Refund & Guarantee Policy

1. Policy overview
1.1. Diguct provides performance-backed growth partnership programmes for injection aesthetic clinics. Each paid programme tier includes an upfront fee and a clearly stated performance guarantee. Where expressly included in a signed Statement of Work (SOW), the Guarantee gives clients the right to a full refund of the upfront fee or to enter acquisition negotiations if Diguct fails to meet the agreed performance threshold during the defined initial measurement period.
1.2. This Policy explains: (a) which programmes are covered; (b) the guarantee metric and measurement method; (c) eligibility, documentation and cooperation required to claim a refund; (d) the independent audit and dispute resolution process; (e) the acquisition alternative; and (f) exclusions and force-majeure treatment.2. Applicable tiers and upfront fees
2.1. The Guarantee applies only to the HEGA programme tiers set out in a client’s SOW. The standard tiers and upfront fees are:
Profit Foundation — €20,000 upfront | 12-month programme | 25% equity stake (for clinics under €40K/month revenue).
Growth Intensive — €40,000 upfront | 9-month programme | 20% equity stake (for clinics €40K–€100K/month).
Pro Accelerator — €60,000 upfront | 6-month programme | 15% equity stake (for clinics €100K+/month).
2.2. Any variations to fees, timelines, or guarantee thresholds must be documented in the SOW signed by both parties. The SOW controls where there is any conflict with this Policy.3. The Performance Guarantee — summary
3.1. Core promise: When the SOW includes the Guarantee, Diguct commits to achieving a minimum 30% uplift in the client’s CLV:CAC ratio within the first six (6) weeks of active implementation (the “CLV:CAC Sprint”).
3.2. Remedies available if the Guarantee is not met (client choice):
(a) Full refund of the upfront fee paid to Diguct (subject to exclusions and permitted deductions — see §8 and §11); or
(b) Acquisition negotiations — an exclusive, good-faith negotiation window to discuss a business acquisition on terms using SDE and/or EBITDA valuation approaches as described in §12.
3.3. The Guarantee is an express contractual remedy additional to any statutory consumer rights that may apply; it does not replace or reduce mandatory consumer protections under EU or Dutch law (e.g., the right of withdrawal for consumers in distance contracts). For EU/Dutch distance sales rules and the 14-day cooling off period, see official guidance.4. Measurement methodology — baseline, formulas & sources of truth
4.1. Baseline period: Unless the SOW specifies otherwise, the baseline period is the 30 calendar days immediately prior to the official Service Start Date. Diguct and the Client will identify and agree the Baseline Date in the onboarding checklist.
4.2. CLV definition (for Guarantee purposes): CLV shall be calculated using the formula and projection period defined in the SOW. Typical approach used by Diguct (unless otherwise agreed):
CLV = (Average Order Value × Average Purchase Frequency per customer over Projection Period × Gross Margin) × Expected Customer Lifetime (expressed as months or years and converted into the projection timeframe). 4.3. CAC definition (for Guarantee purposes):
CAC = (Total Direct Acquisition Costs for covered channels during the measurement window + agreed direct implementation fees) ÷ Number of New Customers Acquired by those channels during the same period. 4.4. CLV:CAC Ratio: Calculated as CLV ÷ CAC, using the agreed projection and margin assumptions. Example: Baseline CLV:CAC = 1.0 → target = 1.3 for a 30% uplift.
4.5. Source of truth & required access: To calculate metrics, the Client must provide verified access to the following (as applicable and in the SOW):
CRM export (customers, purchases, timestamps).
Advertising platforms (Meta, Google Ads, TikTok, LinkedIn) or reconciled ad spend reports.
Payment processor / bookkeeping extracts showing gross revenue and refunds.
Any tracking or analytics connectors (UTM parameters, server side tracking) required to attribute conversions.
4.6. Measurement Date & Reporting: On Day 42 after Service Start (six weeks + allowance), Diguct will publish a Measurement Report that sets out raw source data, calculations, and reconciliation tables. The Client will have 7 business days to accept or raise a formal dispute to the Measurement Report (see §7).5. Eligibility criteria — cooperation, data & timelines
5.1. To be eligible for the Guarantee and any refund/acquisition remedy, the Client must:
(a) Deliver complete and accurate baseline data and platform access to Diguct at least 5 business days prior to the Service Start Date;
(b) Implement Diguct’s agreed technical and creative changes (e.g., pixel/server-side tracking setup, landing pages, agreed offer changes) in good faith and within the implementation windows set out in the SOW;
(c) Provide timely approvals, attend scheduled sprint sessions, and maintain primary contact availability (response within 48 working hours unless otherwise agreed); and
(d) Not block or materially impede Diguct’s access to the Clients’ ad accounts, CRM, payment gateways, or analytics during the Sprint.
