Built to protect both your trust and our process — with clarity, compliance, and fairness.
Effective Date 16th December 2024


This Refund and Cancellation Policy governs the framework for processing, approving, or declining refunds and cancellations in connection with services rendered by Black Harbour Innovations LLP. The provisions herein are applicable to all clients, users, subscribers, or purchasing entities—individual, corporate, domestic, or international—who engage directly with Black Harbour Innovations LLP for professional, digital, advisory, or consultative services.

This policy has been developed in accordance with Indian Laws, and international best practices in digital service agreements.

Nature of Engagement:

All services provided by Black Harbour Innovations LLP are professional, intangible, and non-transferable. These may include, but are not limited to, strategic consultation, branding and marketing advisory, blockchain-related insight (non-technical), automation planning, documentation, virtual onboarding, research reports, and operational consulting.

No physical products are sold, and all service deliverables are fulfilled digitally through email, cloud-based systems, project portals, or real-time virtual collaboration.

Prepaid Business Model:

All services are strictly prepaid. No service shall be initiated without receipt of full payment unless covered by:

a. A physically executed long-term agreement exceeding 365 days of service,
b. An institutional mandate or tender governed by performance guarantees,
c. Government contract or public body procurement regulation.

No verbal assurance, informal chat, or WhatsApp confirmation shall override the requirement for prepaid terms unless contractually backed.

Non-Refundable Conditions:

Refunds will not be processed under the following circumstances:

a. Lack of cooperation or communication from the client for more than seventy-two hours during the project phase.
b. Delay or non-submission of essential information, branding elements, access credentials, approvals, or instructions.
c. Engagement of third-party agencies by the client which obstruct timely delivery.
d. Any part of the deliverable has been shared, including strategy blueprints, designs, presentations, video calls, reports, or documentation.
e. The client requests cancellation after the service has been delivered in full or partially—even if unused.
f. Requests made based on subjective dissatisfaction not supported by evidence of breach.
g. Refund requested due to internal budget revision, investor withdrawal, or change of business plan on the client's side.

Mistaken Purchase Clause:

If a service is purchased unintentionally, the client must notify Black Harbour Innovations LLP within two (2) calendar days of payment. The request must include valid identity proof, transaction details, justification, and supporting documentation.

If accepted:

a. 15% of the total paid amount will be retained as administrative, resource, and gateway processing charges.
b. GST will not be refunded once reported to tax authorities. Clients are encouraged to claim the GST input credit under their own returns.

Mistaken purchase refund requests received beyond two calendar days shall not be processed under any circumstance.

Exceptional Refund Provision:

In rare cases, where a fault or delay is attributable solely to Black Harbour Innovations LLP (excluding factors such as client delay, force majeure, or third-party interference), a discretionary refund of up to 70% may be approved. A minimum deduction of 30% of the invoice value shall still apply to account for:

1. Resource reservation and blocking

2. Internal documentation and planning

3. Administrative and tax handling

4. Loss of opportunity cost

5. Partial work initiated or consultation conducted. All refund approvals are at the sole discretion of Black Harbour Innovations LLP.
   
   

Refund Timeline and Banking Protocol:

Refunds, if approved, shall be processed between 5 (minimum) and 14 (maximum) Indian business days.

Refunds will not be initiated on weekends, public holidays, or any declared bank holiday under the Indian banking calendar.

Refunds shall be routed to the same account/method through which the payment was originally made. Alternate methods may be allowed only if fully verified and mutually agreed in writing.

For payments routed via third-party payment gateways, additional delay due to gateway processing, NEFT/RTGS cycles, or card settlement periods is outside the control of Black Harbour Innovations LLP.

International Transactions and Currency Risks:

International clients are subject to FEMA, RBI circulars, and their respective country’s cross-border compliance laws. Refunds may be denied or delayed in case of:

a. Cross-border remittance prohibitions due to sanction lists or flagged entities.
b. Foreign exchange rate volatility leading to material discrepancies in refund value.
c. Governmental orders, litigation, or banking embargoes in either jurisdiction.
d. Banking limitations on reversing international payments due to settlement cycles or compliance friction.
e. Multi-currency processing delays arising due to correspondent bank involvement.

Refunds, if approved, will be made in Indian Rupees (INR) unless expressly stated in writing.

Chargebacks and Platform Liability:

Black Harbour Innovations LLP is not liable for chargebacks initiated via issuing banks, card networks, or third-party payment systems once services have been partially or fully delivered.

Any such dispute initiated through a payment gateway will be countered with documented delivery proof, client records, and timestamped service logs.

Clients who misuse chargeback mechanisms after delivery will be blacklisted and reported to regulatory cyber cells and banking ombudsman portals.

Escrow and Cybercrime Investigations:

In the event that a payment received by Black Harbour Innovations LLP becomes the subject of an inquiry by the National Cyber Crime Portal of India or any local/state-level cybercrime unit:

a. No refund shall be IMMEDIATELY initiated if the original client has not formally requested it.
b. A refund will not be processed solely based on the tracing of a payment trail through multiple accounts.
c. The existence of a fund trail through intermediary or layered accounts is insufficient for reversal unless misuse is proven and linked directly to Black Harbour Innovations LLP.
d. Refunds in such cases shall only be processed upon submission of a valid court order, issued by a competent judicial authority, expressly instructing Black Harbour Innovations LLP to initiate a refund.
e. Funds will only be escrowed or withheld if a seizure order under Section 102 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) is duly presented by law enforcement authorities.

AML/CTF and Compliance Freezing:

If a transaction is flagged under AML (Anti-Money Laundering) or CTF (Counter-Terrorist Financing) alerts—internally or externally—no refund will be processed until the investigation is resolved. Refunds are subject to:

• STR/SAR compliance (Suspicious Transaction Reports)

• Cooperation with law enforcement or FIU-IND or other related government agencies

• Clearance from associated financial institutions

• Arbitration and Legal Enforcement
  
  

Clients agree that refund eligibility and scope will be determined exclusively by this policy and cannot be contested under general refund expectations. In case of conflict:

Mediation or arbitration, if needed, shall occur under the Indian Arbitration and Conciliation Act.

The courts of Nashik, Maharashtra shall have exclusive jurisdiction.

Legal costs incurred by the company in contesting invalid refund claims shall be recoverable from the claimant, including under arbitration.

Client Indemnification:

By engaging with Black Harbour Innovations LLP, the client agrees to:

Not pursue refund or reversal outside the bounds of this policy

Indemnify the company against all losses, penalties, and reputational damage arising from false refund claims

Abide by all compliance, audit, and banking procedures mandated under the transaction

Accept that refunds cannot be granted based on personal dissatisfaction, design subjectivity, or change in business direction post-delivery

Data Breach or Infrastructure Compromise:

Refunds will not be issued in case of failure or delay caused by:

• Cyberattacks, malware, DDoS, or ransomware targeting company servers

• Natural disasters, network blackouts, or infrastructure compromise

• Cloud storage downtimes or SaaS vendor service interruption
  
  

In such scenarios, service timelines will be adjusted and delivery re-attempted once systems are restored.

Policy Revisions:

Black Harbour Innovations LLP may revise this policy at its sole discretion without prior notice. The most recent version published on our website shall prevail over all past versions. Clients are encouraged to retain a copy of this policy at the time of purchase.

Official Communication:

All refund or cancellation requests must be submitted in writing to the email listed on our official website. Informal methods such as WhatsApp, calls, or DMs will not be considered valid or reviewed. Requests without documentation, valid reasoning, or identity proof will be rejected automatically.