Promotional Credit and Discount Terms

These Promotional Credit and Discount Terms (these "Promotional Terms") govern free promotional credits, coupons, codes and discounts offered by Arct Technology LLC ("Arct Cloud", "we", "us", "our"). They supplement and form part of our Terms of Service. Terms defined in the Terms of Service have the same meaning here. By redeeming, accepting or using a Promotion, you agree to these Promotional Terms and to the conditions of its Offer.

A Promotion is available only when we issue it and you meet its stated conditions. This page does not itself grant a credit or discount. Nothing in these Promotional Terms excludes or limits a right that consumer law gives a Consumer where that right cannot be excluded or limited by contract.

1. Promotional grants and purchased credit

In these Promotional Terms:

• "Promotional Credit" means a free grant of value that we apply against eligible charges, including bonus credit we add on top of a purchase;
• "Discount" means a reduction of the price of an eligible purchase, whether applied through a code, a link or automatically at checkout;
• "Promotion" means any Promotional Credit, Discount, coupon, code, trial or similar incentive; and
• "Offer" means the conditions of a specific Promotion as we publish them, send them to you or show them at checkout or in the Console.

Account credit you buy is a separate prepaid balance governed by section 3.13 of the Terms of Service. It is not a Promotion. Purchased account credit is non-refundable, and these Promotional Terms do not make a purchased balance expire or allow us to revoke it. Where a Promotion adds bonus credit to a purchase, only the bonus is Promotional Credit. A refund or remedy owed to you is not a Promotion merely because we record it as account credit. Service credits that we give at our discretion are governed by section 1.2 of the Service Terms.

2. The specific offer

The Offer states the Promotion's value or discount, eligible customers and Services, any minimum purchase, the redemption deadline, any period for using the credit and whether it covers renewals. It also states any geographic restriction, payment-method requirement and other condition that affects eligibility. We show the price due and any applicable renewal price before you confirm the purchase.

An Offer controls these commercial details for its Promotion. Mandatory law and your refund rights take priority over an Offer. If an Offer does not state an expiry date for Promotional Credit, we may set one for the unused credit by giving you reasonable advance notice by email. Purchased account credit keeps its own terms regardless of a Promotion.

Only an Offer that we publish, send or show at checkout or in the Console binds us. Statements about a Promotion made by affiliates, partners, resellers or other third parties do not bind us, and those persons cannot change or extend an Offer.

3. Eligibility and redemption

To redeem or use a Promotion, you must hold an Account in good standing that contains accurate information, and you must meet the Offer's conditions. We may require a verified payment method, identity verification or a minimum payment before a Promotion is redeemed or used. We determine eligibility, acting reasonably, based on the Offer and our records.

Unless the Offer says otherwise:

• each Promotion may be used once per customer. A customer includes every Account that shares an owner, a controller or a payment method;
• each code may be redeemed only once and only on one Account;
• a Promotion cannot be combined with another Promotion;
• a new-customer Offer is available only to a person or organisation that has never held an Account, and not to an existing customer through another Account, payment method or identity; and
• a code must be redeemed through the checkout or other route stated in the Offer before you pay. It cannot be applied to an invoice already paid, to an earlier purchase or after the redemption deadline.

A Promotion is personal to the Account that redeems it. It cannot be sold, traded, bartered, transferred or assigned, and a Promotion that is offered for sale or traded is void. We do not apply a Promotion retrospectively unless the Offer says so or we correct our own error. A Promotion is not available where the law prohibits it or to anyone covered by section 9 of the Terms of Service.

4. Applying a credit or discount

A Promotion applies only to the Services and charges identified in the Offer. Unless the Offer says otherwise, a Discount applies to the first payment, and renewals use the renewal price disclosed at checkout. A Discount cannot reduce an eligible charge below zero. Unless the Offer expressly allows it, a Promotion does not apply to:

• taxes (section 8);
• purchases of account credit;
• third-party charges;
• resizes, add-ons or usage charges, such as backups, snapshot storage and outbound transfer above the allowance;
• invoices that were due before you redeemed the Promotion; or
• Services used in breach of the Agreement or the Acceptable Use Policy.

You remain responsible for charges the Promotion does not cover, including usage above the Offer's limit and Services used after the promotional value is used up or expires. The Offer or checkout must explain how Promotional Credit and purchased account credit are applied together before we use your purchased balance. A Promotion does not authorise an otherwise undisclosed recurring payment.

5. Expiry, cancellation and refunds

Promotional Credit expires as the Offer states or as notified under section 2. It earns no interest, has no intrinsic or cash value, and cannot be withdrawn, exchanged or redeemed for money. An unused Discount is not a refundable payment.

