Terms & Conditions of Professional Service
Fundamental Regulatory Independence Notice (ISO/IEC 17021):
Proceva Consultancy operates exclusively as an independent management system consultancy and advisory firm. In strict compliance with international accreditation standards (ISO/IEC 17021), Proceva Consultancy:
- Does NOT issue ISO certificates directly.
- Is NOT an accredited certification body (CB) or registrar.
- Does NOT sell unaccredited, un-audited, or fraudulent paper certificates.
Third-party certification audits (Stage 1 Documentation Review and Stage 2 Implementation Audit) and the formal issuance of ISO certificates are performed exclusively by independent, accredited Certification Bodies (e.g., TUV, BSI, Intertek, DNV, Bureau Veritas, or other IAF-member accredited registrars).
1. Scope of Engagement & Services
These Terms and Conditions ("Terms") govern the professional consultancy services provided by Proceva Consultancy to clients ("Client", "you"), including but not limited to:
- Diagnostic Gap Analysis: Baseline evaluation of existing business operations against target ISO clauses (ISO 9001, 14001, 45001, 27001, IMS, 22000 & HACCP).
- SOP & Document Drafting: Authoring tailored, lean Standard Operating Procedures, Quality Manuals, Risk Registers, and operational record templates.
- Workforce Coaching: Departmental employee sensitization and supervisor training to embed daily process adherence.
- Pre-Audit Internal Audits: Conducting rigorous internal audit simulations and facilitating Management Review Meetings (Clause 9.3).
- Certification Body Handholding: Preparing the audit dossier and providing remote or on-site support during external registrar audits.
2. Separation of Advisory Fees & Registrar Audit Fees
To ensure complete financial and operational transparency:
A. Consultancy Fees: Quotations and proposals issued by Proceva Consultancy cover exclusively our advisory time, gap analysis deliverables, customized documentation, internal audit simulation, and audit support man-days.
B. Certification Body (CB) Audit Fees: Official audit fees levied by accredited registrars are determined independently based on international criteria (IAF MD5 audit man-days guidelines, organization headcount, and risk category). Registrar audit fees and annual surveillance fees are billed separately by or paid directly to the chosen certification body.
3. Client Responsibilities & Operational Truthfulness
A successful management system requires genuine operational partnership. The Client agrees to:
- Authentic Record Sharing: Provide accurate, truthful operational data, process details, equipment lists, and statutory permits required to author realistic documentation.
- Personnel Availability: Ensure relevant process owners, department heads, and supervisors are reasonably available for interviews, training sessions, and internal audits.
- Active Routine Adoption: Commit to filling out designed logs (e.g., machine maintenance logs, calibration sheets, incoming inspection tags) so objective evidence exists prior to external audits.
- Statutory Adherence: Maintain valid statutory authorizations required by law (such as factory licenses, pollution control consents, or food safety registrations).
4. Mutual Confidentiality & Non-Disclosure
Both Proceva Consultancy and the Client agree to treat all commercial terms, manufacturing trade secrets, customer vendor lists, and proprietary technical processes disclosed during the engagement under strict mutual confidentiality.
This confidentiality obligation remains in effect during the service term and for a period of five (5) years following the conclusion of the advisory engagement, or as otherwise stipulated in a signed standalone Non-Disclosure Agreement (NDA).
5. Intellectual Property & Working Deliverables
A. Client Documentation Ownership: Upon receipt of full payment of agreed consultancy fees, the Client acquires exclusive ownership of all customized manuals, SOPs, work instructions, and risk registers specifically created for their organization.
B. Consultancy Frameworks: Proceva Consultancy retains all intellectual property rights in its proprietary audit toolkits, diagnostic scoring matrices, internal audit training slide decks, and advisory methodology models.
6. Limitation of Liability & Warranty Disclaimer
Advisory Nature: Proceva Consultancy delivers professional management advice, objective pre-audits, and rigorous coaching based on established international standards. However, the final decision to award or withhold an ISO certificate rests solely with the independent third-party Certification Body auditor.
We guarantee 100% thorough pre-audit preparation and handholding. If a registrar auditor raises an observation or minor non-conformance during an audit, Proceva assists you in drafting and submitting the Corrective and Preventive Action (CAPA) dossier at no additional consultancy charge.
In no event shall Proceva Consultancy be liable for indirect, consequential, or punitive damages, or business losses resulting from delays caused by registrar scheduling, client operational failures, or statutory non-compliance.
7. Commercial Payments & Invoicing
- Consultancy engagements are typically structured across milestone payments (e.g., Advance on Initiation, Post-Documentation Drafting, Post-Internal Audit Simulation, Post-Stage 2 Support).
- Invoices are denominated in Indian Rupees (INR) for domestic engagements, or US Dollars (USD) / Euros (EUR) for international engagements, subject to applicable Goods and Services Tax (GST).
- Payment terms are net 15 days from invoice issuance unless agreed otherwise in writing.
8. Governing Law & Jurisdiction
These Terms, proposals, and any disputes arising out of or in connection with our services shall be governed by and construed in accordance with the laws of the Republic of India.
The competent courts in Ahmedabad, Gujarat, India shall have exclusive jurisdiction to settle any dispute or claim arising out of this agreement.