SparxIT Solutions Private Limited - Refund and Cancellation Policy

Scope of Policy

This policy applies to all custom software development and IT consulting services offered by SparxIT. As we specialize in bespoke solutions tailored to specific client requirements, this policy is designed to address the nature of project-based work and ongoing service retainers. This policy does not apply to any third-party products or services that we may procure on your behalf.

Cancellation Policy

We understand that business needs can evolve. Our cancellation policy is designed to be clear and fair, reflecting the work undertaken at various stages of a project or service agreement.

Project-Based Services (Custom Software Development)

Our custom software development projects typically involve an initial upfront payment (usually 20-30% of the project total) to secure resources and initiate the project, followed by payments based on mutually agreed-upon milestones. The final project deliverables, including source code and deployment, occur upon realization of 100% of the agreed-upon project fees.

Cancellation Before Project Commencement

• If you choose to cancel your project before any development, design, or significant project planning work has commenced (as determined by SparxIT), you will be eligible for a refund of the advance payment, less any minimal administrative, payment processing, or preliminary consultation fees incurred by SparxIT. We will provide a breakdown of these deductions.

Cancellation After Project Commencement

• If you decide to cancel the project after work has commenced, charges will be applicable for all work completed up to the date of formal written cancellation. This includes hours logged by our team, resources utilized, and any third-party costs incurred specifically for your project.
• Any advance or milestone payments received that exceed the value of the work completed and costs incurred (as per SparxIT’s assessment) will be refunded to you.
• No refunds will be issued for milestones that have been completed and approved by you.

Cancellation Between Milestones (for Fixed-Price Milestone Projects)

• If your project is structured with fixed-price milestones, cancellation is ideally requested upon the completion of a milestone and before the commencement of the subsequent one.
• Completed and approved milestones are non-refundable.
• Upon receiving written confirmation of cancellation, work on any upcoming, uninitiated milestones will cease. Any payments made for uninitiated future milestones will be considered for a refund, less any direct costs already incurred by SparxIT in preparation for those milestones.

Monthly Retainer or Ongoing Service Contracts

• If you are engaged in a monthly retainer or ongoing service contract with SparxIT, a written notice of at least thirty (30) calendar days is required for cancellation.
• All work performed and services rendered during this 30-day notice period will be billable as per the agreed contract terms.
• Any advance payments made for services scheduled beyond the 30-day notice period will be refunded, after deducting any outstanding dues or costs incurred during the notice period.

Refund Policy

We strive to ensure client satisfaction. Refunds are considered under specific circumstances as outlined below.

Eligibility for Refund

• Non-Delivery of ServicesIf SparxIT is unable to commence your project or deliver the agreed-upon services due to reasons solely attributable to our internal operational failures, you may be eligible for a full or partial refund of payments made for the undelivered portion of the services. The extent of the refund will be based on the work already completed and approved.
• Significant Technical Issues Unresolved by SparxITIf the custom software developed by SparxIT has major technical defects or fails to function substantially as per the agreed-upon project specifications, and our technical team is unable to resolve these documented issues within a reasonable timeframe (as mutually agreed or, if not agreed, as determined by SparxIT based on complexity), you may be eligible for a refund. This will be subject to a thorough investigation and assessment by SparxIT. Eligibility for a refund in such cases will be evaluated based on the severity of the unresolved issues and their impact on the overall project deliverables.
• Duplicate Payments or Verified Billing ErrorsIn the event of a verified duplicate payment or a billing error caused by SparxIT, we will promptly process a full refund of the overcharged or erroneous amount to your original payment method. Please report any suspected billing errors to us immediately.

Non-Refundable Circumstances

Refunds will generally not be issued in the following situations

• Change of Mind or Business Priorities After Work CommencementOnce a project has commenced and resources have been allocated, refunds are not typically provided if the cancellation is due to a change in your business priorities, project direction (unless formally agreed as a scope change with adjusted commercials), or if you simply change your mind about proceeding.
• Delays Caused by Client If project delays or failures are due to lack of timely communication, feedback, content, or approvals from your side, or any other client-dependent factors, refunds will not be applicable.
• Completed and Approved MilestonesAs stated earlier, payments for project milestones that have been completed, reviewed, and approved by you are non-refundable.
• Third-Party CostsAny payments made for third-party licenses, software, hosting services, domain names, APIs, SaaS subscriptions, or other external resources procured by SparxIT on your behalf for the project are non-refundable. You are responsible for understanding the refund policies of these third-party vendors.
• Services Rendered During Notice Period (for Retainer Contracts)Fees for services provided during the mandatory notice period for cancellation of retainer contracts are non-refundable.
• Minor Issues or Disagreements on Subjective ElementsDisagreements on minor aspects of design or functionality that do not deviate from the core agreed-upon scope, or subjective preferences that were not explicitly documented and agreed upon, do not typically qualify for a refund. We will always strive to accommodate reasonable revisions as per our agreement.
• Dissatisfaction Without Opportunity to RectifyIf concerns regarding service quality or deliverables are not communicated to SparxIT in a timely manner, providing us with a reasonable opportunity to address and rectify them, refund requests based on such dissatisfaction may not be approved.

Refund Request Process

To request a refund, please adhere to the following process

• Submit a Formal RequestAll refund requests must be submitted in writing to our designated support email address (provided below). Your request should include your company name, project name, date of payment, the amount in question, and a clear, detailed explanation of the reason for your refund request, along with any supporting documentation.
• EvaluationUpon receipt, our team will review your request in detail, considering the terms of your service agreement and this policy. We may contact you for additional information or clarification if required.
• Decision and ProcessingWe will notify you of our decision regarding your refund request within a reasonable timeframe (typically 7-14 business days from the receipt of all necessary information). If your refund is approved, it will be processed to your original method of payment, unless otherwise agreed. Please note that the time taken for the refund to reflect in your account may vary depending on your bank or payment processor.

Cessation of Service Usage Post-Refund

If a refund is processed for services or custom software development, you must cease all use of any deliverables, code, or materials provided by SparxIT associated with that refunded portion of the project. Continued use of such materials post-refund may constitute a breach of our terms and could result in further action.

Project Scope and Change Requests

Any changes to the project scope must be documented and mutually agreed upon in writing. Significant changes may impact the project timeline, cost, and the terms of this Refund and Cancellation Policy for the affected parts of the project.

Force Majeure

SparxIT shall not be liable for any failure or delay in performing our obligations where such failure or delay results from any cause beyond our reasonable control. Such causes include, but are not limited to: acts of God, natural calamities, war, terrorism, cyber-attacks, government actions or restrictions, pandemics, labor disputes, or internet service provider failures. In such events, we will endeavor to communicate with you and resume services as soon as practicably possible.

Dispute Resolution

We are committed to resolving any concerns amicably. If a dispute arises concerning refunds or cancellations, both parties agree to first attempt to resolve the matter through good-faith negotiations. If a resolution cannot be reached, the dispute shall be subject to the exclusive jurisdiction of the courts located in Noida, Uttar Pradesh, India, and will be governed by the applicable laws of India.

Policy Amendments

SparxIT reserves the right to modify or update this Refund and Cancellation Policy at any time without prior individual notice. Any changes will be effective immediately upon posting the revised policy on our official website. We encourage you to review this policy periodically. Your continued engagement with SparxIT after such changes constitutes your acceptance of the new policy.