Refund & Cancellation Policy

1. General Policy Overview

Our refund and cancellation policy is designed to balance fairness to clients with protection of our business interests, reflecting the custom nature of technology services where significant resources are invested based on specific client requirements.

1.1 Key Principles

• Fair Treatment: Refunds are evaluated on a case-by-case basis considering project stage, work completed, resources invested, and specific circumstances surrounding the cancellation request
• Stage-Based Approach: Early-stage cancellations (before work commencement or during initial phases) are treated more favorably than cancellations after significant work completion and client acceptance
• Custom Work Nature: Custom development, design, and consulting work that has commenced is generally non-refundable due to the bespoke, client-specific nature of services that cannot be resold or repurposed
• Quality Commitment: Technical issues, defects, or non-conformance caused by our work are addressed primarily through corrections, revisions, and remedial work rather than refunds, ensuring you receive the quality promised
• Legal Compliance: All refund decisions and processes are governed by Indian law, particularly Consumer Protection Act 2019, and processed in accordance with GST Act 2017 and applicable regulations
• Written Communication: All refund requests, cancellation notices, and related communications must be in writing (email acceptable) for proper documentation and processing

1.2 Scope of Application

This policy applies to:

• All project-based services including custom software development, web applications, mobile apps, enterprise solutions
• Subscription-based services including SaaS products, maintenance contracts, support agreements
• Consulting, advisory, training, and professional services
• Fixed-price projects, time-and-materials engagements, and retainer arrangements
• All services listed on our Services page unless specifically stated otherwise in service-specific agreements

2. Project-Based Services Refund Policy

For custom development projects including web development, mobile app development, AI/ML solutions, cloud solutions, enterprise software, and other project-based engagements:

2.1 Pre-Development Stage (Before Work Commences)

Refund eligibility when project is cancelled before actual development/implementation work begins:

• Before Contract Signing: 100% refund of any advance payments, deposits, or consultation fees paid. Refund processed within 7-10 business days of written cancellation notice
• After Contract Signing, Before Work Initiation: Refund of advance payment minus 10% administrative fee to cover contract preparation, initial planning, resource allocation, and administrative overhead. Refund processed within 10-14 business days
• After Initial Consultation/Requirements Gathering: Refund of advance payment minus actual consultation fees incurred, planning costs, requirements documentation time, and 15% administrative fee. Detailed breakdown provided
• After Detailed Planning/Architecture Phase: Refund of advance minus costs for completed planning deliverables (requirements documents, wireframes, technical specifications, architecture diagrams) plus 20% administrative fee

2.2 Development/Implementation Stage (Work In Progress)

Once active development, design, or implementation work has commenced, refunds are calculated based on project completion percentage:

• 0-25% Project Completion: Refund of 60% of remaining project value (after deducting value of completed and delivered work). Example: If project value is ₹5,00,000 and ₹1,50,000 worth of work is completed, refund = 60% of (₹5,00,000 - ₹1,50,000) = ₹2,10,000
• 26-50% Project Completion: Refund of 40% of remaining project value after deducting completed work value. This reflects significant resources invested, team allocation, and opportunity costs
• 51-75% Project Completion: Refund of 20% of remaining project value after deducting completed work value. At this stage, majority of project investment has been made
• 76-100% Project Completion: No refunds available. Client is responsible for full payment. Work completed at this stage represents substantial value delivered and resources invested

2.3 Post-Delivery Stage (After Project Completion)

After project delivery, client acceptance, and final sign-off:

• No Refunds: No refunds for completed, delivered, and formally accepted deliverables. Final payment is due as per contract terms
• Warranty Coverage: Warranty period (typically 30-90 days as specified in contract) covers correction of defects, bugs, and non-conformance issues at no additional cost
• Change Requests: Any modifications, enhancements, additional features, or changes to accepted work are treated as new work with separate quotation and payment
• Maintenance: Post-warranty support and maintenance available through separate maintenance agreements

2.4 Milestone-Based Projects

For projects with milestone-based payments:

