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Refund and cancellation policy

This Policy sets out the terms on which an engagement may be cancelled, how work already performed and amounts already paid are treated, and the procedure to be followed in claiming a refund.

Effective from
Last revised on
Jurisdiction
Vadodara, Gujarat, India

Preamble and definitions

This Refund and Cancellation Policy (Policy) is issued by ByteWeb IT Solutions Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office at Vadodara, Gujarat, India (the Company, we or us).

In this Policy, unless the context otherwise requires: Client means the person or entity engaging the Company for Services; Services means the design, development, migration, maintenance or support services agreed between the parties; Engagement Document means the proposal, quotation, work order, statement of work or agreement executed between the parties; and Milestone means a stage of the Services identified in the Engagement Document as attracting a separate payment.

This Policy shall be read together with the Company's Terms & Conditions and forms part of the contract between the parties. In the event of any inconsistency between this Policy and the Engagement Document, the Engagement Document shall prevail.

General principle

The Services comprise professional work performed by personnel over time. Accordingly, consideration is payable in respect of work actually performed. Amounts paid in respect of work not performed as on the date of cancellation shall be refundable, and amounts paid in respect of work performed shall not be refundable.

Cancellation of Milestone-based engagements

Where the Services are divided into Milestones, upon cancellation by the Client:

  • Milestones completed and delivered as on the date of cancellation shall be payable in full and no refund shall be admissible in respect thereof;
  • the Milestone in progress shall be charged on a pro rata basis in proportion to the work performed up to the date on which written intimation of cancellation is received; and
  • Milestones not commenced shall not be charged, and any amount received in respect thereof shall be refunded.

The Company shall furnish to the Client a statement of account setting out the work performed, the amount payable and the amount refundable, within a reasonable time from the date of cancellation.

Advance and retainer amounts

An advance paid on confirmation of an engagement is consideration for reservation of the Company's capacity and for the planning and preparatory work commenced upon receipt thereof. Once work has commenced, such advance shall be adjusted against the work performed and shall not be refundable. Where the Company is unable to commence the Services for any reason attributable to it, the advance shall be refunded in full.

Engagements charged on a time basis

Where the Services are charged on an hourly, daily or monthly basis, including maintenance, support and dedicated resource engagements, time already expended shall be payable and shall not be refundable. Time contracted but not expended as on the date of termination shall not be charged.

Amounts paid to third parties

Charges for hosting, domain names, licences, themes, plugins, fonts, subscriptions and similar third-party products or services are levied by the respective providers under their own terms and are generally non-refundable once procured. The Company shall not be liable to refund such amounts. Where an amount has been collected in respect of a third-party product not yet procured, the same shall be refunded.

Circumstances in which a full refund shall be admissible

The Company shall refund the amounts received in respect of the Services in question where:

  • the Company cancels the engagement prior to commencement, or is unable to deploy resources as agreed;
  • an amount has been collected in excess, or has been charged in error or more than once; or
  • the Company has failed to deliver the Services as agreed and has not remedied such failure within a reasonable time of receiving written notice thereof.

Circumstances in which no refund shall be admissible

  • Services completed and delivered, including deliverables which the Client subsequently elects not to use;
  • time expended on revisions or modifications carried out at the instance of the Client;
  • delay or additional work occasioned by the Client's failure to furnish content, approvals or access within reasonable time;
  • change in the Client's requirements or direction after the corresponding work has been performed; and
  • outcomes from a deployed website or application, including traffic, search rankings or sales, such outcomes being dependent on factors beyond the Company's control.

Grievances regarding quality of Services

Any grievance regarding the quality or conformity of the Services shall be intimated to the Company in writing at [email protected] at the earliest, specifying the particulars of the deficiency alleged. The Company shall examine the grievance, communicate its view and propose the manner of rectification. The Company shall ordinarily seek to rectify the Services rather than to refund the consideration paid in respect thereof.

Procedure for cancellation and refund

  1. The Client shall send a written intimation to [email protected] from the email address on record for the engagement, specifying the Services sought to be cancelled and the reasons therefor.
  2. The Company shall acknowledge the intimation, discontinue work to the extent directed, and prepare a statement of account as aforesaid.
  3. The parties shall confirm the amount payable and the amount refundable in writing.
  4. The amount determined as refundable shall be remitted through the same mode as the original payment.Credit to the Client's account shall be subject to the timelines of the remitting and receiving banks.

Bank charges, payment gateway charges and taxes levied on the original payment, to the extent not recoverable by the Company, shall be deducted from the amount refundable.

Force majeure

Neither party shall be liable for any failure or delay in performance attributable to any cause beyond its reasonable control, including act of God, natural calamity, epidemic, war, civil disturbance, strike, failure of telecommunication or internet services, or any order of a governmental or statutory authority. Where such cause subsists beyond a reasonable period, either party may terminate the engagement, and the provisions of this Policy shall apply to amounts paid and work performed up to the date of such termination.

Governing law and jurisdiction

This Policy shall be governed by and construed in accordance with the laws of India, including the Indian Contract Act, 1872 and, where applicable, the Consumer Protection Act, 2019. Any dispute arising out of or in connection with any cancellation or refund shall be subject to the exclusive jurisdiction of the courts at Vadodara, Gujarat, India.

Amendment

The Company reserves the right to amend this Policy from time to time. The Policy in force as on the date of confirmation of an engagement shall apply to that engagement. The effective date and the date of last revision are stated at the head of this document.

Communication

All communication under this Policy, including in respect of any invoice, shall be addressed to [email protected]. The Company's Terms & Conditions and its Privacy Policy govern the remaining aspects of the relationship between the parties.