Refund Policy

Anker Studios - Refund Policy

At Anker Studios, we are committed to providing high-quality app development services and ensuring client satisfaction. This Refund Policy outlines the circumstances under which Anker Studios may issue refunds for its services and products.

This policy should be read in conjunction with our Pricing Structure and Terms & Conditions.

1. Custom App Development Services

Our approach to refunds for custom app development projects (including Fixed Price, Time & Materials, and Retainer agreements) is as follows:

1.1. Upfront Deposits

Upfront deposits for custom app development projects secure your project slot in our schedule and cover initial project setup costs.

If a client cancels a project before any substantive development work has commenced, the upfront deposit is refundable, less any specific administrative fees or third-party costs already incurred by Anker Studios in direct relation to the project's initiation (e.g., specific software licenses purchased exclusively for the project).

Once substantive development work has commenced on the project, the upfront deposit is generally non-refundable.

1.2. Payments for Work Completed

For projects billed on a Time & Materials basis, payments are made for hours already worked and are generally non-refundable.

For Fixed Price projects with milestone payments, payments for milestones that have been completed and approved by the client are generally non-refundable.

1.3. Client-Initiated Project Cancellation

If a client chooses to cancel a project after work has commenced and payments beyond the initial deposit have been made:

• Anker Studios utilizes project tracking to maintain a high-level overview of project completion percentage, which will be shared with the client.
• If the project was paid in full upfront, a refund will be calculated based on the percentage of the project not yet completed at the time of cancellation.
• If the project is paid in milestones, any payments made for milestones not yet commenced may be refundable.

In all cases of client-initiated cancellation after work has started, the calculated refund amount will be less the initial non-refundable deposit (as per section 1.1) and any non-recoverable third-party costs already incurred by Anker Studios specifically for the project (e.g., software licenses, specific assets purchased that cannot be repurposed).

Anker Studios will provide a clear statement detailing the completed work percentage, any non-recoverable costs, and the final refund amount, if applicable.

1.4. Anker Studios-Initiated Project Cancellation

There are two main scenarios under which Anker Studios might initiate project cancellation:

1.4.1. Cancellation Due to Anker Studios' Internal Reasons:

In the unlikely event that Anker Studios finds it necessary to cancel a project before completion due to unforeseen circumstances on our part (such as internal resource constraints or strategic changes not related to client actions):

• We will provide a full refund for all payments made by the client for work that has not yet been completed and delivered.
• Additionally, the upfront deposit (as detailed in section 1.1) will also be fully refunded to the client.
• We will communicate the reasons for such a cancellation to you transparently and promptly. We will also endeavor to ensure a smooth handover of any completed work-in-progress that might be of use to you, where feasible, aiming to minimize any disruption.

1.4.2. Cancellation Due to Client's Insistence on Unethical, Illegal, or Misaligned Scope:

Anker Studios reserves the right to immediately terminate a project if the client insists on incorporating functionalities, content, or design elements that:

• Are illegal under South African or applicable international law.
• Are, in Anker Studios' reasonable discretion, unethical, discriminatory, defamatory, or promote harmful activities.
• Significantly deviate from the agreed-upon project scope in a manner that fundamentally misaligns with Anker Studios' values or expertise, and such misalignment cannot be resolved through reasonable discussion.

In such instances of cancellation initiated by Anker Studios due to the client's actions or demands as described above:

• The upfront deposit (as per section 1.1) will be non-refundable.
• Any payments made for work already completed and milestones achieved will be non-refundable.
• Anker Studios may, at its sole discretion, consider a partial refund for payments made towards work not yet commenced, less any non-recoverable third-party costs incurred by Anker Studios.
• Anker Studios will provide a clear explanation for the termination.

1.5. Service Dissatisfaction or Defects

Anker Studios is committed to delivering custom applications and services that meet the agreed-upon specifications and quality standards outlined in your project proposal or service agreement.

Notification of Defects: If you believe that a delivered custom application (or a completed project milestone) does not conform to the agreed-upon specifications, or if you identify defects in its functionality, you must notify Anker Studios in writing within 30 calendar days of the delivery or milestone completion date. Your notification should include specific details of the non-conformity or defect(s). Failure to notify us within this period may affect your eligibility for remedies under this section.

