Clauses  ›  Refund policy

Refund policy.
The clause that defines when money goes back.

Without a refund policy clause, every dissatisfied client is a potential chargeback, small claims case, or extended negotiation. The clause defines the terms before the conversation happens.

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In plain English.

A refund policy clause specifies the conditions under which a client can request a refund, how much they're entitled to, and by what process. It distinguishes between deposits (typically non-refundable), completed work (non-refundable after acceptance), and situations where the provider fails to deliver (where a refund may be appropriate).

Plain English definition

A refund policy answers: when can the client ask for their money back? The answer depends on: what was paid (deposit vs. milestone vs. full project), whether work was done, who caused the problem, and what stage the project was at when the refund request arose.

When you need it

Any service that collects payment before full delivery. Which is most services. If you take a deposit, collect milestone payments, or accept any advance payment, you need a refund policy that defines what happens if the project ends before it's complete.

What happens without it

Without a refund policy, every refund request is a negotiation — and the client's leverage is the threat of a chargeback, negative review, or small claims filing. The absence of defined terms means the outcome is determined by who has more will to fight, not by what was agreed.

It's assumed to be bad for client relationships to mention.

Why missed

It implies expectation of dissatisfaction

Mentioning a refund policy before a project feels like admitting you might deliver poor work. In reality, it demonstrates professionalism — clear terms protect both parties and prevent the worst-case scenarios from escalating.

Why missed

"We'll deal with it if it comes up"

Refund negotiations feel manageable in the abstract. But when an unhappy client is threatening a chargeback and you have no written policy to point to, the power dynamic shifts entirely to their side.

Why missed

Confusion with cancellation and kill fees

Refunds and kill fees address different scenarios. A kill fee is what the client owes you when they cancel. A refund policy is what you owe the client when the project fails to deliver or they have a valid claim for money back. Both clauses are necessary.

The downstream consequences.

Chargeback exposure

A client who isn't happy disputes the charge with their credit card company. Without a written refund policy they agreed to, you have less documentation to fight the chargeback. Banks often side with cardholders by default.

Full deposit refund demanded after significant work

Client claims dissatisfaction, demands full deposit back. Without a clause stating the deposit compensates for reserved time and early-stage work, the argument for keeping it is purely moral — not contractual.

Refund demanded on accepted work

Client approved the work and used it, then months later claims it didn't perform as expected and demands a refund. Without a clause tying acceptance to finality, accepted-and-used work becomes refundable on dissatisfaction.

Refund claimed as leverage

Client threatens a refund demand to extract additional free work. Without a refund policy, this is an effective tactic. With one, the client knows exactly what the refund entitles them to — and it doesn't include ongoing free revisions.

Refund language that works against you.

These formulations appear in service contracts. Each one either creates unlimited refund exposure or provides so little clarity that disputes are inevitable.

Red flag

"100% satisfaction guaranteed or full refund"

Unlimited, subjective, and commercially dangerous for service work. If someone is never satisfied, you owe everything back. This guarantee may work for product-based businesses with clear acceptance criteria; it rarely makes sense for custom services.

Red flag

"Refunds at contractor's discretion"

No defined terms means no enforceable standard. If you refuse a refund, you have no contract language to point to. If you grant one, you've established precedent without a policy.

Red flag

"All sales final"

Too absolute. If you fail to deliver anything, "all sales final" is unlikely to hold up. Courts will award restitution for undelivered services regardless. This language also creates friction and distrust at signing.

Red flag

"Pro-rata refund at client request"

Client can request a pro-rata refund any time — effectively giving them a termination-for-convenience right with automatic partial reimbursement. This needs to be tied to specific circumstances, not open to request.

A refund policy that's fair and enforceable.

A fair refund policy distinguishes between the deposit (non-refundable because it compensates for reserved time), completed and accepted work (non-refundable after acceptance), and provider non-performance (where a partial or pro-rata refund may be appropriate). All three scenarios need to be addressed.

BizDraft generates refund policy clauses calibrated to your project structure, distinguishing between deposit, milestone, and full-project payment scenarios.

The pattern

  • Non-refundable deposit. "The deposit paid at signing is non-refundable. It compensates Contractor for reserving time, commencing pre-production work, and declining other engagements."
  • No refund on accepted deliverables. "Payments for deliverables that have been accepted — including deemed acceptance — are non-refundable."
  • Pro-rata refund for non-performance. "If Contractor fails to deliver a milestone within 30 days of the contracted delivery date and Client terminates accordingly, Client is entitled to a pro-rata refund of payments made for undelivered milestones."
  • Define the refund process. "Refund requests must be submitted in writing within 14 days of the event giving rise to the request. Refunds will be processed within 30 days of approval."
  • Tie refunds to return of deliverables. "Any refund is conditional on Client ceasing use of and returning (or destroying) any deliverables associated with the refunded payment."

Agreement types where refund policies matter most.

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Clauses that work alongside refund policy.

⚠ Legal disclaimer: Agreements generated by BizDraft are AI-produced for informational purposes only. They do not constitute legal advice and do not create an attorney-client relationship. For any agreement of significant legal or financial importance, consult a qualified attorney before signing.