Important: This is a template document and must be reviewed and customized by a qualified attorney before publication. It should reflect your actual business practices and comply with applicable laws.
This Refund Policy explains the refund and cancellation terms for services provided by XopherFarrell. By engaging our services, you agree to the terms outlined in this policy.
This policy should be read in conjunction with our Terms of Service and any Service Agreement you have executed with us.
1. Nature of Professional Services
XopherFarrell provides professional consulting services, including fractional Chief Marketing Officer services, marketing strategy development, creative direction, and related professional services. These are time-based professional services, not physical products.
Once services have been rendered, time has been invested, and professional expertise has been provided, that work cannot be "returned" in the traditional sense. Therefore, our refund policy reflects the nature of professional service delivery.
2. Deposit Policy
Non-Refundable Deposits
Upfront deposits required before commencement of services are generally non-refundable. These deposits secure your engagement slot, cover initial onboarding and discovery work, and compensate for turning away other potential clients during the reserved time period.
Application of Deposits
Deposits are applied toward your final invoice or project fees as specified in your Service Agreement. If services are completed for less than the total contracted amount, any remaining deposit balance may be refunded at our discretion.
Pre-Work Cancellation
If you cancel your engagement before any services have been rendered and before the scheduled start date specified in your Service Agreement, you may request a refund of your deposit. Refunds in these circumstances will be considered on a case-by-case basis and are subject to:
Written cancellation notice received at least 14 days before the scheduled start date
No work having been performed, including discovery, research, or planning
Deduction of any administrative costs or third-party expenses already incurred
3. Monthly Retainer Services
Payment Terms
Monthly retainer fees are billed in advance for the upcoming month of service. Payment is due according to the schedule specified in your Service Agreement.
No Refunds for Partial Months
Monthly retainer fees are not prorated or refunded for partial months of service. If you provide notice of termination during a billing period, services will continue through the end of that paid period, but no refund will be provided for unused days within that month.
Termination and Final Month
If you wish to terminate a retainer agreement, you must provide written notice as specified in your Service Agreement (typically 30 days). You are responsible for payment through the notice period. Services will conclude at the end of the final paid period.
Example: If you provide 30-day termination notice on January 15th and your billing date is the 1st of each month, you would be responsible for the February 1st payment (covering February services), and services would conclude on February 28th.
Unused Retainer Hours
If your retainer includes a specified number of hours per month, unused hours do not roll over to subsequent months unless explicitly stated in your Service Agreement. No refunds are provided for unused retainer hours.
4. Project-Based Services
Project Scope and Payment
Project-based services are provided for a fixed fee based on a defined scope of work. Payment schedules vary by project and are specified in your Service Agreement (e.g., 50% upfront, 50% upon completion).
Project Cancellation
If you cancel a project after work has begun, you are responsible for payment for all work completed to date, calculated on a pro-rata basis or as specified in your Service Agreement. No refunds will be provided for payments already made if they are less than or equal to the value of work completed.
Scope Changes
If project scope changes significantly during execution, fees may be adjusted accordingly. Any scope changes will be documented in writing and agreed upon by both parties before additional work proceeds.
5. Additional Coordination Time
When coordination of third-party services exceeds the scope included in your retainer or project agreement, additional coordination time may be billed separately. These fees are for time invested and professional expertise provided, and are non-refundable once the work has been performed.
6. Pass-Through Expenses
Third-Party Services
Pass-through expenses for third-party services (such as data services, research, list acquisition, freelance creative services, etc.) are billed at cost with no markup. These expenses are governed by the refund policies of the respective third-party providers, not by this policy.
Your Responsibility
You are responsible for payment of all pass-through expenses incurred on your behalf, regardless of project cancellation or service termination. We will make reasonable efforts to cancel third-party services if you terminate your engagement, but you remain liable for any non-refundable expenses already committed.
Approval Process
Significant pass-through expenses will be approved by you before being incurred, as specified in your Service Agreement. By approving these expenses, you accept responsibility for payment regardless of subsequent project outcomes.
7. Dissatisfaction with Services
Communication First
If you are dissatisfied with any aspect of our services, we encourage you to communicate your concerns immediately. We are committed to addressing issues promptly and working collaboratively to ensure your satisfaction.
Service Guarantees
While we bring extensive experience and proven methodologies to every engagement, we cannot guarantee specific business results. Marketing and business outcomes depend on many factors outside our control. Our commitment is to provide professional, strategic guidance based on industry best practices.
Dispute Resolution
If concerns cannot be resolved through direct communication, disputes will be handled according to the dispute resolution provisions in our Terms of Service. Refund requests related to service dissatisfaction will be evaluated on a case-by-case basis and are at the sole discretion of XopherFarrell.
8. Payment Disputes
If you dispute a charge, please contact us immediately at [email protected] before initiating a chargeback with your payment provider. We are committed to resolving billing issues fairly and promptly.
Initiating a chargeback without first attempting to resolve the issue directly may result in suspension of services and may be considered a breach of your Service Agreement.
9. Service Interruptions
Our Responsibility
If we are unable to provide agreed-upon services due to circumstances within our control (illness, scheduling conflicts, etc.), we will work with you to reschedule or make alternative arrangements. In cases of significant service interruption on our part, refunds or credits may be provided at our discretion.
Your Responsibility
If services are delayed or interrupted due to circumstances within your control (failure to provide necessary information, delayed approvals, extended unavailability, etc.), no refunds will be provided. You remain responsible for payment according to your Service Agreement terms.
10. Refund Request Process
If you believe you are entitled to a refund based on the terms of this policy or your Service Agreement, please submit a written request to [email protected] including:
Your name and business name
Service Agreement or invoice reference number
Detailed explanation of your refund request
Amount requested and basis for the refund
We will review your request and respond within 10 business days. If a refund is approved, it will be processed within 30 days to the original payment method.
11. Exceptions and Special Circumstances
We understand that extraordinary circumstances may arise. While this policy outlines our standard terms, we will consider exceptions on a case-by-case basis for situations such as:
Medical emergencies or serious health issues
Business closure or bankruptcy
Other documented extenuating circumstances
Requests for exceptions must be submitted in writing with supporting documentation and will be evaluated at our sole discretion.
12. Changes to This Policy
We reserve the right to modify this Refund Policy at any time. Changes will be posted on our website with an updated "Last Updated" date. Modified terms will apply to services engaged after the date of modification. Existing Service Agreements will remain subject to the refund terms in effect at the time the agreement was executed unless both parties agree otherwise in writing.
Questions About Refunds?
If you have questions about this Refund Policy or wish to discuss a specific situation, please contact us:
XopherFarrell
Christopher Farrell
Email: [email protected]
Phone: 484.788.9166
Website: xopherfarrell.com