• Refunds apply only to milestones not yet initiated or completed
• Completed and accepted milestones are non-refundable
• Milestone in progress follows stage-based refund percentages above
• Client must complete payment for all accepted milestones before cancellation is finalized

3. Subscription and Recurring Services Refund Policy

For SaaS products, maintenance contracts, support agreements, and other subscription-based services:

3.1 Monthly Subscriptions

• Cancellation Notice: Cancellations must be submitted in writing at least 15 calendar days before the next billing cycle/renewal date
• No Partial Month Refunds: No refunds for partial month usage. If you cancel mid-cycle, you retain access until the end of paid period
• Service Continuation: Services continue to be available until the end of the current paid billing period after cancellation notice
• No Unused Time Refunds: No refunds for unused time, unused features, or reduced usage in the current billing period
• Automatic Renewal: Monthly subscriptions auto-renew unless cancelled with proper notice. Auto-renewal charges are non-refundable once processed

3.2 Annual/Multi-Year Subscriptions

Refund eligibility for annual or longer-term subscription commitments:

• Within 30 Days of Purchase: Pro-rated refund calculated on monthly basis minus 10% administrative fee. Example: Annual subscription ₹60,000 cancelled after 1 month = Refund of (₹60,000/12 × 11) - 10% = ₹49,500
• 31-90 Days from Purchase: Pro-rated refund calculated on monthly basis minus 20% administrative fee to cover onboarding, setup, and administrative costs
• After 90 Days from Purchase: No refunds for annual subscriptions. Client must fulfill the entire subscription term. Early termination possible with payment of 50% of remaining term value
• Auto-Renewal: Annual subscriptions that auto-renew can be cancelled within 7 days of renewal charge for 80% refund (20% retention fee)

3.3 Maintenance and Support Contracts

For ongoing maintenance, support, and retainer agreements:

• Cancellation Notice: Minimum 30 calendar days written notice required for cancellation or non-renewal
• No Unused Hours Refund: No refunds for unused support hours, unused time allocation, or unutilized maintenance windows
• Prepaid Contracts: Prepaid annual maintenance contracts are non-refundable after service commencement. Pro-rated refunds may be considered on case-by-case basis before 60 days
• Contract Minimum: Contracts with minimum term commitments (e.g., 12-month minimum) require payment for remaining term or early termination fee of 40% of remaining value
• Support Credits: Unused support credits, hours, or allocations expire at contract termination and are non-transferable and non-refundable

3.4 Free Trials and Freemium Services

• Free trials are non-refundable as no payment is made
• If trial converts to paid subscription, standard refund terms apply from conversion date
• Promotional discounts and special offers are non-refundable and have no cash value

4. Consultation, Training, and Advisory Services

For consulting engagements, training sessions, workshops, and advisory services:

4.1 Scheduled Consultation/Training Sessions

Refund policy based on cancellation timing relative to scheduled session date:

• 7+ Days Before Scheduled Date: 100% refund of fees paid. No cancellation penalty
• 4-6 Days Before: 75% refund. 25% retention fee covers scheduling, preparation, and lost opportunity to book alternative clients
• 2-3 Days Before: 50% refund. 50% retention fee covers extensive preparation, resource allocation, and limited ability to reschedule
• Less than 48 Hours Before: No refund. Full fees retained due to complete preparation, dedicated resource allocation, and no opportunity for replacement booking
• No-Show (Without Notice): No refund. Full fees charged. May result in ban from future bookings

4.2 Completed Consultation/Training

• After Service Delivery: No refunds for completed consultations, training sessions, workshops, or advisory meetings
• Quality Issues: If dissatisfied with quality, request a complimentary follow-up session rather than refund
• Recordings/Materials: Session recordings, presentation materials, and deliverables provided are non-refundable once delivered

4.3 Multi-Session Packages

For bundled consultation or training packages:

• Refunds available for un-conducted sessions only
• Completed sessions are non-refundable
• Package discounts are adjusted to reflect single-session rates for completed sessions before refund calculation
• Rescheduling (with 48+ hours notice) preferred over cancellation where possible

