Last updated
Nirogix is a product of Takoriya Technology LLP.
This document is under review by legal counsel and may be revised before it is final. Where a hospital or clinic has signed an agreement or order form with us, that agreement prevails over this page if the two differ. This page is not legal advice.
In short
- You can stop your subscription from renewing by telling us in writing at least 30 days before the renewal date. It stays active until the end of the period you have paid for.
- Fees for a period that has started are not refunded when you cancel for your own reasons. We refund the unused part if we end the service, or if you end it because we did not fix a serious failure on our part.
- Duplicate, accidental and excess payments are refunded in full once we verify them. A payment that failed but was debited is normally reversed by your bank automatically.
- Approved refunds are started within 7 working days, to the account the payment came from. Payments patients make to a hospital through Nirogix are refunded by that hospital, not by us.
Contents
- 1.Introduction and scope
- 2.Definitions
- 3.How Nirogix is sold and billed
- 4.Pilots and trials
- 5.Subscription renewal
- 6.Cancelling a subscription
- 7.Refund eligibility
- 8.Accidental, duplicate and excess payments
- 9.Failed or interrupted payments
- 10.Partial-period refunds
- 11.Plan changes: adding and removing Modules, branches and beds
- 12.Non-refundable charges
- 13.Taxes on refunds
- 14.Payment disputes and chargebacks
- 15.How to request a refund
- 16.Refund processing timelines
- 17.Enterprise, hospital and clinic subscriptions
- 18.Account suspension and termination: effect on payments
- 19.Your data after cancellation or termination
- 20.Payments made by patients to hospitals and clinics
- 21.Exceptions
- 22.Customer support and contact
- 23.Changes to this policy
1. Introduction and scope
This Refund & Cancellation Policy explains how subscriptions to Nirogix, the hospital management system offered by Takoriya Technology LLP ("Nirogix", "we", "us" or "our"), are renewed and cancelled, and when and how fees paid to us are refunded.
It applies to fees a Customer pays us: subscription fees, one-time charges such as implementation or migration beyond the included scope, and charges we pass through for messaging. It forms part of our Terms & Conditions. Where a Customer’s signed Order Form or agreement contains different terms on renewal, cancellation or refunds, those terms apply to that Customer.
It does not apply to payments a Patient makes to a hospital or clinic through the Platform. Those are explained in section 20.
2. Definitions
Terms defined in our Terms & Conditions have the same meaning here. In particular:
- Customer
- The hospital, clinic, diagnostic center, group or other organization that subscribes to Nirogix under an Order Form.
- Order Form
- The quote, order form or agreement the Customer signed or accepted, stating its plan, Modules, branches, beds, fees, Billing Period and Subscription Term.
- Subscription Term
- The period the Customer has subscribed for, such as one year, and each renewal of it.
- Billing Period
- The period each invoice covers, such as a year or a month, as the Order Form states.
- Renewal Date
- The first day of a new Subscription Term.
- Billing Contact
- The person or email address named in the Order Form to receive invoices, or an Administrator of the Customer.
- Working day
- A day other than a Saturday, Sunday or public holiday in the state where our registered office is located.
3. How Nirogix is sold and billed
- Nirogix is sold to organizations through guided onboarding. There is no self-service sign-up, and every subscription starts from an Order Form that states what is included and what it costs.
- Plans are priced on the Modules enabled, the number of branches and, for inpatient facilities, the number of beds. We do not charge per user.
- Subscription fees are invoiced in advance for each Billing Period. Invoices are payable within 15 days of the invoice date unless the Order Form states otherwise.
- Payment is made in Indian rupees by bank transfer, UPI or another method listed on the invoice. Where we accept payment through a payment gateway, the gateway’s terms also apply to that payment.
- Goods and Services Tax (GST) is charged in addition to the fees and shown on the tax invoice.
- Messaging charges, such as SMS, are passed through at cost, itemized, and invoiced in arrears for the messages actually sent.
4. Pilots and trials
We do not offer a self-service free trial. Prospective Customers evaluate Nirogix through a guided pilot, configured for their own facility, for the period and scope stated in a pilot agreement.
- A pilot is free of charge unless the pilot agreement states a fee. A free pilot has nothing to cancel or refund; either party may end it at any time by written notice.
- Where a pilot carries a fee, the fee covers the configuration and support provided and is not refundable once the pilot has started, unless we end the pilot early for our own reasons, in which case we refund the fee in proportion to the unused days.
