Refund & Cancellation Policy

Scope and definitions. This policy applies to every engagement between the Company and a business client, and to every sum charged under one, including the Subscription Fee, any one-off charge separately agreed, and any sum accelerated upon early termination. Terms defined in the Terms of Service carry the same meaning here, and in particular the Go-Live Date, the Initial Term, a Renewal Term, the Subscription Fee and Client Data.

The Services are supplied to businesses only. The Client contracts in the course of its trade, business, craft or profession and is not a consumer, and no right of withdrawal, cooling-off period, cancellation right or refund entitlement conferred upon consumers by any law applies to the engagement. Nothing in this policy is to be read as conferring such a right.

This policy states the whole of the Company's position on cancellation and refunds. No representative of the Company has authority to vary it orally, and no course of dealing, indulgence, delay or concession granted on one occasion varies it or creates an expectation that it will be granted again.

Cancellation procedure. Before the system goes live, either party may end the engagement at any time by written notice, without cause and without charge. Nothing is billed during design and development, so nothing becomes payable on that ending. That period is when the build is refined to fit the business.

The engagement runs for a fixed term thereafter. The Client commits to an initial term of twelve (12) months beginning on the Go-Live Date, and the engagement renews automatically for successive further terms of twelve (12) months each.

Cancellation is by written notice to hello@alcyone14.com, given not less than sixty (60) days before the end of the then-current term, and takes effect at the end of that term. Notice given later takes effect at the end of the following renewal term. No reason need be given, and no form is required beyond that notice.

There is no mid-term cancellation. Where the Client terminates in fact, or withdraws the payment authorisation, the Subscription Fees for the remainder of that term become immediately due and the Company may collect them in a single payment.

The Company shall acknowledge receipt in writing. The Company's own right to terminate is wider — at any time, on 30 days' notice — as set out in the Terms of Service.

How a cancellation is recorded. A cancellation is effective only when given in writing to the address stated above. A statement made in conversation, in a meeting, to an engineer, or in a message which does not identify itself as notice of cancellation is not notice for the purposes of this policy, and the Company is under no obligation to treat it as such.

The Company shall acknowledge a valid notice in writing and shall state in that acknowledgement the date on which the engagement will end and the date of the final charge. Where an acknowledgement is not received within five business days, the Client should assume the notice has not reached the Company and should send it again; the risk of non-delivery rests with the sender.

Where the Client is within a committed term, the acknowledgement shall also state the sum falling due for the remainder of that term and the date on which it will be charged, so that the position is recorded in writing before any further sum is taken.

Cancellation by the Company. The Company may end the engagement at any time, for any reason or none, on thirty days' written notice, in which case the Client is charged only to the end of the notice period and any sum paid in respect of a period after it is refunded. That right is deliberately wider than the Client's, and the Client acknowledges it in entering into the engagement.

The Company may additionally end the engagement with immediate effect where the Subscription Fee remains unpaid, where the Client is in material breach which is not remedied, where the Client becomes insolvent, where continued performance would place the Company in breach of a law or of a sanction, or where the Client's use of the System presents a risk to the security or availability of any system the Company operates. Termination on any of those grounds does not extinguish the sums accrued for the remainder of the then-current term, which fall due as described below.

Suspension is not cancellation. Where access is suspended for non-payment or for breach, the engagement continues, the Subscription Fee continues to fall due, and the term continues to run. A suspended Client who wishes to end the engagement must still give notice in accordance with this policy.

Effect of cancellation. The Services shall continue to be provided in full until the end of the term in respect of which the Subscription Fees have been paid or have fallen due.

No charge already raised or accrued is refunded, in whole or in part. Once the final term has been paid for, no further charges are raised and the payment authorisation is cancelled.

Within 30 days of termination the Client is entitled to an export of Client Data in a reasonable and commonly used format, in accordance with the Terms of Service.

The Company's position on refunds. Consideration paid in respect of service periods actually delivered is not refunded. A billing month which has commenced is not refunded on a pro-rata basis.

As no charge is raised before the Go-Live Date, no question of refund arises in respect of the design and development period.

A duplicate charge, an erroneous charge, or a charge raised after termination shall be refunded in full to the same payment instrument within 5-10 business days of the enquiry being resolved.

Where payment was made in a local currency through the conversion offered on the payment page, the refund shall be made at the exchange rate of the original transaction, as applied by the payment processor.

How a refund is made. A refund, where one is due, is made to the same payment instrument used for the original charge. The Company does not refund to a different card, to a bank account, in cash, in credit, or to a third party, save where the original instrument has expired or been closed and the Client provides evidence of that fact together with details sufficient to make payment safely.

A refund is initiated within five to ten business days of the matter being resolved. The time taken thereafter for funds to appear is determined by the card issuer and the card network and is outside the Company's control; the Company's obligation is discharged when the refund is submitted to the payment processor.

Where value added tax or another transaction tax was charged, the refund includes the tax element. Where the Client has recovered or is entitled to recover that tax, the Client is responsible for making any corresponding adjustment in its own filings, and the Company issues a credit note where required to do so by law.

The Company may set off against any refund any sum then owing to it by the Client under the engagement, and may withhold a refund while any such sum remains unpaid.

No pro-rata, no partial periods. A billing month which has begun is not divided. Where the engagement ends part way through a month for any reason, the Subscription Fee for that month is payable in full and no part of it is refunded, whether the System was used during that month or not.

Non-use is not a ground for refund. The Subscription Fee secures the Company's capacity, infrastructure, security posture and engineering availability for the term, and is payable whether the Client uses the System daily, occasionally, or not at all. The same applies where the Client's own business ceases, changes hands, changes direction, or no longer requires the System.

A reduction in the Client's usage, in the number of its users, in the volume of its data, or in the range of functionality it chooses to operate, does not reduce the Subscription Fee for the then-current term. A reduction may be agreed in writing with effect from the commencement of the next Renewal Term.

Price changes and declining a renewal. The Subscription Fee is fixed for the Initial Term and for each Renewal Term. Where the Company varies it for a Renewal Term, notice is given not less than ninety days before the end of the then-current term, which is thirty days before the Client's own notice deadline. A Client who does not accept the new fee may decline the renewal by giving notice in the ordinary way, and nothing further falls due.

The Company writes to each Client before a term renews, not less than ninety days before it ends, stating the date the current term expires, the date by which notice must be given to prevent renewal, and the Subscription Fee which will apply to the term about to begin. A Client who gives no notice after receiving that message is taken to have accepted the renewal and the fee stated in it. Where the message is not delivered, is not read, or is sent to an address the Client has not kept current, the renewal is nonetheless effective, and non-receipt is not a ground to treat it as ineffective or to obtain a refund of a term which has begun.

Where the Company gives notice of a variation later than ninety days before the end of a term, the variation does not take effect for the term about to begin and the existing fee continues for that term.

Billing disputes. A Client disputing a charge is asked to contact the Company first at hello@alcyone14.com. The Company shall examine the matter and respond substantively within 5 business days.

Approaching the card issuer directly (a chargeback) before the matter has been exhausted with the Company may delay handling and does not shorten the time to resolution.

Chargebacks. A chargeback is not a cancellation. Initiating one with the card issuer does not give notice under this policy, does not end the engagement, does not suspend the Subscription Fee, and does not prevent the Company from invoicing and pursuing the sums which continue to fall due, including any sum accelerated upon early termination.

Where a chargeback is raised before the Client has put the matter to the Company and allowed it the five business days provided for above, the Company shall submit to the card issuer the terms accepted by the Client, the record of the charge and the correspondence between the parties, and may recover from the Client any fee levied upon it by the card network in respect of a chargeback determined in the Company's favour.

Where a chargeback succeeds in respect of a sum properly due, the amount reversed is treated as an unpaid Subscription Fee, with the consequences set out in the Terms of Service, including the Company's right to suspend the Services and to terminate for non-payment without extinguishing the sums accrued for the remainder of the term.

Reinstatement after cancellation. A Client who has given notice may withdraw it in writing at any time before the engagement ends, and the engagement continues as though the notice had not been given.

Once the engagement has ended, it cannot be reinstated. A Client who wishes to return does so under a new engagement, on the Company's terms and at its fees current at that time, and a new Initial Term begins on the new Go-Live Date. The Company is under no obligation to accept a returning Client and gives no assurance that the System, its configuration, its integrations or its data will still exist.

Client Data is deleted from production environments thirty days after the engagement ends, and from backups on a rolling basis thereafter. A Client returning after that period should assume the data is gone, and the Company gives no undertaking to recover it.

Changes to this policy. The Company may update this policy from time to time. The version which applies to an engagement is the version published on this page at the time the relevant charge is raised, and its effective date is stated at the head of the page.

Where a change materially and adversely affects a Client with a live engagement, that Client is notified thirty days in advance and may, by objecting in writing within that period, either end the engagement at the date the change would take effect without any sum falling due for the remainder of the term, or elect that the change does not apply to it until the commencement of the next Renewal Term.

A change required by law, by a regulator, by a card network or by the Company's payment processor takes effect as required and is not subject to the preceding paragraph.

This policy is governed by the law of the Republic of Cyprus and the courts of Limassol have exclusive jurisdiction over any matter arising from it, on the terms set out in the Terms of Service. It is published in English and in Hebrew, and in the event of discrepancy the English version prevails.

Company details. AMSHA ALCYONE14 LTD, trading as Alcyone14. Registered office: 16 Evangelistrias Street, Malema Court, 4th Floor, Office 41, 3031 Limassol, Cyprus. Email: hello@alcyone14.com. Telephone: +972 52-443-4607.