4.4 Retainer-Based Consulting

• Monthly retainers require 30 days cancellation notice
• No refunds for unused hours within the month
• Prepaid retainers: Pro-rated refund for full un-started months only (after deducting partial month and 15% administrative fee)

5. Non-Refundable Items and Services

6. Quality, Performance, and Defect Issues

6.1 Our Quality Commitment

We are committed to delivering high-quality services that meet agreed specifications. If our deliverables fail to meet documented requirements or contain defects:

• Free Corrections: We will correct issues, fix bugs, and address non-conformance at no additional cost during the warranty period (typically 30-90 days as specified in contract)
• Priority Response: Critical bugs and major non-conformance issues are addressed as top priority with expedited resolution timelines
• Remedial Work: We provide remedial work, revisions, adjustments, and fixes to bring deliverables into conformance with specifications
• Good Faith Efforts: We make good faith efforts to resolve quality issues through corrections before considering refunds
• Partial Refunds: If correction is not feasible or resolution cannot be achieved within reasonable timeframes, partial refunds may be considered for non-conforming portions only

6.2 Refund Eligibility for Quality Issues

Refunds due to quality or performance issues are considered only when:

• Fundamental Non-Conformance: Deliverables fundamentally and materially fail to meet documented, written specifications agreed upon in project documentation, SOW, or contract
• Critical Unusability: Critical bugs, defects, or issues render the solution completely unusable for its intended purpose, and we are unable to resolve within reasonable time
• Inability to Correct: We are technically unable to correct issues or achieve specifications within reasonable timeframes (typically 30-45 days of good faith effort)
• Timely Reporting: Issues are reported in writing within the warranty period with clear documentation, screenshots, error logs, and reproduction steps
• Good Faith Cooperation: Client has provided reasonable cooperation in troubleshooting, testing fixes, and providing access/information necessary for resolution

6.3 NOT Eligible for Quality-Based Refunds

The following situations do NOT qualify for quality-based refunds:

• Changed Requirements: Changes in client requirements, expectations, or specifications after project approval and acceptance. These are handled as change orders
• Undisclosed Requirements: Compatibility issues with client's undisclosed systems, legacy infrastructure, or requirements not communicated during project discovery
• Infrastructure Issues: Performance issues caused by inadequate client infrastructure, insufficient server resources, slow internet, or client-side limitations
• User Error: Issues arising from user errors, lack of training, improper use, or failure to follow documentation and best practices
• Third-Party Changes: Changes, deprecations, or issues in third-party APIs, services, platforms, or tools beyond our control (e.g., Facebook API changes, Google service updates)
• Subjective Preferences: Subjective aesthetic preferences, stylistic choices, or design opinions that deviate from approved specifications but meet technical requirements
• Browser/Device Compatibility: Issues with outdated browsers, obsolete devices, or platforms not specified in original requirements
• Post-Warranty Issues: Defects or issues discovered or reported after warranty period expiration
• Unauthorized Modifications: Issues caused by client or third-party modifications, customizations, or changes to delivered code or configuration
• Force Majeure: Issues caused by circumstances beyond reasonable control (server outages, natural disasters, third-party service failures)

6.4 Quality Issue Resolution Process

7. Cancellation Procedures

7.1 How to Request Cancellation

To cancel a project, subscription, or service, follow these steps:

7.2 Required Information for Cancellation

All cancellation requests must include the following information for processing:

• Project/Service Identification: Project name, service type, contract/reference number, purchase order number
• Client Information: Full legal name (individual or company), registered email address, phone number, billing address
• Cancellation Details: Date of cancellation request, effective cancellation date requested, detailed reason for cancellation
• Supporting Documentation: Any relevant correspondence, change requests, or documents supporting the cancellation reason
• Outstanding Issues: List of any unresolved issues, quality concerns, or disputes to be addressed in settlement
• Deliverables Status: Client's assessment of what has been delivered and accepted vs. pending

7.3 During Cancellation Processing

While cancellation is being processed:

