Cancellation & Refund Policy
This Policy applies to all services provided by KSM Cognitive Works Private Limited, operating as Noisiv Consulting (“Company,” “we,” “us,” “our”), through noisivconsulting.com.
Nature of Our Services
Noisiv Consulting provides bespoke digital services — including software development, digital marketing, and digital design — on a project or retainer basis. Our engagements are custom in nature, resource-intensive, and time-bound. As a result, standard consumer e-commerce cancellation and refund frameworks (which are designed for off-the-shelf goods or standardised digital products) do not apply in the conventional sense.
All cancellation, refund, and termination terms are governed by the Master Service Agreement, Statement of Work, or equivalent written contract (“Service Agreement”) executed between the Company and the client at the commencement of each engagement.
No Automated Refunds — Service Agreement Governs
The Company does not offer automatic, unconditional refunds on any engagement. This is because:
- Work on bespoke engagements typically commences upon execution of the Service Agreement and receipt of the agreed advance or milestone payment
- Resources — including personnel, tools, and third-party services — are allocated and committed upon engagement commencement
- Deliverables produced up to the point of any cancellation or termination represent real economic value and effort
Any refund, credit, or adjustment in connection with a cancellation or early termination is determined exclusively in accordance with the relevant Service Agreement and applicable Indian law.
General Principles Applicable in the Absence of Specific Terms
Where a Service Agreement does not expressly address a particular cancellation or refund scenario, the following principles apply:
3.1 Cancellation by Client
If a client cancels an engagement after commencement:
- Any advance payment made for work already delivered, in progress, or irrevocably committed (e.g., third-party costs incurred on the client's behalf) is non-refundable
- Where work is partially completed at the time of cancellation, the Company will invoice for work completed on a proportionate or time-and-materials basis, as appropriate
- Any unused balance beyond amounts owed for completed or committed work will be assessed on a case-by-case basis, subject to good-faith negotiation between the parties
3.2 Cancellation by the Company
If the Company cancels or terminates an engagement due to circumstances within its reasonable control (other than client default or force majeure):
- The Company will refund any advance payment attributable to undelivered work, after deducting amounts for work completed or costs irrevocably committed up to the point of termination
- The Company will provide reasonable notice prior to termination except where immediate termination is necessary
3.3 Force Majeure and Extraordinary Circumstances
In the event of force majeure — including natural disasters, government action, cyberattacks, or other events beyond the reasonable control of either party — the parties will negotiate in good faith regarding any adjustment to timelines, scope, or payment. Refunds in such circumstances are not automatic and will be governed by the relevant Service Agreement or, in its absence, the principles of Indian contract law.
Advance and Milestone Payments
Advance payments made to initiate an engagement are applied toward the total project fee as specified in the Service Agreement. They are not deposits in the consumer-protection sense and are not subject to statutory cooling-off or automatic refund rights, except as required by applicable Indian law.
Milestone payments made upon acceptance of a defined deliverable are considered earned and non-refundable upon acceptance, unless the deliverable is subsequently found to be materially defective and the Company fails to remedy the defect within a reasonable cure period as specified in the Service Agreement.
Disputes Regarding Deliverable Quality
If a client believes a deliverable does not conform to the agreed specifications:
- The client must raise the concern in writing to the designated project contact within the review or acceptance period specified in the Service Agreement
- The Company will assess the concern and, where valid, remedy the defect at no additional charge within a mutually agreed timeline
- If the parties cannot agree on whether a defect exists or has been adequately remedied, the matter shall be escalated through the dispute resolution process in the applicable Service Agreement or, failing that, under Section 11 of the Company's Terms of Use
Quality disputes do not automatically entitle a client to a refund; the primary remedy is correction or re-delivery of the affected deliverable.
Third-Party Costs
Where the Company incurs third-party costs on a client's behalf — including advertising spend, software licences, domain registrations, stock assets, hosting fees, or platform subscriptions — these costs are:
- Non-refundable once committed or spent, regardless of engagement status
- Invoiced to the client either directly or as a pass-through, as specified in the Service Agreement
- The client's responsibility to settle with the relevant third-party provider if the engagement is terminated and the Company is no longer in a position to manage the relationship
Governing Law
Contact
For questions about this Policy, or to raise a cancellation or refund concern, please contact us at:
KSM Cognitive Works Private Limited
Operating as Noisiv Consulting
- CIN
- U72502DL2021PTC376732
- Registered Office
- 403-B, Building 656, Lane 4, West End Marg, Saket (South Delhi Region), New Delhi 110030
- Grievance Officer
- Subhadeep Datta (Chief Technology Officer) — grievance@noisivconsulting.com
Noisiv Consulting is a registered brand of KSM Cognitive Works Private Limited, incorporated in India.
This Cancellation & Refund Policy was last updated on 25 January 2026 (Version 1.0).