Refund & Cancellation Policy

Overview

ProAI supplies bespoke consulting and delivery services. Because every engagement is designed around a specific Client and scope, refund handling depends on when the request is made and how much work has already been performed. This Policy sets out the standard rules that apply unless a Proposal expressly agrees different terms.

Nothing in this Policy limits or excludes any right the Client may have as a “consumer” under the CPA. Where a term of this Policy would (but for this sentence) breach or be unenforceable under the CPA, it is read down to the minimum extent necessary to comply.

Statutory cooling-off period (CPA)

Where the engagement was concluded as a result of direct marketing or as an “electronic transaction” within the meaning of the CPA and the Electronic Communications and Transactions Act, 25 of 2002, and the Client qualifies as a “consumer”, the Client has the right to cancel the engagement without reason within 5 business days of concluding the transaction or receiving the Deliverable, whichever is later, and to receive a full refund of amounts paid.

This statutory right does not apply where an exclusion under section 44 of the ECT Act applies — for example, where the Client has expressly agreed that the Services will commence within the 5-day period and the Services have been fully performed, or where the Deliverable was made to the Client’s specification and cannot reasonably be returned. Business-to-business engagements are generally outside the scope of this statutory cooling-off period.

ProAI 7-day deposit sign-back

In addition to any statutory cooling-off right, ProAI offers a voluntary 7-day sign-back:

• If the Client cancels an engagement in writing within 7 calendar days of signing the Proposal, and
• ProAI has not yet commenced substantive work on the Deliverables,

then the deposit is fully refundable. “Substantive work” means work beyond the initial discovery call, kick-off email, and administrative setup — for example, drafting prompt architecture, building a working prototype, or configuring integrations.

Where substantive work has commenced within the 7-day period, the deposit is refundable on a pro-rata basis after deducting the value of work already performed at ProAI’s standard rates.

Cancellation after work has commenced

If the Client cancels an engagement after ProAI has commenced substantive work:

1. ProAI invoices for work completed up to the cancellation date on a pro-rata basis, taking account of any Deliverables partially completed.
2. If the amount already paid by the Client exceeds the value of work completed, the difference is refunded to the Client.
3. If the amount already paid is less than the value of work completed, the balance is invoiced to the Client and payable within 14 days.
4. Any Deliverables paid for in full are handed over to the Client under clause 8 of the Terms of Service.

ProAI will provide the Client with a written summary of work completed and the calculation used to determine the pro-rata amount, on request.

Cancellation of monthly retainers (Embedded Partner)

Embedded Partner monthly retainers may be cancelled by either party on 30 days’ written notice. The retainer for the notice period is payable in full. Any pre-paid retainer amounts covering the period after the notice period are refunded within 10 business days of the cancellation taking effect.

ProAI reserves the right to terminate an Embedded Partner retainer immediately, without refund of the current month, in the event of unpaid invoices more than 30 days overdue or a material breach of the Terms of Service that is not remedied within 14 days of written notice.

Non-refundable elements

The following costs are not refundable, regardless of when cancellation occurs:

• Third-party subscription and usage fees already paid by ProAI on behalf of the Client to a third party (for example, Anthropic or OpenAI API usage, WhatsApp Business messaging fees, Twilio call minutes, cloud hosting for months already consumed). Where reasonable, ProAI will assist the Client to transfer or terminate those third-party arrangements to prevent further charges.
• Time-limited work already delivered and accepted under clause 7 of the Terms of Service.
• Bank charges, EFT fees, or payment gateway fees incurred on the original payment or on the refund transaction, unless the CPA requires ProAI to bear those costs.

How to request a refund

To request a refund or notify a cancellation, send an email to gerrit@proai.co.za with:

• The Client’s name and Proposal reference (visible on the Proposal cover page and every invoice);
• The date the Proposal was signed;
• The reason for cancellation (optional, but helps us improve);
• The bank details for the refund (must match the original payer’s account for anti-fraud reasons).

ProAI will acknowledge the request within 2 business days and confirm the refund amount and calculation within a further 5 business days.

Refund timing and method

Approved refunds are paid within 10 business days of ProAI confirming the refund amount, by electronic funds transfer (EFT) to the same bank account from which payment was originally received. Where payment was made by card via a payment gateway, refunds are issued via the same gateway and may take an additional 3–5 business days to reflect in the Client’s card statement.

ProAI cannot refund to a bank account other than the account from which payment was received without additional verification to prevent fraud.

Disputes

If the Client and ProAI disagree on the amount of a refund or the calculation of work completed, the parties will attempt to resolve the disagreement in good faith by direct discussion in the first instance.

Where direct discussion fails, the dispute-resolution process in clause 17 of the Terms of Service applies (good-faith negotiation, then mediation through AFSA, then the Western Cape High Court).

Clients also have the right to lodge a complaint with the National Consumer Commission (NCC), the Consumer Goods and Services Ombud (CGSO), or the relevant provincial consumer-affairs office, without prejudice to their contractual rights.

Contact

Refund and cancellation queries:

• Email: gerrit@proai.co.za
• Postal address: PROAI (Pty) Ltd, 5 Richelieu Street, Coutrai, Paarl, Western Cape, 7646, South Africa
• Company registration: 2022/343301/07
• VAT number: 4100322660