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This Refund Policy sets out the terms governing refunds, service commencement, earned value, dispute resolution, liability limits, and related financial and contractual matters for services provided by Nexfiore Tutoring Services Inc.
For the purposes of this Refund Policy, the following terms shall have the meanings set forth below. These definitions are intended to ensure clarity, consistency, and enforceability in the interpretation of all provisions contained herein and shall be binding upon all parties engaging with the Services.
“Service Provider” shall mean Nexfiore Tutoring Services Inc., a federally incorporated entity under the laws of Canada, including, without limitation, its directors, officers, shareholders, employees, agents, representatives, subsidiaries, affiliates, successors, assigns, and any duly authorized independent contractors acting on its behalf. Nexfiore Services retains full authority and discretion in the administration, delivery, modification, and enforcement of all Services and related policies.
“Client” refers to any individual, parent, legal guardian, organization, or other legal entity that purchases, subscribes to, registers for, or otherwise engages with the Services provided by the Service Provider. Where the Services are procured on behalf of a minor, the parent or legal guardian shall be deemed the Client and shall assume full legal and financial responsibility under this Agreement.
“Services” shall mean the full range of educational, academic, and professional support offerings provided by the Service Provider. These Services include, without limitation:
The scope, format, delivery method, and structure of the Services may be determined and adjusted by Nexfiore Services in accordance with the specific requirements of the Service Order.
“Service Commencement” shall mean the point at which Services are deemed officially initiated, activated, and in progress for all contractual, operational, and financial purposes, including but not limited to service tracking and refund eligibility assessment under this Agreement.
Service Commencement shall be deemed to occur at the earliest occurrence of any one (1) of the following events:
For greater certainty, Service Commencement shall be deemed effective regardless of whether the Client actively participates, responds, or engages following such initiation. Once Service Commencement has occurred, Services shall be considered in progress for all purposes under this Agreement.
“Service Order” shall refer to any binding agreement, electronic invoice, registration form, subscription confirmation, or purchase order that outlines the scope of Services, applicable fees, deliverables, timelines, and other relevant service parameters agreed upon between Nexfiore Services and the Client. A Service Order shall constitute a legally enforceable instruction to commence Services upon acceptance and/or payment confirmation.
“Deliverables” shall refer to all tangible and intangible work products created, developed, or provided by Nexfiore Services in connection with the Services. This includes, without limitation, lesson plans, academic strategies, consultation summaries, drafts, reports, research materials, educational frameworks, portfolios, progress notes, and any other proprietary or customized academic documentation. All Deliverables shall remain the intellectual property of Nexfiore Services unless expressly agreed otherwise in writing.
“Third-Party Entities” or “TPE” shall include, without limitation, external institutions or organizations such as universities, colleges, regulatory or licensing boards, Institutional Review Boards (IRB), clinical placement sites, hospitals, preceptors, supervisors, and any other academic, professional, or administrative bodies not directly controlled by the Service Provider. The Client acknowledges and agrees that all decisions, timelines, approvals, denials, delays, or administrative actions taken by such Third-Party Entities are strictly independent and fall outside the control, responsibility, or liability of the Service Provider.
“Engagement” shall refer to the active and ongoing participation required from the Client to enable effective delivery of Services. This includes, but is not limited to, timely responses to communications, attendance at scheduled sessions, submission of requested documents or data, and cooperation with the Service Provider’s instructional or advisory processes. Failure to maintain adequate Engagement may impact service outcomes and delivery timelines without constituting breach by the Service Provider.
“Milestones” shall refer to predefined stages, checkpoints, or progress markers established within a Service Order to measure the advancement and partial completion of Services. Milestones may be used by Nexfiore Services as a reference framework for evaluating service completion levels and determining proportional service value in the event of any approved partial refund assessment.
“Academic Outcome” shall mean any result, achievement, or external evaluation outcome related to the Client’s academic or professional performance, including but not limited to grades, GPA, examination results, institutional admissions, program approvals, certifications, licensure outcomes, or similar determinations. The Client expressly acknowledges and agrees that Academic Outcomes are dependent on multiple external factors beyond the Service Provider’s control and therefore do not constitute guaranteed results, performance benchmarks, or grounds for refund, dispute, or claim against the Service Provider.
“Registered Office” shall refer to the official legal address of Nexfiore Services as recorded with Corporations Canada, currently located at: S109-8357 10th Ave, Burnaby, British Columbia, V3N 2S7, Canada. This address shall serve as the designated location for the receipt of all formal communications, legal notices, and correspondence relating to this Agreement, unless otherwise updated in accordance with applicable corporate filing requirements.
