Refund Policy — ClearPass®

Refund & Cancellation Policy

Last Updated: 11 May 2026
Effective Date: 11 May 2026

Massive Dynamic Limited operates in accordance with Hong Kong commercial law and the Master Services Agreement ("MSA") and Pre-Engagement Deposit Agreement ("PEDA") executed with each Client.

1. General Principles

Nature of Payments

Payments made to Massive Dynamic Limited represent professional and administrative service fees for:

Client consultation and needs assessment
Document review and preparation
Communication with Third-Party Providers
Application submission and tracking
Case management and status updates
Quality assurance and compliance verification

All amounts received by the Company are recognized as revenue for administrative facilitation services in the Company's operating account upon receipt. The Company does not hold any escrow, trust, or fiduciary account for Client funds.

When Fees Become Earned

Once any portion of the agreed service has been performed, fees become earned and non-refundable. Service commencement includes, but is not limited to:

Document review and analysis
Communication with Third-Party Providers
Submission of materials to authorities
Initiation of background checks or verifications
Assignment of dedicated case manager
Creation of case file and commencement of processing

2. Cancellation Before Service Commencement

Full Refund Eligibility

If the Client cancels before the Company has begun work or submitted any documentation to Third-Party Providers, a full refund (100%) of funds received will be made to the original payer.

Conditions for Full Refund

Written Cancellation: Cancellation request must be submitted in writing to [email protected]
No Work Performed: No document review, analysis, or forwarding has occurred
No Third-Party Submission: No materials have been sent to Third-Party Providers, implementers, or authorities
Intact Exclusivity: Client has not breached exclusivity or confidentiality obligations (PEDA § 5)

Processing Timeline

Within fourteen (14) business days of written cancellation confirmation, the full amount will be refunded to the original payment source.

Refund Method

Refund issued to:

Same bank account from which payment was received
Same payment method used (credit card, bank transfer, etc.)
Same currency as original payment (where legally permissible)

3. Partial or Conditional Refunds

Availability Criteria

Refunds are available only when:

Cancellation occurs prior to service commencement, OR
Third-Party Provider or employer fault has been proven under Annex B – Provider Terms of the MSA

Pass-Through Refund Principle

Massive Dynamic operates as an administrative facilitator. Refund eligibility for services performed by Third-Party Providers is determined exclusively by the Provider under their separate agreement with the Client.

Process:

Client Refund Request: Client submits request to [email protected] with supporting evidence
Provider Communication: Massive Dynamic communicates the request to the relevant Third-Party Provider
Provider Decision: Provider determines refund eligibility per its terms
Recovery Coordination: If Provider approves, Massive Dynamic coordinates receipt of recovered funds
Onward Payment: Funds recovered from the Provider are paid to the Client within five (5) business days of receipt by Massive Dynamic, as a separate commercial transaction

No Escrow or Fiduciary Holding:
Massive Dynamic does not hold any escrow, trust, or fiduciary account for Client funds. The Company's operating funds may be used to facilitate timely refund payment, in which case the Company is subsequently reimbursed by the Provider under separate arrangements between the Company and the Provider.

Pre-Engagement Deposit Agreement (PEDA) Refunds

In the event of a Pre-Engagement Deposit, the deposit is fully refundable if:

Client declines in writing within the review period specified in PEDA, AND
Client has not breached confidentiality or exclusivity obligations (PEDA § 4.2, § 5)

Forfeiture Conditions: Deposit is forfeited if:

Client breaches exclusivity (engages with competitors or direct providers during exclusivity period)
Client discloses confidential information obtained during PEDA period
Client fails to respond to service agreement within review period without good cause

4. Non-Refundable Circumstances

The following circumstances do not qualify for refunds:

After Service Initiation

Document submission or initiation of services on the Client's behalf
Assignment of case manager and commencement of processing
Forwarding of information to Third-Party Providers
Commencement of background checks, verifications, or due diligence

Government or Consular Decisions

Consulate or embassy refusals not caused by document errors or employer misconduct
Visa denials based on consular discretion or policy changes
Delays in government processing beyond contracted timelines
Changes in immigration laws or policies affecting eligibility

Note: Refunds may be available if refusal was caused by proven Provider error (incorrect forms, missing documents, missed deadlines). Evidence must be submitted.

