Refund and Cancellation Policy

At ClearEstate, we prioritize transparency and fairness in all our interactions with customers. Our Refund Policy is designed to ensure clarity on the terms under which refunds may be issued for services provided under ClearEstate’s plans (the “Services”) may be issued, offering a straightforward process for customers seeking information on refunds. Below, you’ll find a detailed outline of eligibility, calculation methods, timelines, and important considerations related to refunds. If you have any questions or require further assistance, please reach out to our Customer Success team via the platform.

What is a Cancellation?

A Cancellation is the activity whereby an order submitted by a customer and received by ClearEstate is annulled before payment has been received; i.e. before the daily cut-off time at the acquirer, at which point all transactions of the previous day are processed. Cancellations do not require returning any funds to the customer because funds were not received by ClearEstate.

Planning plans cancelled before the start of the next annual term are not subject to the annual fee.

What is a Refund?

A Refund is the repayment of a sum of money (“Refunded Amount”) from the purchase price received from a customer. Instances can include refunds concerning inefficient service, the customer not being an accurate match, etc. and could result in the termination of a customer relationship or not. Sometimes an early cancellation of Services would be required, while other times the customers and ClearEstate agree that Services are continued despite funds having been refunded or price having been partially or fully waived.

Eligibility for Refunds

Customers’ requests for cancellation don't warrant a refund as per our terms of use. However, in certain cases, ClearEstate may approve a Refund. Refunds, if approved, are granted based on the work completed up to the date of termination, as outlined in this policy.

No Refunds will be granted for customers who have violated our terms of use, including any violation set forth in the following sections of the terms of use:

• 10(b): failure to pay; change in complexity of a file; a delay of 30 days or longer to provide ClearEstate the information requested; and file or account opened for more than 24 months.
  8 and 9: submission to the ClearEstate platform of material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable.

Fees associated with third-party services or disbursements and costs, such as filing fees, already incurred on behalf of the customers are non-refundable.

Types of Refunds

There are different types of Refunds which can be classified as follows:

• Partial Refund is a Refund that reimburses the customer less than the full amount of the price paid.
• Full Refund is a Refund that reimburses the customer for 100% of the purchase price paid.

Note: Disbursements and costs are excluded from any Refunds provided.

Refund Calculation

Refunds will be issued proportionally, based on the work completed on the customer’s file, including any specific Services already rendered and tasks in progress.

For example:

Any fees associated with third-party services or disbursements and costs, such as filing fees, already incurred on behalf of customers are non-refundable.Non-Negotiable Terms

1. Completed Services: Services that have been fully completed will not be eligible for a refund.
2. Partial Services: If warranted, Services that are in progress may be eligible for a partial refund, calculated based on the hours or portion of work completed.
3. No Services provided within 10 days of purchase: When a customer changes their mind about purchasing a ClearEstate plan within 10 days of the purchase, such customer should be refunded in full, without any holdbacks.

All Refunds are final and are not subject to negotiation. This ensures consistency and fairness across all customers.

Timeline for Refunds

Once a Refund is determined to be eligible, processing time may take up to 10-14 business days. You will receive a confirmation when the Refund has been processed, which you can use to follow up with your financial institution.

File Closing

If, upon the issuance of the Refund, a customer’s file is closed, Services will be terminated on the date indicated to you. Customers will have access to their online account for an additional 30 days (the “Deactivation Date”), depending on the reason for the Refund, to download any relevant documents.

From the Deactivation Date, your access to the ClearEstate platform will be terminated, and ClearEstate will retain records as required by applicable law.

Determination of Refunds

Refunds can be requested in three scenarios:

• When the customer changes their mind about purchasing a ClearEstate plan within 10 days of the purchase. In this case, a customer should be refunded in full, without any holdbacks.
• When a Settlement Professional Plan is purchased, but subsequently is not approved by our fiduciary partner, a customer can be refunded in accordance with the criteria in clause 10 of this Policy.
• When a need to pause/cancel a customer’s servicing process due to new factors in such a customer’s estate settlement journey (e.g., litigation starting on the file), a Refund can be initiated in accordance with the criteria in clause 10 of this Policy.
  

Criteria to grant Refunds

The Refunds’ approval process will depend on whether the Refund is a Partial Refund or a Full Refund.

Refunds will be granted following the criteria below:

If a Refund is granted, the portion of the Sales tax charged over the portion of the Refunded Amount should be refunded too, proportionately.

Settlement Professional Plans:

A full refund is available within 10 days of payment, even if the Intake meeting has already taken place.

For all Standard Settlement Plans:

We strive to ensure fairness in our approach. For settlement files, refund eligibility is assessed using a dual-factor model that takes into account:

• The progress stage of your file, and
• The number of calendar days since your file was opened

Refunds are calculated using the highest holdback percentage from either factor. This ensures the refund reflects both the level of work completed and the time your file has been open.

Refund Eligibility Based on Time Since File Opening

Refund Eligibility Based on File Stage

Each file progresses through distinct stages. Refunds may be limited depending on how far your file has advanced. The above is a sample guideline.

How the Dual-Factor Model Works

Your final refund amount is determined by whichever factor (stage or time) qualifies you for the lower refund. For example:

• If your file is in the stage where beneficiaries have been served and the petition is submitted to the court (eligible for 50%), but only 90 days have passed since opening (eligible for 75%), your refund would be 50%, as the stage takes precedence.
• If you're still in the build inventory steps (eligible for 75%) but 250 days have passed since opening (eligible for 15%), your refund would be 15%,as the time factor takes precedence.

IMPORTANT: Customers who have purchased a package that includes tax return preparation (such as T1, T3, Clearance Certificate, 1040, 1041 or other estate-related returns) but later choose not to proceed with filing any or all of the included returns will not be eligible for a refund for the unused tax return services.

Planning Plans: