Consultancy Project-Based Terms and Conditions

These terms and conditions are an extension of the general Terms and Conditions outlined on our platform. They apply specifically to milestone-based consultancy projects facilitated through our platform, such as Detailed Project Reports, Feasibility Studies, and similar deliverables.

By engaging in any consultancy project, both users and consultants agree to adhere to these additional terms, which are designed to clarify roles, responsibilities, and processes for successful project completion. These terms work in conjunction with the general platform terms and do not replace them.

For the general Terms and Conditions, please refer here.

Terms Summary

 

 

 

 

Definitions

1. Consultants:

• Refers to any entity providing consultancy services via the platform, including individual users or companies registered on the platform.

2. Users:

• Refers to entities procuring consultancy services through the platform, which may also include individual users or companies.

3. Platform:
   • Refers to Beyul Private Limited, the operator of the mywastesolution.com website and associated services, acting as an intermediary to facilitate consultancy engagements, payments, and related interactions between users and consultants.

 

Acknowledgement

By using the platform to provide or procure consultancy services, both consultants and users acknowledge that:

1. The platform’s role is limited to facilitating the connection and payment process.
2. Milestones serve as independent deliverables, and parties may terminate the project after any completed milestone.
3. All decisions made by the platform regarding disputed milestones are final and binding.

 

Role of the Platform

Beyul Private Limited (“Platform”) operates solely as an intermediary between consultants and users, facilitating connections, milestones, and payment processes. The platform does not:

1. Guarantee the quality or results of the consultancy services provided by consultants.
2. Act as a party to the contractual obligations or deliverables between consultants and users.

 

Milestone Structure and Work Completion

1. Milestone-Based Projects:

• Consultancy projects are divided into specific milestones, each having clearly defined deliverables, timelines, and limitations of scope.
• Details of each milestone are shared with both parties before project commencement via a dedicated milestone page. This page is referenced in the consultancy agreement and is available for review throughout the project.

2. Right to Terminate After a Milestone:

• Either party (consultant or user) may choose to terminate the project after the completion and acceptance of a milestone.
• Termination must be communicated in writing. No obligations shall exist beyond the deliverables and payment for the completed milestone unless otherwise specified in the project contract.

 

Payment and Refund Policy

1. Payments and Escrow:

• Payments for each milestone are held securely by the platform and are only released upon milestone completion and acceptance.
• Payments will be processed within 5 working days after the milestone is deemed accepted.

2. Refunds:

• Refunds for disputed payments will be processed at the sole discretion of the platform, based on the specifics of the dispute.

 

Review and Dispute Resolution

1. Review Period:

• Users are provided a standard review period of 5 working days to evaluate milestone deliverables.
• If no feedback or dispute is raised within this timeframe, the milestone is considered accepted, and payment will be released to the consultant.
• For subsequent reviews (e.g., after revisions), users have 2 working days to provide feedback. If more time is required, users must request an extension before the review period expires.

2. Disputed Deliverables:

• If the deliverables for a milestone are disputed, both parties must submit supporting evidence (e.g., drafts, feedback, communications) for review by the platform.
• Disputes must be raised within the specified review period for each milestone. Failure to raise disputes within this timeframe will result in automatic acceptance of the milestone.

3. Platform’s Final Authority:

• The platform has the sole authority to determine the outcome of disputes regarding milestone deliverables, including:
  • The extent of payment to be released to the consultant.
  • The refund amount, if any, to be returned to the user.
• All decisions made by the platform in such cases are final, binding, and non-appealable.

 

Revisions to Deliverables

1. Revision Limits:

• Consultants are required to provide up to two rounds of revisions for each milestone, provided the requested changes align with the agreed scope of work.
• Any additional revisions or changes outside the scope of the agreed deliverables will be treated as new work and may incur additional charges.

2. Timeline for Revisions:

• Users must request revisions within the designated review period for the milestone (e.g., 5 working days for the initial review, 2 working days for subsequent reviews).

 

Non-Solicitation and Anti-Circumvention Clause

1. Restriction on Direct Transactions:

• Both users and consultants agree not to engage in direct business transactions with each other outside the platform for any services initially facilitated by the platform. This restriction applies for a period of 12 months from the start date of the first project initiated on the platform between the user and the consultant.

2. Purpose of the Restriction:
   1. This restriction is in place to:
      1. Protect the platform’s business model and revenue generated from its services.
      2. Ensure transparency and accountability for ongoing and future transactions between users and consultants.
3. Prohibited Actions:
   1. Users and consultants are expressly prohibited from:
      1. Entering into agreements or contracts with each other for the same or related services facilitated by the platform without involving the platform.
      2. Bypassing platform fees or commissions through off-platform transactions.
      3. Sharing personal contact information or engaging in discussions aimed at moving ongoing or future transactions off the platform.
4. Exceptions to the Restriction:
   1. The following exceptions to this clause are recognized:
      1. Pre-Existing Relationships:
         1. If the user and consultant had a business relationship prior to connecting on the platform, they must disclose this relationship to the platform in writing before initiating any project.
         2. The platform reserves the right to validate the pre-existing relationship.
      2. Platform Consent:
         1. Users and consultants may request written permission from the platform to conduct direct business transactions outside the platform. Such requests must clearly outline the nature and scope of the proposed transaction and provide justification.
         2. The platform, at its sole discretion, may approve or deny such requests.
5. Penalties for Violation:
   1. Any violation of this clause will result in the following penalties:
      1. Immediate suspension or termination of the accounts of both the user and the consultant involved in the violation.
      2. Recovery of damages equal to the platform fees or commissions lost due to circumvention, including potential legal action.
      3. Restriction of access to future services offered by the platform.
6. Monitoring and Reporting:
   1. The platform reserves the right to monitor communications and interactions between users and consultants to enforce this clause. Any suspected violations may be investigated, and both parties may be required to provide evidence of compliance.

