCUMENTS
3.1 This Policy applies to all Fee-based access to and use of the Services, including Subscriptions, One-Time Services, and any add-ons or premium features, whether purchased directly from Hard Call or via authorized resellers or integrated platforms, unless a separate written agreement expressly supersedes specific provisions of this Policy.
3.2 This Policy operates together with the Terms, Privacy Policy, Data Retention and Deletion Policy, Acceptable Use Policy, Arbitration and Dispute Resolution Policy, and other referenced documents. Those policies may further describe how billing-related data is processed, how disputes are resolved, and how account actions including suspension or termination affect billing and refunds.
3.3 In the event of a conflict between this Policy and a negotiated order form or statement of work executed by Hard Call LLC and a specific enterprise customer, the negotiated agreement shall control for that customer to the extent of the inconsistency, except where Applicable Law requires otherwise.
3.4 Nothing in this Policy is intended to waive or limit mandatory statutory rights that cannot be waived under Applicable Law, including certain consumer cancellation or cooling-off rights that may apply in specific jurisdictions.
4. PRICING, TAXES, AND CURRENCY
4.1 Prices for the Services are generally stated in U.S. dollars ("USD") unless expressly indicated otherwise. Hard Call may offer prices in other currencies for non-U.S. Users, but any such offerings are subject to currency availability and may involve additional conversion charges by payment providers or card networks.
4.2 Fees are exclusive of applicable taxes unless otherwise indicated. You are responsible for paying any sales, use, value-added, goods and services, withholding, or similar taxes (collectively, "Taxes") imposed on your purchase or use of the Services, except for Taxes on Hard Call’s income. Where Hard Call is legally required to collect Taxes, such Taxes will be added to your invoice or receipt.
4.3 If withholding tax or similar deductions are required by Applicable Law, you agree to make such deductions and pay them to the appropriate authorities, and to provide Hard Call with official receipts or documentation. Hard Call may increase Fees to ensure that it receives the full net amount that it would have received absent such withholding, to the extent permitted by law.
4.4 Hard Call may update its pricing from time to time. For existing Subscriptions, Hard Call will provide prior notice of material price changes in accordance with Section 15 of this Policy and the Terms, and any such changes will take effect at the beginning of the next Billing Period unless otherwise required by law.
5. PAYMENT METHODS AND PCI DSS COMPLIANCE
5.1 You authorize Hard Call and its PCI DSS-compliant payment processors to charge your designated Payment Method for all Fees incurred in connection with your use of the Services, including recurring Subscription Fees, one-time purchase Fees, and applicable Taxes.
5.2 Hard Call does not store full payment card numbers or CVV codes on its own systems. Payment card data is processed and stored by third-party payment processors who are certified as compliant with the Payment Card Industry Data Security Standard (PCI DSS) or equivalent standards. Hard Call may, however, store limited tokenized or truncated payment information for reference, risk management, and account identification purposes.
5.3 You represent and warrant that you are authorized to use the Payment Method provided, that such Payment Method is valid, and that you will keep your billing information current, including changes to your billing address and card expiration date. If your Payment Method is declined or becomes invalid, Hard Call may suspend or terminate your access to the Services until updated payment information is provided and accepted.
5.4 Hard Call may use third-party providers to detect and prevent fraud or unauthorized transactions. You consent to such risk screening and to the sharing of relevant transaction data with these providers, as described in the Privacy Policy, subject to Applicable Law and data protection requirements.
6. INVOICING, RECEIPTS, AND BILLING PERIODS
6.1 For Subscriptions, Hard Call will typically charge the Payment Method on file in advance of each Billing Period, unless otherwise specified in an order form or invoice. You may receive electronic invoices or receipts via email or through in-Service account dashboards, where available.
6.2 For One-Time Services, Hard Call may charge your Payment Method at the time of order, upon completion of the service, or according to agreed milestones, as specified at the time of purchase or in a statement of work.
6.3 You agree to review each invoice or receipt promptly and to notify Hard Call within thirty (30) days of the billing date of any alleged errors or discrepancies. Failure to do so within this time period may limit or waive your ability to dispute the charge under this Policy, to the fullest extent permitted by law.
