Do you get the fee back if you don't take the ACT as a standby?

As a general rule, you can get any money back if you make enough noise to the right people. You have a decent case; if you claw your way up the chain of command and harass the right people, you ought to get your money back, policy or no.

I can’t imagine they can charge you for a test you don’t get to take, through no fault of your own.

I agree with @augustlan. I can’t imagine they would try to keep your money if you don’t get the chance to take the test. Ask the test people how it works. If they refund you a credit, and how long it takes to get your money back.

Thanks for the answers! I decided just to wait for the December date.

According to the ACT website, you are only charged after being admitted to the test (go to the very bottom).