CloudPilot (Pty) Ltd Refund and Shipping/Cancellation Policy

1. Introduction and Scope

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This Policy outlines the terms and conditions for refunds, cancellations, and the "shipping" (delivery) of services provided by CloudPilot (Pty) Ltd ("CloudPilot," "we," "us," or "our"). As a provider of cloud services, productivity tools, and software solutions, our "shipping" pertains to the digital provisioning and activation of services. This Policy is subject to the Consumer Protection Act 68 of 2008 (CPA) and the Electronic Communications and Transactions Act 25 of 2002 (ECT Act).

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2. Shipping/Delivery Policy (Digital Services Provisioning)

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Since CloudPilot provides primarily digital services (e.g., Google Workspace setup, accounting software solutions, training, etc.), the term "shipping" refers to the provisioning and activation of the contracted service.

2.1 Service Provisioning Timeframe:

• Initial Setup/Activation: Once a contract is signed and the initial payment is confirmed, the estimated time for the initial setup, activation, or commencement of the service will be provided in the specific Service Agreement or Statement of Work (SOW).

• Digital Access: Access to digital services (e.g., login credentials, access links) will typically be provided via email to the client's nominated contact person within [2] business days of the Service Commencement Date, as defined in the SOW.

• Delays: CloudPilot will not be liable for delays in provisioning caused by the client's failure to provide necessary access, information, or cooperation required for setup. We will communicate any foreseeable delays promptly.

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2.2 Service Fulfilment:
Services are fulfilled electronically and there are no physical goods to be shipped, unless otherwise explicitly stated in the specific SOW (e.g., physical training materials).
Proof of Delivery is the documented confirmation of the service's activation or the granting of access to the client.

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3. Cancellation Policy

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This section addresses the cancellation of service agreements, reservations, and subscriptions.

3.1 Fixed-Term Agreements/Subscriptions (CPA Section 14):

• Client's Right to Cancel: If you have a fixed-term contract (e.g., 12-month subscription), you may cancel the agreement before the end of the term by providing CloudPilot with 20 business days' written notice.

• Cancellation Penalty: Upon premature cancellation by the client, the client remains liable for amounts owed up to the date of cancellation. CloudPilot may charge a reasonable cancellation penalty (charge) with respect to goods supplied, services rendered, or a reasonable cancellation fee for the unexpired term. This penalty will not exceed a fair amount in the circumstances, taking into account:

1.  The duration of the agreement to date.

2. The nature of the goods or services.

3. The length of the required notice period.

4. The potential for CloudPilot to find a replacement client.

• Credit: We will credit the client with any amounts that remain the client's property (e.g., prepaid services not yet rendered).

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3.2 Advance Bookings/Reservations (CPA Section 17):

• For advance bookings or reservations (e.g., a scheduled training session), the client may cancel at any time, but CloudPilot may impose a reasonable cancellation fee based on the proximity of the cancellation to the service date.

• No Penalty Exception: No cancellation fee will be imposed if the client is unable to honour the booking due to the death or hospitalisation of the person for whom the service was reserved.

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3.3 Cancellation of Ongoing Month-to-Month Services:
For services provided on a rolling monthly basis with no fixed term, the client may cancel by providing CloudPilot with 30 days' written notice. No termination penalty will be charged, but the client will be liable for the full service fee for the notice period.

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4. Refund Policy

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CloudPilot is committed to ensuring our services are of high quality and suitable for their intended purpose. Our refund policy is governed by South African law, specifically the CPA and ECT Act.

4.1 Refunds for Service Failures (CPA Implied Warranty of Quality):

• If a service or solution provided by CloudPilot:

1. Is not reasonably suitable for the purpose for which it is generally intended.

2. Is of poor quality or contains a significant defect/failure.

3. Is not completed in a timely manner, or the service rendered is of poor quality.

• The client must notify CloudPilot of the failure/defect within 6 months of the service being rendered.

• CloudPilot will, at the client's election, either:

1. Rectify/Remedy the failure in the services provided; or

2. Refund a reasonable portion of the price paid for the services, depending on the extent of the failure.

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4.2 Refunds for Direct Marketing Transactions (ECT Act Cooling-Off Period):

• If a transaction resulted from direct marketing (e.g., a service agreement concluded telephonically or via email immediately following a direct solicitation):

1. The client has the right to cancel the transaction without reason or penalty by providing written notice to CloudPilot within 5 business days of the agreement being concluded.

2. If the client exercises this right, CloudPilot will refund all payments received from the client within 15 business days after receiving the cancellation notice.

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4.3 Non-Refundable Items/Circumstances:

• Service Consumption: No refunds will be provided for services that have been fully and correctly rendered or for the time component of a service already consumed (e.g., monthly subscription fees for a past month).

• Change of Mind: Refunds are not offered simply for a change of mind, unless the cooling-off period in Section 4.2 applies.

• Third-Party Costs: Costs incurred by CloudPilot for third-party licenses, software, or registrations on behalf of the client (e.g., Google Workspace licenses) are generally non-refundable once activated or procured, as these are subject to the third party's own refund policies.

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4.4 Refund Process:

1. Request: The client must submit a written refund request to the designated CloudPilot contact or to [Insert Dedicated Email Address for Support/Refunds], clearly stating the reason for the refund request and providing proof of payment.

2. Assessment: CloudPilot will assess the request for eligibility in terms of this Policy and South African law.

3. Resolution: If a refund is approved, the funds will be transferred back to the client via the original method of payment (or an agreed-upon alternative) within 10-15 business days of the refund approval. The client has the right to elect a monetary refund over store credit or a voucher.