TERMS AND CONDITIONS

1. GENERAL GOVERNANCE & SERVICES AGREEMENT

1.1 Scope of Platform & Services

Hiva Professionals operates as a professional business services and technology enablement provider. This Agreement applies to all websites, portals, subdomains, software solutions, and offline consultancy provided by Hiva Professionals.

1.2 Statutory Taxes & Invoicing

• All professional fees quoted or billed by Hiva Professionals are exclusive of Goods and Services Tax (GST) unless explicitly noted.
• GST e-Invoices and Input Tax Credit (ITC) benefits will be issued only if a valid GSTIN is provided by the Client prior to or at the exact time of payment processing. Hiva Professionals disclaims all liability for lost ITC if the Client fails to provide accurate tax details in a timely manner.

1.3 Government Fees & External Outlays

Fees charged by government bodies, regulatory authorities, trademark registries, or courts (e.g., filing fees, statutory stamp duty, registration charges) are distinct from our professional fees. These charges will be communicated upfront, collected on behalf of the Client, and remitted directly to the relevant authority.

1.4 Pricing, Payment Terms, & Scope Governance

• Minimum Base Rates: Prices listed are the minimum professional fees for respective services and are subject to change based on complexity, volume of work, urgency, and specific client requirements.
• Exclusion of Statutory & Out-of-Pocket Outlays: Government fees, statutory charges, stamp duty, filing fees, taxes, Digital Signature Certificate (DSC) charges, DIN/PAN/TAN fees, certification fees, and any other out-of-pocket expenses are not included in professional fees unless specifically mentioned.
• Quotation Variability: Final quotations may vary depending on the nature of the assignment, applicable laws, and regulatory requirements. Prices are valid until revised and supersede all previous price lists.
• Advance Payments: Professional fees are payable in advance or as per agreed payment terms prior to the commencement of the assignment.
• Out-of-Scope Services: Any additional work beyond the agreed scope-including responding to notices, legal representations, show-cause hearings, litigation support, amendments, rectifications, or re-filings-will be charged separately.
• Indicative Timelines: Timelines provided are indicative and strictly subject to approval and processing by respective government authorities.
• Consultation Formats: Unless specifically agreed otherwise, consultations and meetings will be conducted virtually via Video Conference (Google Meet, Microsoft Teams, Zoom, or similar platforms). Physical meetings may be arranged upon prior appointment and, where applicable, may involve additional charges.
• Promotional Policy: Discounts, membership benefits and promotional offers are subject to Firm policies and may be modified or withdrawn without prior notice.

2. USER OBLIGATIONS & ACCOUNT RESPONSIBILITIES

2.1 Account Accuracy & Client Information

• To utilize our services, software, or client portals, you may be required to register an account and provide personal or corporate details (such as official identification, contact information, and business parameters). You warrant that all information provided is accurate, current, and complete.
• Clients are strictly responsible for providing complete, accurate, and timely information and supporting documents. Delays caused due to incomplete information may affect the service timeline.

2.2 Account Security & Completion of Service

• You are solely responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account.
• Service Fulfillment Boundary: Our service obligation regarding platform access or digital setup is deemed complete once functional access to the portal or deliverable is granted. Ultimate statutory outcomes, compliance approvals, or operational decisions remain the exclusive responsibility of the Client.

2.3 Prohibited Activities

You expressly agree not to:

• Attempt unauthorized access to our platforms, servers, or networks via scraping, automated bots, or unauthorized API calls.
• Reproduce, re-sell, mirror, or reverse-engineer any intellectual property, workflows, or proprietary code provided by Hiva Professionals.
• Distribute defamatory, unlawful, obscene, or infringing content through any communication channels, feedback features, or forums hosted on our platforms.

3. INTELLECTUAL PROPERTY & CONFIDENTIALITY

• Our Assets: All software, interfaces, graphics, trade names, workflows, logos, and content made available on Hiva Professionals belong exclusively to the Firm and are protected under applicable intellectual property laws.
• User-Generated Submissions: Any non-confidential feedback, blog comments, or public postings made by you on our public forums grant Hiva Professionals a perpetual, worldwide, royalty-free license to use, publish, and adapt such content.
• Client Confidentiality: All documents and information shared by clients will be treated as strictly confidential and used solely for the purpose of providing professional services.

4. PROPRIETARY SOFTWARE & CLOUD SERVICES

Where Hiva Professionals provides access to software platforms, tools, or mobile applications for bookkeeping, tax preparation, or business management:

4.1 Data Handling & Privacy

We collect and process financial, operational, and customer data solely to perform our contractual duties, satisfy statutory obligations, and improve software performance.

4.2 Analytical Technologies & Third-Party Integrations

Our digital interfaces may utilize session tracking tools, cookies, and privacy-compliant web analytics to optimize performance. Third-party integrations (e.g., payment gateways, bank API connections) are subject to their respective security standards and operational terms.

4.3 Data Retention & Security

We employ industry-standard encryption protocols to protect your corporate and financial information. While we maintain rigorous safety measures, Clients are advised to maintain independent backups of critical business records. Data retention follows statutory requirement windows and internal operational guidelines.

