Refund Policy

Last Updated: February 14, 2025

1. Overview

2. Definitions

For the purposes of this Refund Policy, the following terms shall have the meanings set forth below:

• Services: Any and all IT services, solutions, deliverables, and professional services provided by Anubris to the Client under any agreement, SOW, or engagement.
• Fees: The total compensation payable by the Client to Anubris for Services rendered, including but not limited to monthly charges, project fees, consulting rates, and any associated costs.
• Cancellation: The formal termination or discontinuation of Services by either the Client or Anubris prior to the natural expiration of the service term.
• Refund: A monetary return of Fees previously paid by the Client, issued in accordance with the terms of this policy.
• Pro-Rata: A proportional calculation based on the ratio of the unused service period to the total service period, applied to determine partial refund amounts.
• Cooling-Off Period: The initial fourteen (14) calendar day period following the commencement of Services during which new Clients may cancel and receive a full refund, subject to the conditions outlined in Section 4.
• SOW (Statement of Work): A formal document that defines the scope, deliverables, timeline, milestones, and fees for a specific project or engagement between Anubris and the Client.
• Prepaid Credits: Advance payments made by the Client for future Services, maintained as a credit balance on the Client's account.
• Monthly Recurring Charges (MRC): Fees billed on a recurring monthly basis for ongoing managed services, subscriptions, or support agreements.
• One-Time Fees: Non-recurring charges for specific deliverables, setup costs, onboarding, or individual service engagements.
• Project-Based Fees: Fees associated with defined-scope projects, typically structured as fixed-price, milestone-based, or time-and-materials engagements.

3. Eligibility for Refunds

Clients may be eligible for a refund under any of the following circumstances:

• Services Not Delivered as Described: The Services provided materially deviate from the specifications, scope, or deliverables outlined in the applicable SOW, proposal, or agreement.
• Material Breach of Service Level Agreement (SLA): Anubris fails to meet the performance metrics, response times, or availability commitments defined in the applicable SLA, and such failure is not remedied within the cure period specified therein.
• Service Outage Exceeding SLA Commitments: An unplanned service interruption or outage exceeds the maximum allowable downtime specified in the Client's SLA, resulting in a measurable impact on the Client's operations.
• Defects in Deliverables Not Remedied Within Cure Period: Deliverables contain material defects or fail to meet agreed-upon acceptance criteria, and Anubris is unable to remedy such defects within fifteen (15) business days of receiving written notice from the Client (or such other cure period as specified in the SOW).
• Duplicate Charges or Billing Errors: The Client has been charged in excess of the agreed-upon Fees due to duplicate invoicing, system errors, or administrative mistakes.

4. Cooling-Off Period

Anubris offers a fourteen (14) calendar day cooling-off period for new Clients, commencing from the date on which Services are first activated or delivered ("Service Start Date").

Cooling-Off Terms

• New Clients who cancel within the 14-day cooling-off period are entitled to a full refund of all Fees paid, minus the fair market value of any resources consumed, third-party costs incurred, or work already performed during the cooling-off period.
• To exercise the cooling-off right, the Client must submit a written cancellation request to admin@anubris.com within the 14-day window.
• The cooling-off period applies only to the Client's initial engagement with Anubris. It does not apply to subsequent service additions, renewals, or upgrades.

5. Managed Services Refund Policy

The following refund terms apply to Anubris managed IT services, including helpdesk support, infrastructure monitoring, security management, and ongoing service subscriptions.

a. Monthly Subscriptions

Clients on month-to-month managed service plans may cancel at any time by providing thirty (30) days' written notice. Upon cancellation:

• No refund will be issued for the current billing period.
• Services will continue through the end of the current billing cycle.
• Any outstanding invoices must be paid in full prior to service termination.
• Anubris will provide reasonable transition assistance to facilitate migration to an alternative provider, subject to availability and standard hourly rates.