- A pilot does not convert into a paid subscription automatically. It becomes one only when the Customer signs an Order Form, and its configuration and data can then be carried over.
- If the Customer does not continue after the pilot, it may ask us to export its pilot data, and we delete it as described in section 19.
5. Subscription renewal
Unless the Order Form states otherwise, a subscription renews automatically at the end of each Subscription Term for a further term of the same length, so that a hospital’s records and operations are not interrupted by an expiry nobody noticed.
- We send the renewal invoice to the Billing Contact before the Renewal Date, normally at least 30 days before.
- If fees for the next term will change, we tell the Customer at least 30 days before the Renewal Date. A Customer that does not accept the change may cancel before the Renewal Date, as described in section 6, and is not charged the new fees.
- For monthly billing, the subscription continues from month to month until it is cancelled.
- Where the Customer has set up auto-pay (UPI AutoPay or a card mandate, authorized on Paytm’s page), each renewal fee is debited from that UPI ID or card instead of being invoiced for payment by hand. We email the amount and the debit date before every debit, at least 24 hours ahead; a debit is never more than the limit the Customer authorized, and a renewal above it is sent as a payment request instead. The Customer may cancel the mandate at any time from its UPI app or bank, or by writing to us.
6. Cancelling a subscription
6.1 How to cancel
An Administrator or the Billing Contact may cancel by written notice to us by email to jaivik@thefortunetech.com, or to the account contact named in the Order Form, stating the organization’s name and the subscription to be cancelled. We confirm every cancellation in writing within two working days; a cancellation is not effective until confirmed, so please contact us again if you do not receive the confirmation.
6.2 Cancellation before renewal
A cancellation received at least 30 days before the Renewal Date stops the renewal. The subscription stays active until the end of the current paid Subscription Term, and then ends. No renewal invoice is payable, and any renewal invoice already sent is cancelled.
6.3 Late cancellation, less than 30 days before renewal
A cancellation received less than 30 days before the Renewal Date takes effect at the end of the following Subscription Term, unless the Order Form provides otherwise. We will, however, consider a request to end at the current Renewal Date where the Customer has not used the Platform in the new term, and apply the post-renewal window below.
6.4 Post-renewal window
If a subscription renews automatically and the Customer tells us in writing within 7 days after the Renewal Date that it did not intend to renew, we will cancel the renewal and refund the renewal fees in full, provided the Customer’s users have not used the Platform for operations in the new term (signing in to export data does not count as use). This window applies once per Customer.
6.5 Cancelling during a term
A Customer may stop using the Platform at any time, but cancelling for its own reasons does not end the obligation to pay for the current Subscription Term or entitle it to a refund for the remainder of it. The subscription remains active until the end of the paid term, so the Customer keeps full access, including to export its data.
7. Refund eligibility
Fees are refundable in the following cases, and in any other case the Customer’s Order Form provides for:
- a duplicate, accidental or excess payment (section 8);
- a payment for which the service was not provided, such as a payment received after a cancellation took effect;
- renewal fees, within the post-renewal window in section 6;
- the unused part of prepaid fees where we stop offering the Platform or a Module the Customer subscribes to, or terminate the subscription other than for the Customer’s breach;
- the unused part of prepaid fees where the Customer terminates because we materially breached the Agreement and did not cure the breach within 30 days of being notified;
- the unused part of prepaid fees where a force majeure event prevents us from providing the Platform for more than 60 days and the subscription is terminated; and
- the unused part of prepaid fees where we end a subscription to resolve an intellectual property claim, as our Terms & Conditions describe.
Fees are not refundable when the Customer cancels for its own reasons, decides not to use a Module it subscribed to, under-uses the Platform, or when the subscription is suspended or terminated because of the Customer’s breach of the Agreement.
8. Accidental, duplicate and excess payments
- Duplicate payment: if the same invoice is paid twice, we refund the second payment in full once we have matched both payments to the invoice.
- Accidental payment: if a payment is made to us by mistake, for example for an invoice that was cancelled, to the wrong payee reference, or by someone who is not our Customer, we refund it in full once its origin is verified.
- Excess payment: if more than the invoiced amount is paid, we refund the difference, or, if the Customer prefers and tells us in writing, hold it as a credit against its next invoice.
Please tell us as soon as you notice such a payment, with the payment reference. We will refund it whenever it is reported, but reporting within 90 days of the payment makes it quicker to trace through the banking records.
9. Failed or interrupted payments
- If a payment fails or is interrupted and the money was not debited, nothing has been paid; please pay again or contact us if the invoice is due.
