This Site is owned and operated by Anita Brown 3D Visualisation, 62 Donegall Quay, Belfast, BT1 3NJ. The Site offers Users (as defined below) access to information, resources, discussion forums and other content assets owned or licensed by the SketchUp Hub.
Please note that all visitors and members in any category will be referred to hereafter as “User” in this Agreement. Each User must be 18 years or older to establish a “Member Profile”. “Member Profile” means the account (the “Account”) registered to any User pursuant to the registration procedures for the Site. The Terms of this Agreement apply to all Users. The User for any Member Profile Account is entirely liable for all activities conducted through that Account.
When you register yourself or your organisation as a Member of the SketchUp Hub you must provide the requested contact information and general information about you and your organisation. We will also ask you to create a Username and Password. This information allows us to maintain a Member Profile for each Member so that we have a better understanding of the needs of our Members so we can then customise preferences for each specific Member, as well as provide better Sites and more efficient methods for Users to contribute and receive information. As a registered Member you will be automatically be placed on a list to receive the SketchUp Hub email newsletter that is sent monthly to all Members. At the end of your first year as a registered Member, you may be notified that it is time to either (i) renew your membership or (ii) upgrade from one membership category to another, or (iii) to opt-out of your membership entirely.
We may use the information we collect during the registration process to occasionally notify you about important functionality changes to the Website and new Sites from the SketchUp Hub.
Non-transferability of Membership
As a registered Member of this Site, the SketchUp Hub grants you a personal, non-exclusive, non-assignable, and non-transferable license to use and display the information offered by the Site on any machine(s) of which you are the primary user. You acknowledge that you may not sublicense, transfer, sell, or assign this license or the Site without written authorisation from the SketchUp Hub. Any attempt to sublicense, transfer, sell, loan, or assign the license may result in its immediate termination.
You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.
If you wish to purchase any product or service made available through the SketchUp Hub (“Purchase”), you may be asked to supply certain information relevant to your Purchase including your credit/debit card number, the expiration date of your credit/debit card, your billing address, and your shipping information. Rest assured none of your personal or payment details will be shared with any third party – please see ‘Personal Information Security’ for further information.
You represent and warrant that: (i) you have the legal right to use any credit/debit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that we, the SketchUp Hub, is not responsible for any loss or damage arising from the submission of false or inaccurate information.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that the SketchUp Hub cannot accept any liability for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your order if fraud, an unauthorised or illegal transaction is suspected or default of payment on instalment options.
All of our training materials come with a 30 day money back guarantee. A request should be made within 30 days of purchase and emailed to the SketchUp Hub (firstname.lastname@example.org) at which point we will refund the course fees. Should this 30 day period have expired we, the SketchUp Hub, have no obligation to return any monies paid for course materials or cancel any installment package, if applicable.
The 30 day money back guarantee does not apply to physical workshops, where payment is non-refundable but the booking can be transferred and does not apply to the sale of 3D models.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on our site. The products or services available on our site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the site and in our advertising on other websites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section “Availability, Errors and Inaccuracies” is without prejudice to existing statutory rights.
When paying for course materials in full, customers will receive log in details to access their training materials immediately after purchase. The SketchUp Hub confirms that should any updates on course materials be necessary, these will of the same high standard as the original course material.
Within 48 hours of accessing course materials, any inefficiencies or inaccuracies should be reported to the SketchUp Hub immediately. Complaints involving inaccuracies will not be accepted after this time.
Should the SketchUp Hub be unable to provide training materials and support after purchase, a full refund will be given. This does not apply to physical workshops.
Courses and Discounts
It is the responsibility of the customer to be compliant with any course entry requirements, if applicable. It is the responsibility of the customer to ensure that his/her computer system has the sufficient hardware and software configuration to install and run SketchUp Make and/or SketchUp Pro, prior to purchasing any courses from the SketchUp Hub.
