Refund Policy

Notice. Prepared from the implemented commercial model. Not legal advice. Statutory cancellation and cooling-off rights differ materially between jurisdictions and must be reviewed by qualified legal counsel in each market of publication.

1. Statement

Licence fees are non-refundable, except in the four circumstances set out in Section 4 of this Policy.

This is stated plainly at the outset because a refund policy that is generous in its opening paragraph and restrictive in its conditions is worse than one that is clear. The position is restrictive, and the reasons are given in Section 3.

2. Scope

This Policy governs fees paid for a Commercial Licence to OXXON AUDIT, OXXON VERIFY or OXXON FAST. It forms part of OXL-05 Commercial Licence Agreement.

It does not apply to the Desktop Trial, for which no fee is charged.

3. Why the position is restrictive

The commercial model is built so that a customer does not need a refund to manage risk:

• A Desktop Trial is available at no charge before any purchase, allowing three days and five completed audits on the customer's own real workbooks, on the customer's own machine. OXL-04 Evaluation Licence Agreement governs it.
• OXXON VERIFY offers one free evaluation run per business email address.
• The scope of what the products do and do not test is published in full at /trust/limitations and restated in OXL-17 Disclaimer & Limitation of Liability, before purchase rather than after.
• A Quotation is issued manually and its validity period gives time to evaluate before committing. OXL-07 governs.

A customer therefore has a full, unmetered opportunity to determine whether the software is suitable before paying anything. The evaluation is the protection; the refund is not.

4. Circumstances in which a refund is given

A refund is given in the following circumstances only.

4.1 Duplicate or erroneous payment

Where the Customer has paid the same invoice twice, or has paid an amount in excess of the invoiced sum, OXXON refunds the excess in full.

4.2 OXXON's failure to deliver

Where OXXON has received cleared payment and has not issued a working Licence File within fourteen (14) days, and the delay is not attributable to the Customer, the Customer may require a full refund of the fee paid.

4.3 Breach of the limited warranty

Where the software does not perform substantially in accordance with its published documentation, and OXXON is unable to correct the defect within a reasonable period after written notice, OXL-05 Section 14.1 applies: OXXON may terminate the affected licence and refund a pro-rata portion of the fee paid for the unexpired part of the Licence Term.

4.4 Termination for OXXON's material breach

Where the Customer lawfully terminates for OXXON's material breach under OXL-05 Section 17.2, OXXON refunds a pro-rata portion of the fee paid for the unexpired part of the Licence Term.

5. Circumstances in which no refund is given

For the avoidance of doubt, no refund is given:

• because the Customer changed its mind, reorganised, or no longer requires the software;
• because the Customer did not use, or under-used, the licence;
• because the Customer purchased more Seats than it needed, or reduces its Seat count mid-term;
• because the software's findings on a particular workbook were not what the Customer expected, where the software performed in accordance with its documentation;
• because the software does not perform a check the Customer assumed it performed, where that scope is published at /trust/limitations and in OXL-17;
• because the Customer's own environment, workbook format or file cannot be processed, where the supported formats and limits are published;
• where OXXON terminates for the Customer's material breach; or
• in respect of any period of a Licence Term already elapsed.

6. Statutory rights

Nothing in this Policy excludes or limits any right the Customer has under mandatory applicable law.

Where the Customer is a consumer, or is otherwise entitled to a statutory cancellation, withdrawal or cooling-off right that cannot be excluded by contract, that right applies in full and prevails over this Policy.

OXXON's products are institutional software licensed to organisations, and consumer protection regimes will not usually apply. Where they do, they apply.

The interaction of this Policy with statutory cancellation rights in the European Union, the United Kingdom and other markets requires confirmation by qualified legal counsel before publication. This is recorded as an outstanding item in PUBLIC_LAUNCH_LEGAL_READINESS.md.

7. Making a claim

A refund claim is made in writing to partners@oxxonadvisors.com, quoting the quotation reference and the invoice number, and stating which limb of Section 4 is relied upon.

OXXON will acknowledge within five business days and determine the claim within thirty days.

8. Method and timing

An approved refund is paid:

• to the account from which payment was originally received;
• in the currency of the original payment;
• net of bank and intermediary charges and of any currency conversion loss, which the Customer bears; and
• within thirty (30) days of approval.

9. Effect of a refund

Where a refund is given in respect of a Licence Term, the corresponding licence terminates on the date of the refund. The Customer must cease using the software and remove it from every computer on which it is installed.

Reports, findings data and Technical Manifests already produced remain the Customer's property and are not affected by a refund. They are not deleted, disabled or revoked.

10. Governing law

This Policy is governed by the laws of India, and Section 19 of OXL-05 Commercial Licence Agreement governs jurisdiction. Enterprise customers may negotiate separate terms in writing.

Related documents

• OXL-04 Evaluation Licence Agreement
• OXL-05 Commercial Licence Agreement
• OXL-07 Commercial Quotation Terms
• OXL-08 Payment Terms
• OXL-17 Disclaimer & Limitation of Liability