Opportunity to Cure: Upon receiving timely notification, Anker Studios will first undertake a thorough review of the reported issues. If the issues are confirmed to be defects or deviations from the agreed scope of work on Anker Studios' part, we will, at our own expense, make commercially reasonable efforts to rectify such defects or deviations within a reasonable timeframe (the "Cure Period"). The duration of this Cure Period will be communicated to you and will depend on the nature and complexity of the issues. We expect your cooperation in providing necessary information and access to facilitate these corrections.

Refund Consideration:

If, after Anker Studios has made reasonable efforts during the Cure Period to rectify the reported and confirmed defects or deviations, the application or service still fails to substantially meet the core, material specifications agreed upon in the project scope, you may be entitled to a remedy.

Remedies will be considered on a case-by-case basis and may include, at Anker Studios' discretion and depending on the severity and impact of the unresolved issues:

• A further mutually agreed-upon period to cure the defects.
• A partial refund proportionate to the impact of the unresolved defects on the overall functionality of the specific deliverable.
• In rare cases of fundamental non-performance of a critical, agreed-upon feature that cannot be rectified and which renders the deliverable substantially unfit for its intended purpose as defined in the scope, a full refund for the specific portion of the project related to that feature or milestone may be considered.

Exclusions: This provision for addressing dissatisfaction or defects does not cover:

• Issues arising from changes in client preference, or requests for features or functionalities not included in the originally agreed-upon and signed-off project scope. New features or significant changes will be treated as scope changes and may be quoted separately.
• Defects caused by misuse, alteration, or improper operation of the application by the client or third parties not authorized by Anker Studios.
• Issues arising from the client's hosting environment, third-party software, APIs, or services not supplied or managed by Anker Studios, unless compatibility and performance with such were explicitly guaranteed within the project scope.
• Minor, non-material deviations that do not significantly impact the core functionality, usability, or the intended purpose of the application as defined in the project scope.

Consumer Protection Act (CPA): Our commitment to quality and addressing defects is in line with the Consumer Protection Act (CPA) of South Africa, which provides consumers with an implied warranty of quality for services rendered and goods supplied. This policy is intended to uphold those rights by providing a clear process for addressing concerns.

2. Niche Apps (Directly Sold/Subscribed by Anker Studios)

For niche applications developed by Anker Studios and sold directly to users (e.g., via our website or third-party platforms where we control the sale):

2.1. Subscription-Based Apps

Subscription fees for our niche apps are typically billed in advance on a recurring basis (e.g., monthly or annually).

Cancellation: You may cancel your subscription at any time through your account settings or by contacting us. Your cancellation will take effect at the end of your current paid billing period, and you will retain access to the subscribed features until that date.

Refunds:

• Generally, subscription fees are non-refundable for the current billing period once charged. We do not provide refunds or credits for any partial subscription periods or unused features if you cancel mid-period.
• Service Non-Performance: If a subscribed app consistently fails to perform its core advertised functions due to verifiable issues on Anker Studios' part, and we are unable to resolve these issues within a reasonable timeframe after you have reported them to us, we may, at our sole discretion, offer a pro-rata refund for the affected subscription period or a credit towards future services.
• Cooling-Off Period for New Subscriptions: For new subscriptions initiated directly through Anker Studios (not via third-party app stores), you may have a right to cancel and request a full refund within seven (7) calendar days of your initial subscription payment, in accordance with the Electronic Communications and Transactions Act (ECTA), provided you have not made significant use of the subscribed service. Please contact us to request such a cancellation.

App Store Purchases: If you subscribed to our app through a third-party platform (e.g., Apple App Store, Google Play Store), your subscription and any refund requests are subject to the terms and conditions and refund policies of that platform. Please contact the respective app store directly to inquire about refunds.

2.2. One-Time Purchase Apps

Refunds for Defective Apps:

• If you purchase an app as a one-time payment directly from Anker Studios and it fails to perform its core advertised functions due to verifiable defects on our part, you may request a refund within fourteen (14) calendar days of your purchase date. Please report the specific issues to us as per Section 4.
• We will first attempt to rectify any confirmed defects within a reasonable timeframe. If we are unable to resolve the critical issues that prevent the app from performing its core advertised functions, a full refund may be issued.

Cooling-Off Period (ECTA): For one-time purchase apps sold directly by Anker Studios (not via third-party app stores), you have the right to cancel your purchase and request a full refund within seven (7) calendar days of the purchase, in accordance with the Electronic Communications and Transactions Act (ECTA), provided you have not downloaded, installed, or made significant use of the app.