Included within the cost of the course is access to two hours email support (which will provide support on navigating the SketchUp Hub and/or provide support when using SketchUp but only for the specific course purchased), which expires 14 days after date of purchase. Should a Customer wish to extend this support, this can be negotiated by contacting the SketchUp Hub. Please be aware the SketchUp Hub is under no obligation to grant extensions to email support.
Every course purchase includes 10% discount off the Silver and/or the Gold tiers of Anita Brown 3D Visualisation’s pricing plans. These discounts can only be used once and must be claimed within three months of purchasing the course.
Students of recognised educational establishments are entitled to 25% discount off the entire (bundled) course. Proof of student status and confirmation of the educational establishment/course enrollment is required before access to the SketchUp Hub course is granted. SketchUp Hub reserves the right to reject applications by students, based on the information they provide iro student status, educational establishment and course enrollment.
From time to time, the SketchUp Hub may offer additional discounts and sale prices at its own discretion, in addition to the discounts listed above.
Intellectual Property Rights
All Intellectual Property Rights on the Site via PDF and other file downloads, images, course materials and videos made by trainers are, and remain, the intellectual property of the SketchUp Hub.
You are not authorised to:-
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the course materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means any of the content contained within the SketchUp Hub;
(iii) use the course materials in the provision of any other course or training whether given by us or any third party trainer;
(iv) remove any copyright or other notice of the SketchUp Hub on the course materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the online courses and associated content.
Breach by you of this clause shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the online courses/SketchUp Hub website.
The Site provides certain benefits for registered Members and derives its revenue from the production and distribution of those benefits for the exclusive use of registered Members. Users of the Site acknowledge that the duplication, sharing of and/or redistribution of content, information, data, or other intellectual property gained through exclusive access to the Site to any other party would be a violation of applicable copyright laws and therefore would cause harm to the Site. Members hereby agree that duplication, sharing and/or redistribution of any materials to any non-member shall require prior written authorisation from the owner of the SketchUp Hub. It is further agreed, that any specific instance in which written authorisation is granted by the Site, does not authorise the Member to duplicate, share and/or redistribute any other material than that for which written authorisation was granted.
As part of the registration process each Member will select a Username and Password. You shall provide the SketchUp Hub with accurate, complete, and updated information. You agree to notify the SketchUp Hub by email at email@example.com of any known or suspected unauthorised use(s) of your User Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your Username and/or Password. You shall be responsible for maintaining the confidentiality of your Password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your User Account, at the SketchUp Hub’s sole discretion, and you may be reported to appropriate statutory authorities.
Personal Information Security
The SketchUp Hub implements a variety of standard web security measures to maintain the safety and security of your personal information. Of course any User who has not registered as a Member may use the site anonymously as a visitor, but any personal information you provide to become a Registered Member will be protected by secured networks and is only accessible by a limited number of employees who have special access rights to such systems. We recommend that, if you share your computer or use a computer that is accessed by the general public (i.e. a University or library, etc.), you remember to close your browser window when you have finished your session. This will help to ensure that others cannot access your personal information.
Personal Information to Other Parties
The SketchUp Hub does not sell or otherwise transfer email addresses or other general information that visitors voluntarily provide in any registration process. This information is collected and used to better understand Users’ use of the Site and to support related transactions made on the site. The SketchUp Hub may also use email addresses and other personally identifiable information to communicate with Users who initiate communications with the SketchUp Hub.
The SketchUp Hub may disclose your personally identifiable information if we believe in good faith that we are required to do so in order to comply with applicable law, a court order or other legal process. We may also disclose this information if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our terms of Site or to protect the safety of our Users and the public.
Termination of Membership
The SketchUp Hub membership is effective until terminated by either party. Paid memberships are effective until they expire, at which time they are terminated by either party. You may terminate your membership and your right to use the Site at any time by sending an email to the SketchUp Hub, stating your reasons for terminating. The SketchUp Hub may terminate your account or access rights to this Site immediately without notice, if in the SketchUp Hub’s sole discretion, you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all materials obtained from this Site and all copies thereof. The SketchUp Hub may terminate the Site, or any element of the Site, at any time without notice. Refunds will not be issued for cancelled or terminated memberships, if applicable.