6.4 Billing Periods for Subscriptions are set out at the time of purchase (for example, monthly or annual). Changes to the length or type of Billing Period may require the creation of a new Subscription or plan, and may involve pro-rated charges or credits as described in Section 9.
7. SUBSCRIPTIONS, RENEWALS, AND AUTO-RENEWAL
7.1 If you purchase a Subscription, it will automatically renew at the end of each Billing Period for an additional Billing Period at the then-current price, unless you cancel the Subscription in accordance with Section 8 or unless non-renewal is specified in a separate written agreement.
7.2 By enrolling in a Subscription, you authorize Hard Call to charge your Payment Method on a recurring basis for each renewal Billing Period until you cancel the Subscription, your Account is terminated, or the Subscription is otherwise discontinued in accordance with this Policy and the Terms.
7.3 Where required by Applicable Law, Hard Call will provide advance notice of automatic renewals or material Subscription changes, including any changes to price or material terms, and will provide an accessible means to cancel or manage the Subscription before renewal.
7.4 If you downgrade or upgrade a Subscription (for example, by changing service tiers or message volume allowances), Hard Call may apply pro-rated billing adjustments or credits consistent with this Policy and the specific plan terms, subject to any non-refundable minimum commitments.
8. CANCELLATION BY USER
8.1 You may cancel a Subscription at any time by following the in-Service cancellation flow (if available) or by contacting Hard Call through the Contact Channels identified in the Terms and Contact and Complaints Policy. Hard Call may require reasonable authentication to confirm that the cancellation request is authorized.
8.2 Unless otherwise stated in this Policy, the Terms, or an applicable order form, cancellation of a Subscription will take effect at the end of the then-current Billing Period, and you will continue to have access to the Services associated with that Subscription until that time.
8.3 Except where expressly provided in Section 10 (Refund Eligibility) or required by Applicable Law, amounts already paid for the current Billing Period are non-refundable upon cancellation, and no partial or pro-rated refunds will be issued for unused time or unused message allowances.
8.4 Cancellation of a Subscription does not automatically terminate your Account. You may continue to access any free features (if available) or may later re-subscribe, subject to the then-current terms and pricing.
9. MODIFICATIONS TO PLANS AND PRO-RATION
9.1 If you upgrade your Subscription (for example, by moving to a higher tier or adding additional Services), Hard Call may charge a pro-rated Fee for the remainder of the current Billing Period based on the difference between the old and new plan prices, and the new plan price will apply in full to subsequent Billing Periods.
9.2 If you downgrade your Subscription, the downgrade will generally take effect at the start of the next Billing Period, and no refunds or credits will be issued for the remainder of the current Billing Period, unless required by Applicable Law or expressly agreed in writing.
9.3 For enterprise or custom contracts, specific billing and pro-ration rules may be set out in the applicable contract or order form, which will supplement or supersede this Section 9 to the extent of any inconsistency.
9.4 Hard Call reserves the right to limit the frequency with which you may change plans within a given period to prevent abuse, excessive administrative burden, or operational risk.
10. REFUND ELIGIBILITY AND LIMITATIONS
10.1 To the fullest extent permitted by law, all Fees are non-refundable and non-creditable once paid, except as expressly provided in this Policy, the Terms, a separate written agreement, or where required by Applicable Law.
10.2 Hard Call may, at its sole discretion, issue refunds or credits in the following illustrative circumstances: (a) duplicate or erroneous charges caused solely by Hard Call’s systems; (b) demonstrable technical failures of the Services that materially prevented your access for a significant portion of a Billing Period, as validated by Hard Call; or (c) other extenuating circumstances that Hard Call deems appropriate for partial or full relief.
10.3 Where the Services are purchased or billed through third-party platforms, app stores, or resellers, refund requests may need to be submitted through those channels and will be subject to their terms, in addition to this Policy and Applicable Law.
10.4 Refunds, when granted, will typically be issued to the original Payment Method used, where technically feasible, and may take time to appear on your account depending on bank or card network processing times. Hard Call is not responsible for delays caused by financial institutions or payment processors.