5. SERVICE-SPECIFIC TERMS

5.1 Incorporation & Startup Filings

• Banking Services: Requests for bank account opening are facilitated with consent. Financial institutions reserve full authority to approve or reject account applications based on their internal risk policies.
• Capital Structure & Statutory Appointments: Charges for statutory auditors, local stamp duties (which vary by state and authorized capital limits), and additional name approval runs are payable as actuals or specified additions.
• Digital Signatures (DSC): Fees and KYC requirements for Digital Signature Certificates are dictated by Certifying Authority (CA) regulations and paid in accordance with active guidelines.

5.2 Intellectual Property Services (Trademarks, Patents, Copyrights)

• No Guarantee of Approval: Hiva Professionals assists in filing applications but cannot guarantee registration, as final approval rests entirely with the Trademarks Registry or relevant government controllers.
• Objections & Hearings: Government objections, oppositions, or show-cause hearings are subject to regulatory discretion. Additional representation fees may apply for handling oppositions or hearings.
• Client Audit Duty: Clients are responsible for checking the status of their trademark or patent applications via official government portals unless explicitly covered under an active managed service plan.

5.3 Tax, HR, & Statutory Compliances

• Verification Duty: The Client is solely responsible for verifying the accuracy and completeness of accounting entries, tax returns, and employee filings prior to final submission or signature.
• Scope Limits: Compliance packages (e.g., GST, TDS, ITR, PF) are priced according to specified thresholds (such as revenue limits, transaction counts, or employee headcounts). Operations exceeding these thresholds will incur supplementary charges.
• Penalties & Late Fees: Hiva Professionals is not responsible for statutory penalties, interest, or fines arising from incomplete, inaccurate, or delayed documentation provided by the Client.

5.4 Company & LLP Closure / Winding Up

• Eligibility Requirements: Applications for strike-off (e.g., Form STK-2 or LLP closure forms) require full compliance with statutory prerequisites, including active director status, settlement of liabilities, and account closures.
• Rejections: Hiva Professionals bears no liability for statutory rejection if the Client instructs the submission of closure documents without satisfying legal eligibility criteria. Government filing fees and notary charges are non-refundable.

6. CANCELLATION & NO-REFUND POLICY

6.1 Strict No-Refund & Non-Transferable Policy

• All Sales Are Final: All payments made to Hiva Professionals for consulting, corporate secretarial, filing, accounting, tax, or software enablement services are strictly non-refundable and non-transferable under any circumstances.
• Immediate Resource Allocation: Upon confirmation of payment, Hiva Professionals immediately allocates professional time, technology resources, and administrative overhead to your engagement. Consequently, no monetary refunds, bank transfers, or service credits will be issued once payment is received.
• Service Fulfillment Boundary: Our service obligation regarding digital setup, onboarding, or platform integration is deemed fulfilled upon granting access to the platform or commencing preliminary work. Ultimate statutory outcomes, government decisions, or client decision changes do not entitle the client to a refund or service credit.

6.2 No Service Swapping or Balance Reallocation

• Payments made for a specific service engagement cannot be reallocated, swapped, transferred, or credited toward any other service, project, or entity.

7. INDEMNIFICATION & LIMITATION OF LIABILITY

7.1 Limitation of Financial Liability

To the maximum extent permitted by applicable law, the total cumulative liability of Hiva Professionals, its directors, employees, or partners for any claim arising out of or related to our services shall be strictly limited to the amount actually paid by the Client for the specific service giving rise to the claim.

7.2 Consequential Loss Disclaimer

In no event shall Hiva Professionals be liable for any indirect, incidental, consequential, special, or punitive damages-including lost profits, operational downtime, loss of data, or statutory penalties-arising from the use of our platforms or services.

7.3 Client Indemnification

You agree to defend, indemnify, and hold harmless Hiva Professionals, its officers, employees, and agents from any third-party claims, liabilities, losses, or legal costs arising from your breach of this Agreement, provision of false data, or violation of any statutory law.

8. FORCE MAJEURE

Hiva Professionals shall not be held in breach of contract or liable for failure or delay in executing its obligations if such performance is hindered or rendered impossible by reason of acts of God, flood, fire, natural disasters, epidemics, wars, acts of terrorism, civil unrest, court orders, changes in statutory law, or major network/power blackouts beyond our reasonable control.

9. GOVERNING LAW & DISPUTE RESOLUTION

• Jurisdiction: This User Agreement and all legal relations between Hiva Professionals and its Clients shall be governed by and construed in accordance with the laws of India.
• Courts: All disputes arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the competent courts located where the Firm's principal office is located (Ahmedabad, Gujarat, India). You hereby irrevocably submit to the jurisdiction of such courts.

10. COMMUNICATIONS & CONTACT DETAILS

By engaging with Hiva Professionals, you explicitly consent to receive transactional, operational, and periodic service communications via email, phone, SMS, or instant messaging channels (e.g., WhatsApp).