This Refund and Cancellation Policy governs cancellations, modifications, and refunds relating to services provided by TO_BE_UPDATED, an individual entrepreneur registered in Republic of Armenia and operating under the Artivale trade name (the “Service Provider”).
This Policy applies to clients acting for business or professional purposes (the “Client”) and forms part of the Public Offer. No separately signed or confirmed document is required unless expressly specified in the applicable invoice. Where used, an individually agreed Statement of Work, proposal, or order may establish additional or different cancellation terms and shall prevail in the event of a conflict.
1. Digital and custom nature of services
1.1. The services provided by the Service Provider—including end-to-end web and mobile application development, software engineering, server administration, IT infrastructure support, technical consulting, and software maintenance—are digital, intangible, and generally created or performed specifically for the Client.
1.2. The Client acknowledges that performance requires the allocation of development and engineering time and may begin shortly after an order or milestone is confirmed.
1.3. Fees attributable to services already performed, hours already worked, deliverables already supplied, or milestones already completed and accepted are non-refundable, except where otherwise required by applicable law or where a refund results from the Service Provider’s material breach.
2. Cancellation before work begins
2.1. The Client may request cancellation before work begins by sending written notice to hello@artivale.space with “Refund Request” in the subject line.
2.2. If no work has been performed and no non-refundable third-party expenses have been incurred, the amount paid may be refunded after deduction of the non-recoverable costs described in Section 6.
2.3. Work shall be considered commenced when the Service Provider begins research, planning, design, development, configuration, consulting, or any other activity attributable to the relevant order or milestone.
3. Retainer and ongoing support services
3.1. Either party may terminate an ongoing monthly support, maintenance, or retainer arrangement by giving at least 30 calendar days’ written notice through the email addresses specified in the applicable order or Statement of Work.
3.2. Unless otherwise agreed, services shall continue until the end of the paid billing period.
3.3. Fees paid for the current billing period are non-refundable, including where the Client does not use all available hours or terminates the arrangement before the end of that period.
3.4. Any work exceeding the included service allowance remains payable under the agreed terms.
4. Milestone-based development projects
4.1. Payment for each completed and accepted milestone is final and non-refundable, subject to Section 1.3.
4.2. If the Client cancels a project during an incomplete milestone, the Service Provider shall determine:
- the work completed up to the effective cancellation date;
- the hours reasonably spent at the rate specified in the applicable Statement of Work, proposal, or order;
- any deliverables or source code eligible for transfer; and
- any committed or non-refundable third-party expenses.
4.3. The Service Provider may retain the portion of the milestone payment attributable to completed work and incurred expenses. Any remaining unused balance may be eligible for a refund.
4.4. Deliverables, source code, and intellectual property relating to an incomplete milestone shall be transferred only to the extent covered by amounts retained or additionally paid by the Client.
4.5. If no hourly rate was expressly agreed, the value of completed work shall be determined proportionally by reference to the scope, deliverables, and price of the relevant milestone.
5. Refund requests
5.1. A refund request must be submitted to hello@artivale.space with “Refund Request” in the subject line and include:
- the Client’s legal name and contact details;
- the invoice or order number;
- the payment transaction reference;
- the reason for the request; and
- any supporting information reasonably required to assess the request.
5.2. The Service Provider shall review a properly submitted request within five business days. Additional information may be requested where necessary.
5.3. Approval of a refund does not constitute an admission of liability or breach.
6. Refund method, costs, and timing
6.1. Where technically available and permitted by applicable law, an approved refund shall be made through the same payment provider or settlement channel and in the same currency in which the original payment was received.
6.2. If the original method is unavailable, restricted, or no longer supported, the Service Provider and the Client shall agree on a lawful alternative refund method.
6.3. The refundable amount shall be reduced by all non-recoverable costs incurred in receiving or returning the payment, including payment processing fees, blockchain network fees, conversion charges, correspondent and recipient bank fees, and other third-party expenses.
6.4. Blockchain transactions are irreversible. A refund constitutes a separate transaction and does not reverse or cancel the original transaction.
6.5. The Service Provider is not responsible for changes in exchange rates or for delays, deductions, rejections, or conversion losses caused by payment providers, blockchain networks, settlement partners, intermediary banks, or the Client’s bank.
6.6. The processing time of an approved refund depends on the selected payment method and the relevant third-party providers. The Service Provider shall initiate the refund within 10 business days after approval and receipt of all information necessary to process it.
7. Modifications
7.1. Requests to modify an agreed scope, milestone, subscription, or delivery schedule are subject to the Service Provider’s written acceptance.
7.2. An approved modification may result in changes to the price, timeline, deliverables, or payment schedule and shall be recorded in writing.