“Agreement” shall mean the collective body of terms, conditions, policies, guidelines, and disclosures issued by the Service Provider, including but not limited to this Refund Policy, Terms of Service, Privacy Policy, and any supplemental agreements or written communications incorporated herein by reference. This Agreement constitutes the entire understanding between Nexfiore Services and the Client with respect to the subject matter herein and supersedes all prior discussions, representations, or agreements, whether written or oral, unless expressly stated otherwise.
By selecting the “I Agree” checkbox during the digital checkout process, executing a Service Order, or submitting payment through any authorized payment channel, the Client knowingly, voluntarily, and irrevocably enters into a legally binding agreement constituting a future performance contract under applicable laws of British Columbia and Canada.
Such action shall be deemed equivalent to a legally enforceable electronic signature and shall constitute full acceptance of all terms and conditions contained within this Refund Policy and the broader Agreement.
By proceeding, the Client expressly acknowledges, represents, and warrants that:
The Client acknowledges and agrees that payment represents more than a financial deposit; it represents a direct and explicit instruction authorizing Nexfiore Services to immediately initiate operational deployment of resources, including labor, expertise, administrative processing, and scheduling infrastructure.
The Client agrees that Nexfiore Tutoring Services Inc. operates as a professional tutoring consultancy and service-based organization providing bespoke, labor-intensive, and highly customized Services. Accordingly, the Services do not constitute retail goods and are not subject to consumer-style return, exchange, or satisfaction-based refund frameworks applicable to physical products or standardized consumer merchandise. All refund requests are subject to a formal internal evaluation process known as the Mandatory Labor Audit (MLA).
The Client acknowledges and agrees that all Services are structured according to a milestone-based Earned Value Model (EVM), whereby each stage of service delivery corresponds to a defined percentage of non-refundable value based on labor, expertise, and resource allocation.
| Milestone Stage | Stage Name | % Non-Refundable Value | Labor & Resource Components |
|---|---|---|---|
| Stage 0 | Pre-Sourcing | 0% | Refundable only within 48 hours of payment, provided no specialist assignment, resource allocation, or service initiation has occurred. |
| Stage 1 | Strategic Architecture | 30% | Includes SME allocation, initial client briefing, service planning, roadmap development, and scheduling or resource locking. |
| Stage 2 | Partial Execution | 55% | Includes research initiation, initial drafting, site or institutional vetting, and preliminary data mapping or analysis. |
| Stage 3 | Substantial Completion | 80% | Includes advanced analysis, iterative revisions, internal quality review, and structured documentation refinement. |
| Stage 4 | Final Delivery | 100% | Completion of all deliverables, final release of materials, portal uploads, or fulfillment of scheduled instructional hours. |
A Milestone shall be deemed officially initiated upon the occurrence of any operational action corresponding to the applicable stage’s labor components, including assignment of personnel, commencement of planning or research, engagement with client-specific materials, reservation of capacity, or any documented internal activity recorded in the Service Provider’s logs. Internal project records, timestamps, and system logs shall constitute prima facie evidence of Milestone initiation.
The Client acknowledges and agrees that certain costs are incurred immediately upon Service Commencement and are not recoverable under any circumstances once Services have been initiated.
A refund request shall be automatically denied upon the occurrence of one or more of the following conditions:
Any refund denial issued under this Policy shall be deemed final, binding, and non-appealable except where otherwise required by applicable law. The Service Provider retains the right to terminate the Agreement immediately where Client conduct materially impedes service delivery, resource allocation, or completion of the service scope.
A Client file may be classified as inactive where the Client fails for seven consecutive calendar days to respond to communications, provide requested documentation or instructions, or attend scheduled sessions or consultations.
Where inactivity persists beyond this threshold, the Service Order may be placed into Administrative Termination. Any funds allocated to active milestones shall be deemed earned and non-refundable and may be retained as liquidated damages representing reserved labor capacity, scheduling blockage, administrative expenditure, and lost opportunity costs.
If the Client requests resumption of Services following Administrative Termination, the file shall be subject to a formal reactivation and re-sourcing process.
Reactivated Service Orders may also be subject to updated pricing, rates, or service fees in effect at the time of reactivation.
Where a Mandatory Labor Audit determines that the value of services rendered exceeds payments received, the Client remains fully liable for all outstanding balances, which become immediately due and payable. The Service Provider may suspend deliverables and services until full settlement is received.
The Client acknowledges that all deliverables and services are intellectual, bespoke, and labor-intensive in nature. Deliverables are deemed consumed upon creation rather than only upon transmission or receipt, and payment corresponds to access to professional intellectual labor rather than ownership of methodologies, systems, or proprietary frameworks.
The Client agrees to submit any dispute, concern, or refund request directly to Nexfiore Services before initiating any external chargeback, reversal, or payment dispute. Initiating a chargeback without first using the internal dispute process may be treated as a breach of the Agreement.
