Excelohunt Refund Policy (B2B Services)

Effective Date: 5 March, 2025.

1. Scope and Applicability

This Refund Policy (“Policy”) applies to all business-to-business (B2B) email marketing services provided by Excelohunt (“Company”) to its clients (“Client”). It forms part of the service agreement and is a legally binding contract under Indian law, in accordance with Section 10 of the Indian Contract Act, 1872 (Section 10 – 23 - Law Wire). The Policy is presented in electronic form and is enforceable under the Information Technology Act, 2000 (Section 10A) which recognizes the validity of electronic contracts (Section 10A: Validity Of Contracts Formed Through Electronic Means | The Information Technology Act, 2000). Both Company and Client acknowledge that the services are commercial in nature; therefore, the Client is not a “consumer” as defined under the Consumer Protection Act, 2019 (transactions for commercial purpose are excluded from the definition of consumer (Commercial Purchases: Conundrum under Consumer Protection Laws | Dispute Resolution Blog)). This Policy is intended to comply with all applicable Indian laws and regulations, and to clearly outline the terms of refunds to avoid any ambiguity or dispute.

2. Eligibility for Refunds

Excelohunt provides specialized email marketing services which involve allocation of resources, time, and third-party tools from the moment a project is initiated. Fees paid are generally non-refundable once work has commenced. However, the Company may consider a refund or partial refund under the following exceptional circumstances:

Non-Performance by Company: If Excelohunt fails to deliver any material portion of the agreed services due to its own fault (and not due to Client delays or third-party issues), the Client may be eligible for a proportionate refund corresponding to the undelivered work. Such refund will be issued at Excelohunt’s discretion after an internal review of the project’s status.

Duplicate/Erroneous Payment: If the Client has been mistakenly charged twice or an incorrect amount, Excelohunt will rectify the error by refunding the duplicate or excess payment after verification.

Service Cancellation Before Commencement: If the Client cancels the order before Excelohunt has begun any work or incurred expenses, Excelohunt may refund the paid amount minus any nominal administrative or payment processing fees. (Once project work has started, cancellation will be handled as per Section 4 below.)

No refund will be granted for reasons such as lack of marketing results or expectations not met, as long as Excelohunt has provided the services as agreed. The Client understands that email marketing outcomes (e.g. lead generation, customer response) depend on many factors and Excelohunt does not guarantee specific results. The Indian Contract Act allows parties to define their performance obligations and remedies in the contract; here, the agreed remedy for non-performance is limited to refund as expressly stated, and no warranty beyond that is given.

3. Non-Refundable Circumstances

Certain situations are explicitly excluded from refunds to protect Excelohunt from unwarranted liability. The Client agrees that no refund or credit will be due (and chargebacks shall not be initiated) in the following cases:

3.1. Change of Scope or Requirements: If the Client requests changes or additions to the agreed scope of work (e.g. new campaigns, additional features) after the project has started, any payments for the original scope are non-refundable. Changes will be handled via change orders or new agreements, and fees already paid for work rendered under the initial scope remain earned. A Client-initiated scope change does not entitle the Client to void the contract or claim a refund for work already completed.

3.2. Client Delays or Breach: If the Client fails to provide required information, content, approvals, or otherwise causes project delays, Excelohunt will not be liable for any schedule overruns or resultant loss. In such cases, the Client is not entitled to a refund for delays they caused. Similarly, if the Client breaches the contract (e.g. misuse of the service, violation of terms), the Client forfeits any right to a refund. Excelohunt may, at its discretion, pause or reschedule the service to accommodate Client delays, but the Client remains responsible for any additional costs incurred due to the delay.

3.3. Partial Completion & Cancellation by Client: If the Client unilaterally cancels the service engagement after Excelohunt has commenced work, no full refund will be provided. Excelohunt may consider a partial refund only for the portion of work not yet performed, after deducting costs for work already completed, resources allocated, and a reasonable cancellation charge. If the project is near completion or a significant milestone has been delivered at the time of cancellation, the Client will not be entitled to any refund. (For example, if a campaign creation was finished and ready for launch, fees covering that work are non-refundable.)

3.4. Third-Party Failures and Force Majeure: Excelohunt relies on various third-party services (such as email servers, internet service providers, databases, etc.) to deliver its email marketing campaigns. The Company is not responsible for failures or downtime of such third-party systems that are beyond its control, and such issues shall not be valid grounds for a refund. No refund will be given in the event of disruptions caused by third-party outages, cyber-attacks, technical glitches, or other force majeure events (including but not limited to natural disasters, strikes, governmental actions, or network failures) that hinder service delivery . Excelohunt commits to making reasonable efforts to mitigate and resolve such issues, but the risk of third-party interruptions is accepted by the Client as part of using an online service.