Exclusions: Refunds will generally not be granted for one-time purchase apps in the following circumstances:

• Requests made after the 14-day period for defective apps or the 7-day cooling-off period.
• If the app performs its core advertised functions, but you have changed your mind.
• If the app is incompatible with your device or operating system, where the system requirements were clearly stated prior to purchase.
• Issues caused by user error, misuse, or conflicts with other third-party software on your device not specified as a requirement.

App Store Purchases: If you purchased our app as a one-time payment through a third-party platform (e.g., Apple App Store, Google Play Store), your purchase and any refund requests are subject to the terms and conditions and refund policies of that platform. Please contact the respective app store directly to inquire about refunds.

2.3. Apps with Credit Systems / Pay-As-You-Go

General Policy: Credits or tokens purchased for use within our niche apps (e.g., for specific features or content access) are generally non-refundable once the purchase is complete and the credits have been successfully allocated to your account.

Expiry of Credits: Any applicable expiry dates or conditions for unused credits will be clearly communicated to you at the time of purchase or within the app's terms of use. It is your responsibility to be aware of and use credits before any stated expiry.

Non-Functioning App Preventing Credit Use: If an app purchased directly from Anker Studios has a verifiable defect that prevents you from using your purchased credits, and we are unable to resolve this defect within a reasonable timeframe after you have reported it, we may, at our discretion, consider a refund for the unused portion of the affected credits. This does not apply if the inability to use credits is due to user error, device incompatibility (where requirements were stated), or issues outside of Anker Studios' direct control.

Cooling-Off Period (ECTA): For credits purchased directly from Anker Studios (not via third-party app stores), you may have a right to cancel the purchase and request a full refund within seven (7) calendar days of your purchase, in accordance with the Electronic Communications and Transactions Act (ECTA), provided none of the purchased credits have been used.

App Store In-App Purchases: If you purchased credits as an in-app purchase through a third-party platform (e.g., Apple App Store, Google Play Store), your purchase and any refund requests are subject to the terms and conditions and refund policies of that platform. Please contact the respective app store directly.

2.4. Apps Offered with Optional Donations

Voluntary Contributions: Donations made to support the development and maintenance of our apps are entirely voluntary and are deeply appreciated.

Non-Refundable: As donations are voluntary contributions and not a payment for goods or services, they are generally non-refundable.

Exceptional Circumstances: In very rare and exceptional circumstances, such as a demonstrable error in the donation process (e.g., an accidental duplicate transaction processed by the payment system), Anker Studios may, at its sole discretion, consider a refund. Please contact us immediately if you believe such an error has occurred.

3. Equity-Based Projects / Partnerships

Refunds or the unwinding of contributions in equity-based partnerships are complex and will be governed by the specific terms outlined in the signed partnership agreement or shareholders' agreement for that venture. This general Refund Policy does not primarily apply to such arrangements.

4. How to Request a Refund

To request a refund, please follow these steps:

Contact Anker Studios in writing, providing the following information:

• Your full name and contact details.
• Project name or App name.
• Date of purchase/payment.
• Amount paid.
• A clear explanation of the reason for your refund request.
• Any supporting documentation (e.g., screenshots, error messages, correspondence).

Send your request to ankerstudiosza@gmail.com or via our website contact form at www.ankerstudios.co.za/contact (if available).

We will acknowledge receipt of your request within 2-3 business days.

5. Processing of Refunds

Once a refund request is received, we will review it based on the terms outlined in this policy and any specific agreements related to your project or purchase.

We aim to process all refund requests and communicate our decision within 10-15 business days of receiving all necessary information.

Approved refunds will be processed back to the original method of payment, where feasible. If not, alternative arrangements will be discussed.

Please note that processing times by banks or payment gateways are outside of Anker Studios' control.

6. Policy Changes

Anker Studios reserves the right to modify this Refund Policy at any time. Any changes will be effective immediately upon posting the updated policy on our website. Your continued use of our services or products after any such changes constitutes your acceptance of the new Refund Policy.

7. Contact Information

If you have any questions about our Refund Policy, please contact us at:

Anker Studios
Website: www.ankerstudios.co.za
Email: ankerstudiosza@gmail.com