Third Party Links
In an attempt to provide increased value to Users, the SketchUp Hub may provide various third party website links from this website. However, even if the third party is affiliated with the SketchUp Hub, the SketchUp Hub has no control over these linked sites who may each have separate privacy and data collection practices, and which are independent of the SketchUp Hub. Neither the SketchUp Hub nor any of its affiliates and contractors, have any responsibility or liability for these independent policies or actions and no such party is responsible for the privacy practices or the content of such websites. These linked sites are only for your convenience and you therefore access them at your own risk. Nonetheless, the SketchUp Hub seeks to protect the integrity of its website and the links placed upon it and therefore requests feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Third Party Content
Any opinions, advice, statements, Sites, offers, or other information or content expressed or made available by third parties, or any other user of the Site, are those of the respective author(s) or distributor(s) and not of the SketchUp Hub.
Solicitation and Advertising
You may not use this Site to send unsolicited advertising, promotional material, or other forms of solicitation to other users except in specific areas designated for such a purpose.
Adult and Offensive Material
The SketchUp Hub prohibits the transfer or posting on this Site of nudity, pornographic or adult material, sexually explicit images or descriptions involving sexual behavior, or other content deemed discriminatory or offensive by the SketchUp Hub according to community standards and applicable laws and regulations.
Disclaimer of Warranty; Limitation of Liability
Each User expressly agrees that use of the Site is at his or her sole risk. We do not warrant that the Site will be uninterrupted or error free; nor do we make any warranty as to the results that may be obtained from use of the Site or as to the accuracy, reliability or content of any information provided through the Site. The disclaimer of liability contained in this section applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action. Each User specifically acknowledges that the SketchUp Hub is not liable for the defamatory, offensive or illegal conduct of other third parties, subscribers, or other Users of the Site and that the risk of injury from the foregoing rests entirely with each User. Subject to the maximum permitted exclusions applicable by law in no event will the SketchUp Hub or any person or entity involved in creating, producing or distributing the Site be liable for any direct (including loss of profit and/or revenue), indirect, incidental, special or consequential loss or damages arising out of the use of or inability to use the Site or out of the breach of any warranty.
Each User hereby acknowledges that the provisions of this section shall apply to all content on the Site. The SketchUp Hub neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Site, nor for any offensive, defamatory or obscene posting made on the Site by anyone other than its employee spokespersons while acting in their official capacities. Under no circumstances will the SketchUp Hub be liable for any loss or damage caused by reliance on information obtained through postings on the Site.
The SketchUp Hub does not endorse, warrant or guarantee any product or Sites offered by a third party through the Site and will not be a party to or in any way monitor any transaction between Users and third party providers of products or Site. As with the purchase of a product or Sites through any medium or in any environment, each User should use her or her best judgment and exercise caution where appropriate. Each User specifically acknowledges that in no event will the SketchUp Hub, our affiliates, nor any of their respective employees or agents be liable for any direct, indirect, incidental, special or consequential loss and/or damages arising out of (i) the use by such user of any browser owned or operated by any third party and/or (ii) the downloading of any software owned or operated by any third party.
We shall have the right, but not the obligation, to monitor the content of the Site to determine compliance with this Agreement and any other operating rules including our Content Standards as updated from time to time and established by us. We shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site. Without limiting the foregoing, we shall have the right to remove any material that we, in our sole discretion, find to be in breach of the provisions hereof or, otherwise objectionable. Notwithstanding this right, Users shall remain solely responsible for the content of their messages. Each User acknowledges and agrees that neither the SketchUp Hub nor any third party content provider shall assume or have any liability for any action or inaction by the SketchUp Hub or any third party content provider with respect to any conduct, communication or posting on the Site.
By uploading a Product on the Site and offering them for Sale or free download, the Seller accepts the terms herein. By purchasing or downloading Products on the Site, the Buyer accepts the terms herein.
These terms apply in conjunction with the General Terms above.
MEMBER‘S RIGHTS, OBLIGATIONS AND REPRESENTATIONS
Rights, Obligations and Representations of the Seller
Members may only upload Content they own or otherwise have the right to use and upload. SketchUp Hub does not own any Content uploaded by Members.
By uploading a Product, the Seller shall be deemed to represent that such Product and use of this Product permitted by General Terms does not infringe the intellectual property of any other party and that the Seller had obtained all necessary model or property releases for use and licensing of the Product. All Members should consult their own legal advisors to determine whether a particular model or property release form and (or) any applicable contract is suitable or necessary for uploading particular Product or for a particular use of a Product, or whether such use is a fair use. Sellers should understand that licenses of Product without a release attached may be negatively impacted, if a release is deemed necessary by Buyers or their legal advisors.
Sellers may not upload Product or add Content that violates any international or domestic law, statute, ordinance, or regulation. Content cannot be defamatory, libellous, pornographic, obscene, offensive or evocative of racial hatred of any kind, and cannot contain any viruses, spam, malware or other programming routines that detrimentally interfere with computer systems or data.
Sellers should keep a backup of their own uploaded Products at all times. Sellers’ files uploaded to the Site cannot be used as a backup source.
For any Product/Content uploaded to the Site or otherwise submitted to SketchUp Hub, the Seller grants and represents that he has the authority to grant to SketchUp Hub a non-exclusive, worldwide, royalty-free, license in any medium now known or hereinafter invented to:
– reproduce, sell, and distribute net proceeds from any sale, in whole or in part on Seller’s behalf;
– to publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes;
– create and use samples of the Product for the purpose of advertising, demonstrating or promoting Seller products or services or those of SketchUp Hub;
– use any trademarks, service marks or trade names incorporated in the Product in connection with Seller material;
– use the name and likeness of any individuals represented in the Product in connection with your material.
All of the aforementioned license rights shall be used by SketchUp Hub exclusively to ensure proper administration and promotion of the Site.
Seller retains ownership of the copyrights and all other rights in the Product, uploaded to the Site, subject to the non-exclusive rights granted to the SketchUp Hub and the Buyer. Seller is free to grant similar rights to others during and after the term of this General Terms.
By uploading a Product to the Site, the Seller represents and warrants that:
– the Product is his/her original work, and contains no copyrighted material of any kind that Seller is not the exclusive owner of, including but not limited to: music and/or synchronization rights, images (moving or still) of any kind, writings of any kind, and model clearances/releases;
– Seller has full right and power to enter into and perform this agreement, and have secured all third party consents necessary to enter into this agreement;
– the Product does not and will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights;
– the Product does not and will not violate any law, statute, ordinance or regulation;
– the Product is not and will not be defamatory, libelous, pornographic, obscene or evocative of racial hatred of any kind;
– the Product does not and will not contain any viruses or other programming routines that detrimentally interfere with computer systems or data;
– the Product does not contain any material that, as a condition of use, requires additional license restrictions such as requiring the publication of source code or Product that limits commercial exploitation of Incorporated Product;
– all factual assertions that Seller has made and will make are true and complete. Seller agrees to execute and deliver documents to SketchUp Hub and (or) Buyer, upon their reasonable request, that evidence or effectuate their rights under this agreement.
Rights, obligations and representations of the Buyer
The Buyer may not use the Product, downloaded from this site in a manner that infringes the intellectual property of any other party. The Buyer may not reverse engineer any Product and must abide by the terms of the license granted to the Buyer under this General Terms, as well as any additional Seller terms included with the Product.
