Refund Policy

This Refund Policy (the “Policy”) governs the circumstances in which sums paid to Xylora Studios (“the Studio”) by a client (“the Client”) may be refunded in whole or in part. It applies to package reservations, bespoke commissions, deposits, milestone payments, balance payments and add-ons paid through xylorastudios.com or against any invoice issued by the Studio.

Capitalised terms used but not defined in this Policy bear the meanings ascribed to them in the Studio’s Terms of Service. In the event of any conflict between this Policy and a written Quote, statement of work or addendum, the more specific written document shall prevail in respect of the Commission to which it relates.

Deposits are non-refundable, save in the limited circumstances expressly set out in this Policy. A deposit constitutes consideration for the reservation of a production slot on the Studio’s calendar and for scoping, scheduling, administration, supplier planning and the opportunity cost of declining other engagements.

The percentage of the total fee payable as a deposit shall be disclosed on the relevant package page or Quote prior to checkout.

Subject to the further provisions of this Policy, the Studio shall consider a refund in the following circumstances: (a) the Client has been charged an amount in excess of that properly due and the overcharge is evident from the order record; (b) sums have been paid in respect of work which has not commenced and the Studio has agreed to release the corresponding production slot; (c) the Studio has terminated the Commission for reasons unrelated to any breach or conduct of the Client; (d) a Deliverable materially fails to conform to the agreed scope and the Studio is unable, by the exercise of reasonable endeavours, to remedy the non-conformity; or (e) a duplicate payment has been taken in respect of the same order.

Without prejudice to the Client’s non-waivable statutory rights, no refund shall be made where: (a) work has been completed, delivered and accepted, or deemed accepted in accordance with the Terms of Service; (b) the Client has changed its mind following the reservation of a production slot or commencement of production; (c) the request concerns work falling outside the agreed scope; (d) the Client has supplied late, inaccurate, incomplete or infringing materials which have affected the outcome; (e) the Client has approved a stage and subsequently requests its reversal without a fresh Quote; or (f) the matter complained of has resulted from the act, omission or decision of a third party outside the Studio’s reasonable control.

Where the Client cancels a Commission prior to the commencement of production, the Studio shall, acting reasonably, assess the deposit, time already booked, scoping work completed and any third-party commitments. The Studio may refund such proportion of the sums paid as fairly relates to work not yet commenced and commitments which the Studio is able to cancel without further cost.

Where the Client cancels a Commission after the commencement of production, the Client shall remain liable for the value of work completed, booked studio time, project management, third-party costs and any non-cancellable commitments. Where the amount paid exceeds those sums, the Studio shall, acting reasonably, refund the unused balance.

Each milestone payment shall become non-refundable upon commencement of the stage to which it relates, save where the Studio fails to deliver that stage and is unable, by the exercise of reasonable endeavours, to remedy that failure.

Milestones in respect of stages which have not yet commenced may be refunded in whole if the Commission is terminated prior to commencement of those stages.

Where a Deliverable is alleged not to conform to the agreed scope, the Client shall notify the Studio in writing within fourteen (14) days of delivery, identifying the alleged non-conformity with reasonable particularity. The Studio shall, in the first instance, exercise reasonable endeavours to remedy the non-conformity at no additional charge.

Any refund issued in respect of a non-conforming Deliverable shall be limited to the portion of the fee fairly attributable to the affected part of the work, and shall not extend to the entire Commission unless the whole Deliverable is rendered unusable as a result of the Studio’s breach.

Requests for revisions, changes in preference, new requirements or alterations to the brief shall be handled under the variation provisions of the Terms of Service and shall not constitute defects for the purposes of this Policy.

Sums paid in respect of optional add-ons shall be refundable only where the add-on has not commenced and no non-cancellable cost has been incurred in connection with it. Once an add-on has commenced, the refund provisions applicable to the principal Commission shall apply.

Rush fees, priority-queue fees, out-of-hours fees and sums paid to reserve specific production windows are non-refundable once the corresponding capacity has been blocked off the Studio’s calendar, on the ground that such payments materially affect the scheduling of the Studio and may require the Studio to decline or reschedule other engagements.

Sums paid by the Studio to third parties on the Client’s behalf — including domain registrations, font licences, marketplace assets, paid plugin licences, hosting prepayments, stock footage and talent fees — shall not be refundable once incurred, save where the relevant third party agrees to refund such sums to the Studio. The Studio shall disclose any such disbursement to the Client prior to its being incurred.

Where the Client contracts with the Studio as a consumer within the United Kingdom or the European Economic Area, the Client may, in accordance with applicable consumer-protection legislation, have a statutory right to cancel within fourteen (14) days of the conclusion of the contract.

By paying a deposit and requesting that the Studio commence performance prior to the expiry of that period, the Client expressly requests that performance begin during the cooling-off period and acknowledges that, upon full performance of the services, the right to cancel shall be lost. Where performance has been partially rendered at the point of cancellation, the Client shall remain liable for an amount proportionate to the work completed.

The Client is requested, in the interests of efficient dispute resolution, to raise any concern through the Studio’s support channel before initiating a chargeback through its card issuer. Where a chargeback is initiated, the Studio may suspend delivery, account approval, support and handover pending resolution of the dispute by the payment service provider.

The Studio reserves the right to submit project records, acceptance evidence, delivery evidence and correspondence to the payment service provider in support of its position. Where a chargeback is upheld in the Client’s favour after the Studio has already issued a refund covering the disputed amount, the Client shall refund the duplicate sum to the Studio. Where a chargeback is reversed in the Studio’s favour, the Studio may require pre-payment in full as a condition of any future engagement.

Refund requests shall be submitted through the Studio’s support channel and shall include: (a) the Client’s name; (b) the order reference, package name or Commission title; (c) the date and amount of payment; and (d) a concise statement of the basis on which a refund is sought. The Studio shall use reasonable endeavours to respond within two (2) working days of receipt and may request further information before reaching a decision.

Approved refunds shall be issued to the original payment method through the regulated payment service provider, ordinarily within five (5) to ten (10) working days of approval. Bank posting times vary by issuer. Refunds denominated in a currency other than pounds sterling shall be subject to exchange-rate movement between the date of the original charge and the date of refund; the Studio shall not be liable for any loss occasioned by such movement.

Where the outcome of a Commission falls short of the Client’s expectation but does not meet the threshold for a refund under this Policy, the Studio may, in its sole discretion, offer a studio credit redeemable against a future Commission within twelve (12) months. Studio credits shall be non-transferable, non-redeemable for cash, and subject to such further terms as the Studio may notify at the time of issue.

The Studio may amend this Policy from time to time. The terms applicable to any particular order shall be those in force at the date the relevant payment was accepted by the Studio, save as otherwise agreed in writing.