Miloliu terms
Cancellation and refunds
Care plans run a month at a time, so stopping is never difficult. On top of that, a consumer taking on a new plan has fourteen days in which to change their mind, and this page sets out both.
Who you are dealing with
Miloshko Liubov trading as Miloliu
83 Car Rd, Cumnock KA18 1HL
Miloliu is a trading name used by one person rather than a company. Emails are answered on working days, and the address above is a home rather than an office to call at.
How to read this page
- Applies to youTrue for anybody reading this site.
- Applies once a plan is runningStarts to matter when a care plan of yours is under way.
- Does not apply to youKept on the page, with a line saying why it is not your situation. Leaving it out would only make it look as though the question had not been asked.
The fourteen days you get at the start
Applies to youIf you are dealing with me as a consumer, you have fourteen days from the day the agreement is made in which to cancel it, for any reason or for none. The wording below is the model the regulations themselves set out.
Right to cancel
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right to cancel, you must inform us (Miloshko Liubov trading as Miloliu, 83 Car Rd, Cumnock KA18 1HL, liu@miloliu.site) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We will make the reimbursement without undue delay, and not later than 14 days from the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.
The wording above is the model text from Schedule 3, Part A of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, with three changes to it. My details are filled into the blank the model leaves for the seller. Where the model's first footnote offers a choice, the one for a contract for services is taken, so the period runs from the day the contract is concluded. And the two passages the model carries for goods are left out, because nothing sold here is a good: the deduction where returned goods have lost value, and the alternative deadline counted from the day goods come back. Its spelling and punctuation are the regulation's own. The model cancellation form it calls "attached" is set out further down this page.
If you asked me to start straight away
Applies to youIf you want the backups and the updates running at once rather than in a fortnight, the plan starts inside the cancellation period, at your request. That does not take the right to cancel away from you. It changes only the arithmetic: if you cancel after the work has begun, you pay for the part of the month that has actually been carried out, in proportion, and the rest comes back to you.
An example of the arithmetic, so it is not a surprise: a month that has run for seven days when you cancel is seven days of care to pay for, and the remainder of that month’s fee is refunded.
If you would rather nothing started until the fourteen days are up, say so when you accept the plan and nothing will. Your site simply carries on as it is until then.
How to cancel
Applies to youWrite to liu@miloliu.site, or to 83 Car Rd, Cumnock KA18 1HL, and say plainly that you are cancelling. A sentence is enough: there is no form to fill in, no reason to give and nobody to be talked round by.
You may use the model form below if you prefer one, but you do not have to. Whichever way you tell me, I will confirm it back to you by email so that you have the cancellation in writing and can show when it was made.
Model cancellation form
To Miloshko Liubov trading as Miloliu, 83 Car Rd, Cumnock KA18 1HL, liu@miloliu.site:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the provision of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate.
This one is reproduced word for word from Schedule 3, Part B of the same regulations. The only thing filled in is the addressee, which is the blank the form leaves for the trader. The bracketed asterisks and the note under them are the regulation's own.
Getting your money back
Applies to youA refund is made without undue delay and no later than fourteen days from the day I am told you are cancelling. It goes back by the same means you paid, unless you ask otherwise, and no fee of any kind is taken out of it.
There is no wording anywhere on this site saying that sales are final or that refunds are never given, because that would not be lawful and it is not how this works.
Files supplied immediately, and the consent that goes with them
Does not apply to youNothing sold here is a file supplied on the spot, so the rule that can end a cancellation right early has nothing to attach to.
Regulation 37 of the Consumer Contracts Regulations is about digital content that is delivered the moment you buy it. It lets the right to cancel end early, but only if the buyer expressly agreed to immediate delivery and acknowledged that the right would be lost by it.
Nothing on this site is sold that way. There is no download, no licence key and no tick box asking you to give up anything, so your fourteen days run their full course and are shortened only by your own cancellation.
Sending something back
Does not apply to youThere is nothing physical to return, so no return address, no postage and no deadline for sending anything back.
A care plan is work done to your own website. If you cancel, the only things that change hands are money and access: I stop, I remove my access, and you keep the site, the hosting, the logins and every record of what was done to it.
Stopping a plan after the first fourteen days
Applies once a plan is runningThis is how an ordinary month-to-month ending works once the cancellation period has passed.
A plan runs a month at a time. There is no minimum term, no notice period beyond the current month and no fee for leaving: write before the next month begins and it does not begin.
A month already paid for is not split into parts. The care in it - the daily backups, the updates, the watching - is carried out across the whole month, so the plan runs to the end of it and the final record is sent as usual.
Time you did not use
Applies once a plan is runningIt matters only on the two plans that include an allowance of time.
The monthly allowance of changes is an allowance, not a credit. Whatever is left of it at the end of a month ends with the month: it is not carried forward, it is not paid back in money, and it is not exchanged for anything else. This is said the same way on the care plans page and in the terms of service, and it is true on all three.
If the work is not up to standard
Applies to youRights the Consumer Rights Act 2015 gives you sit on top of everything above, and they are not affected by any cancellation period passing. A service must be carried out with reasonable care and skill (section 49) and, where no time was fixed, within a reasonable time (section 52).
If it was not, you can ask for it to be done again at no cost to you (section 55). Where doing it again is impossible, or cannot be done in a reasonable time or without significant inconvenience to you, you can ask for a reduction in price, which in some cases is the whole of it (section 56). Section 57 does not let me exclude or restrict those rights, and nothing on this site tries to.
Tell me at liu@miloliu.site what went wrong and when; the month’s record sets out what was done and when, which makes this quicker to settle than it sounds.
If I am the one who stops
Applies to youIf I end a plan - because I cannot get the access the work needs, because the site has become something I am not able to look after properly, or for any other reason - you get at least one calendar month’s notice by email, and anything you have paid for a month that has not yet begun comes straight back to you.
You are sent the final record, my access is removed, and the backups I hold are deleted after 30 days.
Complaints
Applies to youWrite to liu@miloliu.site with what happened and when. You will have a reply within five working days telling you what I am doing about it or what I still need to know.
If we cannot settle it between us, you are free to take independent advice from a consumer advice service, and nothing on this page or any other page of this site stops you from going to court. Which courts those are, and which country’s law applies, is set out at the foot of the terms of service.