Preamble
This Refund Policy (hereinafter the "Policy") sets out the deliberately defined conditions under which a refund may be requested in connection with the use of the Nezam® platform.
It supplements the Terms and Conditions of Use and Service (hereinafter the "Terms" — see the terms of use) and the privacy policy. Capitalised terms not defined here have the meaning given to them in the Terms.
The Platform is published and operated by M. Fertah Mohammed, trading under the name Nezam®, 49 Rue de Ponthieu, 75008 Paris (hereinafter "Nezam").
Article 1 – Scope
A distinction must be drawn between two types of payment, which are subject to different rules:
1.1 Subscription to the Platform (Nezam ↔ Institute relationship): sums paid by an Institute to Nezam in respect of its subscription to the Platform. Only these payments fall within the scope of this Policy.
1.2 Payments collected via the Platform on behalf of an Institute (Parent ↔ Institute relationship): sums paid by Parents or Students through the online payment and direct-debit features (enrolment fees, tuition fees, etc.). These sums are collected for the benefit of the Institute, with Nezam acting solely as the provider of the technical tool. Any refund request relating to these payments must be addressed directly to the Institute concerned, which alone determines the applicable conditions. Nezam can neither grant, guarantee nor process such refunds.
Article 2 – Prior evaluation: demonstration and trial period
Before any subscription, each Institute is provided with: a detailed presentation of the Platform (demonstration); and a trial period allowing it to test the features and verify their suitability for the way it operates.
This phase is the dedicated and intended opportunity to evaluate the Platform and to decide whether to subscribe. By taking out a subscription at the end of this phase, the Institute acknowledges that it has had the means necessary to assess the Platform and accepts without reservation the refund conditions set out below.
Article 3 – General principle: the firm nature of the subscription
The subscription taken out at the end of the demonstration and the trial period is firm in nature. Beyond this evaluation phase, no refund is owed solely on the grounds of a change of mind or of the Institute's dissatisfaction. The only cases giving rise to a refund or to a cessation of payments are exhaustively defined in Articles 4 and 5, depending on the payment method chosen.
Article 4 – Subscription paid in full for the year (annual payment)
Where the Institute has paid the entire annual subscription in a single instalment, a refund may only be considered in one of the following cases, and provided that it is attributable to Nezam: a serious and blocking malfunction of the Platform, reported to Nezam and not corrected within a reasonable time; or a prolonged unavailability of the service preventing normal use of the Platform.
In these situations, the refund is calculated on a pro-rata basis for the period during which the service could not be used, excluding the periods actually used. The following are expressly excluded from any right to a refund: short-term interruptions, scheduled maintenance operations, occasional slowdowns, as well as any incident not attributable to Nezam (the internet network, the User's equipment, a third-party provider, force majeure).
Article 5 – Subscription paid in instalments (monthly payment)
Where the Institute has opted for payment in monthly instalments, it may request that future instalments be stopped, subject to the conditions and to any notice period provided for in the quotation or the service contract. By contrast, instalments already due and paid, corresponding to elapsed months, are not subject to any refund, the service having been made available to the Institute over those periods. Stopping the instalments ends the subscription and results in the deactivation of access to the Platform under the conditions provided for in the Terms.
Article 6 – Non-refundable charges
In any event, and whatever the payment method, the following are not refundable:
- set-up, integration, configuration and bespoke feature development fees already carried out;
- support and training services already delivered;
- transaction fees charged by third-party payment providers.
Article 7 – How to make a request
Any request relating to a refund or to the cessation of monthly instalments must be addressed to Nezam: by email at contact@nezam.fr, or via WhatsApp support at +33 6 84 86 52 73. The request must specify: the name of the Institute, the requester's contact details, the payment method chosen, the subscription date and the reason for the request. For the cases provided for in Article 4, the request must describe precisely the malfunction or unavailability observed, as well as the dates concerned.
Article 8 – Processing and timeframes
Nezam undertakes to acknowledge receipt of the request within five (5) business days and to reply to it within fourteen (14) business days, where appropriate after having sought to correct the reported malfunction. If a refund is agreed, payment is made within fourteen (14) days of confirmation, using the means of payment used for the initial transaction. No refund is made in cash.
Article 9 – Exclusions
No refund may be granted by Nezam in the following cases:
- a request based on a mere change of mind or dissatisfaction, outside the cases exhaustively provided for in Article 4;
- a request for a refund of instalments already due, in the context of a monthly payment (Article 5);
- a request relating to payments collected on behalf of an Institute (Article 1.2);
- suspension or termination of the account resulting from a breach by the Institute or a User of the Terms;
- an interruption, slowdown or malfunction attributable to an event of force majeure, to the internet network, to the User's equipment or to a third-party provider;
- the non-refundable charges referred to in Article 6.
Article 10 – Right of withdrawal
The Platform is intended for Institutes acting in the context of their professional or not-for-profit activity. The right of withdrawal provided for by the French Consumer Code is intended to apply to consumers and, under certain conditions, to professionals employing a limited number of staff for contracts falling outside their main activity. Whether an Institute may be eligible for a right of withdrawal, as well as the procedures for exercising it, must be assessed on a case-by-case basis, depending on the exact nature of Nezam's customers (associations, establishments, professionals).
Article 11 – Changes to the Policy
Nezam may amend this Policy in order to take account of legal, technical or commercial developments. The applicable version is the one in force on the date the relevant subscription is taken out. Any substantial change is brought to the Institutes' attention by the means provided for in the Terms.
Article 12 – Contact
For any question or request relating to this Refund Policy: email contact@nezam.fr; support / WhatsApp +33 6 84 86 52 73; address 49 Rue de Ponthieu, 75008 Paris.
See also the GDPR & data protection page for the terms governing the processing of personal data.