3.5. Utilized Services: If the Client has already used the service (for example, an email campaign was executed and delivered to the intended recipients), the corresponding fees are non-refundable, irrespective of the outcome of that campaign. Once the service has been rendered as per the agreed specifications, it is considered “used” and no reversal of charges will occur.

3.6. Unfair or Fraudulent Claims: Any attempt by the Client to obtain a refund through misrepresentation of facts, false claims, or any form of fraud will be rejected. In such cases, Excelohunt reserves the right to terminate the contract and take legal action if necessary. The Client acknowledges that making false claims could constitute breach of contract and even fraud under applicable laws.

4. Chargebacks and Payment Disputes

Excelohunt’s services are provided on a contractual basis, and the Client agrees to abide by the dispute resolution mechanisms outlined in this Policy rather than resorting to payment reversals. Unwarranted chargebacks (disputes raised with the Client’s bank or credit card issuer without valid cause) are strictly prohibited. As per standard banking rules, merchants (service providers) are generally held liable for chargebacks and must bear the burden of proof to contest them (What is a Chargeback?). Therefore, to the maximum extent permitted by law, the Client must first contact Excelohunt to resolve any billing or service issues before initiating a chargeback. If a chargeback is raised in violation of this Policy or the underlying contract:

The Client shall be liable to reimburse Excelohunt for any resulting fees, penalties, or costs charged by payment processors or banks. This includes chargeback fees imposed on Excelohunt and the amount reversed from Excelohunt’s account due to the chargeback.

Excelohunt reserves the right to dispute the chargeback with the card issuer or relevant authority, providing evidence of the contract and service delivery. The terms of this Policy and the service agreement will be used as evidence of the Client’s acceptance of the charges.

If the chargeback is deemed invalid or fraudulent, this will be considered a material breach of contract by the Client. Excelohunt may pursue legal action to recover losses and may report the incident to appropriate authorities. All costs of such recovery shall be borne by the Client.

To avoid confusion, this Policy explicitly states that all costs and liabilities arising from an unjustified chargeback are to be paid by the Client. This clause is designed to protect the Company from bearing unfair financial burdens due to misuse of chargeback mechanisms. (For instance, if the Client initiates a chargeback after services were rendered in compliance with the contract, the Client must indemnify Excelohunt for the chargeback amount and associated fees.)

Excelohunt adheres to Reserve Bank of India (RBI) guidelines on online payments and chargebacks. As required by RBI, any refunds will be processed to the original payment method used by the Client (e.g. the same credit card or bank account from which payment was made) (

), unless otherwise agreed in writing by the Client. This is to prevent money laundering and comply with payment regulations. The Client should also be aware that Excelohunt does not store sensitive payment data like full credit card numbers, in line with RBI regulations and PCI-DSS standards, which further secures the transaction process.

5. International Transactions and Currency

Excelohunt serves clients globally, and this Policy applies uniformly to domestic (Indian) and international clients. All transactions with international clients are still governed by Indian law and the terms of this Policy: engaging Excelohunt’s services signifies the Client’s agreement that Indian law (as the governing law chosen by the parties) will apply, regardless of the Client’s country of residence or operation. Key provisions for international clients include:

Currency and Exchange Rates: Invoices are generally raised in either Indian Rupees (INR) or a mutually agreed stable currency (e.g., USD or EUR). If a payment by an international client involves currency conversion, any refund (if approved under this Policy) will be processed in the same currency as the original transaction. Excelohunt is not liable for exchange rate fluctuations between the time of payment and the time of refund. The amount refunded in the Client’s local currency may vary from the original amount paid due to these fluctuations or bank fees, and the Company will refund the exact amount it received in its account for the transaction, minus any applicable charges per this Policy.

Cross-Border Fees: Any intermediary bank fees, international wire fees, or currency conversion charges associated with the refund will be borne by the Client. Excelohunt will make the refund through the original payment route as required (e.g., reversing the credit card charge or via the same payment gateway) and cannot control fees deducted by banks or payment processors in the process.

Local Taxes and Duties: The Client is responsible for any taxes, duties, or charges imposed by their own country on the services or on any refund. Excelohunt’s responsibility with respect to taxes is limited to Indian taxes (see Section 6 on GST). For example, if an overseas Client’s country imposes a withholding tax on service fees, the Client must gross-up payments so that Excelohunt receives the full agreed amount. Excelohunt will provide necessary documentation for tax purposes (such as invoices, and in case of refund, a credit note or revised invoice as needed).