5.2. Failure to meet the conditions in §5.1 (including providing false or materially inaccurate baseline data) may disqualify the Client from Guarantee relief. Diguct will provide written notice of non-eligibility explaining the factual basis.6. Claiming a refund — procedure & timelines
6.1. Initiating a claim: If the Client believes the Guarantee target was not met, they must, within 7 business days after the Measurement Report acceptance window ends, submit a written refund request to [email protected] with the following:
Signed statement confirming eligibility requirements under §5 were met;
Copy of the Measurement Report acknowledgement or disputed comments;
A clear statement whether the Client elects: (A) refund or (B) acquisition negotiations.
6.2. Review & confirmation: Upon receipt, Diguct will confirm receipt within 3 business days and, where appropriate, either:
Accept the refund request and begin processing (§6.3); or
If Diguct disputes the claim (e.g., on eligibility grounds or calculation methodology), initiate the independent audit procedure in §7.
6.3. Refund processing timeline: Where a refund is confirmed, Diguct will process a full refund of the upfront fee to the original payer within 14 working days of the confirmation decision. This timeline aligns with Dutch consumer refund practice and ACM guidance on refunds for cancellation — Diguct uses this standard for contractual guarantee refunds as a best practice.
6.4. Refund scope: Refunds cover the upfront programme fee only. Refunds do not automatically include:
Reimbursement of third-party ad spend, software subscriptions, or payments already paid by the Client to third parties;
Taxes, currency conversion or banking fees charged by financial institutions (these may be deducted if non-refundable by third parties); or
Any payments withheld under mandatory legal obligations (e.g., tax withholdings) or by court order.7. Independent audit & dispute resolution for measurement disagreements
7.1. Dispute window: If the parties cannot agree on the Measurement Report within the 7 business day review window, either party may trigger an independent audit.
7.2. Choosing the auditor: Parties will, within 5 business days, jointly select an independent auditor or analytics assessor with demonstrable experience in digital marketing analytics and small business revenue reconciliation. If the parties cannot agree on an auditor within the 5 business day window, a mutually recognised accounting or analytics firm appointed by the Netherlands Arbitration Institute (NAI) or another agreed appointing body will be used.
7.3. Scope & cost allocation: The auditor will be instructed to verify the calculations in the Measurement Report against the agreed SOW formulas and source data. Audit costs are borne as follows:
If the auditor finds Diguct did not meet the Guarantee, Diguct bears the audit cost.
If the auditor finds Diguct did meet the Guarantee, the Client bears the audit cost.
The auditor’s decision is final and binding for Guarantee purposes.
7.4. Time limits: The audit must be completed within 30 calendar days of appointment where reasonably possible. If the auditor’s investigation requires additional time, the parties will cooperate in good faith to extend timelines.8. Exceptions, exclusions & force majeure
8.1. Excluded circumstances: The Guarantee does not apply (and no refund will be granted) where the shortfall is caused by:
(a) Client non-cooperation (see §5);
(b) Material inaccuracy or fraud in the baseline data supplied by the Client;
(c) Third-party platform interventions outside Diguct’s control (ad account suspension, payment processor freezing, or major ad policy changes that prevent normal campaign activity);
(d) Unforeseeable regulatory or legal changes which render marketing channels illegal or materially ineffective;
(e) Significant market events (e.g., macroeconomic embargoes, sudden currency collapse in a target market) that materially distort performance and are outside Diguct’s control; or
(f) Force Majeure events as defined in the main services Agreement.
8.2. Where excluded events occur, Diguct will document the causal chain and provide remediation suggestions; parties may agree on an adjusted Guarantee timeline or waive the Guarantee by mutual written agreement.9. Acquisition alternative — process & valuation
9.1. Client election: Instead of a refund, the Client may elect to enter an exclusive 60-day acquisition negotiation period with Diguct (the “Negotiation Window”). The parties shall act in good faith to evaluate a possible acquisition of the Client’s business or assets.
9.2. Valuation methodology: Valuation approaches may include:
Seller’s Discretionary Earnings (SDE) method for owner-operated small businesses (SDE is the net earnings of the business before owner compensation, one-off items and discretionary expenses); or
EBITDA multiples for larger or more corporate structures (Enterprise Value = EBITDA × agreed multiple, adjusted for net debt and working capital).
Guidance on SDE/EBITDA methods is widely used in small business valuations; exact multipliers, normalization and working capital adjustments will be set out and negotiated in a term sheet and will depend on the clinic’s size, margins and growth profile.
9.3. Good-faith information exchange: During the Negotiation Window, the Client will provide standard due diligence documents under a confidentiality undertaking (financial statements, tax returns, customer lists, SOPs, supplier contracts). Any disclosure will be subject to a confidentiality agreement and a DPA where personal data is involved.
9.4. Outcome: If an acquisition agreement is executed within the Negotiation Window, the parties shall set closing mechanics, escrow (if any), and undertake normal pre-closing adjustments. If no agreement is reached by the negotiation deadline, the Client may then request a refund under §6 (subject to the timelines and audit outcome).10. Academy subscription programmes — consumer treatment & cancellation
10.1. The Clinic CEO Academy subscription plans (Starter €297/mo, Growth €797/mo, Pro €1,997/mo) are non-equity, subscription programmes and are governed by standard digital services rules.