- If the money was debited but the payment failed or did not reach us, the bank or payment provider normally reverses it automatically within the timelines the Reserve Bank of India sets for failed transactions. We cannot reverse a payment we have not received.
- If the reversal does not arrive within those timelines, contact your bank first, and send us the transaction reference (such as the UTR or UPI reference) and date so that we can check whether we received it.
- If a payment we treated as failed later reaches us, we either apply it to the invoice or, if it duplicates a later payment, refund it as described in section 8.
- While a payment problem is being resolved in good faith, we will not suspend the account for non-payment of that invoice.
10. Partial-period refunds
Where a refund of the unused part of prepaid fees applies under section 7, it is calculated as follows:
- the prepaid subscription fees for the affected service in the current Billing Period, multiplied by the number of days remaining in that period after the termination takes effect, divided by the total number of days in the period;
- less any non-refundable charges described in section 12, and any amounts the Customer owes us that are due.
Where several years were prepaid, the refund also includes the fees for any later Billing Period that had not started. We do not make partial-period refunds in any other case, including when a Customer cancels during a term for its own reasons.
11. Plan changes: adding and removing Modules, branches and beds
- Additions (a Module, a branch or more beds) take effect when enabled. They are charged in proportion to the days remaining in the current Billing Period, so that they end on the same date as the rest of the subscription, and are then included in later renewals.
- Reductions (removing a Module, a branch or beds, or moving to a smaller plan) take effect at the next Renewal Date and are reflected in the renewal invoice. No partial refund is made for the current period, and the Customer keeps what it has paid for until then.
- A Module that is switched off keeps its historical records. Switching a Module off never deletes data.
12. Non-refundable charges
Except where section 7 or the Order Form provides otherwise, the following are not refundable:
- subscription fees for any part of a Billing Period that has passed;
- one-time implementation, configuration or onboarding charges beyond the included scope, once the work has been delivered;
- data migration beyond the published standard scope, once performed;
- training sessions that have been delivered, including on-site visits and associated travel;
- custom development or integration work that has been delivered and accepted;
- messaging and other pass-through charges for messages already sent or services already consumed; and
- fees charged by banks or payment providers on the Customer’s side of a payment.
13. Taxes on refunds
When we refund an amount that was invoiced with GST, we issue a credit note under the Central Goods and Services Tax Act, 2017 and refund the GST along with the fee where the law allows a credit note for it. If the time limit for issuing a credit note for that invoice has passed, the refund covers the fee excluding GST, and the Customer may retain any input tax credit it has claimed. Where the Customer deducted tax at source from a payment, we refund the amount we actually received, and the deducted tax is dealt with in accordance with the Income-tax Act, 1961.
14. Payment disputes and chargebacks
- If you believe you have been charged incorrectly, please contact us first. Most billing questions are resolved quickly once we can see the invoice and the payment, and a direct refund is faster than a dispute through a bank.
- If a dispute or chargeback is raised with a bank or card issuer, we will provide the issuer with the invoice, Order Form and evidence of service, and we will refund promptly any amount we agree was charged in error.
- A chargeback raised for fees that were properly charged does not cancel the obligation to pay them. The amount remains due, and the account may be treated as unpaid under our Terms & Conditions, after notice.
- If a refund has already been made, the Customer must not also pursue a chargeback for the same amount, and if both occur, the Customer must return the duplicate amount.
15. How to request a refund
Send your request by email to jaivik@thefortunetech.com, from an Administrator or the Billing Contact, with:
- the name of the organization and the account contact;
- the invoice number, and the date, amount and method of the payment;
- the transaction reference, such as the UTR, UPI or gateway reference;
- the reason for the request and the section of this policy it relies on; and
- for a duplicate or failed payment, a copy of the bank statement entry showing the debit.
We may ask for more information to verify the request, and we will only refund to the organization that made the payment. Refunds are made to the bank account or payment method the payment came from. If that is not possible, for example because the account has been closed, we will ask for proof of an account in the same organization’s name, such as a letter from its bank.
16. Refund processing timelines
- We acknowledge a refund request within 2 working days of receiving it.
- We decide on it within 10 working days of receiving the complete information, and tell you the outcome in writing with the amount and reasons.
- We start an approved refund within 7 working days of the decision.
- The time for the money to appear in your account then depends on your bank or payment provider, usually 5 to 10 working days for bank transfers and card refunds.
