ONYXDA — REFUND, PAYMENT & CANCELLATION POLICY
Effective Date: October 3, 2026
Website: https://onyxda.com
Entity: Onyxda ('Company', 'we', 'our', or 'us')
Registered Address: 8 Ivy Bridge Dr, Stoney Creek, ON L8E 4A4, Canada
Official Notices & Inquiries: directors@onyxda.com
1. Nature of Engagement (B2B Commercial Relationship)
Onyxda operates as an enterprise digital consultancy delivering custom software engineering, mobile application development, search engine optimization (SEO), pay-per-click (PPC) advertising management, blockchain architecture, and dedicated offshore/remote technical personnel. All agreements, service orders, statements of work (SOW), and project quotes are entered into strictly on a Business-to-Business (B2B) commercial basis. By remitting payment, executing an agreement, or commissioning work, the Client explicitly warrants that it is acquiring services solely for commercial, enterprise, professional, or business operational purposes and not as an everyday retail consumer.
2. Advance Payments & Project Retainers (Strictly Non-Refundable)
Strict Non-Refundable Principle: All advance deposits, setup fees, onboarding charges, milestone payments, and upfront project retainers are strictly 100% non-refundable under all circumstances.
Operational Resource Allocation: Upon receipt of an advance payment, Onyxda immediately commits operational labour, reserves dedicated engineering hours, configures staging cloud infrastructure, and restricts other potential client engagements. Advance payments represent liquidated operational commitments necessary to initialize and sustain work. Consequently, fees paid in advance are earned upon receipt and will not be refunded under any circumstances, including unilateral cancellation, project abandonment, client business changes, or delays caused by the Client.
Non-Transferability Across Projects: Advance payments and milestone deposits are strictly non-transferable. Funds remitted for a specific project, statement of work, or designated technical scope CANNOT be credited, transferred, rolled over, converted, or repurposed toward any other project, website domain, separate business entity, or future unrelated service engagement.
3. Subscriptions & Monthly Dedicated Retainers (Non-Refundable)
Recurring Billings: All recurring monthly service fees, ongoing marketing management retainers (SEO, PPC, Social Media), and dedicated developer or technical team retainers are billed in advance for each recurring billing period.
No Pro-Rata or Retroactive Refunds: All recurring retainer payments are non-refundable. Onyxda does not provide prorated, partial, or retrospective refunds for early cancellation, mid-month contract termination, unused developer hours, or reduced client activity during an active billing cycle.
Cancellation Notice Requirement: To terminate a recurring retainer and prevent billing for the subsequent cycle, the Client must deliver written notice via email exclusively to directors@onyxda.com at least fourteen (14) calendar days prior to the next scheduled billing date. Once a billing cycle has renewed or an invoice has been charged, the fee is final and non-refundable, and services shall continue through the conclusion of that paid cycle.
4. Third-Party Platform Disclaimers: Search Engine Optimization (SEO) & Google Rankings
Independent Third-Party Autonomy: Search engines (including Google, Microsoft Bing, Yahoo, and AI search engines) are autonomous third-party corporations. These platforms continuously modify ranking algorithms, search indexing standards, artificial intelligence overviews, and crawler guidelines without advance notice.
Zero Ranking Warranties: Onyxda employs industry-standard SEO methodologies, but explicitly DOES NOT guarantee specific keyword rankings, page-one placements, traffic numbers, featured snippets, or indexing status. Search algorithms remain outside the control of any agency.
Complete Liability Disclaimer for Ranking Drops: Onyxda shall bear ZERO responsibility or financial/legal liability for ranking drops, loss of search visibility, de-indexing, organic traffic declines, or algorithmic penalties resulting from third-party algorithm updates (e.g., Google Core Updates, Spam Updates, Helpful Content Updates), competitor initiatives, or pre-existing domain penalties. Third-party ranking fluctuations do not constitute a breach of contract, non-performance, or failure of consideration, and under no circumstances entitle the Client to a refund, compensation, fee withholding, or chargeback.
5. Third-Party Platform Disclaimers: Paid Advertising (Google Ads, Meta, TikTok)
Third-Party Platform Discretion: Advertising platforms (including Google Ads, Google Merchant Centre, Meta Ads, and TikTok Ads) enforce strict, unilaterally modified policies. Onyxda has no control over third-party automated moderation, policy reviews, suspension triggers, or account actions.
Ad Spend Separation: Ad platform ad spend is paid directly by the Client to the respective ad provider (e.g., Google LLC). Onyxda's service fees represent compensation for professional strategy, campaign creation, copywriting, creative assets, and account management only. Onyxda is not responsible for platform ad spend or billing disputes with ad networks.
No Liability for Suspensions or Fluctuations: Onyxda accepts no liability for third-party ad disapprovals, ad account suspensions, Google Merchant Centre account flags (e.g., 'Misrepresentation'), billing verification holds, or sudden changes in Cost-Per-Click (CPC) or Return on Ad Spend (ROAS). Onyxda management fees remain fully earned, valid, and non-refundable regardless of platform enforcement actions or third-party disruptions.
6. Multi-Jurisdictional Consumer Law Exemptions & Legal Defenses
Germany & European Union (BGB § 312g) / United Kingdom: If, by operation of mandatory statute, any engagement is classified as a consumer transaction subject to statutory cooling-off/withdrawal periods (including Widerrufsrecht under German Civil Code BGB § 312g or the UK Consumer Contracts Regulations 2013), the Client expressly requests and acknowledges that Onyxda's performance shall begin immediately upon payment. The Client expressly waives and forfeits any right to withdraw or seek a statutory refund once digital performance begins. Furthermore, custom software, tailored web development, bespoke code, and tailored marketing strategies constitute personalized goods and bespoke digital work expressly exempt from cooling-off rights under EU Directive 2011/83/EU Article 16(c).
United States & Canada: To the maximum extent permissible under applicable federal, state, and provincial laws, all digital engineering, marketing, and consulting services are delivered strictly 'as is' and 'as available' without implied warranties of merchantability or fitness for a particular purpose.
7. Limitation of Liability
To the fullest extent permitted by applicable law across Canada, the United States, the United Kingdom, and Germany:
Exclusion of Consequential Damages: Onyxda, its directors, officers, employees, and subcontractors shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including loss of profits, data corruption, loss of goodwill, business interruption, or downtime.
Strict Monetary Cap: In all circumstances, Onyxda's aggregate, cumulative liability arising out of or related to any agreement, performance, or claimed breach shall be strictly capped at the total amount actually paid by the Client to Onyxda for the specific service in dispute during the thirty (30) days immediately preceding the event giving rise to liability.
8. Governing Law & Exclusive Jurisdiction
This Policy and all client contracts shall be governed by, interpreted, and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law principles. Any legal suit, action, arbitration, or proceeding arising out of or relating to these terms shall be instituted exclusively in the competent courts located in the Province of Ontario, Canada. The Client irrevocably submits to the personal jurisdiction of such courts and waives any claim of inconvenient forum.
9. Official Dispute Notice Channel
All formal legal notices, termination requests, or dispute correspondence must be delivered in writing exclusively to directors@onyxda.com. Onyxda does not accept formal dispute notifications or cancellation requests via telephone, SMS, or informal instant messaging.