Cancellation and Refund Policy

Last Updated: 08 June 2025

1. PREAMBLE AND SCOPE

This Cancellation and Refund Policy (“Policy”) governs the termination of services provided by Madras Marketing (“Agency,” “we,” “us”) to our client (“Client,” “you”). It details the procedures and financial implications associated with the cancellation of any Service Agreement or Scope of Work (SOW) entered into between the Agency and the Client.

This Policy is an integral part of our Master Services Agreement (MSA). By engaging our services, you acknowledge that you have read, understood, and agreed to the terms laid out herein. The purpose of this Policy is to prevent ambiguity and establish a clear, mutual understanding of the process should either party decide to terminate the service engagement.

2. DEFINITIONS

  • “Notice Period” refers to the specific duration of advance written notice required to terminate a service, as detailed in this Policy or the applicable SOW.
  • “Service Commencement Date” is the date on which the Agency is scheduled to begin work as specified in the SOW.
  • “Project-Based Services” are services with a defined scope and a fixed endpoint, such as website development or a specific branding package.
  • “Retainer Services” are ongoing services billed on a recurring basis (typically monthly), such as performance marketing, SEO, or social media management.
  • “Non-Refundable Fees” include, but are not limited to, setup fees, initial consultation and strategy fees, and third-party costs.
  • “Third-Party Costs” are expenses paid to external vendors on behalf of the Client, including advertising spend (e.g., Google Ads, Meta Ads), software licenses, stock photography, and other external resources.

3. CANCELLATION PROCEDURE

3.1. Client-Initiated Cancellation

To be effective, any request for cancellation of services must be submitted as a formal written notice to our official email address: info@madras.marketing. The notice must clearly state the Client’s intent to terminate the services and identify the specific SOW to be cancelled. The cancellation will take effect based on the terms outlined below.

A. Cancellation of Retainer Services: A minimum thirty (30) day written Notice Period is required for the cancellation of all Retainer Services. The Client will be invoiced for the full final 30-day period, and all services will continue to be rendered as usual during this time. For example, if notice is given on the 15th of a month, the services will continue and be billable until the 14th of the following month.

B. Cancellation of Project-Based Services: The Client may request to cancel a Project-Based Service at any time. However, the Client is liable for payment for all work completed up to the date of the cancellation notice. The amount due will be calculated based on the project milestones achieved or, if between milestones, on a pro-rata basis determined by the Agency’s internal project tracking and hours logged. A “kill fee” of [e.g., 20%] of the remaining project value may also be applicable, as specified in the SOW, to compensate for resources that were allocated and are unable to be reassigned at short notice.

3.2. Agency-Initiated Cancellation

The Agency reserves the right to suspend or cancel any SOW, with immediate effect, under the following circumstances:

  • The Client is in material breach of the Master Services Agreement and fails to remedy the breach within the specified cure period.
  • The Client fails to make timely payments for any invoiced fees.
  • The Client becomes insolvent, ceases its business operations, or files for bankruptcy.
  • The Client requests the Agency to perform tasks that are illegal, unethical, or contrary to the terms of service of any third-party platform (e.g., Google, Meta).
  • A breakdown in the professional relationship or a lack of cooperation from the Client fundamentally obstructs the Agency’s ability to perform its duties.

4. REFUND POLICY

Our fees are based on the provision of specialized skills, expertise, resources, and the time allocated to your services. Our pricing is not based on the achievement of specific results, which can be influenced by numerous external factors. Therefore, our policy is as follows:

4.1. General Principle: Services are Non-Refundable All fees paid to the Agency for services rendered are final and non-refundable. Once a service period or project milestone has commenced, the corresponding fees are earned by the Agency and will not be reimbursed. This includes all fees for Retainer Services and Project-Based Services.

4.2. Specifically Non-Refundable Fees The following fees are strictly non-refundable under any circumstances:

  • Setup and Onboarding Fees: These fees cover the initial cost of account creation, strategic planning, market research, and resource allocation, all of which are performed prior to the full launch of services.
  • Third-Party Costs: The Agency is not able to refund any Third-Party Costs. The Client is solely responsible for these payments. Any refund of unused advertising spend must be sought directly from the respective platform (e.g., Google, Meta), and is subject entirely to their policies. The Agency will provide reasonable assistance in this process, but cannot guarantee any outcome.

4.3. No Refunds for Delivered Work No refunds will be issued for any work, milestone, or deliverable that has been completed and/or delivered to the Client. If the Client approves a deliverable but later decides not to use it, the associated fees remain due and non-refundable.

4.4. Discretionary Refunds In the rare event of a service cancellation initiated by the Agency for reasons not related to a Client’s breach, the Agency may, at its sole discretion, issue a prorated refund for any pre-paid fees corresponding to the portion of the service that was not rendered. The determination of any such refund is at the complete discretion of the Agency.

5. EFFECT OF CANCELLATION

Upon the effective date of cancellation:

  • The Agency will cease all work related to the specified SOW.
  • A final invoice will be issued for all outstanding fees, including charges for the Notice Period and any applicable kill fees.
  • Upon receipt of full and final payment, the Agency will transfer any Client-owned assets and data (as defined in the MSA) to the Client.
  • The Client’s access to all Agency-owned or licensed software, reporting dashboards, and proprietary platforms will be immediately revoked.
  • Each party remains bound by the surviving clauses of the Master Services Agreement, including but not limited to Confidentiality, Intellectual Property, and Limitation of Liability.

This Policy is subject to change at the Agency’s discretion. The version of this Policy in effect at the time of the execution of an SOW will be the one that governs its cancellation.

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