No Foreign Statutory Obligations: By transacting with Excelohunt, the international Client agrees that only Indian laws (and not any foreign consumer protection or refund laws) govern the refund and contract terms. This is to prevent conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to this service agreement, as it primarily concerns sale of goods. We emphasize arbitration in India (Section 9) as the forum for dispute resolution, rather than courts in the Client’s country, to ensure consistency in outcomes.

These measures are in place to minimize legal disputes across jurisdictions. By providing services internationally, Excelohunt does not intend to submit to any foreign jurisdiction’s laws beyond what is contractually agreed. The parties choose Indian law and venue for their mutual convenience and predictability.

6. Taxes and GST Compliance

All fees charged by Excelohunt for services rendered to clients in India are subject to Goods and Services Tax (GST) as per Indian law. If GST is applicable, it will be clearly indicated on the invoice. In case of any refund or adjustment:

Excelohunt will issue a GST Credit Note to the Client for the refunded amount (including the GST portion) in compliance with Section 34 of the Central GST Act, 2017 (Section 34: Credit And Debit Notes | The Central Goods and Services Tax Act, 2017). This credit note serves to adjust the tax liability on our end and provides the Client with documentation for their tax records. For example, if a ₹100,000 invoice (plus GST) is partially refunded by ₹20,000, a credit note of ₹20,000 plus corresponding GST will be issued, and Excelohunt will adjust its GST filings accordingly.

Refunds will be processed net of any non-recoverable taxes or charges. Normally, GST collected can be adjusted via the credit note mechanism with proper documentation, so the Client would receive the gross amount (fee + GST) in the refund if within permitted timelines. However, if for some reason a refund is initiated beyond the period allowed for GST adjustment (e.g., beyond the financial year or relevant return filing for that invoice), Excelohunt will make commercially reasonable efforts to refund the net amount and shall not be unjustly enriched by any tax component. The Client in such a case should consult their tax advisor on claiming input tax credits or adjustments on their side if applicable.

For international clients, typically GST is not charged if the service qualifies as an “export of service” (i.e., payment received in convertible foreign currency and other conditions met). Excelohunt either invoices such clients without GST (under LUT – Letter of Undertaking for zero-rated exports) or charges Integrated GST at 0%. Therefore, refunds to international clients usually won’t involve Indian GST. If any Indian taxes were charged (due to regulatory requirements), those will be handled similarly via credit note or adjustment so the Client is not paying tax for a service they ultimately did not receive.

Excelohunt’s refund process is designed to comply with all relevant tax and accounting regulations. All documentation (invoices, credit notes, etc.) will be maintained as required by law. The Client is expected to cooperate by providing any necessary information for tax compliance (for instance, GST registration details for Indian clients, or confirmation of export status for foreign clients).

7. Limitation of Liability

This Policy and the service agreement as a whole contain provisions to limit Excelohunt’s legal and financial liability, as is standard in B2B service contracts. The Client agrees to the following limitations on remedies and damages:

Sole Remedy for Service Issues: The exclusive remedy for the Client for any failure on Excelohunt’s part to deliver the service as agreed shall be either (a) the specific performance of the remaining service, or (b) a refund calculated in accordance with this Policy. In no event will the Client be entitled to seek or recover any damages or compensation beyond the fees actually paid to Excelohunt for the service in question.

No Indirect or Consequential Liability: To the maximum extent permitted under applicable law, Excelohunt shall not be liable for any indirect, special, incidental, or consequential damages arising out of or in connection with the services or this Policy. This includes, without limitation, any loss of prospective business, revenue, data, or profits, or any business interruption, even if Excelohunt is aware of the possibility of such damages. The parties expressly agree that Excelohunt will not be responsible for losses such as the Client’s reputational damage, loss of customers, or any penalties the Client incurs from third parties, resulting from any delay or failure in the email campaigns. These types of losses are too remote and are hereby contractually excluded

Liability Cap: In all cases, Excelohunt’s total aggregate liability for any claims, whether in contract, tort, or otherwise, shall not exceed the total amount of fees paid by the Client for the specific service or project that gave rise to the claim. For example, if the Client paid ₹50,000 for a campaign and raises a claim regarding that campaign, Excelohunt’s maximum liability is ₹50,000. This cap applies collectively to all claims and causes of action arising in a given project.

