Refund
Policy.

1. Status of this policy

1.1 This policy is incorporated into our Terms and Conditions by clause 2.3 of those Terms and has the same contractual force as the clauses set out in them. Capitalised terms used in this policy have the meanings given in clause 3 of the Terms.

1.2 By accepting a Proposal and making a payment you accept this policy. Where this policy and the Terms address the same subject matter they are drafted to the same effect, and the clause references below identify the corresponding provision of the Terms.

1.3 All amounts are denominated in United States dollars (USD) and all refunds are made in that currency.

2. The first instalment

2.1 The first instalment on a project Engagement is fifty per cent (50%) of the fixed price and is payable before work commences, under clause 7.1 of the Terms.

2.2 Termination within the cancellation window. Where you terminate by notice in writing within forty eight (48) hours of making that payment and before work has commenced, the payment is refunded less an administration charge of $500 USD. That charge represents the scheduling and scoping capacity irrevocably committed to your Engagement on its formation, which cannot be recovered once a delivery slot has been reserved. This clause corresponds to clause 19.1 of the Terms.

2.3 After commencement. Once work has commenced the first instalment is applied against planning, design and build work performed and is not refundable of itself. Where the Engagement subsequently terminates before completion, it is credited against the amount payable under clause 5.

3. Milestone instalments

3.1 The instalment of twenty five per cent (25%) at the mid point milestone and the balance of twenty five per cent (25%) before delivery fall due on attainment of those points, under clause 7.1 of the Terms.

3.2 Where a Deliverable fails to conform to the scope recorded in the Proposal, you must notify us in writing within fourteen (14) days of the delivery notice, in accordance with clause 16.2 of the Terms, and we will remedy the non conformity at no charge under clause 16.3.

3.3 A difference of view as to scope, where the work delivered conforms to the Proposal, does not give rise to a right of refund. Work you require to be altered after you have approved it is a variation under clause 6.2 of the Terms and is chargeable.

3.4 No instalment is refundable by reason only of a business outcome not having been achieved, clause 17.2 of the Terms excluding any warranty as to outcome.

4. The Systems Audit

4.1 The fee for a Systems Audit is $1,500 USD, and is credited in full against the Fees for a build Engagement commenced within ninety (90) days of delivery of the audit, under clause 5.2 of the Terms.

4.2 The guarantee. Where the audit does not identify at least ten (10) hours a week of recoverable capacity in your operations, the fee is refunded in full. To claim under this clause, notify us in writing within fourteen (14) days of delivery of the audit. We will make the refund without requiring you to justify the claim.

4.3 Where the fee has already been credited against the Fees for a build Engagement under clause 4.1, the guarantee in clause 4.2 is spent and the amount credited is treated as Fees for that Engagement.

5. Termination before completion

5.1 You may terminate a project Engagement at any time by notice in writing to legal@anteomnio.com, under clause 19.2 of the Terms.

5.2 The amount payable. On termination you remain liable for the Fees attributable to work completed and in progress at the date of termination, calculated as the proportion of the fixed price those parts of the Engagement represent, and in no event exceeding the total fixed price.

5.3 Reconciliation. Where the amounts you have paid exceed the amount payable under clause 5.2, we refund the difference within ten (10) Business Days of the date of termination. Where they fall short of it, we invoice the difference and that invoice is payable within fourteen (14) days under clause 7.5 of the Terms.

5.4 Delivery up. In either case we deliver up the Deliverables for which the Fees have been paid, together with the associated accounts, credentials and documentation, in accordance with clause 19.6 of the Terms. Save for the administration charge in clause 2.2, no cancellation charge, early termination charge or liquidated sum arises on termination by you.

5.5 Termination by us for cause. Where we terminate under clause 19.4 of the Terms, clauses 5.2 to 5.4 apply in the same way, save that no refund is made of any amount that has become payable under clause 5.2 and we may set off against any refund any amount you owe us.

6. Retainers

6.1 AI search, performance marketing and support retainers run from month to month and are invoiced at the commencement of each month in advance.

6.2 Either party may terminate a retainer on thirty (30) days written notice under clause 7.2 of the Terms. The month in progress at the date notice is given is not refundable. Hours or capacity not used in a month do not accrue and do not carry forward. No month commencing after the expiry of the notice period will be invoiced.

6.3 Where we vary a retainer rate we give not less than thirty (30) days written notice under clause 7.3 of the Terms, and you may terminate with effect from a date before the revised rate takes effect.

6.4 A retainer is a commitment of capacity rather than a purchase of a defined deliverable, and no part of a retainer fee is refundable by reference to the volume of work performed in a month in which the retainer was available to you.

7. Third Party Costs and advertising spend

7.1 Third Party Costs committed on your behalf before termination, such as a period of hosting or a software licence, are charged at cost and are not refundable by us once committed. Whether the provider refunds them is a matter between you and that provider, and we will give you reasonable assistance in pursuing it.

7.2 Advertising spend. Advertising spend is payable by you directly to the advertising platform under clause 8.3 of the Terms, and its refund is accordingly governed by that platform's own terms and not by this policy. Where we have agreed in writing that advertising spend passes through us, any amount we hold to your order and have not yet disbursed is returned to you in full within ten (10) Business Days of termination.

8. Our default

8.1 Where we fail to deliver in conformity with the Proposal, our first obligation is to re-perform the non conforming work at no charge, and that is your sole and exclusive remedy, under clause 17.3 of the Terms.

8.2 Where we fail or decline to re-perform within a reasonable time after written notice, we will refund the whole or part of the Fees paid in respect of the affected work. That refund is the remedy this policy provides and it is subject in all respects to clause 17 of the Terms.

8.3 No refund arises under this clause in respect of a change of mind, a change in your business requirements or direction, a delay caused or contributed to by your failure to perform clause 9 of the Terms, an outcome you hoped for that the Proposal did not promise, or any matter within clause 17.8 of the Terms.

9. Procedure for raising a concern

9.1 A concern should be raised in writing with legal@anteomnio.com, and should be raised within fourteen (14) days of the matter arising so that it can be examined while the work is current and the position is capable of being remedied.

9.2 That period is not a limitation period and does not restrict your legal rights. It is the point at which a remedy is most readily available. Nothing in this policy abridges any period of limitation prescribed by law or prevents you from raising a matter at a later date, subject only to clause 17.9 of the Terms.

9.3 We acknowledge a concern within one working day and propose a resolution within five (5) Business Days. Any matter falling within the agreed scope is remedied at no charge under clause 16.3 of the Terms. Failing resolution, the escalation procedure in clause 26.3 of the Terms applies before either party commences proceedings.

9.4 Chargebacks. You are asked to raise a concern with us before initiating a chargeback or payment reversal with your bank or card issuer. A chargeback raised in respect of an invoice for work delivered and accepted is a matter we will contest, and we reserve the right to recover the costs we incur in doing so and to suspend performance under clause 7.7 of the Terms pending its resolution.

10. Payment of refunds and contact

10.1 A refund is made to the original payment method where that is possible and by bank transfer where it is not. We make no deduction from a refund in respect of our own transaction charges. Charges imposed by your bank or card issuer, and any movement in exchange rates between the date of payment and the date of refund, are for your account and are outside our control.

10.2 We may set off against any refund any amount then due to us from you under any Engagement.

10.3 Enquiries about this policy should be addressed to legal@anteomnio.com or submitted through our contact form. We reply to every message within one working day.