Ambiguity in Deliverables

1. Subjective Elements:

• Certain aspects of consultancy services, such as business projections, market analyses, or feasibility studies, involve subjective professional judgment.
• Consultants are required to document their rationale and methodology. Users acknowledge that final outcomes may depend on external factors beyond the consultant's control.

2. No Guarantees of Outcome:

• The platform and consultants make no guarantees regarding the future outcomes, profitability, or accuracy of recommendations provided in deliverables.

 

Force Majeure Clause

1. Neither the platform, consultants, nor users shall be held liable for delays or failure to perform obligations under this agreement due to circumstances beyond their reasonable control, including but not limited to:

• Natural disasters, acts of God, or extreme weather conditions.
• Government actions, legal restrictions, or regulatory changes.
• Technical failures, power outages, or cyberattacks.

2. In such cases, the affected party must notify the other party promptly and make reasonable efforts to mitigate the impact of the delay.

 

Post-Termination Obligations

1. Handover of Work:

• Upon termination after a milestone, the consultant must provide all completed work, drafts, and materials up to that point.
• The platform will facilitate the handover process and ensure that the user acknowledges receipt of these materials.

2. Payment Settlement and Usage Rights:

• If the consultant is owed payment for a completed milestone, the platform will release the payment to the consultant before granting the user full usage rights to the delivered work.
• Users agree not to use any work provided by the consultant for a terminated milestone until payment has been made.

 

Limitation of Liability

1. Platform’s Role:

• Beyul Private Limited is not responsible for:
  • The quality, outcomes, or content of the consultancy services.
  • Losses or damages resulting from advice or deliverables provided by consultants.

2. Platform’s Liability:

• The platform’s liability is strictly limited to administering payments held in escrow and mediating disputes in good faith.

 

Feedback and Ratings:

1. Users are encouraged to provide honest and constructive feedback upon project completion.
2. Feedback and ratings submitted by users may be displayed publicly on the platform to promote transparency.
3. Consultants may challenge inappropriate or fraudulent feedback by submitting evidence to the platform within 7 days of the feedback being posted.

 

Compliance with Laws:

1. Consultants and users agree to comply with all applicable laws, regulations, and professional standards in their respective jurisdictions during the course of the consultancy.
2. The platform shall not be held liable for any violations of laws or professional standards committed by consultants or users.

 

Prohibition on Reputational Harm:

1. Both users and consultants agree not to publish or share negative statements about the platform in any public or private forum while a dispute is under review or mediation.
2. Violations of this clause may result in account suspension, legal action, or recovery of damages caused to the platform’s reputation.

 

Multi-Milestone Continuity:

1. If a milestone is disputed, the platform may hold payments and resolution will apply only to the disputed milestone. Work on subsequent milestones may continue unless explicitly agreed otherwise by both parties.
2. Consultants and users agree not to use disputes over a single milestone to delay or disrupt unrelated deliverables.

 

Platform Fees:

1. Platform service fees for facilitating consultancy engagements are non-refundable, regardless of the outcome of disputes or cancellations, except where explicitly agreed by the platform.
2. These fees are separate from milestone payments and are deducted at the time of project initiation.

 

Termination by Platform:

1. The platform reserves the right to suspend or terminate any account or project if:
   1. Either party is found to be in violation of the platform’s terms.
   2. Fraudulent activity or misconduct is identified.
   3. The project is deemed harmful to the platform’s operations or reputation.
2. Termination decisions are final and may include withholding funds until investigations are completed.

 

Independent Contractor Relationship:

1. Consultants providing services through the platform are independent contractors and are not employees, agents, or representatives of the platform.
2. The platform does not control or direct the work of consultants beyond facilitating the agreed-upon terms of service.
3. The platform shall not be held liable for any claims, damages, or disputes arising from the actions or omissions of consultants during or after the provision of services.

 

Conflict of Interest:

1. Consultants must disclose any conflicts of interest that may arise in connection with a project.
2. Users and consultants agree not to engage in projects that could compromise the confidentiality or proprietary interests of other users on the platform.
3. The platform reserves the right to terminate projects or accounts where conflicts of interest are identified.

 

Transparency in Pricing:

1. All project costs, including milestone payments and platform fees, must be clearly outlined and agreed upon before project commencement.
2. Consultants may not impose additional charges for services unless explicitly agreed upon in writing by the user and the platform.

 

User and Consultant Verification:

1. The platform reserves the right to verify the identity, credentials, and contact information of both users and consultants before or during project engagements.
2. Failure to provide requested verification documents within the specified timeframe may result in account suspension or project termination.

 

Fraud Prevention:

1. The platform reserves the right to investigate and act upon any suspected fraudulent activities, including suspension or termination of accounts.
2. Users and consultants agree to cooperate with the platform during fraud investigations and provide any necessary documentation or evidence.

 

No Liability for Indirect Outcomes:

1. The platform and consultants disclaim responsibility for any financial, operational, or reputational losses incurred by users as a result of relying on consultancy advice.
2. Users acknowledge that the advice and recommendations provided by consultants are based on the information available at the time and do not guarantee specific results.

 

Governing Law and Jurisdiction:

1. This agreement shall be governed by and construed in accordance with the laws of Uttar Pradesh, India.
2. Any disputes arising out of this agreement shall be exclusively resolved in the courts located in Greater Noida, Gautam Buddha Nagar, Uttar Pradesh.