• Work Suspension: Active development work is suspended upon acknowledgment of cancellation request
• No New Work: No new features, modules, or tasks are initiated
• Ongoing Commitments: Any work already in progress may be completed to logical completion point at our discretion
• Communication: Regular updates provided on cancellation processing status via email
• Access Continuation: For subscription services, access continues until end of paid period or settlement date, whichever is later

8. Refund Processing and Timelines

8.1 Refund Processing Timeline

Typical timeframes for refund processing (from cancellation request to funds receipt):

• Initial Assessment: 5-7 business days for work completion review and refund amount calculation
• Internal Approval: 3-5 business days for management review and approval of refund
• Client Agreement: 7-10 business days for client review, negotiation, and acceptance of settlement terms
• Documentation: 2-3 business days for settlement agreement preparation and signing
• Refund Initiation: 7-14 business days for processing refund through accounts/finance department
• Bank Processing: Additional 3-7 business days depending on banking institutions and payment method
• Total Expected Timeline: 27-46 business days (approximately 5-9 weeks) from cancellation request to funds receipt

Note: Timelines may be longer for complex projects, disputed amounts, or international transactions. We strive to expedite where possible.

8.2 Refund Payment Methods

Refunds are processed using the original payment method when technically feasible:

• Bank Transfer (NEFT/RTGS/IMPS): Direct credit to client's bank account. Requires providing bank details: Account holder name, account number, IFSC code, bank name and branch. Processing time: 7-10 business days
• Credit/Debit Card Reversal: Automatic reversal to original card used for payment. Subject to card issuer/bank processing times (5-15 business days). Available only within 180 days of original transaction
• Online Payment Gateways: Refund through original gateway (Razorpay, PayU, Instamojo, PayPal, Stripe). Gateway processing time: 7-14 business days
• Cheque Payment: Bank cheque issued and sent via courier to registered address. Available for refunds above specified threshold. Processing time: 10-15 business days plus courier delivery
• Wire Transfer (International): For international clients, wire transfer in original currency. Bank charges and currency conversion fees may apply. Processing time: 10-15 business days
• Alternative Methods: Other methods available upon written request with mutual agreement. Subject to feasibility and additional processing fees

8.3 Deductions from Refund Amount

Refund amounts are calculated after deducting:

• Completed Work Value: Fair market value of all completed and delivered work, calculated at agreed hourly rates or milestone values
• Third-Party Costs: All non-refundable third-party expenses (licenses, hosting, domains, APIs, tools) as itemized
• Administrative Fees: Administrative fees as specified in this policy (typically 10-20% depending on cancellation stage)
• Payment Processing Fees: Credit card, payment gateway, and bank transaction fees (typically 2-3%) incurred on original payment
• Outstanding Invoices: Any outstanding invoices, unpaid balances, or dues from current or previous projects
• Late Payment Interest: Any accrued interest on late payments as per contract terms
• Contractual Penalties: Any cancellation penalties specified in service-specific agreements

8.4 GST Treatment of Refunds

In accordance with Goods and Services Tax Act, 2017:

• Refunds are processed net of GST where GST has already been remitted to government authorities
• Tax invoice reversal and credit note issued for refunded amounts showing original invoice details, refund reason, taxable value, GST reversal amount
• If GST has not yet been remitted (e.g., within same tax period), full refund including GST may be processed
• Credit notes provided for accounting and GST compliance purposes
• Detailed GST treatment documentation provided with refund

8.5 Refund Confirmation and Documentation

Upon refund completion, you will receive:

• Email confirmation with refund transaction details (amount, date, method, reference number)
• Credit note or refund receipt for accounting purposes
• GST credit note showing tax treatment
• Detailed settlement statement showing all calculations and deductions
• Mutual release agreement confirming settlement and closure

9. Payment Disputes and Disagreements

9.1 Dispute Resolution Process

If you disagree with charges, invoice amounts, refund calculations, or settlement proposals:

