Legal
Refund & Cancellation Policy
How cancellations are handled, what is refundable, what is not, and how to submit a request.
1. Purpose and scope
This policy explains how cancellation and refund requests are handled for services supplied by Atlas facility LLC, trading as ATLAS FACILITY. It forms part of our Terms of Service and applies together with the written proposal accepted for each engagement (the "Proposal").
Where a Proposal contains specific cancellation or payment terms for a particular engagement, those terms prevail over this policy for that engagement.
2. Nature of the services
ATLAS FACILITY supplies professional software development and digital solutions services. These are performed to order, according to a scope agreed in advance with each client. They are not physical goods and they are not standardised products sold from a catalogue, so there is no shipping, no return of goods and no automatic right of return.
Because each engagement is bespoke, cancellation is treated according to the stage the work has reached at the moment the cancellation request is received, and what is refundable depends on how much of the work has already been performed.
3. Before an engagement begins
Requesting a quotation is free of charge and creates no obligation. No contract exists, and no amount is payable, until you accept a Proposal in writing.
You may decline a Proposal, or simply not respond to it, at any point before acceptance. Nothing is owed and nothing is charged.
4. Payment structure
The payment terms of each engagement are stated in the Proposal and repeated on each invoice. They typically comprise an initial payment on confirmation of the engagement, followed by one or more payments against agreed milestones or on delivery.
The initial payment reserves capacity in our schedule and covers the analysis, planning and preparatory work carried out at the start of an engagement. Where an engagement is cancelled after work has begun, this payment is applied against the work already performed.
All amounts are quoted and invoiced in United States Dollars (USD) unless expressly agreed otherwise in writing.
5. Cancellation by the client
You may request cancellation of an engagement at any time by giving written notice to contact@atlasorbite.com. The request takes effect on the date we receive it, and we stop work on receipt.
The financial treatment then depends on the stage reached:
| Stage at which the request is received | Treatment |
|---|---|
| Proposal accepted, no work started and no third-party cost committed | Amounts already paid are refunded in full, less any payment processing fees that are non-recoverable by us and any third-party cost already committed at your request. |
| Work has begun and is in progress | Work performed up to the date of the request is chargeable, calculated against the milestones completed and the time reasonably spent. Third-party costs already committed remain payable. Any amount you have paid that exceeds this total is refunded to you. Any shortfall is invoiced. |
| Deliverables have been delivered or accepted | Amounts relating to delivered or accepted deliverables are not refundable, as the service has been performed. Work not yet started on remaining milestones is not charged. |
| Recurring maintenance or support arrangement | Cancellation takes effect at the end of the current billing period, subject to any notice period stated in the arrangement. The fee for the current period is not refunded pro rata, and no further period is charged. |
On cancellation we provide, at your request, a summary of the work performed up to that date and, where you have paid for it in full, hand over the corresponding completed deliverables in their current state.
6. Cancellation by ATLAS FACILITY
We may terminate an engagement where the client commits a material breach of the Agreement and does not remedy it within the period set out in our Terms of Service, where required information, content or access is not provided within a reasonable period despite reminders and delivery becomes impracticable, where an invoice remains unpaid after its due date and after written notice, or where continuing would breach applicable law or our own policies.
In that situation, work performed up to the date of termination and third-party costs already committed remain payable. Any amount you have paid that exceeds this total is refunded to you.
If we terminate an engagement for a reason attributable to us and not to the client, amounts paid for work not performed are refunded in full.
7. What is refundable and what is not
Generally refundable:
- amounts paid for work that has not been performed at the date the engagement ends;
- amounts paid in excess of the value of work performed and costs committed;
- amounts paid in error, or duplicate payments;
- amounts paid for an engagement we terminate for a reason attributable to us.
Generally not refundable:
- work already performed, whether or not it has been delivered;
- deliverables that have been delivered or accepted;
- third-party costs already committed or incurred on your behalf — hosting, domain names, licences, app store fees, external API usage — as these are not recoverable by us;
- time spent on analysis, planning, consultation or advisory work already provided;
- the fee for a maintenance or support period already in progress;
- amounts relating to a change of mind about a solution that conforms to the agreed specification.
We do not operate an unconditional money-back guarantee. What we do commit to is that you are charged only for work actually performed and for costs actually committed, and that anything beyond that is returned to you.
8. Deliverables that do not conform
If a deliverable does not conform to the specification agreed in the Proposal, the remedy is correction rather than refund. Report the non-conformity in writing within the review period stated in the Proposal, or within ten (10) business days of delivery if no period is stated, and we will correct it at no additional charge.
Where a non-conformity is material and we are unable to correct it within a reasonable period, you may cancel the affected part of the engagement, and amounts paid for that part are refunded.
Requests to change a deliverable that does conform to the agreed specification are treated as a change of scope and quoted separately, not as a defect.
9. How to submit a request
Send cancellation and refund requests in writing to contact@atlasorbite.com, including:
- the name of the client company;
- the project or proposal reference;
- the invoice number and date of any payment concerned;
- whether you are requesting cancellation, a refund, or both;
- a short explanation of the reason.
We acknowledge requests in writing and confirm the outcome, together with the calculation applied, in writing.
10. How approved refunds are paid
Approved refunds are issued to the original method of payment, in the original currency of the invoice. Where the original method is no longer available, we agree an alternative method with you in writing.
Refunds are processed within ten (10) business days of the refund being confirmed. The time taken for the funds to appear on your statement afterwards depends on your bank or card issuer and is outside our control.
Where a payment was made by card, any non-recoverable payment processing fee charged to us on the original transaction may be deducted from the refunded amount. Where this applies, it is stated in our written confirmation.
11. Payment disputes and chargebacks
If you believe an amount has been charged incorrectly, please contact us first at contact@atlasorbite.com. Most billing questions are resolved quickly once we can look at the invoice and the engagement records together.
Raising a chargeback with your bank or card issuer before contacting us slows the process for both sides, because the funds are then held by the card network while the dispute is investigated. We will always respond to a chargeback with the documentation of the engagement — the accepted proposal, the invoice, correspondence and the record of work performed.
Where a chargeback is raised in respect of work that has been performed in accordance with an accepted proposal, we reserve the right to contest it and to recover the amounts due, together with any related costs.
12. Changes to this policy
We may update this policy from time to time. The version in force at the date a Proposal is accepted applies to that engagement. The current version is always published on this page with its "last updated" date.
13. Contact
Atlas facility LLC (trading as ATLAS FACILITY)
30 N Gould St, Ste R
Sheridan, WY 82801
United States
Email: contact@atlasorbite.com
Phone: +1 814 953 6134
Note
This policy sets out our standard approach. It is not legal advice, and it does not limit any right that applies to you under mandatory law that cannot be excluded by agreement.