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 reimbursed as part of the provision of services 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.

1. 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.

2. 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 Services are continued despite funds having been refunded or price having been partially or fully waived. 

3. 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-day or longer to provide to ClearEstate the information requested; and file 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.

4. Types of Refunds

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

5.1 Partial Refund is a Refund that reimburses the customer less than the full amount of the price paid by the customer and it requires the approval of the Head of Customer Management.

5.2 Full Refund is a Refund that reimburses the customer for 100% of the purchase price and it requires the approval of the Head of Customer Management and of the Chief of Customer Success. 

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

5. 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:

• Completed Services: Services that have been fully completed will not be eligible for a refund.
• 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.
• 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. 

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

6 . Non-Negotiable Terms

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

7. 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.

8. File Closing 

If upon the issuance of the Refund, a customer’s file is closed, Services will be terminated at the date indicated to you. Customers will have access to their online account for additional 30 to 90 days, depending on the reason for the Refund, to download any relevant documents.

Once the termination date occurs, your access to the ClearEstate platform will be terminated, and ClearEstate will retain records as required by applicable law.

9. Determination of Refunds 

Refunds can be requested in three scenarios: 

1. 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. 
2. 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. 
3. 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. 

10. 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 below criteria:

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:

All other Settlement Plans:

Planning Plans: