Refund Policy

1. Overview

Applegate AI provides professional AI automation services on a monthly retainer basis. Retainer Fees represent payment for the reservation of capacity, expertise, and resources during the billing period, irrespective of the volume of work delivered within that period. This policy sets out the circumstances, if any, in which refunds or Service Credits may be considered.

This policy forms part of the Master Services Agreement. Engagement of Applegate AI constitutes acceptance of this policy.

2. General Position

2.1 All Retainer Fees are charged in advance and are non-refundable in all circumstances save as expressly provided in clauses 3.1 and 3.2 of this policy.

2.2 Payment of the Retainer Fee constitutes payment for the availability of Applegate AI’s services, team capacity, and infrastructure during the billing period. It does not constitute payment solely for the delivery of specific Deliverables within that period.

2.3 Where a Client provides the required 30 days’ written notice of termination, no further Retainer Fees will be charged beyond the notice period. No refund will be issued in respect of any billing period already invoiced.

2.4 Where a Client terminates without the required 30 days’ notice, the full Retainer Fee for the notice period is payable in full as a debt.

2.5 No refund or Service Credit shall be issued by reason of the Client’s dissatisfaction with the style, tone, direction, or nature of work produced, where that work has been carried out in accordance with the agreed scope.

2.6 No refund or Service Credit shall be issued by reason of dissatisfaction with AI-generated outputs, which are probabilistic by nature and subject to the limitations described in the AI Disclaimer.

3. Discretionary Exceptions

All exceptions to clause 2 are at Applegate AI’s sole and absolute discretion. No right to a refund or Service Credit arises by virtue of the circumstances described below. Where Applegate AI elects to issue a Service Credit, this shall not constitute an admission of liability or a precedent for future requests.

• 3.1 Failure to Commence - Where Applegate AI has accepted payment and has not commenced delivery of any Services in the relevant billing period due to circumstances solely attributable to Applegate AI, Applegate AI may, at its discretion, issue a Service Credit in respect of the affected period.
• 3.2 Material Shortfall - Where, in a given billing period, Applegate AI has demonstrably failed to deliver a material portion of the agreed scope, and the Client has raised this in writing and provided Applegate AI with a reasonable opportunity to remedy the shortfall, Applegate AI may, at its discretion, issue a partial Service Credit proportionate to the demonstrated shortfall.

4. Expressly Non-Refundable Circumstances

The following are expressly and unconditionally excluded from any refund or Service Credit consideration:

• Fees for billing periods in which any Services have been commenced, regardless of the extent of delivery
• Fees for completed Deliverables, whether or not accepted or used by the Client
• Fees for periods in which delivery was delayed or reduced by the Client’s failure to provide access, content, approvals, or responses in a timely manner
• Fees for periods affected by Third-Party Tool outages, platform changes, API deprecations, or circumstances beyond Applegate AI’s reasonable control
• Fees where the Client is in breach of the Master Services Agreement or Acceptable Use Policy
• Set-up fees, onboarding charges, or any non-recurring fees
• Fees where the Client’s dissatisfaction relates to outcomes or performance metrics not explicitly guaranteed in a signed Statement of Work or in the package guarantees at clause 14 of the Terms & Conditions

5. Service Credits

6. Refund Request Process

Clients wishing to raise a billing concern must submit a written request to info@applegateai.com within 14 days of the relevant invoice date or the date the grounds arose, including the invoice number, billing period, and a description of the grounds for the request. Requests submitted outside this window will not be considered.

Applegate AI will acknowledge requests within 3 working days and issue a decision within 10 working days.

7. Disputes

Clients who disagree with Applegate AI’s decision may escalate the matter through the formal dispute resolution process in the Master Services Agreement.

8. Statutory Rights

This policy applies to B2B engagements. Where a Client qualifies as a consumer under applicable UK law, statutory rights apply and are not excluded by this policy. Independent legal advice is recommended where uncertainty exists as to applicable rights.

9. Contact

Billing enquiries: info@applegateai.com