Refund Policy
CandyCode Tech Lab Private Limited
Dhanbad, Jharkhand, India
Table of Contents
1Preamble & Applicability
This Refund Policy (“Policy”) forms an integral and inseverable part of the Terms and Conditions of CandyCode Tech Lab Private Limited (“Company”). This Policy applies to all clients, customers, and contracting parties (“Client”) who have engaged the Company for any services including but not limited to web development, mobile application development, software development, UI/UX design, digital marketing, maintenance, and consulting.
By accepting any quotation, proposal, or invoice — whether by written signature, email confirmation, digital acknowledgment, or payment of any amount — the Client irrevocably agrees to and is bound by this Policy in its entirety.
This Policy constitutes a valid and binding contractual term under Section 10 of the Indian Contract Act, 1872. Email acceptance constitutes a legally valid contract under Section 10A of the Information Technology Act, 2000.
2Payment Finality
All payments received by the Company — whether in full or in part, as an advance, milestone payment, retainer, or otherwise — are final and shall not be refunded under any circumstances whatsoever.
The following shall not, inter alia, constitute grounds for refund:
- Dissatisfaction with the final deliverable, including dissatisfaction of a subjective nature;
- Change of mind, business direction, or project cancellation by the Client;
- Variations in project delivery timelines, including delays of up to 3 (three) calendar months;
- Non-utilisation of any delivered work product by the Client;
- Disputes regarding technology stack, design choices, or implementation methodology;
- Insolvency, bankruptcy, or cessation of business by the Client;
- Force majeure events including pandemic, natural disaster, or government action;
- Post-delivery defects or bugs, which shall be addressed through the Company’s support process;
- Failure by the Client to provide required inputs, content, feedback, or credentials;
- Third-party service failures including hosting, domain, API, or payment gateway issues.
3Invoice Payment Terms
Payment is due and payable within 3 (three) calendar days of the Invoice Date (“Payment Window”). This is a mandatory contractual obligation and admits of no extension except by express prior written agreement signed by an authorised director of the Company.
3.1 — Each invoice shall specify the Invoice Date, Amount Due, Payment Details, and Payment Deadline. Time is of the essence with respect to all payment obligations.
3.2 — Failure to pay within the Payment Window shall constitute a material breach of contract, entitling the Company to exercise all remedies available under these Terms and applicable law.
3.3 — Late payments shall attract a penalty of 2% (two percent) per month or part thereof on the outstanding amount, compounded monthly, from the due date until actual payment.
3.4 — All payments are exclusive of applicable taxes including GST. The Client bears full responsibility for all applicable statutory taxes.
4Consequences of Non-Payment
In the event of non-payment within the Payment Window, the Company shall, without prejudice to its other rights, be entitled to:
- Suspend all ongoing work and services with immediate effect;
- Withhold delivery of completed or in-progress work product;
- Revoke access to any staging environments, demos, or deliverables;
- Retain all advance and milestone payments already received;
- Initiate legal proceedings for recovery of outstanding dues, interest, and costs;
- Invoke the dispute resolution mechanism under Clause 10 hereof.
Suspension of services due to non-payment shall not entitle the Client to any refund of amounts previously paid.
5Scope of Services & Design Policy
5.1 Technology Discretion: The Company retains absolute discretion in selecting programming languages, frameworks, libraries, databases, and tools for any project. Client preferences shall be treated as non-binding suggestions. The final technology decision rests solely with the Company based on developer availability and technical feasibility.
5.2 Design Policy: Where the Client fails to provide a complete Figma design (or other agreed format) prior to commencement, the Company shall proceed with its own design. Any revision to a Company-created design constitutes a separate chargeable scope of work and shall be invoiced accordingly.
5.3 Change Requests: Any addition, deletion, or modification of originally agreed scope requires a separate written quotation and additional payment. Change Request work is governed by this Policy in its entirety.
6Delivery Timelines
All delivery timelines communicated by the Company are estimates only and do not constitute binding commitments. A variation of up to 3 (three) calendar months from any communicated deadline shall be deemed acceptable and shall not constitute a breach of contract, trigger any penalty, or give rise to any claim for refund.
Timelines may be affected by Client-side delays including late provision of content, feedback, credentials, or approvals. Such delays shall not be attributed to the Company and may extend the project timeline accordingly.
7Service Discontinuation by Client
If the Client elects to discontinue services at any stage:
- All amounts paid up to the date of discontinuation are forfeited and non-refundable;
- Outstanding invoices remain due and payable in full;
- Work product completed up to the date of discontinuation may be withheld until all dues are cleared;
- The Company shall be entitled to recover costs and commitments incurred in reliance on the engagement.
8Exclusions
This Policy recognises no exceptions to the no-refund position. The Company expressly excludes:
- Any implied warranty of fitness for a particular purpose with respect to refund eligibility;
- Any consumer protection claim in respect of refunds where services are procured for commercial or business purposes;
- Any obligation to refund arising from unilateral expectations of the Client not expressly committed in writing by the Company.
The parties agree that this Policy represents their complete and final agreement on the subject of refunds, notwithstanding any provision of general law to the contrary.
9Payment Reversal Policy
Any attempt by the Client to initiate a chargeback, payment reversal, or payment dispute with any bank, card network, payment gateway, or financial institution shall constitute a material breach of this Agreement. Upon such an attempt, the Company shall:
- Contest the reversal with full documentary evidence including this Policy, contracts, and email acceptances;
- Immediately terminate all services and revoke access to all deliverables;
- Initiate legal proceedings for recovery of the disputed amount plus penalties, interest, and legal costs.
Attempts to reverse payments without lawful justification may attract civil and criminal liability under applicable Indian law, including the Information Technology Act, 2000.
10Dispute Resolution
Any dispute arising out of or in connection with this Policy shall be resolved through the mandatory 3-stage escalation mechanism specified in the Company’s Terms and Conditions:
- Stage 1: Internal resolution through written notice and good-faith negotiation (30 days);
- Stage 2: Arbitration under the Arbitration and Conciliation Act, 1996, at Dhanbad, Jharkhand;
- Stage 3: Litigation before courts at Dhanbad, Jharkhand, India (exclusive jurisdiction).
Compliance with each stage is a condition precedent to proceeding to the next. The Client irrevocably submits to the exclusive jurisdiction of courts at Dhanbad, Jharkhand, India.
11Client Acknowledgement
By engaging the Company’s services, the Client confirms that it has read, understood, and agreed to this Refund Policy in its entirety; that the terms are commercially reasonable and acceptable; that it has had the opportunity to obtain independent legal advice; and that email acceptance of any proposal or invoice constitutes binding acceptance of this Policy.
12Governing Law & Jurisdiction
This Policy shall be governed by the laws of the Republic of India. The courts at Dhanbad, Jharkhand, India shall have exclusive jurisdiction over all disputes arising from or relating to this Policy, to the exclusion of all other courts and jurisdictions.
