REFUND POLICY
1. POLICY OVERVIEW
Kernovix Consulting ("Company," "we," "us," or "our") provides business consulting and organizational advisory services. This Refund Policy outlines the terms and conditions under which refunds may be requested and processed.
By engaging our services, you acknowledge and agree to this Refund Policy. This policy applies to all consulting engagements, advisory services, and related deliverables unless explicitly modified in a signed agreement.
2. NATURE OF SERVICES
Our services are professional, custom advisory services tailored to each client's specific organizational needs. Services include:
- Organizational structure analysis and design
- Change management frameworks and recommendations
- Team interaction optimization
- Executive documentation and process development
- Strategic advisory consultations
Because our services are highly customized and delivered in real-time, standard "product return" concepts do not apply. This policy reflects the service-based nature of our work.
3. GENERAL REFUND TERMS
3.1 No Refunds After Work Commences
Once consulting work has commenced (including initial analysis, meetings, or deliverable preparation), fees are non-refundable. "Commencement" occurs when:
- We conduct initial discovery or diagnostic sessions
- We begin research, analysis, or framework development
- We deliver any portion of agreed-upon services
- Client provides information or materials for service delivery
3.2 Pre-Commencement Cancellation
If Client cancels an engagement BEFORE work commences, the following applies:
- More than 14 days before scheduled start: Full refund minus $500 administrative fee
- 7-14 days before scheduled start: 50% refund
- Less than 7 days before scheduled start: No refund
3.3 Deposits and Retainers
Deposits and retainer fees are non-refundable once paid. These fees secure engagement scheduling and compensate for opportunity costs. If Client cancels before work begins, deposit may be applied to future services within 12 months, at our discretion.
4. SERVICE DISSATISFACTION
4.1 Quality Commitment
We are committed to delivering high-quality advisory services. If Client is dissatisfied with service quality, we encourage immediate communication to address concerns.
4.2 Remediation Process
Before requesting a refund, Client must:
- Notify us in writing of specific concerns within 7 days of issue occurrence
- Provide detailed explanation of dissatisfaction
- Allow us reasonable opportunity to remedy the issue
We will work collaboratively to address concerns through:
- Clarification or revision of deliverables
- Additional consultation sessions
- Adjustment of approach or methodology
- Assignment of different advisors (if appropriate)
4.3 Refund Consideration
Refunds for dissatisfaction are evaluated on a case-by-case basis and are NOT automatic. Factors considered include:
- Whether Client provided opportunity for remediation
- Extent of services already delivered
- Client's cooperation and communication
- Reasonableness of expectations
- Objective quality of work performed
Refund requests must be submitted in writing within 30 days of the issue. Maximum refund, if approved, is 50% of fees paid for the specific deliverable in question.
5. CIRCUMSTANCES THAT DO NOT QUALIFY FOR REFUNDS
The following circumstances do NOT qualify for refunds:
- Change of Mind: Client decides they no longer need services after engagement begins
- Implementation Failure: Client fails to successfully implement advisory recommendations
- External Factors: Market changes, regulatory shifts, or business circumstances beyond our control
- Outcome Expectations: Advisory does not produce expected business results (we provide recommendations, not guaranteed outcomes)
- Delayed Response: Client fails to provide timely information, feedback, or approvals
- Scope Misunderstanding: Client misunderstood service scope despite clear communication
- Third-Party Issues: Problems caused by third parties, Client's employees, or Client's vendors
- Non-Payment: Client terminated for non-payment
6. PROJECT-BASED ENGAGEMENTS
6.1 Milestone-Based Payment
For projects structured with milestone payments:
- Each milestone payment is non-refundable once the associated deliverable is provided
- Client may choose not to proceed to subsequent milestones, but prior payments remain non-refundable
- Partial milestone completion is billed proportionally with no refund for work performed
6.2 Fixed-Fee Projects
For fixed-fee engagements:
- Fees are allocated across project phases
- If Client terminates mid-project, refund (if any) is calculated based on percentage of work NOT completed
- Minimum retention is 50% of total project fee regardless of completion status
7. RETAINER-BASED SERVICES
7.1 Monthly Retainers
For ongoing monthly retainer arrangements:
- Monthly retainer fees are non-refundable once the month begins
- Client may cancel retainer with 30 days written notice
- No refund for unused hours within a retainer period (hours do not roll over unless specified in agreement)
- Early termination requires payment of current month plus one additional month
7.2 Prepaid Retainer Blocks
If Client purchases prepaid blocks of advisory hours:
- Unused hours expire 12 months from purchase date
- Refunds for unused hours are granted only in cases of documented Company failure to deliver services
- Refund amount is calculated at the discounted rate paid, not standard hourly rate
8. FORCE MAJEURE AND SERVICE INTERRUPTION
8.1 Events Beyond Control
If we are unable to deliver services due to force majeure events (natural disasters, pandemics, war, government action), we will:
- Notify Client as soon as reasonably possible
- Offer rescheduling or alternative delivery methods
- Provide pro-rata refund only if alternative arrangements cannot be made within 90 days
8.2 Company Closure or Insolvency
In the unlikely event of business closure or insolvency, refunds will be processed according to applicable bankruptcy and creditor priority laws. No guaranteed refund in such circumstances.