1. Initial Contact: Contact our accounts team at info@breeur.com with subject "Payment Dispute - [Project Name]". Clearly state specific concerns, disputed amounts, and your position with supporting documentation
2. Documentation Review: Provide all supporting documentation including contracts, emails, approved work, payment records, and any evidence supporting your claim
3. Internal Review: Our accounts and project management teams review the dispute, examine all documentation, and assess the claim objectively. Review completed within 7 business days
4. Response and Explanation: We respond with detailed explanation of our position, calculations, supporting evidence, and proposed resolution within 10 business days
5. Negotiation: If initial response doesn't resolve dispute, both parties engage in good faith negotiations to reach mutually acceptable resolution. Negotiation period: 15-20 business days
6. Senior Management Escalation: If unresolved at accounts level, escalate to senior management at info@breeur.com with "Escalation - Payment Dispute" in subject
7. Mediation: If internal resolution unsuccessful, consider third-party mediation before legal action as per our Terms & Conditions
8. Legal Resolution: Final disputes resolved through arbitration or courts of Mumbai, Maharashtra as per our Terms & Conditions

9.2 Disputed Amount Handling

During dispute resolution:

• Undisputed Portions: Client must pay undisputed portions of invoices while dispute is being resolved
• Service Continuity: For ongoing services, we may suspend services if undisputed amounts are not paid timely
• Interest Waiver: Late payment interest may be waived on genuinely disputed amounts during good faith dispute resolution
• Documentation: All dispute-related communication must be in writing via email for proper record-keeping

9.3 Chargeback Policy (Credit Card Disputes)

9.4 Protection Against Fraudulent Disputes

We reserve the right to:

• Defend against frivolous, fraudulent, or bad-faith disputes with full legal remedies
• Seek compensation for time, legal costs, and resources spent defending false claims
• Report fraudulent activities to law enforcement and credit bureaus
• Refuse future services to clients with history of fraudulent claims

10. Special Circumstances and Exceptions

10.1 Force Majeure Events

In case of extraordinary circumstances beyond reasonable control of either party (natural disasters, pandemics, war, terrorism, government actions, Internet/telecommunications failures):

• Timeline Extensions: Project timelines may be extended without penalty to account for delays caused by force majeure events
• Alternative Arrangements: We will propose alternative delivery methods, modified schedules, or adjusted approaches to complete projects
• Partial Refunds: If service delivery becomes permanently impossible due to force majeure, partial refunds offered based on work not completed
• Good Faith Efforts: Both parties agree to make good faith efforts to minimize impact and find alternative solutions
• No Consequential Damages: Neither party liable for consequential damages, lost profits, or business interruption caused by force majeure

10.2 Company-Initiated Cancellations

If Breeur Solutions must cancel or terminate a project due to our inability to deliver, resource constraints, or other company-side issues:

• Full Refund: 100% refund of all payments received (minus third-party costs already incurred which cannot be recovered)
• Completed Work Delivery: Delivery of all work completed to date at no additional charge, including source code, designs, documentation in usable format
• Transition Assistance: Reasonable assistance with transition to another service provider if requested by client
• No Consequential Damages: Our liability is limited to refund of fees paid; no liability for consequential damages, lost profits, or business interruption
• Advance Notice: Reasonable advance notice provided (typically 30 days) except in emergency circumstances

10.3 Client Breach or Misconduct

If cancellation results from client breach of contract or misconduct:

• No refunds provided for cancellations due to client breach of Terms & Conditions
• Client remains liable for full contract value plus any damages or additional costs incurred
• Examples: Non-payment, failure to provide required access/information, abusive behavior, violation of acceptable use policy

10.4 Mutual Agreement Termination

If both parties mutually agree to terminate the engagement:

• Settlement terms negotiated in good faith by both parties
• Terms may deviate from standard policy based on specific circumstances and mutual agreement
• Written mutual termination agreement signed by both parties
• Settlement typically covers completed work, incurred costs, and reasonable administrative fees

10.5 Financial Hardship or Extenuating Circumstances

We understand that unexpected financial hardships or personal crises can occur. In cases of genuine hardship:

• Contact us immediately at info@breeur.com to discuss your situation
• We may consider flexible payment plans, project pausing, or modified arrangements on case-by-case basis
• Documentation of hardship may be requested for consideration
• Our goal is to find workable solutions that respect both parties' interests