If a refund has not reached you within 20 working days of our approval, contact us with the refund reference we sent and we will trace it with our bank.
17. Enterprise, hospital and clinic subscriptions
17.1 Hospitals, multi-branch groups and enterprise agreements
Larger hospitals and groups usually subscribe under a negotiated agreement. Its terms on billing, renewal, cancellation and refunds prevail over this policy where they differ, and this policy applies to anything they do not cover.
A group may be invoiced centrally or per branch, as agreed. A branch added during a term is co-termed with the rest of the subscription and charged in proportion. A branch closed or removed during a term is removed at the next Renewal Date, and its records remain available to the group under the organization account.
17.2 Clinics and smaller practices
Clinics and practices subscribe on the standard terms in this policy. Where a clinic is billed monthly, cancellation takes effect at the end of the current month if received at least 7 days before the month ends; otherwise at the end of the following month.
17.3 Multi-year and prepaid agreements
Where several years are paid in advance, the fees for a year that has not started are refundable in the cases in section 7, and the fees for a year in progress are refunded in proportion only as section 10 describes.
17.4 Purchase orders and public sector buyers
Where a Customer pays against a purchase order or a tender, we invoice and refund in line with that process and its approved terms. Terms printed on a purchase order do not change this policy unless we agree to them in writing.
17.5 Payment by a third party
If a parent organization, group head office or financing partner pays on a Customer’s behalf, refunds are made to the party that paid, unless both agree in writing that they should go to the Customer.
18. Account suspension and termination: effect on payments
- Suspension for non-payment does not pause the Subscription Term or the fees for it. Access is restored once the overdue amount is paid, and suspension never deletes data.
- If we terminate a subscription because of the Customer’s uncured material breach, fees for the current term are not refunded, and any unpaid fees accrued up to termination become due.
- If the Customer terminates because of our uncured material breach, or we terminate other than for the Customer’s breach, or we stop offering the service, we refund the unused part of prepaid fees under section 10.
- If the Customer becomes insolvent or ceases to carry on business, fees accrued up to that date remain payable, and any refund owed to the Customer is paid to it or to its lawful representative.
- Amounts the Customer owes us may be set off against a refund we owe it, and we will show the calculation.
19. Your data after cancellation or termination
Whatever the reason a subscription ends, the Customer has 30 days afterwards to export its data, and we do not charge for export at the end of a subscription. Where the Platform does not provide an export for some of the data, we provide it on request within that period in a commonly used, machine-readable format. After the 30 days, we delete the Customer’s data from the live systems within a further 60 days, unless the law requires us to keep it or the Customer has agreed in writing that we keep it longer. Because hospitals must keep medical records for set periods, we strongly recommend exporting before the window closes. See our Privacy Policy for what we retain for our own legal obligations.
20. Payments made by patients to hospitals and clinics
Hospitals and clinics can use Nirogix to bill their patients and, where they enable it, to accept online payments through a payment gateway connected to their own merchant account. In those transactions the hospital or clinic is the seller and receives the money; we do not receive, hold or control it.
If you are a patient seeking a refund or cancellation of a consultation, appointment, test, medicine, deposit or any other charge, please contact the hospital or clinic you paid. Its own refund policy applies, and it issues the refund through its payment provider or at its counter. We can help the hospital trace a payment record, but we cannot issue or approve refunds for it.
21. Exceptions
- We may, at our discretion, offer a refund, credit or extension beyond what this policy requires, for example after a significant service incident. Doing so once does not create an obligation to do so again.
- We may refuse or delay a refund where we reasonably suspect fraud, money laundering or a payment made with funds the payer was not entitled to use, and may report it to the authorities as the law requires.
- Nothing in this policy limits a right the Customer has under a law that cannot be excluded by agreement.
22. Customer support and contact
For billing questions, cancellations and refund requests, contact us by email to jaivik@thefortunetech.com, or through the account contact named in your Order Form. Day-to-day support is described on our Support page.
If you are not satisfied with how a refund or cancellation was handled, you may raise a grievance with the Grievance Officer, Takoriya Technology LLP, by email to jaivik@thefortunetech.com. We acknowledge grievances within two working days and resolve them within one month. Takoriya Technology LLP, Mehsana, Gujarat, India.
23. Changes to this policy
We may update this policy from time to time. The date at the top shows when it was last updated. We give Customers at least 30 days’ notice of a material change, and a change that reduces a Customer’s refund rights applies to that Customer from its next Renewal Date. Refund requests are handled under the version in force when the payment was made.