9. REFUND REQUEST PROCESS
9.1 How to Request a Refund
To request a refund, Client must:
- Submit written request via email to the contact addresses listed below
- Include engagement details (agreement number, dates, services purchased)
- Provide detailed explanation of refund basis
- Include supporting documentation (if applicable)
- Allow us 14 business days to investigate and respond
9.2 Review and Decision
Upon receiving a refund request, we will:
- Acknowledge receipt within 3 business days
- Review engagement records, communications, and deliverables
- Communicate decision within 14 business days
- Provide explanation if refund is denied
9.3 Processing Approved Refunds
If a refund is approved:
- Refund will be processed within 30 days of approval
- Refund will be issued to original payment method
- Client is responsible for any transaction fees incurred in refund processing
- Client must return or destroy any deliverables, materials, or confidential information provided
10. DISPUTES AND ESCALATION
10.1 Internal Resolution
If Client disagrees with our refund decision, they may request escalation to senior management. Escalation requests must be submitted within 10 business days of initial decision.
10.2 Mediation
If internal resolution fails, parties agree to attempt mediation before pursuing legal action. Mediation costs will be shared equally.
10.3 Arbitration
As stated in our Terms of Service, disputes are subject to binding arbitration in Denver, Colorado. The arbitrator's decision on refund eligibility is final.
11. PARTIAL REFUNDS
When partial refunds are granted, the calculation method is:
- Time-Based: If services are hourly, refund based on undelivered hours at contracted rate
- Deliverable-Based: If project-based, refund proportional to undelivered deliverables
- Milestone-Based: Refund based on incomplete milestones, minus completed work
In all cases, minimum retention is 25% of total engagement value for administrative and setup costs.
12. CHARGEBACKS AND PAYMENT DISPUTES
12.1 Chargeback Policy
Initiating a chargeback without first following our refund request process is a breach of our Terms of Service. If Client initiates a chargeback:
- We will immediately suspend all services
- We will provide payment processor with evidence of services rendered
- We reserve the right to pursue legal action for payment recovery and damages
- Client is responsible for all costs associated with chargeback defense
12.2 Proper Dispute Process
Clients must use our internal refund request process BEFORE involving payment processors or financial institutions.
13. CLIENT OBLIGATIONS FOR REFUND ELIGIBILITY
To be eligible for refund consideration, Client must:
- Have made all required payments on time
- Have provided requested information and cooperation
- Have communicated concerns in a timely manner
- Have allowed opportunity for remediation
- Have acted in good faith throughout the engagement
- Not have materially breached the engagement agreement
14. MODIFICATIONS TO THIS POLICY
We reserve the right to modify this Refund Policy at any time. Changes will be posted with an updated "Last Updated" date. The policy in effect at the time of engagement execution governs that engagement.
For ongoing retainer relationships, we will provide 30 days notice of material policy changes.
15. QUESTIONS AND CONTACT
If you have questions about this Refund Policy or wish to request a refund, please contact us using the information below. Please allow up to 3 business days for initial response.