Following the payment of any applicable license fee for any Product, the Buyer may download the Product from the Site and use it in accordance to the applicable license terms.
Prior to concluding the contract the Buyer shall give express content of waiving his or her 14-day right of withdrawal regarding the digital content (the Product).
TERMS OF LICENSE AGREEMENT BETWEEN THE SELLER, SKETCHUP HUB AND THE BUYER
General Terms of Licensing
Following the payment of any applicable license fee for Product, the Buyer acquires a license in accordance with the terms and conditions of this section. Any license rights relating to the Product are contingent upon the transfer of money (except for free Products) from the Buyer to SketchUp Hub. All license rights terminate immediately and without notice if a sale is reversed for any reason.
Upon uploading the Product to the Site, the Seller shall indicate the terms of license, upon which a respective Product is licensed to the Buyer. If the Seller does not indicate any licensing conditions in his posting, terms of Royalty Free license (see section 21 “Royalty Free License”) shall be applicable.
Certain Products with third party copyrighted or trademarked images, logos, brand names, etc., may require additional licensing, rights, permissions, releases, or clearance for use. It is the sole responsibility of the Buyer and their legal advisor to determine, before purchasing, downloading or using any Product, whether additional licensing, rights, permissions, releases, or clearance are necessary for the intended use of Product. It is the Buyer’s sole responsibility to obtain any licensing, rights, permissions, or clearance. Buyers should understand additional licensing, rights, permissions, releases, or clearance may be relevant for Product, if the intended use involves religious groups or affiliations, pharmaceuticals, health care, tobacco, liquor, adult entertainment, personal hygiene, birth control, or any other area that could be considered sensitive, offensive, or immoral.
All licenses of the Products are non-transferrable. Buyers do not own any Product and are only licensed to use it in accordance with terms and conditions of the applicable license. Unless explicitly provided for in custom license terms set forth in the Product description area of the Site, provided by SketchUp Hub, the Seller retains copyright in Products purchased or downloaded by any Buyer.
The license to use the Product is non-exclusive, non-transferable and is granted only to you as the original Buyer.
Any Product, returned to SketchUp Hub and (or) the Seller in accordance with applicable law for whatever reason must be destroyed by the Buyer immediately. The license to use any Product is revoked at the time Product is returned. Product obtained by means of theft or fraudulent activity of any kind is not granted a license.
By using the Site and (or) accepting this agreement the Seller agrees that any additional end user license agreements, licenses, custom licenses, or Seller requirements inserted into Seller Products in any area outside that explicitly provided by SketchUp Hub for additional license terms are invalid, void ab initio, and without effect as they relate to those purchases made on the Site.
Nothing in this agreement shall be construed to mean that a Seller may not submit or delete Content from the material submitted by such Seller as part of general maintenance of such Seller’s account.
Royalty Free License
Product may not be sold, given, or assigned to another person or entity in the form it is downloaded from the Site.
The Buyer’s license to Product in this paragraph is strictly limited to Incorporated Product. Any use or republication, including sale or distribution of Product that is not Incorporated Product is strictly prohibited. For illustration, approved distribution or use of Product as Incorporated Product includes, but is not limited to:
– as rendered still images or moving images; resold as part of a feature film, broadcast, or stock photography;
– as purchased by a game’s creators as part of a game if the Product is contained inside a proprietary format and displays inside the game during play, but not for users to re-package as goods distributed or sold inside a virtual world;
– as Product published within a book, poster, t-shirt or other item;
– as part of a physical object such as a toy, doll, or model.
If you use any Product in software products (such as video games, simulations, or VR-worlds) you must take all reasonable measures to prevent the end user from gaining access to the Product. Methods of safeguarding the Product include but are not limited to:
– using a proprietary disc format such as Xbox 360, Playstation 3, etc.;
– using a proprietary Product format;
– using a proprietary and/or password protected database or resource file that stores the Product data;
– encrypting the Product data.