10.5 Nothing in this Section 10 restricts non-waivable rights you may have to charge reversals or refunds under Applicable Law (for example, Regulation E or card network rules), but Hard Call reserves the right to dispute chargebacks or reversals that it believes are improper, fraudulent, or inconsistent with this Policy.
11. NON-REFUNDABLE ITEMS AND MINIMUM COMMITMENTS
11.1 Certain Fees and commitments may be expressly designated as non-refundable in order forms, promotional terms, or plan descriptions (for example, setup fees, onboarding fees, or custom development charges). Such amounts will not be refunded except where Hard Call is legally required to do so or expressly agrees in writing.
11.2 Where you commit to a minimum term or minimum spend (for example, via an annual Subscription or enterprise contract), early termination by you may not entitle you to a refund of prepaid amounts, and you may remain liable for remaining committed Fees, subject to any termination rights and limitations set out in the applicable agreement.
11.3 Promotional credits, trial extensions, or goodwill accommodations are not cash equivalents, are non-transferable, and may expire if not used within the stated period. Hard Call may revoke such credits in cases of suspected abuse, fraud, or violation of this Policy or the Terms.
11.4 Nothing in this Section 11 shall be interpreted to allow Hard Call to retain Funds collected in violation of consumer protection or unfair practices laws; any such amounts will be handled in accordance with Applicable Law and, where appropriate, refunded, credited, or otherwise remedied.
12. CHARGEBACKS, REVERSALS, AND BILLING DISPUTES
12.1 If you believe that a charge has been made in error, you must first contact Hard Call promptly using the Contact Channels to allow us to investigate and, where appropriate, correct any issue. Hard Call encourages good-faith resolution of billing disputes before you initiate a chargeback or reversal with your bank or card issuer.
12.2 If you initiate a chargeback or reversal without first giving Hard Call a reasonable opportunity to address the issue, or if a chargeback is resolved in Hard Call’s favor, Hard Call may, to the fullest extent permitted by law, treat such action as a material breach and may suspend or terminate your access to the Services, block new orders, or require alternative payment arrangements.
12.3 Hard Call reserves the right to contest chargebacks and reversals where it has a good-faith basis to believe that the transaction was authorized and conducted in accordance with this Policy and the Terms, and may share transaction records and communications with payment processors, card networks, or financial institutions as necessary to resolve such disputes.
12.4 Nothing in this Section 12 is intended to prevent you from exercising your rights under Applicable Law; rather, it is intended to encourage direct resolution and to protect Hard Call against fraudulent or abusive chargeback practices.
13. OVERDUE AMOUNTS AND COLLECTIONS
13.1 If any Fees are not paid when due, Hard Call may, without limiting its other rights and remedies: (a) assess reasonable late charges to the extent permitted by law; (b) suspend or limit your access to the Services; and/or (c) condition future renewals or purchases on payment terms such as prepayment or verified funding sources.
13.2 If your account remains in arrears beyond a reasonable period, Hard Call may refer the matter to a collection agency or legal counsel, and you agree to reimburse Hard Call for reasonable costs of collection, including attorneys’ fees and agency fees, to the extent permitted by Applicable Law and consistent with fair debt collection regulations.
13.3 Hard Call will handle overdue accounts and collection activities in a manner consistent with applicable debt collection laws and privacy requirements, and will not engage in abusive collection practices.
13.4 Hard Call may report non-payment or charge-off of significant overdue amounts to credit reporting agencies where permitted by law, after providing any required notices and opportunities to cure.
14. DATA PROTECTION, CONFIDENTIALITY, AND BILLING INFORMATION
14.1 Billing and payment-related information, including Personal Data, will be processed in accordance with the Privacy Policy and Applicable Law, including GDPR, CCPA/CPRA, and state data breach notification laws. Hard Call implements appropriate technical and organizational measures to protect such information against unauthorized access, use, or disclosure.
14.2 Hard Call may share billing information with third-party payment processors, financial institutions, and fraud-prevention providers as necessary to process transactions, prevent fraud, and comply with legal obligations, subject to contractual confidentiality obligations and data protection safeguards.
