Terms & Conditions of Statutory Advisory
Legal terms, engagement scope, documentation standards, and jurisdictional parameters governing industrial compliance consultancy with Harveni Group.
1. Scope of Statutory Engagement & Retainers
These Terms & Conditions constitute the baseline legal framework governing all professional advisory retainers, statutory filings, site inspections, environmental audit reports, and turnkey clearance projects undertaken by Harveni Group of Consultancy Services Pvt. Ltd. (“Harveni Group”, “we”, or “consultant”) on behalf of client enterprises, factory promoters, EPC contractors, and corporate entities (“client”).
Harveni Group acts as an authorized professional representative, preparing regulatory applications, coordinating competent person certifications, compiling audit dossiers, and liaising directly with competent statutory authorities.
2. Regulatory Independence & Government Discretion
While Harveni Group guarantees professional rigor, flawless dossier compilation, and strict adherence to codified citizen charters, the ultimate sovereign power to sanction or reject an application remains vested by law in designated public officers.
3. Client Obligations & Document Authenticity
The timely issuance of government sanctions is inextricably linked to the authenticity of client records. The client warrants and covenants that:
- Accuracy of Technical Submissions: All architectural drawings, machinery capacity schedules, chemical inventories, land title deeds, and environmental emissions data furnished to Harveni Group are truthful, accurate, and lawfully verified.
- Timely Signature & Authorization: The client shall promptly execute authorized representations, digital signature tokens (DSC), notarized affidavits, and site inspection authorizations required by statutory portals.
- Site Readiness: Where approvals necessitate physical inspection by departmental inspectors (such as DISH or Fire Services), the client shall maintain the factory premises in conformity with the approved drawings.
4. Statutory Timelines & Government Portal Downtime
Timeline commitments (e.g., 7–12 business days for Single Desk approvals, 30 days for CTE/CTO) are derived from statutory Citizen Charters enacted under state industrial facilitation statutes. Harveni Group commits to meeting all internal filing milestones within 48 to 72 hours of receiving complete client documentation.
Harveni Group shall not be held liable for project delays caused by external statutory contingencies, including:
- State Single Desk or central portal server downtime or technical payment gateway errors.
- Government policy moratoriums, gazette amendments, or zoning reclassifications.
- Public election model codes of conduct temporarily restricting departmental sanctions.
5. Statutory Fees, Government Chalans & Retainer Terms
Statutory fees mandated by government boards (e.g., APPCB consent fees, DISH factory licensing chalans, CEIG inspection fees) are separate from Harveni Group’s professional advisory retainers:
- Direct Government Chalans: Government statutory fees are calculated strictly as per prescribed fee matrices and are payable directly by the client to the state treasury or through escrow chalan disbursements.
- Professional Advisory Invoices: Harveni Group’s professional consulting retainers are invoiced as per milestone deliverables agreed in the formal proposal (e.g., 40% advance on dossier compilation, 40% on departmental submission receipt, 20% on final certificate handover).
- Taxes: All advisory invoices are subject to prevailing Goods and Services Tax (GST) under Indian tax laws.
6. Confidentiality & Non-Circumvention
Both parties covenant to maintain the highest standard of corporate confidentiality. Proprietary technical methodologies, competent person audit formats, and statutory templates supplied by Harveni Group remain the intellectual property of Harveni Group.
Neither party shall solicit, hire, or engage the other party’s technical personnel or compliance auditors without prior written consent for a period of twelve (12) months following engagement termination.
7. Limitation of Professional Liability
To the maximum extent permitted by Indian law, Harveni Group’s aggregate monetary liability arising from any professional negligence, advisory omission, or breach of contract shall be strictly capped at the total professional advisory fee received by Harveni Group for that specific service deliverable.
Harveni Group shall not be liable for indirect, consequential, operational downtime, or liquidated commercial damages arising from departmental processing delays or regulatory policy revisions.
8. Dispute Resolution, Governing Law & Jurisdiction
All contracts, retainers, and disputes arising out of or in connection with our services shall be governed exclusively by the laws of India.
In the event of any commercial or professional dispute, the parties shall first attempt friendly resolution through senior corporate executive mediation. If unresolved within thirty (30) days, the dispute shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996, conducted in Vijayawada, Andhra Pradesh.
The civil courts located in Vijayawada, Andhra Pradesh, India shall have exclusive territorial jurisdiction over any legal proceedings arising from our services.
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