Without prejudice to sub paragraphs above, the Seller grants to the Buyer who purchases license rights to Product and uses it solely as Incorporated Product a non-exclusive, worldwide, license in any medium now known or hereinafter invented to:
– reproduce, post, promote, license, sell, publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes
– use any trademarks, service marks or trade names incorporated in the Product in connection with Seller material;
– use the name and likeness of any individuals represented in the Product only in connection with Your material.
Absent a written grant of rights greater than that contained in section “Royalty Free License”, all other rights or sub-divisions of rights generally included in copyright are excluded from this license and remain the property of Seller.
The resale or redistribution by the Buyer of any Product, obtained from the Site is expressly prohibited unless it is an Incorporated Product as licensed above.
In addition to the restrictions that are applicable to the Royalty Free License, certain Products may be marked “editorial” or “editorial license” and has additional license restrictions.
Buyer’s may only use Products marked “editorial” or “editorial license” for legitimate, editorial purposes on some issue of journalistic, editorial, cultural or otherwise newsworthy value. Examples of editorial use/fair use may include illustrating issues of general interest, social commentary, reporting news, etc. Editorial uses include use of the Product in a news program, news-related website, or news-related video media. The Buyer understands and agrees that such Products may contain material that is not released from its rights holders.
Terms of the Custom License shall be deemed applicable if and only if the Seller provides additional license terms in the Product description area. Such additional license terms shall be applied and interpreted as additions and (or) exceptions to the terms and conditions, set forth including “General Terms of Licensing” and “Royalty Free License”.
License for Products that are offered for free download
A Product which is offered as a free download shall be downloaded under the same terms of a Royalty Free License, unless otherwise stipulated.
Process of purchases and payments
Seller authorize SketchUp Hub to collect money from the Buyer and distribute payment amounts to Seller, tax authorities, or other entities as the case requires under this agreement and in compliance with legal regulations.
Every calendar month by the twentieth (20) day, or the following business day if the twentieth is weekend or holiday, SketchUp Hub will pay the Seller its royalty payments according to agreement reached between the Seller and SketchUp Hub.
CGTrader reserves the right to withhold payments in the following cases:
– the amount is below the minimum allowed for a monthly royalty payment (which is £50);
– Seller’s payments are on hold because previous payment to Seller failed to be received;
– Seller has provided inaccurate payment information;
– there is violation of Site policies that must be reconciled before any payment is made.
If user is from EU VAT zone SketchUp Hub will detect buyer’s location and charge VAT which is applied in that particular country. VAT will be deducted from the purchase price and transmitted to local authorities using the VAT MOSS system. SketchUp Hub will calculate and pay royalties to Sellers after VAT deduction.
If a purchase is reversed after you have been paid or if for any reason SketchUp Hub has already paid to you in excess of the correct royalty payment, you acknowledge that such overpayment is due from you to SketchUp Hub and authorize SketchUp Hub to deduct from your future payments. If you discover or become aware of overpayment, you agree to notify SketchUp Hub of such occurrence and settle it accordingly.
The parties are solely responsible for determining whether it is required by applicable law to issue any formal invoices and pay any other taxes that might apply to them. SketchUp Hub takes no responsibility for determining the necessity of or for issuing any other formal invoices, or for determining, remitting, or withholding any taxes applicable to paid fees, except for the VAT.
Refund & Return Policy of Purchased 3D Models
Contact SketchUp Hub within 30 days of purchase, and advise of the problems being experienced with the purchased 3D model.
SketchUp Hub will grant a full refund:
- If the purchase is broken or misrepresented
- If the 3D model in question was not downloaded
SketchUp Hub will give you store credit:
- If a model is not faulty but you realize it won’t work for your needs
- If you accidentally purchase the wrong model and downloaded it
Please note: SketchUp Hub reserves the right to limit or decline returns or store credit for items that are not faulty or items that were purchased more than 30 days prior to the refund request.