Client-Caused Delays or Failures

Failure by the Client to provide required information or documentation
Failure to respond to requests within specified timeframes
Missed deadlines for document submission
Failure to attend required interviews or appointments
Provision of inaccurate or incomplete information
Failure to complete KYC verification within 30 working days of engagement (per AMLO Cap. 615)

Contractual Breaches

Breaches of exclusivity obligations under PEDA § 5
Breaches of confidentiality under PEDA § 6 or MSA confidentiality provisions
Material breaches of Terms of Service
Circumvention of Massive Dynamic to engage directly with Providers

Force Majeure Events

As defined in MSA § 10:

Wars, armed conflicts, or acts of terrorism
Natural disasters (earthquakes, floods, hurricanes, pandemics)
Governmental actions (emergency orders, border closures, policy changes)
Sanctions and regulatory restrictions
Strikes or labor disputes affecting service delivery
Telecommunications failures or cyberattacks on critical infrastructure

Effect: Force majeure events suspend performance obligations but do not entitle either party to refunds for services rendered prior to the event.

5. Third-Party Costs (Non-Refundable)

The following costs are borne by the Client and remain non-refundable regardless of application outcome:

Government & Official Fees

Consular visa application fees
Government processing fees
Embassy appointment fees
Biometric enrollment fees
Certificate issuance fees
Permit card production fees

Professional Service Fees

Translation services
Notarization and apostille services
Document legalization fees
Sworn translation fees
Professional certifications

Third-Party Verification

Background check fees
Criminal record certificate fees
Educational credential verification
Employment verification services
Medical examination fees

Travel & Logistics

Courier and express delivery charges (DHL, FedEx, etc.)
Postal fees for document transmission
Travel expenses for required in-person appearances
Accommodation costs for embassy interviews

Insurance & Guarantees

Health insurance premiums (where required for visa applications)
Travel insurance
Financial guarantee or bond fees
Sponsor guarantee fees

Rationale: These costs are paid directly to third parties and cannot be recovered by Massive Dynamic. They are incurred in good faith pursuit of the client's application.

6. Refund Method & Currency

Payment Route

Refunds are issued to the same bank account and in the same currency from which payment was received, unless legally impossible.

Alternative Arrangements

If refund to original source is not possible:

Client may designate alternative bank account (subject to verification)
Currency conversion may be necessary (subject to prevailing exchange rates)
Client bears any bank charges or foreign exchange conversion fees

Bank Charges & Fees

Client Responsibility:

Receiving bank charges
Intermediary bank fees
Foreign exchange conversion fees
Wire transfer fees

Massive Dynamic Responsibility:

Sending bank charges
Payment processing fees (where applicable)

Deductions from Refund

Refund amount may be reduced by:

Third-party costs already incurred (see Section 5)
Bank transfer fees and FX conversion costs borne by Client
Earned fees for services already performed
Liquidated damages (if applicable for contractual breaches)
Reasonable administrative costs incurred in pursuing recovery from Third-Party Provider (capped at 10% of recoverable amount or EUR 250, whichever is lower, per Annex B §2.2)

7. Refund Timeline

Approved refunds are processed within one (1) month from official notification, in accordance with:

MSA Section 4 and Section 6.4
Pre-Engagement Deposit Agreement (PEDA)
Annex B – Provider Terms

Processing Stages

Stage 1: Investigation (72 hours)

Review of refund request and supporting documentation
Determination of eligibility under contract terms
Communication with Third-Party Provider if applicable

Stage 2: Approval (5-10 business days)

Final decision on refund eligibility
Calculation of refund amount (minus applicable deductions)
Written notification to Client of decision

Stage 3: Processing (5-15 business days)

Initiation of refund transaction
Bank processing time
Confirmation of receipt

Total Timeline: Typically 15-30 calendar days from request to receipt, depending on:

Banking processing times
International wire transfer delays
Currency conversion requirements
Provider response time (for pass-through refunds)

Delays Beyond Our Control

Banking holidays or system maintenance
Intermediary bank holds or compliance checks
Government foreign exchange restrictions
International sanctions or regulatory holds

Client Notification: We will notify clients promptly of any delays and provide expected resolution timelines.

8. How to Request a Refund

Submission Process

Email [email protected] with the following information:

Required Information:

Full Name: As appears on contract/account
Contract Reference Number: Found in your service agreement or invoice
Payment Receipt: Copy of payment confirmation or invoice
Explanation: Clear statement of refund request reason
Supporting Evidence:
- Consulate refusal notice (if applicable)
- Evidence of Provider error (if claiming Provider fault)
- Proof of force majeure event (if applicable)
- Any other relevant documentation

Subject Line

"Refund Request - [Your Name] - [Contract #]"

Investigation Timeline

The Company investigates each request within 72 hours and confirms the decision in writing.