14.3 In the event of a security incident affecting billing data, Hard Call will follow its incident response procedures and, where required by law, will notify affected individuals and regulators, consistent with state data breach notification requirements and other Applicable Law.
14.4 You are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account. If you suspect unauthorized access to your Payment Method or billing information through the Services, you shall notify Hard Call and your financial institution promptly.
15. MODIFICATIONS TO THIS POLICY
15.1 Hard Call may update this Policy from time to time to reflect changes in legal requirements, payment processing arrangements, the Services, or business practices. Material changes will be communicated in accordance with the Terms, for example by updating the "Last Updated" date, posting notices in the Services, or sending email notifications to affected Users.
15.2 Unless otherwise required by Applicable Law, changes to this Policy will apply to Fees and transactions occurring after the effective date of the updated Policy. For ongoing Subscriptions, Hard Call will provide reasonable advance notice of material changes that affect billing or refund rights, and such changes will take effect at the start of the next Billing Period, unless a different effective date is required by law or expressly stated.
15.3 If you do not agree to a material change in this Policy that significantly affects your rights, you may cancel your Subscription or discontinue use of the Fee-based Services before the change becomes effective, subject to the refund and billing rules then in effect and non-waivable legal rights.
15.4 Hard Call may maintain historical versions of this Policy and related billing records as part of its governance, risk, and compliance documentation, which may be provided to regulators or courts under appropriate legal process and confidentiality protections.
16. LIMITATION OF LIABILITY, INDEMNIFICATION, AND DISPUTE RESOLUTION
16.1 Hard Call’s liability for any claims arising out of or relating to billing, refunds, or payment processing is subject to the limitation of liability and disclaimers of warranties set forth in the Terms. Nothing in this Policy expands Hard Call’s liability beyond what is provided in the Terms or restricts mandatory remedies available under Applicable Law.
16.2 To the fullest extent permitted by law, your obligations to indemnify, defend, and hold harmless Hard Call for claims arising from your misuse of Payment Methods, fraudulent transactions, or breaches of this Policy are governed by the indemnification provisions in the Terms, which are incorporated by reference into this Policy.
16.3 Any Disputes relating to billing, refunds, or payment processing that cannot be resolved informally will be subject to the Arbitration and Dispute Resolution Policy, including any applicable class action waiver and forum selection clauses, to the fullest extent permitted by law.
16.4 Nothing in this Section 16 prevents you from submitting complaints to payment card networks, regulators, or consumer protection agencies; however, such actions do not relieve you of obligations under this Policy unless those obligations are found unlawful or unenforceable by a competent authority.
17. GOVERNING LAW AND SURVIVAL
17.1 This Policy is governed by the same governing law specified in the Terms, typically the laws of the Commonwealth of Massachusetts and the United States, without regard to conflict of law rules, except where non-waivable local law requires otherwise.
17.2 Sections of this Policy that by their nature should survive cancellation of Subscriptions, termination of Accounts, or discontinuation of Services, including those relating to past-due amounts, refunds, chargebacks, data protection, limitation of liability, and dispute resolution, shall survive for as long as necessary to fulfill their purposes and comply with Applicable Law.
17.3 If any provision of this Policy is held invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect, except where a court or arbitrator determines that severance would undermine the fundamental purpose of this Policy.
18. CONTACT INFORMATION
18.1 If you have questions or concerns about this Policy, or wish to request billing support or a refund review, you may contact us at: Hard Call LLC, TWO LOWELL AVENUE, WINCHESTER, MA 01890, Attn: Billing and Finance, and INFO@HARDCALL.COM.
18.2 If GDPR or UK GDPR applies, you may also have the right to lodge a complaint with your local data protection authority. If CCPA/CPRA or similar U.S. state privacy laws apply, you may have additional rights described in the Privacy Policy, which you may exercise independently of any refund or billing inquiries.
18.3 Hard Call will review and respond to billing-related inquiries in good faith and in accordance with this Policy, the Terms, and Applicable Law, while prioritizing safety, privacy, and the integrity of the Services.