In my opinion, that should have been the norm always, I can understand some exceptions like some cases with the grey market(or accounts that have been stolen, and special cases), but every other refund should be delivered in my opinion. But yeah, the TOS that applies to the backers prior to this TOS change is the old TOS not the new one.
Because of this:
Cool, cheers. So a lot of this is a mountain out of a mole hill.