b. Annual Prepaid Plans

Clients who have prepaid for an annual managed service plan and wish to cancel prior to the end of the term are eligible for a pro-rata refund, subject to the following conditions:

• The refund amount shall be calculated based on the number of remaining full calendar months in the annual term.
• An early termination fee of ten percent (10%) of the remaining contract value will be deducted from the refund amount.
• If the early termination fee exceeds the pro-rata refund amount, no monetary refund will be issued; however, the Client will not be liable for any additional charges beyond the original prepaid amount.

c. SLA Credits

In the event of a Service Level Agreement breach, Anubris will issue automatic service credits to the Client's account in accordance with the SLA credit schedule defined in the applicable agreement. SLA credits are governed by the terms set forth in the Terms of Service and the Client's specific SLA documentation.

6. Project-Based Services Refund Policy

The following refund terms apply to all project-based engagements, including fixed-scope projects, time-and-materials engagements, and milestone-based deliveries.

a. Pre-Commencement Cancellation

If the Client cancels a project before Anubris has commenced any work:

• A full refund of all Fees paid will be issued, minus any non-recoverable costs already incurred on the Client's behalf.
• Non-recoverable costs include, but are not limited to: third-party software licenses procured for the project, hardware or infrastructure purchased, vendor commitments, and any pre-purchased resources that cannot be returned or repurposed.
• An itemized accounting of non-recoverable costs will be provided to the Client upon request.

b. Mid-Project Cancellation

If the Client cancels a project after work has commenced but prior to completion:

• Payment is due for all work completed through the date of cancellation, calculated based on the percentage of project completion or time-and-materials incurred.
• A cancellation fee of fifteen percent (15%) of the remaining project value (i.e., the value of unperformed work) will be assessed to cover resource reallocation, opportunity costs, and administrative expenses.
• All completed work product and documentation will be delivered to the Client upon receipt of final payment.

c. Milestone-Based Projects

For projects structured around defined milestones:

• Refunds may be issued only for milestones that have not yet commenced.
• Milestones that are in progress or completed are non-refundable.
• A cancellation fee, as described in subsection (b) above, will be applied to the value of unstarted milestones.
• Milestone completion status will be determined by Anubris based on project documentation and delivered work product.

d. Completed Deliverables

7. Cloud & Infrastructure Services

Cloud and infrastructure services involve a combination of Anubris management fees and third-party platform costs. Refund eligibility varies by cost category.

a. Third-Party Cloud Costs

Costs incurred for third-party cloud platforms (including but not limited to Amazon Web Services, Microsoft Azure, and Google Cloud Platform) are pass-through costs and are non-refundable by Anubris. Clients seeking refunds for third-party charges must contact the respective cloud provider directly. Anubris will provide reasonable assistance in facilitating such requests.

b. Anubris Management Fees

Management fees charged by Anubris for cloud administration, monitoring, optimization, and support are refundable in accordance with the Managed Services Refund Policy outlined in Section 5.

c. Reserved Instances & Committed Spend

Fees associated with reserved instances, savings plans, or committed-use discounts are non-refundable, as these represent binding financial commitments made to cloud providers on the Client's behalf. Clients will be informed of the non-refundable nature of such commitments prior to purchase.

d. Data Migration Services

Data migration services are non-refundable once the migration process has commenced. This includes any preparatory work, data extraction, transformation, or loading activities. Cancellation prior to commencement is subject to the pre-commencement cancellation terms in Section 6(a).