Unless the Offer or mandatory law provides otherwise, unused Promotional Credit ends without compensation when it expires, when it is cancelled under section 6 or 7, or when your Account is closed, deleted or terminated. Expired, cancelled or forfeited Promotional Credit is not reinstated or refunded.

If an eligible charge is refunded, the monetary refund is based on the amount you actually paid, subject to mandatory law. Promotional value is not converted into cash. If a payment that qualified you for a Promotion is refunded, reversed, charged back or fails, we may remove the related promotional value, and charges it has already covered become payable to the extent permitted by applicable law. Any reinstatement of promotional value follows the Offer and your statutory rights.

A later Promotion, or a reduction in our prices, does not entitle you to a refund, credit or price adjustment for an earlier purchase.

Cancelling a Server follows section 4 of the Terms of Service and does not automatically close your Account or delete separately charged snapshots. An Offer cannot prevent you from exercising a withdrawal right or obtaining a refund that the law requires.

6. Misuse and errors

You must not, and must not help anyone else to:

• give false, incomplete or misleading information to obtain or use a Promotion;
• create or use more than one Account, or an Account in another person's name, to obtain a Promotion more than once or to get around a limit;
• refer yourself or an Account you own or control, or obtain a new-customer Offer as an existing customer;
• sell, trade, publish or distribute a code without our authorisation, or obtain codes by automated means;
• pay with a payment method you are not authorised to use, or file a fraudulent or abusive payment dispute; or
• use promotional value for activity that breaches the Agreement or the Acceptable Use Policy.

Where we reasonably determine that a Promotion was obtained or used in breach of this section, including where Accounts share an owner, a payment method or other indicators of common control, we may, in addition to our other rights:

• refuse or cancel an unredeemed Offer;
• remove or void the promotional value on the Account concerned and on other Accounts you own or control;
• charge you the standard price of Services that misused promotional value paid for, to the extent permitted by applicable law; and
• treat the misuse as a breach of the Agreement under section 10 of the Terms of Service.

We tell you what we have done and why, unless the law or a risk of further fraud prevents it. You may dispute our decision through a ticket in the Console or at [email protected]. We do not remove a purchased balance or impose a retrospective charge merely because we end a Promotion. Sections 3.13 and 4.4 of the Terms of Service govern reversed or disputed payments that added purchased account credit.

If an Offer is published, issued or applied with an obvious error, such as a wrong value, code or eligibility rule, or because of a technical fault, we may withdraw or correct it and remove promotional value credited because of the error. Any correction of a billing error follows the Terms of Service and applicable law.

7. Changes and ending an offer

We may change, suspend or end any Promotion, Offer or promotional program at any time for future redemptions, subject to any promise in the Offer. We honour a Promotion already validly redeemed on its disclosed terms, except:

• for misuse or error under section 6;
• where the law, a regulator or a sanctions requirement requires a change;
• when your Account is closed, deleted or terminated; and
• if you are a Business Customer, where we cancel unused Promotional Credit or bring forward its expiry date by giving you notice by email.

Material changes to these Promotional Terms follow section 18 of the Terms of Service. They do not retrospectively reduce purchased value or erase an accrued refund right.

8. Taxes

Promotional Credit does not pay taxes unless the Offer expressly says so. We charge taxes as the law requires, which may be on the price before a Promotion is applied. You are responsible for any tax, reporting or accounting obligation that the law places on you for receiving or using a Promotion. Section 3.11 of the Terms of Service otherwise governs taxes.

9. Compliance and publicity

By accepting a Promotion, you confirm that receiving and using it is not prohibited by, and not inconsistent with, any law, regulation, court order, procurement or ethics rule, or policy of your employer or organisation that applies to you, and that it does not create a conflict of interest. If you are a government body, a public-sector organisation or another person subject to special rules on gifts or procurement, you may receive a Promotion only under a written agreement with us.

You must not issue a press release or other public statement about a Promotion that we offered to you individually, or to a limited group, without our prior written consent. Section 12 of the Terms of Service and our Trademark Usage Guidelines govern use of our name and marks.

10. Records, liability and general terms

Our records of the Promotions issued, redeemed and used on your Account, and of the remaining promotional value, prevail unless they contain a manifest error. To the maximum extent permitted by applicable law, and subject to section 15.1 of the Terms of Service, our total liability arising from or relating to a Promotion is limited to the face value of the Promotional Credit or Discount concerned. This section does not limit a Consumer's statutory rights.

Sections 17 (Dispute resolution) and 19 (General) of the Terms of Service apply to these Promotional Terms. If any part of these Promotional Terms is unenforceable, the rest remains in effect.