Payment, Cancellation & Refund Policy

1. Scope

This Payment, Cancellation & Refund Policy applies to fees charged directly by THYNKR SYSTEMS LTD for software development, consultancy and technical stewardship services under the Client Services Terms and a Statement of Work (“SOW”).

It does not govern fees for THYNKR’s products, which have their own refund policies, linked from the legal hub.

Where a SOW sets different payment, cancellation or refund terms, the SOW takes priority.

2. Business clients

THYNKR’s services are supplied to businesses. Unless mandatory law, a SOW or another written agreement provides otherwise, business clients do not receive a general consumer cooling-off right merely because services were agreed online or at a distance.

3. Payment

• Fees are stated in the SOW and are exclusive of VAT.
• [TO CONFIRM: whether a deposit or advance payment is required before work starts, and how much].
• Invoices are due within 14 days unless the SOW states otherwise.
• Payment is made by [TO CONFIRM: accepted payment methods, for example bank transfer].
• Undisputed overdue amounts may accrue statutory or contractually permitted interest.
• THYNKR may suspend affected work after reasonable notice for material non-payment.
• The Client must raise a good-faith invoice dispute promptly and pay undisputed amounts when due.

4. Cancelling a project or consultancy engagement

The Client may cancel a SOW by written notice under the termination provisions of the Client Services Terms. [TO CONFIRM: notice period for cancelling a project or consultancy SOW, and any cancellation charge].

On cancellation, the Client pays for Services performed, Deliverables completed and non-cancellable costs committed up to the effective date of cancellation.

[TO CONFIRM: notice required to cancel or reschedule a booked consultancy session or workshop without charge].

5. Cancelling stewardship services

Recurring stewardship services may be cancelled by written notice. Unless the SOW states otherwise:

• cancellation takes effect at the end of the current paid billing period, subject to [TO CONFIRM: minimum term and notice period for stewardship services];
• services continue until that date;
• the services will not renew after effective cancellation; and
• no partial refund is issued for unused days in the current period.

6. Work already started

Where a fee covers discovery, setup, migration, configuration or implementation work, the fee may become non-refundable once the relevant work has started or been completed.

If THYNKR cannot provide agreed paid work for reasons within THYNKR’s control, THYNKR may refund the affected unperformed portion.

7. Refund eligibility

THYNKR may issue a full or partial refund where:

• required by law;
• THYNKR made an incorrect duplicate charge;
• THYNKR invoiced after a cancellation had validly taken effect;
• THYNKR did not perform paid work for reasons within its control;
• THYNKR expressly agrees to a refund as a commercial resolution; or
• a SOW expressly provides a refund right.

A refund is generally not available merely because:

• the Client changed its mind after work was performed;
• the Client did not use a Deliverable;
• the Client did not give notice before a renewal;
• the Client’s staff did not adopt a Deliverable;
• the Client’s systems, hardware or environment were unsuitable;
• a third-party service outside THYNKR’s control was unavailable;
• work was suspended for the Client’s breach; or
• the Client expected work that was not included in the SOW.

These exclusions are subject to mandatory law and express contractual commitments.

8. Third-party costs

Costs THYNKR incurs on the Client’s behalf for third-party licences, hosting, app-store accounts, domains or other services are generally non-refundable once committed, except where charged incorrectly or where law requires otherwise.

9. Chargebacks

Initiating a chargeback does not automatically establish that a fee was invalid. THYNKR may provide invoices, the SOW and records of work to a payment provider, card network or bank to contest an incorrect chargeback where permitted.

10. Refund method

Approved refunds will normally be returned to the original payment method where practicable. Processing times depend on banks and payment providers.

11. Requesting a refund

Requests should include:

• business name;
• contact email;
• invoice reference and SOW;
• amount;
• reason; and
• relevant supporting information.

Contact: info@thynkrsystems.com