Refund and Cancellation Policy

Last Updated: 16/12/2024

At Nexwinds Solutions Lda (“we,” “our,” or “us”), we strive to provide high-quality IT solutions and services tailored to our clients’ needs. This Refund and Cancellation Policy outlines the terms and conditions under which refunds and cancellations may occur. By engaging with our services, you agree to the terms of this Policy.

1. General Terms

Refunds and cancellations are subject to the specific conditions outlined below. This Policy applies to all services provided by Nexwinds Solutions Lda, including website and eCommerce development, custom software development, IT and network services, and marketing services.

2. Refunds

Refunds may be requested under certain circumstances. However, refunds are only applicable if the conditions specified below are met.

2.1. Eligibility for Refunds

You may be eligible for a refund if:

Failure to Deliver Agreed Services: If we fail to deliver the services as outlined in the Service Agreement, or if there is a significant breach of the agreed-upon deliverables.
Technical Issues Caused by Nexwinds: If the service provided by Nexwinds Solutions Lda is not functioning due to an error or failure on our part that cannot be corrected within a reasonable timeframe.
Failure to Meet Project Milestones: If we fail to meet project milestones or deadlines as stipulated in the Service Agreement, and the delay significantly impacts your business operations.

Refunds are not applicable in the following cases:

Change of Mind: If you simply change your mind about the service or decide not to proceed with the project.
Client Delays: If there are delays in providing necessary information, feedback, or approval from your side that result in a delay or incomplete project.
Non-payment: If the refund request is made due to failure to pay outstanding amounts, or if services are halted due to non-payment.

2.2. Refund Process

To request a refund, the Client must:

Submit a written request to Nexwinds Solutions Lda within 14 days of the issue arising.
Provide a clear explanation of the reason for the refund request, including relevant supporting documentation or evidence of the service failure.
Allow Nexwinds Solutions Lda to investigate the issue and attempt to resolve it within a reasonable timeframe.

Once the refund request is reviewed and approved, we will issue the refund through the original payment method within 14 business days.

2.3. Partial Refunds

In certain cases, a partial refund may be issued if:

Part of the project has been completed, and the scope of work has been partially fulfilled.
The Client has received value from the services rendered, but some deliverables were not completed to satisfaction.

The amount of the partial refund will be determined based on the portion of the project completed and the value received by the Client.

3. Cancellations

Clients may request to cancel services at any time before the completion of the project. The terms and conditions of cancellation depend on the stage of the project at the time of the request.

3.1. Cancellation Before Project Start

If the Client requests to cancel the project before work has begun, the Client will be entitled to a full refund of any payments made, except for any non-refundable costs already incurred by Nexwinds Solutions Lda (such as domain registrations, third-party services, etc.).

3.2. Cancellation After Project Start

If the Client cancels the project after work has commenced, the following terms apply:

Before the Initial Milestone: If the cancellation request occurs before the first project milestone is completed, the Client may receive a partial refund based on the work completed up to that point. The amount of the refund will depend on the percentage of the project completed.
After the Initial Milestone: If the project has progressed past the first milestone, the Client will be required to pay for the work completed up to the point of cancellation. In this case, refunds may not be applicable unless the work completed does not meet the agreed-upon deliverables.
Cancellation Fees: If cancellation occurs during the later stages of the project, cancellation fees may apply. These fees are based on the stage of development and may increase as the project progresses. Fees will be calculated as a percentage of the total project cost.

3.3. Late Cancellation for Subscription-Based Services

For services that are subscription-based, cancellations must be made in writing at least 30 days before the next billing cycle to avoid being charged for the following period. If cancellation is requested after this period, the Client will be charged for the upcoming subscription period but may receive a refund for the remaining months, subject to the terms of this policy.

4. Additional Conditions

4.1. Client Responsibilities

The Client must ensure the following:

Provide all necessary information, feedback, and approvals in a timely manner.
Cooperate with Nexwinds Solutions Lda to address any issues or errors.
Adhere to payment terms outlined in the Service Agreement.

Failure to fulfill these responsibilities may impact the refund or cancellation process.

4.2. No Refunds for Services Rendered

Once services have been delivered and completed, and if the Client has accepted the work, no refunds will be granted. By accepting the work, the Client confirms that the deliverables meet their expectations.

5. Force Majeure

Neither party will be liable for any delay or failure in performance under this Policy due to causes beyond their reasonable control, including but not limited to natural disasters, labor strikes, governmental actions, or technical failures that are not the fault of the party claiming force majeure.

6. Dispute Resolution

If there is a dispute over the refund or cancellation request, both parties agree to attempt to resolve the issue through negotiation. If an agreement cannot be reached, the dispute will be resolved through arbitration, as outlined in the Service Agreement.

7. Amendments to the Policy

Nexwinds Solutions Lda reserves the right to amend or modify this Refund and Cancellation Policy at any time. Any changes will be communicated to the Client, and the updated Policy will be posted on our Website. The revised policy will apply to all future transactions.

8. Contact Information

If you have any questions about this Refund and Cancellation Policy or wish to request a refund or cancellation, please contact us:

Nexwinds Solutions Lda
Rua Engenheiro João Tallone, n.º 80
4470-516 Maia, Porto, Portugal
Email: [email protected]

By engaging with our services, you agree to the terms outlined in this Refund and Cancellation Policy.