8. Consulting & Advisory Services

Anubris offers a range of consulting and advisory services, including IT strategy, architecture reviews, compliance assessments, and technology advisory engagements.

a. Unused Consulting Hours

Scheduled consulting hours that have not yet been delivered are refundable if the Client provides written cancellation notice at least forty-eight (48) hours prior to the scheduled engagement. Cancellations made less than 48 hours in advance may be subject to a late cancellation fee equal to 50% of the scheduled session value.

b. Completed Consulting Sessions

Fees for consulting sessions that have been delivered are non-refundable, regardless of the Client's satisfaction with the advice provided. Anubris warrants that consulting services will be performed by qualified professionals exercising reasonable care and skill.

c. Prepaid Consulting Packages

Clients who have purchased prepaid consulting hour packages are eligible for a pro-rata refund for unused hours, subject to the following conditions:

• The refund request must be submitted within twelve (12) months of the original purchase date.
• Unused hours that are not redeemed or refunded within the 12-month period will expire without compensation.
• The refund amount will be calculated based on the per-hour rate applicable to the purchased package.

d. Assessment & Diagnostic Tools

Complimentary assessment tools, website analyzers, security scanners, and other free diagnostic services provided by Anubris are offered at no charge and therefore no refund is applicable.

9. Software Development

The following terms apply to custom software development, web application development, integrations, and related engineering services.

a. Custom Development Work

Fees paid for custom software development work that has been completed are non-refundable. The Client retains full ownership of all completed deliverables and associated intellectual property (excluding Anubris pre-existing tools and frameworks) upon receipt of final payment, as specified in the applicable SOW.

b. Warranty Period

Anubris provides a thirty (30) calendar day warranty period following the delivery of each software deliverable. During this warranty period:

• Anubris will remedy, at no additional charge, any defects or bugs that cause the deliverable to fail to meet the agreed-upon specifications and acceptance criteria.
• The warranty applies exclusively to defects in the code delivered by Anubris and does not cover issues arising from Client modifications, third-party integrations not managed by Anubris, or changes in the Client's operating environment.

c. Bug Fixes vs. Enhancement Requests

During the warranty period, bug fixes (defined as corrections to code that does not function according to documented specifications) are provided at no charge. Enhancement requests (defined as modifications, additions, or improvements that extend functionality beyond the original specifications) are considered new work and will be scoped, quoted, and billed separately.

d. Source Code Delivery

Source code, documentation, and related artifacts will be delivered to the Client upon receipt of full and final payment for the applicable engagement. Once source code has been delivered and accepted by the Client, the associated Fees are non-refundable.

10. Training & Certifications

Anubris offers professional training, workshops, and certification preparation courses. The following cancellation and refund terms apply:

a. Cancellation 7+ Days Before Scheduled Date

Cancellations received at least seven (7) calendar days prior to the scheduled training date are eligible for a full refund of the training fee. Alternatively, the Client may elect to reschedule to a future available date at no additional charge.

b. Cancellation 2–7 Days Before Scheduled Date

Cancellations received between two (2) and seven (7) calendar days prior to the scheduled training date are eligible for a fifty percent (50%) refund of the training fee. Alternatively, the Client may reschedule to a future available date at no additional charge.

c. Cancellation Less Than 2 Days or No-Show

Cancellations received less than two (2) calendar days prior to the scheduled training date, or failure to attend without prior notice (no-show), are non-refundable. Training materials, if applicable, will still be provided to the registered attendee.

d. Attendee Substitution

Substitution of registered attendees is permitted at any time prior to the training date at no additional charge. The substitute attendee must meet any prerequisites specified for the course. Written notification of the substitution must be sent to admin@anubris.com.

11. How to Request a Refund

To initiate a refund request, Clients should follow the process outlined below:

Refund Processing Timeline

1. Acknowledgment: Anubris will acknowledge receipt of the refund request within two (2) business days and assign a case reference number.
2. Review: The refund request will be reviewed by the Anubris billing team and, where applicable, the relevant service delivery team. The review will be completed within ten (10) business days of acknowledgment.
3. Decision Notification: The Client will receive written notification of the refund decision, including a detailed explanation if the request is denied or partially approved.
4. Refund Processing: Approved refunds will be processed within fifteen (15) business days of the approval date.
5. Refund Method: Refunds will be issued to the original payment method used for the transaction. Where the original payment method is no longer available, Anubris may issue the refund as an account credit or via an alternative method agreed upon by both parties.