Third-Party Claims and Indemnity: If a third-party claim or cost arises due to the Client’s use of Excelohunt’s services (for instance, if the Client’s customer lodges a complaint due to an email campaign content that the Client provided), the Client will indemnify and hold Excelohunt harmless against such claims. Excelohunt’s liability in such cases towards the Client is nil, as the issue did not stem from Excelohunt’s breach.

No Warranty on Outcomes: Excelohunt provides its services on an “as is” basis, with all skills and care reasonably expected of a professional service provider. No express or implied guarantee or warranty is made regarding the effectiveness or outcome of email marketing efforts. Any implied warranties of merchantability, fitness for a particular purpose, or non-infringement are disclaimed to the extent permitted by law. The Client has entered into this contract with informed consent that results can vary, which aligns with the principle of free consent under the Contract Act (both parties understand and accept the terms freely).

By agreeing to this Policy, the Client acknowledges these limitations as a negotiated allocation of risk. Such limitations are typical and enforceable in commercial agreements and are crucial for Excelohunt to offer services at the agreed price.

8. Policy Enforcement and Anti-Misuse

To ensure this Refund Policy is not misused, Excelohunt has the following enforcement mechanisms and rights:

Verification of Claims: Upon receiving a refund request, Excelohunt reserves the right to investigate the claim’s validity. The Client must provide any reasonably requested information or evidence to support their refund request (for example, details of any alleged service failure). The Company will evaluate whether the request falls under the eligible criteria in Section 2. If the request is found to be baseless or fraudulent, Excelohunt will deny the refund and notify the Client of the reasons.

Prevention of Abuse: If Excelohunt detects a pattern of abusive refund requests or chargebacks by a Client (for instance, repeatedly attempting to claim refunds after using the service, or filing chargebacks without merit), Excelohunt may take actions including suspension of the Client’s account, termination of any ongoing contracts, and blacklisting the Client for future services. Such measures are necessary to protect Excelohunt’s business from losses due to fraud or abuse of the refund process.

Contractual Remedies: In addition to denying unwarranted refunds, Excelohunt can invoke other contractual remedies for breach. This may include accelerating any payments due, seeking injunctive relief to stop harmful behaviors (like disparaging the company to force a refund), or invoking the dispute resolution clause (arbitration) to resolve the issue formally. The Company’s explicit mention of arbitration (Section 9) as the route for dispute resolution means the Client should not bypass this by going directly to courts or payment intermediaries, except as allowed post-arbitration.

Documentation and Record-Keeping: Excelohunt will maintain records of all projects, communications, and deliverables which can be used to demonstrate compliance with the contract. This documentation will be important in enforcing the Policy – e.g., showing that services were delivered as per agreement, or that a client approved certain work, which can invalidate a refund claim. Under the Information Technology Act, electronic records and digital signatures are admissible and have legal validity, so email approvals, e-contracts, and digital receipts will all be used as evidence if needed.

Notice to Client: If Excelohunt determines that a refund claim is denied or only partially approved, it will inform the Client in writing (email sufficient) with an explanation. The Client then has the option to accept that decision or escalate the matter to dispute resolution (arbitration). Similarly, if Excelohunt is taking actions like termination due to misuse, a notice with reasons will be provided. This ensures transparency and gives the Client a chance to respond or cure any breach if possible.

These enforcement provisions aim to ensure that the refund process is fair and not exploited. They also assure genuine clients that Excelohunt takes every request seriously and evaluates it on facts, while protecting the company from financial harm due to dishonest practices.

9. Governing Law and Dispute Resolution

This Policy shall be governed by and construed in accordance with the laws of India, including the Indian Contract Act, 1872 and the Arbitration and Conciliation Act, 1996. The parties agree that any dispute, controversy, or claim arising out of or relating to this Policy or the services shall be resolved through binding arbitration as the primary and preferred method of dispute resolution.

Arbitration Procedure: In the event of a dispute, either party may refer the matter to arbitration by giving written notice to the other. The arbitration shall be conducted in accordance with the Arbitration & Conciliation Act, 1996 and any amendments thereto. The seat and venue of arbitration shall be Chandigarh, India, and the arbitration proceedings shall be conducted in English. The arbitration shall be carried out by a sole arbitrator, mutually appointed by the parties. If the parties cannot agree on an arbitrator within 30 days of one party’s request for arbitration, then an arbitrator shall be appointed in accordance with the rules of a reputable arbitration institution in India, or by the High Court of Punjab & Haryana (Chandigarh), as per the Act’s provisions. The arbitrator’s award shall be final and binding on both parties.