Decision Notification

You will receive written notification including:

Approval or denial of refund request
Amount to be refunded (with breakdown of deductions if applicable)
Expected refund timeline
Refund method and destination account
Appeal process (if denied)

9. Appeals & Disputes

Internal Appeal Process

If your refund request is denied and you believe the decision is incorrect:

Step 1: Submit written appeal to [email protected] within 14 days of denial notice

Step 2: Provide additional evidence or clarification supporting your claim

Step 3: Senior management reviews appeal within 10 business days

Step 4: Final decision communicated in writing

Escalation to Third-Party Provider

For refunds dependent on Provider decision:

Massive Dynamic will escalate your appeal to the Provider
Provider's decision is final per contract terms
Timeline depends on Provider's internal processes

Legal Remedies

If internal appeal is unsuccessful, disputes may be resolved through:

Arbitration: ICC arbitration seated in Hong Kong (per Terms of Service § 9 and MSA Section 14)
Mediation: Voluntary mediation before proceeding to arbitration
Small Claims: For claims under jurisdictional thresholds (where applicable)

10. Partial Performance Refunds

Calculation Method

When service has been partially performed, refund amount is calculated as:

Refund = Total Fees Paid - Earned Fees - Third-Party Costs - Deductions

Earned Fees Assessment

Specific milestone-based earned fee allocation is set out in Schedule A of each Master Services Agreement. The percentages below are illustrative defaults applied where Schedule A does not specify otherwise:

Initial consultation and assessment: 10-15%
Document review and preparation: 15-25%
Submission to authorities: 25-40%
Application tracking and follow-up: 10-20%
Final delivery and completion: 20-30%

Example: Total Fee: $2,000
Progress: Documents submitted (60% complete)
Third-Party Costs: $300
Refundable Amount: $2,000 - ($2,000 × 60%) - $300 = $500

Transparency

All refund calculations are provided in writing with itemized breakdown.

11. Chargebacks & Payment Disputes

Unauthorized Chargebacks

Initiating a chargeback without first requesting a refund through proper channels may result in:

Immediate account suspension
Reversal of services (where not yet delivered)
Collection proceedings for earned fees
Reporting to payment fraud databases

Proper Dispute Process

Before filing a chargeback:

Contact [email protected] to request refund
Allow 72 hours for investigation
Participate in good faith resolution discussions
Utilize internal appeal process if initially denied

Legitimate Chargebacks

Chargebacks are appropriate for:

Unauthorized transactions (fraud or identity theft)
Service not provided and refund request ignored
Significant discrepancy between service promised and delivered

Evidence Required: Documentation of attempts to resolve through proper channels

12. Governing Law & Jurisdiction

This Refund Policy is governed by the laws of Hong Kong SAR and interpreted in conjunction with:

Master Services Agreement (MSA)
Pre-Engagement Deposit Agreement (PEDA)
Terms of Service
Annex B – Provider Terms

Dispute Resolution

Disputes regarding refunds are subject to:

Primary: ICC arbitration, seat Hong Kong
Alternative: Mediation through Hong Kong International Arbitration Centre
Interim Relief: Hong Kong courts for urgent matters

13. Contact & Questions

For questions about this Refund Policy:

Email: [email protected]
Subject: "Refund Policy Inquiry"
Phone: +852 9290 0201
Mail: Unit 1603, 16/F, The L. Plaza, 367-375 Queen's Road Central, Sheung Wan, Hong Kong

Office Hours:
Monday - Friday: 9:00 AM - 6:00 PM (Hong Kong Time)

Expected Response Time:

Refund requests: 72 hours
General inquiries: 48 hours
Appeals: 10 business days

14. Policy Updates

This Refund Policy may be updated to reflect:

Changes in applicable laws or regulations
Improvements to refund processes
Feedback from client experiences
Changes in business practices

Notification:

Material changes: Email notification 30 days in advance
Current version always available at mdhk.ltd/refund-policy
Version date displayed at top of policy

Fair and Transparent Refunds

We are committed to clear, fair, and transparent refund practices. If you have concerns about a refund decision, we encourage open communication and good faith resolution.