10.2. Right of withdrawal (consumers): Where the Client is a consumer (i.e., an individual buying outside of a business context and not acting for professional purposes), EU/Dutch distance-selling rules normally grant a 14-calendar day withdrawal/cooling-off period for distance contracts. If the Academy’s digital content has not been accessed and the Client exercises the withdrawal right within 14 days, a full refund will be issued in accordance with statutory rules. For Dutch and EU guidance on distance sales and the 14-day withdrawal, see official consumer guidance.
10.3. Waiver upon access: If the Client (including a consumer) explicitly consents to immediate commencement of the Academy services and acknowledges loss of the right to withdraw (permitted under EU rules for digital content where performance begins with consumer’s consent), then the statutory 14-day withdrawal may not apply. Diguct will obtain explicit, documented consent before starting service in such cases.
10.4. Monthly subscription cancellations: For business accounts, cancellations are subject to the subscription T&Cs in the SOW or on the checkout page (e.g., billing cycle, notice periods). Any prorated refunds for unused periods are subject to the subscription terms.11. Taxes, fees & third-party costs
11.1. Refunds are gross of any non-refundable third-party costs paid by Diguct on the Client’s behalf (e.g., third-party media spend, software licenses, third-party vendor costs) unless stated otherwise in the SOW.
11.2. Banking fees, currency conversion fees or tax obligations that reduce the refundable amount will be disclosed in the refund confirmation.12. Recordkeeping, audit trail & compliance with Dutch law
12.1. Diguct will maintain a verifiable audit trail of the Measurement Report, onboarding evidence, communications, implementation checklists and any third-party invoices that informed the calculation. This record will be kept in line with Diguct’s data retention policy and Dutch tax/accounting requirements (accounting records may be retained for up to 7 years as required).
12.2. This Policy is interpreted and applied alongside the Dutch Civil Code and Dutch distance selling rules (Book 7, Part 7, including distance contracts provisions). For consumer distance-selling rules and statutory withdrawal periods, see Dutch government guidance and EU consumer law.13. Consumer protection & ACM practice
13.1. For consumer clients, Diguct complies with European and Dutch consumer protection rules. The Netherlands Authority for Consumers & Markets (ACM) enforces refund/withdrawal obligations and has compelled sellers to provide refunds promptly in cases of consumer withdrawal. Diguct adopts a maximum 14-day refund processing best practice for verified consumer refunds and will follow ACM guidance in consumer disputes.14. Fraud, misrepresentation & termination
14.1. Diguct reserves the right to decline or withhold refunds where there is credible evidence of fraud, material misrepresentation, or intentional manipulation of data by the Client.
14.2. If Diguct reasonably suspects fraudulent activity or wilful non-cooperation, it may suspend Services, halt live campaigns or terminate the Agreement in accordance with the SOW and main Terms & Conditions; any refund disputes in such cases may be subject to independent review.15. Confidentiality, Data Protection & DPAs
15.1. All measurements, reports, and negotiation disclosures will be treated as confidential information and processed in accordance with Diguct’s Privacy Policy and any signed DPA.
15.2. Where personal data is processed or transferred during audit or acquisition negotiations, Diguct will ensure appropriate safeguards (SCCs, encryption and access controls) and will act in compliance with GDPR obligations. For guidance on SCCs and international transfers, see official EU Commission resources.16. Notices & how to make a claim
16.1. How to submit a claim: Send all Guarantee or refund claims to [email protected] with subject line Refund Claim — [Client name] and include:
Signed SOW copy;
Proof of upfront fee payment;
Measurement Report acknowledgement or communication record; and
Contact details of the authorised client representative.
16.2. Diguct will acknowledge claims within 3 business days and will either confirm refund eligibility within 10 business days or start the independent audit process.17. Dispute resolution & governing law
17.1. This Policy and any disputes arising under it are governed by Dutch law. If the parties cannot resolve a dispute by negotiation, they will follow escalation and arbitration procedures stated in the main Services Agreement (including mediation and arbitration in the Netherlands, or NAI rules if selected).
17.2. Notwithstanding arbitration, either party may seek interim injunctive relief in a court of competent jurisdiction to

18. Changes to this Policy
18.1. Diguct may update this Policy from time to time. Material changes to the Guarantee or refund processing will be communicated to existing clients via email and will be reflected in new or amended SOWs. Continued participation in a programme after a change will constitute acceptance of the revised Policy.19. Miscellaneous & legal caveat
19.1. This Policy forms part of the commercial terms agreed in a Client’s SOW. It is not intended as legal advice. Clients are advised to seek independent legal advice where required. Diguct reserves all rights not expressly granted in this Policy.20. Key references & guidance (selected)
Dutch guidance on long-distance sales, withdrawal periods and consumer rights (Business.gov.nl).
ECC Netherlands / European consumer guidance — 14-day cooling off as baseline EU rule.
ACM enforcement and refund practice (examples & guidance).
Dutch Civil Code (Book 7 — distance contracts and consumer protection).
SDE & EBITDA valuation primer resources (common valuation practice for small business acquisitions).