Arbitration Scope: The arbitrator shall have the power to award any remedy that a court in India could grant, including monetary damages (subject to the limitations set forth in this Policy), specific performance, or injunctive relief. However, the arbitrator cannot award any damages or remedies that conflict with the terms of this Policy, such as awarding indirect damages beyond the liability cap or declaring rights contrary to the agreed refund terms. This ensures that the arbitration outcome respects the contractually agreed limitations and conditions.

Interim Relief: Notwithstanding the arbitration clause, either party may approach the courts in Chandigarh for interim or injunctive relief (such as to prevent misuse of confidential information, or to maintain status quo pending arbitration) as allowed under Section 9 of the Arbitration Act. Seeking interim relief will not be deemed a waiver of the right to arbitrate.

Exclusive Jurisdiction: Subject to the arbitration clause, any residual matters that require court intervention (such as enforcement of the arbitral award or appeals permitted by law) shall be submitted to the exclusive jurisdiction of the competent courts in Chandigarh, India. The Client explicitly waives any objection to the Chandigarh courts’ jurisdiction, including any claims of inconvenient forum or that no nexus exists, given that Excelohunt is principally operating from Chandigarh.

Governing Law: The contract (including this Policy) is governed by Indian law. This choice of law is made to ensure a uniform interpretation of terms. Even if the Client is located outside India, the Client agrees that no foreign laws will apply to the interpretation or enforcement of this Policy. In case of arbitration involving an international client, the arbitration will be considered domestic if the Client has an office in India; otherwise it might be an international commercial arbitration, but in all cases Indian substantive law will govern the dispute.

Arbitration as Primary Mechanism: By entering into this Policy, the Client agrees that arbitration is the required first step for dispute resolution. The Client shall not initiate or pursue any lawsuit against Excelohunt in any jurisdiction other than as specified (Chandigarh courts after arbitration). This is intended to prevent forum shopping and multiple proceedings. The arbitration agreement in this Policy is considered separate from the main contract terms, so it can be enforced even if the rest of the contract is in dispute (doctrine of separability of arbitration clauses under Indian law).

Dispute Resolution Example: If a Client claims a refund that Excelohunt denies and the parties cannot resolve it amicably, the Client should initiate arbitration rather than filing a suit abroad. An arbitrator in Chandigarh would hear both sides, review evidence (contract, communications, this Policy’s terms, etc.), and render a decision. If the arbitrator rules in favor of the Client, Excelohunt will comply with the award (e.g. to pay a certain refund). If the arbitrator rules in favor of Excelohunt, that award can be enforced to prevent the Client from re-litigating the issue elsewhere. This process is faster and more efficient than court litigation and is in line with the parties’ agreement to handle disputes professionally.

10. General Provisions

Severability: If any provision of this Refund Policy is found to be illegal, invalid, or unenforceable under Indian law, that provision shall be severed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. The parties will endeavor to replace any invalid provision with a valid one that closest reflects the original intent.

No Waiver: Failure of either party to enforce any right or provision of this Policy shall not constitute a waiver of such right or provision. A waiver is effective only if in writing and signed by the waiving party.

Amendments: Excelohunt reserves the right to modify or update this Refund Policy from time to time to comply with new laws or to address new business scenarios. Any material changes will be communicated to Clients in advance and will apply only to transactions that occur after the effective date of the update. For ongoing projects, the Policy version in effect at the time of contract signing will govern, unless both parties agree in writing to adopt the updated Policy.

Relationship to Main Contract: This Refund Policy is incorporated by reference into the Master Service Agreement or Terms of Service between Excelohunt and the Client. In case of any conflict between this Policy and the main contract, the provisions of this Policy shall govern matters related to refunds, whereas the main contract governs all other aspects of the service relationship.

Acknowledgment: The Client confirms that it has read, understood, and agreed to this Policy. By making a payment or signing an agreement that references this Policy, the Client signifies its informed consent to all the terms herein. Both parties acknowledge that this Policy is the result of arm’s length negotiation and is intended to be fair and reasonable, balancing the interests of both the service provider and the client.

By engaging Excelohunt for email marketing services, the Client agrees to this Refund Policy in full. This Policy provides clarity on refund and liability issues, ensuring compliance with Indian statutes (Contract Act, IT Act, etc.) and protecting both parties’ rights. Excelohunt is committed to delivering quality service and will honor its obligations under this Policy in good faith.