11. Taxes, Fees, and Compliance

11.1 Goods and Services Tax (GST)

In compliance with Goods and Services Tax Act, 2017:

• Inclusive Pricing: All prices and fees include applicable GST at prevailing rates (currently 18% for most IT services)
• Tax Invoices: GST-compliant tax invoices issued for all transactions with GSTIN, SAC code, taxable value, GST amount, and total
• Refund Treatment: Refunds processed net of GST where GST has been remitted to tax authorities. GST credit notes issued for all refunds
• Input Tax Credit: Registered businesses can claim input tax credit for GST paid on our services as per GST regulations
• Rate Changes: If GST rates change during project, applicable rates at time of invoice apply. Rate changes do not affect total project value unless specified in contract

11.2 Tax Deducted at Source (TDS)

For corporate and business clients subject to TDS requirements:

• TDS deducted at source as per Income Tax Act, 1961 (typically Section 194J at 10% for professional/technical services)
• TDS certificates (Form 16A) provided quarterly
• Client responsible for TDS deposit and certificate issuance
• Invoice payment amount = Invoice total - TDS deducted
• TDS amounts are not refundable as they are statutory tax payments to government

11.3 International Transactions

For international clients outside India:

• Currency: Transactions typically in USD, EUR, or INR as mutually agreed
• Withholding Tax: Client responsible for any withholding tax requirements in their jurisdiction
• Tax Compliance: Client responsible for compliance with local tax laws regarding purchase of services from India
• Exchange Rate: Currency conversion (if any) at prevailing exchange rates. Exchange rate fluctuations during refund processing do not affect refund amount in original currency
• Wire Transfer Charges: International wire transfer fees (typically $25-50) may be deducted from refund or charged separately

11.4 Payment Processing Fees

• Payment gateway/processor fees (typically 2-3%) are non-refundable transaction costs
• Deducted from refund amounts as these fees are already incurred and cannot be recovered
• Examples: Razorpay (~2%), PayU (~2%), PayPal (~3-4%), Stripe (~3%), international card fees (3-5%)

11.5 Tax Documentation

We provide comprehensive tax documentation:

• GST tax invoices for all payments received
• GST credit notes for refunds processed
• TDS certificates (Form 16A) quarterly
• Annual tax statements for accounting purposes
• Foreign inward remittance certificates (FIRC) for international transactions

12. Client Responsibilities for Smooth Processing

To ensure efficient processing of cancellations and refunds, clients are responsible for:

12.1 Timely Communication

• Written Notice: Submit cancellation requests in writing (email acceptable) as soon as decision is made. Verbal cancellations are not processed
• Complete Information: Provide all required information (project details, client information, reason, supporting documents) in initial request to avoid processing delays
• Prompt Responses: Respond promptly to our requests for clarification, additional information, or documentation. Delays in client response extend overall processing timeline
• Availability: Maintain availability for discussions, negotiations, and settlement agreement finalization

12.2 Professional Conduct

• Respectful Communication: Maintain professional, respectful communication throughout cancellation and refund process
• Good Faith Engagement: Engage in good faith discussions and negotiations. Unreasonable demands or hostile behavior may slow resolution
• Factual Accuracy: Provide accurate, truthful information. Misrepresentation may void refund eligibility
• Dispute Resolution: Follow proper dispute resolution procedures. Threats, public defamation, or social media attacks are not constructive and may affect settlement terms

12.3 Payment Obligations

• Undisputed Amounts: Pay all undisputed invoice amounts and completed work value promptly even while cancellation is being processed
• Outstanding Dues: Clear any outstanding invoices or past-due amounts. Refunds may be offset against outstanding dues
• Final Settlement: Complete final settlement payment (if net amount is owed to Breeur) before project closure and deliverable handover

12.4 Accurate Bank Details

For refund processing, provide accurate bank information:

• Bank account holder name (exactly as per bank records)
• Bank account number (checking/savings account)
• Bank IFSC code (for Indian accounts)
• Bank name and branch address
• SWIFT/BIC code (for international accounts)

Errors in bank details will delay refund processing. Verify all information carefully before submission.

12.5 Documentation Review