If a chargeback or unauthorized payment reversal is initiated and not resolved in the Client’s favor, Nexfiore Services reserves the right to recover reasonable administrative and recovery costs, including processor fees, documentation preparation, operational time, and dispute resolution expenses through lawful means.
The Service Provider may submit logs, timestamps, communications, deliverables, access records, and other relevant evidence to payment processors or financial institutions and may continue enforcing intellectual property protections and contractual obligations.
Initiation of a chargeback or payment dispute may result in immediate suspension of services, temporary or permanent restriction of platform access, and termination of the Service Order at the discretion of the Service Provider.
Nexfiore Services maintains internal records of transactions, communications, and service delivery activities for payment dispute defense, legal compliance, audit purposes, and enforcement of contractual obligations.
As a first mandatory step, the Client must submit a formal written complaint, designated as a Service Deficit Report, directly to the Service Provider’s designated billing or administrative department. The submission must describe objectively measurable deviations from the agreed scope of work. Subjective dissatisfaction, tone, communication style, or expectation misalignment do not constitute valid grounds for dispute initiation.
If an objectively identifiable service deficiency may exist, the Client agrees to grant Nexfiore Services a mandatory correction period of twenty-one (21) calendar days. If the issue is successfully remedied within that period, the Service Provider’s obligations are deemed fully satisfied and no refund, credit, or adjustment is available.
If the claimed deficiency is not resolved during the cure period, the matter proceeds to a Mandatory Labor Audit (MLA), which constitutes the final internal assessment mechanism for dispute resolution and refund determination. Any resulting audit determination is based strictly on documented labor, milestones, operational records, and resource allocation rather than subjective satisfaction.
Nexfiore Services shall not be liable for delays, suspension, modification, or inability to perform Services arising from events beyond its reasonable control, including:
During a Force Majeure event, affected deadlines, milestones, delivery schedules, and performance timelines are automatically suspended and tolled for the duration of the event. Such disruptions do not constitute non-performance, breach, or deficiency of services and do not entitle the Client to a refund, credit, or compensation solely on that basis.
To the fullest extent permitted by law, the total aggregate liability of Nexfiore Tutoring Services Inc., including its directors, officers, employees, contractors, agents, and affiliates, arising out of or in connection with this Agreement shall be strictly limited to the total amount actually paid by the Client for the specific Service Order giving rise to the claim.
Nexfiore Services shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including tuition costs, examination retakes, academic expenses, loss of income, delayed graduation, lost employment opportunities, reputational harm, or adverse institutional or regulatory actions.
The Client acknowledges that the Services constitute professional academic consultation and advisory support involving interpretation, guidance, and applied judgment. Nexfiore Services commits to reasonable skill, care, and diligence consistent with industry standards but does not guarantee specific results, grades, certifications, approvals, or institutional outcomes.
This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the applicable federal laws of Canada. Subject to the mandatory dispute resolution process, the courts of British Columbia shall have exclusive jurisdiction over disputes arising under or in connection with this Agreement.
If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, such determination shall not affect the remaining provisions, which shall continue in full force and effect. Any invalid or unenforceable provision shall be modified only to the minimum extent necessary to preserve the original intent and commercial purpose of the Agreement.
Any intentional provision of false, misleading, or fraudulent information by the Client in connection with this Agreement, including during disputes or audits, may result in immediate termination of Services, denial of pending refund claims, recovery of costs incurred due to reliance on such information, and referral to appropriate civil or regulatory processes where applicable under Canadian law.
By completing a payment, submitting a Service Order, or otherwise engaging with the Services of Nexfiore Tutoring Services Inc., the Client acknowledges and agrees that they have read, understood, and accepted this Refund, Labor Allocation, and Dispute Resolution Agreement in its entirety. Electronic transactions, digital signatures, timestamps, metadata, and system-generated records may be retained as evidentiary documentation.
All fees charged by Nexfiore Tutoring Services Inc. are subject to applicable federal and provincial taxation in accordance with Canadian law. Taxes properly collected and remitted to the appropriate authorities are non-refundable because they are not retained by the Service Provider.
A formal electronic invoice shall be issued for each Service Order. Nexfiore Services maintains financial, contractual, and service delivery records in accordance with applicable corporate and tax regulations for a minimum of seven (7) years, or longer where required by law.
Payment processing fees charged by third-party institutions or processors, including foreign exchange spreads and cross-border transaction fees, are operational transaction costs outside the Service Provider’s control and are not eligible for refund under any circumstances.
The Client represents and warrants that they possess the legal capacity, authority, and financial authorization to enter into this Agreement and complete all associated transactions, and that all information provided during registration, payment, or engagement is true, accurate, and complete to the best of their knowledge.
