Cancellation and Refund Policy
What this document is about
This document says how a Segmentic subscription is cancelled, from when a cancellation takes effect, and in which cases money is returned and in which it is not.
This is the English rendering. The Persian version is the authoritative one and governs if the two are ever read differently.
Accounts on this system are created by invitation and there is no self-service sign-up, so behind every subscription there is a signed contract or order. Where that contract says something different from this document, the contract prevails and this document states the default.
The customer acquires the service in the course of its own trade or professional business and is not a consumer within the meaning of article 2 of the Electronic Commerce Act. On that basis this document does not grant the seven working day right of withdrawal under article 37 of the same Act. That chapter is written for consumer transactions, and our reading that it does not reach a relationship between two businesses is our reading of the law rather than something the courts have settled.
Article 1How to cancel
A cancellation request must be in writing: a ticket in the panel, or a letter to info@segmentic.net. A phone call or a message in a working group is not a request to cancel an account.
There are two reasons. First, the date the request is recorded is what the calculation runs from and it has to be provable. Second, cancelling a subscription stops the customer's scheduled sends and running journeys, and a decision like that should come from the person named in the contract as the point of contact or as an authorised signatory.
--- Note: closing one person's user account in the panel is not cancelling the subscription. One user's access and the organisation's subscription are two separate things.
Article 2When a cancellation takes effect
At the end of the current period. The service runs until the last day we have been paid for and is then switched off. Cancelling does not cut the service off at that moment.
The reason is plain: the current period has been paid for, and cutting it off immediately means the customer loses what they bought. If the customer wants an immediate stop even so, we do it on an explicit request, and still nothing is returned for the remainder of the period.
After the switch-off the customer has 30 days to take their data out, and after 30 days the data is deleted under the Data Retention and Deletion Policy. The data stays inside Iran until the moment it is deleted, and cancelling the subscription does not change that.
Article 3An unfinished period is served, not refunded
A period cancelled part-way through is delivered to its end and is not returned in cash.
This rule has a cost reason rather than a punitive one: processing capacity, storage and infrastructure commitments are procured and paid for the whole period in advance, and cancelling mid-period does not release them.
Consumption charges, meaning SMS and push and any other item counted by quantity, are calculated and claimed separately up to the moment of switch-off, even where the subscription period was paid in advance. Unused SMS credit is likewise not settled in cash.
Article 4An annual commitment paid in advance
The annual price is not the monthly price times twelve. Its discount is given in exchange for a one-year commitment, and it is that commitment which brought the price down.
So cancelling mid-year does not return the annual amount. The customer may use the service until the end of that year, and the subscription is not renewed at the end of the period.
--- Note: converting an annual commitment to a monthly one mid-period is possible, but the difference between the annual and the monthly price for the months already used is settled first. Otherwise the commitment discount has been taken without the commitment.
Article 5When we terminate
Two cases, with entirely different outcomes:
- **Termination by our decision.** If we stop providing the service, or
terminate the contract without fault on the customer's part, the unused share of any amount paid in advance is calculated pro rata by day and returned in cash.
- **Termination for the customer's breach.** A breach of the Messaging Policy,
an overdue debt, or unlawful use of the system. In this case nothing is returned and open invoices fall due.
--- Note: temporarily suspending a sending channel or stopping a campaign for a breach of the Messaging Policy is not termination of the contract, and neither a refund nor a service credit attaches to it.
Article 6A service level breach and how it relates to service credit
If availability falls below the figure stated in the Service Level Commitment, the remedy takes the form of a service credit.
A service credit is not cash. It is applied as an extension of the subscription period or as a deduction from the next invoice, it is not transferable to anyone else, and it is not settled in cash. Unused credit expires at the end of the contract and does not convert into a refund.
The service credit is the sole remedy for outages and slowness. That is, no separate cash refund is claimed for the same outage.
The bands, the credit ceiling, the availability formula, the exclusions and the deadline for submitting a claim are all written in the Service Level Commitment and that document governs. We do not repeat the figure here, so that two documents cannot come to disagree. The claim deadline is a central condition of that document too: letting it pass counts as waiving the claim.
--- Note: where a service level breach is continuing, the customer's remedy goes beyond a service credit and they may terminate the contract. That termination ranks as a termination by our decision, so the unused share is returned in cash. The conditions are written in the Service Level Commitment.
Article 7How and when a refund is paid
Any refund due under this document goes through this route:
- A written request, with the relevant contract number and invoice number.
- Payment only to an account in the name of the contracting party itself, by
IBAN. Nothing is paid to a third party or to an employee's personal card.
- Within fifteen working days of the request being approved. Bank settlement
time is added to that and is outside our control.
Fifteen working days is our own rule rather than a statutory deadline. The condition on the account holder's name is deliberately strict as well: money must go back to the same party that paid it, or the tax trail of the transaction breaks and it later becomes unclear who received what.
Article 8Changes to this document
Changes to this document are announced at least 60 days before they take effect. A change has no effect on a period already paid for and applies from the next period.
Contact
Questions about this document, and refund requests: support@segmentic.net
Kargostaran Nasl Javan Bakhtar https://segmentic.net