12. Refund Exceptions

The following categories of Fees and charges are not eligible for refund under any circumstances:

• Services Used and Accepted: Fees for Services that have been delivered, used, and accepted by the Client (whether expressly or through deemed acceptance) are non-refundable.
• Third-Party Pass-Through Costs: Any charges that represent pass-through costs from third-party vendors, including but not limited to cloud hosting fees, software license fees, and hardware procurement costs.
• Custom Domain Registrations: Domain registration fees are non-refundable, as registrations are processed through third-party registrars and cannot be reversed once completed.
• SSL Certificates: SSL certificate fees are non-refundable once the certificate has been issued and provisioned by the certificate authority.
• Cancellation Due to AUP Violation: If Services are terminated due to the Client's violation of the Acceptable Use Policy, no refund will be issued for any prepaid Fees or unused service periods.
• Client-Caused Disruptions: If Services are disrupted, delayed, or rendered incomplete due to the Client's actions, inactions, failure to provide required access or information, or failure to meet agreed-upon responsibilities, no refund will be issued.
• Force Majeure Events: No refunds will be issued for service disruptions caused by events beyond the reasonable control of Anubris, including but not limited to natural disasters, acts of war, government actions, pandemics, cyberattacks, power failures, or telecommunications outages.

13. Dispute Resolution

If the Client is dissatisfied with a refund decision, the following escalation process is available:

a. Escalation Path

1. Account Manager: The Client's assigned Account Manager will review the refund decision and provide a response within five (5) business days.
2. VP of Client Services: If the matter remains unresolved, it may be escalated to the Vice President of Client Services for further review, with a response within ten (10) business days.
3. General Counsel: As a final internal escalation, the matter may be referred to Anubris General Counsel for resolution, with a response within fifteen (15) business days.

b. Mediation

If the dispute cannot be resolved through the internal escalation process, either party may request non-binding mediation administered by a mutually agreed-upon mediator in New York, NY. The costs of mediation shall be shared equally between the parties.

c. Terms of Service Dispute Resolution

All disputes not resolved through the above process shall be subject to the dispute resolution provisions set forth in the Terms of Service, including binding arbitration under AAA Commercial Rules.

d. Unauthorized Chargebacks

14. Service Credits vs. Monetary Refunds

Anubris may, at its discretion, issue service credits in lieu of monetary refunds in certain situations. The following guidelines apply:

When Service Credits Are Issued

• SLA Violations: Service credits are the default remedy for SLA breaches, as specified in the applicable SLA documentation. Credits are calculated based on the severity and duration of the breach.
• Partial Service Disruptions: Where a service disruption affects only a portion of the Client's services or infrastructure, proportional service credits will be issued based on the impacted components.

Service Credit Terms

• Service credits are valid for twelve (12) months from the date of issuance.
• Credits are non-transferable and may only be applied to the Client account for which they were issued.
• Credits may be applied to any future Anubris invoice, including monthly recurring charges, project fees, or consulting engagements.
• Credits have no cash value and cannot be redeemed for monetary payment, except as described below.

Monetary Refund Alternative

15. Contact & Policy Updates

Billing Team Contact

For all refund-related inquiries, billing questions, or account concerns:

Policy Change Notifications

Anubris reserves the right to modify this Refund Policy at any time. Material changes to this policy will be communicated through:

• Email notification to all active Clients at least thirty (30) days prior to the effective date of the change
• Prominent notice published on the Anubris website
• Updated "Last Updated" date at the top of this document

For active service agreements, the Refund Policy in effect at the time of the Client's service commencement will apply for the duration of that service term, unless the Client consents to the updated policy or a new agreement is executed.

Governing Law

This Refund Policy is governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its conflict of law provisions. Any disputes arising from or related to this policy shall be resolved in accordance with the dispute resolution provisions set forth in Section 13 and the Terms of Service.