Refund & Cancellation Policy

Aperim Pty Ltd (ABN 46150699737; ACN 150699737) is incorporated in New South Wales, Australia and operates the aicial brand. In this policy, “aicial” refers to that brand; “we”, “us” and “our” refer to Aperim Pty Ltd; and “you” refers to the customer that purchases a service from us under this policy.

This policy explains when and how refunds and cancellations apply to the services described in section 2. It applies alongside the Terms of Service and the order form or statement of work (“SOW”) for your service, which set out that service’s specific scope, fees and timing. If a specific term of your order form or SOW conflicts with this policy on refunds or cancellation, that specific term applies.

Nothing in this policy limits or excludes any consumer guarantee, right or remedy available to you under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified. Section 5 explains this in more detail.

We currently offer three services:

• the Social Performance Audit, a fixed-scope cross-platform social-media account audit;
• the Benchmark & Strategy Engagement, a fixed-scope benchmark study or channel-strategy engagement; and
• the Outcome-Proof Pack, a monthly performance-reporting retainer.

This policy refers to the Social Performance Audit and the Benchmark & Strategy Engagement together as “fixed-scope engagements” and treats them the same way, in section 3, because both are delivered as a single defined piece of work. It treats the Outcome-Proof Pack differently, in section 4, because it is an ongoing monthly retainer rather than a one-off engagement.

You may cancel a fixed-scope engagement for a full refund of any fees you have paid, provided you do so before the engagement starts. An engagement starts once we begin substantive work on your deliverable, for example research, data pulls, analysis or drafting. Signing an order form or SOW, or paying an invoice, does not, by itself, start the engagement.

Once an engagement has started, fees are earned in proportion to the work we have completed. If you cancel after that point, we refund the portion of your fees that relates to work not yet completed. The portion that relates to work already completed is not refundable.

The preceding paragraph does not limit your remedies where we have genuinely failed to deliver the agreed scope of an engagement, or where a deliverable genuinely falls short of the quality you were entitled to expect. In that case, we will, at our reasonable discretion, remedy the issue by revising the deliverable or provide a partial refund reflecting the shortfall. This is without prejudice to, and does not limit, your rights under the Australian Consumer Law described in section 5.

If we end a fixed-scope engagement, or you end it because of our uncured material breach or our insolvency under Terms of Service section 12, we refund the fees you have paid for work not yet completed.

You may cancel the Outcome-Proof Pack at any time by giving us at least 30 days’ written notice to billing@aicial.com. Cancellation takes effect at the end of the monthly billing period in progress when that notice period ends. Your subscription continues, and we continue to charge the monthly fee, until cancellation takes effect.

Fees you have already paid for a billing period are not refundable once we have delivered that period’s reporting, including the final period before cancellation takes effect. This does not limit your rights under the Australian Consumer Law described in section 5 for any genuine failure in the service we deliver.

You do not need to give 30 days’ notice to end the Outcome-Proof Pack because of our uncured material breach or our insolvency under Terms of Service section 12; cancellation takes effect as described in that section, and we refund fees you have paid for the current billing period on a pro-rata basis for the days remaining in it. If we end or suspend the Outcome-Proof Pack other than for your breach of these arrangements, the same pro-rata refund applies.

Nothing in this policy limits or excludes any consumer guarantee, right or remedy available to you under the Australian Consumer Law, set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth), that cannot lawfully be excluded, restricted or modified. For services, those guarantees include that we provide the service with due care and skill, that it is reasonably fit for any purpose you made known to us, and, where the time for supply is not fixed by your order form or SOW, that it is supplied within a reasonable time (sections 60 to 62).

Where the Australian Consumer Law applies to a service and we fail to meet a consumer guarantee, you are entitled to a remedy under the Australian Consumer Law regardless of anything else in this policy, including the refund and cancellation terms set out in sections 3 and 4.

To cancel a fixed-scope engagement or the Outcome-Proof Pack, or to request a refund under this policy, email billing@aicial.com. Please include the service name and your order form, SOW or invoice reference and, for the Outcome-Proof Pack, your requested cancellation date.

We aim to acknowledge your request and confirm any amount owed within 5 business days of receiving it. Where a refund is due under this policy, we aim to pay it to your original payment method within a further 10 business days.

Where you agree, we may provide a credit against a future invoice instead of a cash refund.

If you are not satisfied with our decision on a refund request, email legal@aicial.com. Contractual disputes are handled in accordance with the Terms of Service, including its ACICA arbitration clause seated in Sydney, New South Wales; nothing in this policy or that clause limits your non-excludable rights under the Australian Consumer Law.

We may update this policy to reflect changes to our services, pricing or business practices. The version and effective date shown at the top identify the current policy. We publish an updated policy on our website before it takes effect.

An update does not apply to a fixed-scope engagement that has already started, or to a billing period of the Outcome-Proof Pack that is already in progress, when the update takes effect. The policy in force when your engagement started, or your current billing period began, continues to apply to that engagement or period.

For questions about this policy, or to request a refund or cancellation, contact:

Aperim Pty Ltd, which operates the aicial brand
ABN 46150699737
ACN 150699737
New South Wales, Australia
Email: billing@aicial.com