TERMS & CONDITIONS

1) Terms & Conditions governing the use of startupsfiling.in

Welcome to startupsfiling.in. This website is owned and operated by SecureRegent Private Limited, 213, 214, 2nd Floor, Welldone Tech Park, Sohna Road, Sector 48, Gurugram, Haryana 122018, India. By visiting our website and accessing the information, resources, services, products, and tools we offer, you acknowledge and agree to comply with the following terms and conditions as set out in this policy (referred to herein as the 'User Agreement'), along with the terms and conditions set out in our Privacy Policy (please refer to the Privacy Policy section below for more information).

We reserve the right to revise this User Agreement at any time without prior notice. You acknowledge and agree that it is your responsibility to check this User Agreement regularly to stay informed of any updates. Your continued use of this website after such revisions constitutes your acceptance and agreement to the updated terms and conditions.

• RESPONSIBLE USE AND CONDUCT
• To access our Resources, you may be required to submit certain personal details (such as identification, email, phone number, and contact information, etc.) as part of the registration process, or to enable use of the Resources. You agree that any information you provide will always be truthful, accurate, and current.
• You are responsible for keeping the confidentiality of any login credentials associated with any account you use to access our Resources. Accordingly, you bear responsibility for all activities that occur under your account. SecureRegent Private Limited's service obligation is deemed fulfilled once access to our platform has been granted. All subsequent responsibilities and the ultimate outcome of the service rest solely with the client.
• Accessing (or attempting to access) any of our Resources through any means other than those we provide is strictly prohibited. You specifically agree not to access (or attempt to access) our Resources through any automated, unethical, or unconventional means.
• Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are connected or hosted, is strictly prohibited.
• Any attempt to copy, duplicate, reproduce, sell, trade, or resell our resources is strictly prohibited.
• You are entirely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer as a result of unauthorized activities conducted by you, as described above, and you may be subject to criminal or civil liability.
• We may offer various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, and various social media services. You understand that we generally do not pre-screen or moderate the content submitted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, it is your personal responsibility to use them in a responsible and ethical manner. By posting information or using any open communication tools mentioned above, you agree not to upload, post, share, or otherwise distribute any content that:
  • Is unlawful, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
  • Violates any trademark, patent, trade secret, copyright, or other proprietary right of any party;
  • Contains any unauthorized or unsolicited advertising material;
  • Impersonates any person or entity, including any StartupsFiling staff members or representatives.
  We reserve the right at our sole discretion to take down any content that we determine does not comply with this User Agreement, or that we consider offensive, harmful, objectionable, inaccurate, or in violation of any third-party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal and waive any claim against us.
• We do not assume liability for any content posted by you or any other third-party users of our website. However, any content posted by you using any open communication tools on our website, provided that it does not violate or infringe on any third-party copyrights or trademarks, becomes the property of StartupsFiling, and as such, grants us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This applies only to content posted via open communication tools as described, and does not relate to information that is provided as part of the registration process required to use our Resources. All information provided as part of our registration process is governed by our Privacy Policy.
• You agree to indemnify and hold harmless startupsfiling.in, a digital property of StartupsFiling, and its parent company and affiliates, along with their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages, and costs, including reasonable legal fees, resulting from any breach of this User Agreement or the failure to meet any obligations relating to your account, by you or any other person using your account. We reserve the right to assume exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such a case, you shall provide us with the cooperation reasonably requested by us.
• PRIVACY

  Protecting your privacy is a priority for us, which is why we have created a dedicated Privacy Policy to explain in detail how we collect, manage, process, secure, and store your personal information. Our privacy policy forms part of this User Agreement. To read our privacy policy in full, click here.

• LIMITATION OF WARRANTIES

  By using our website, you acknowledge and agree that all Resources we provide are offered "as is" and "as available". This means that we do not represent or warrant to you that:

• LIMITATION OF LIABILITY

  In connection with the Limitation of Warranties described above, you expressly acknowledge and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. StartupsFiling will not be liable for any direct, indirect, incidental, consequential, or exemplary loss or damages incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime, to the full extent that applicable limitation of liability laws apply.

• COPYRIGHTS / TRADEMARKS

  All content and materials available on the StartupsFiling Platform, including but not limited to text, graphics, website name, code, images, and logos, are the intellectual property of SecureRegent Private Limited and are protected by applicable copyright and trademark laws. Any unauthorized use, including but not limited to reproduction, distribution, display, or transmission of any content on this site, is strictly prohibited unless expressly authorized by SecureRegent Private Limited.

• TERMINATION OF USE

  You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources, with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent, or abusive activity may be grounds for ending your relationship with us and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

• GOVERNING LAW

  This website is operated by SecureRegent Private Limited from our offices situated in the state of Haryana, India. It is accessible from most countries around the world. Since each country may have laws that differ from those of Haryana, India, by accessing our website you agree that the statutes and laws of Haryana, India, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, shall apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any legal action to enforce this User Agreement shall be initiated in the courts located in Haryana, India. You hereby submit to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

• CANCELLATION AND REFUND

  Once payment has been made, cancellation of an order is not possible. Refunds will not be issued except in the event of non-performance or cancellation of the service by StartupsFiling.

• GUARANTEE

  UNLESS OTHERWISE EXPRESSLY STATED, StartupsFiling EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

2) Terms & Conditions applicable to our Incorporation, Startup, and Registration services

• For bank account or payment services, your name, phone number, and email will be shared with a bank of your choice, with your consent. Banks reserve the right to open or decline your request based on their internal policy.
• If you wish to register a Partnership Firm with the Registrar of Firms of the respective states, additional charges as applicable will be communicated and payable upfront.
• Up to 4 name options can be submitted in one RUN name approval request.
• Authorised capital refers to the total number of shares a company is permitted to issue at any time, and this can be increased. Paid-up capital is the amount actually invested by shareholders, which can be as low as Rs. 2.
• Statutory Auditor fees are payable on actuals directly to the Independent Auditor appointed by the Board of Directors. All companies are required to appoint an Independent Statutory Auditor of their choice within 30 days of incorporation.
• StartupsFiling provides 2 DSC Hyper Tokens & support for KYC and DSC shipping with each incorporation. As per CCA Guidelines effective 15th July, 2024, the DSC Applicant will be required to make a direct payment to the Certifying Authority for certificate and KYC.
• Additional authorised capital can be purchased at the time of incorporation if required. The pricing for additional authorised capital is available upon request.
• Clients are responsible for paying stamp duty, which varies depending on the state of incorporation and the company's registered capital. Below is a detailed list of stamp duty charges based on state and capital range:

Please note that stamp duty figures are based on the most current regulations and may be subject to revision. Clients are advised to verify the prevailing rates at the time of incorporation.

3) Terms & Conditions applicable to our Intellectual Property services including trademark, patent, and copyright

• Prices, unless stated otherwise, are applicable for one class. Any additional class will attract additional charges.
• StartupsFiling or its team members shall not make any recommendations regarding names for trademark filing and cannot confirm availability or guarantee registration.
• It is the client's responsibility to verify the accuracy of all information provided in trademark forms. StartupsFiling disclaims all liability for information that is incomplete or inaccurate.
• StartupsFiling shall not be held responsible for any objections, refusals, oppositions, or other issues that may arise during the trademark registration process. The client acknowledges that such matters fall outside the control of StartupsFiling.
• StartupsFiling cannot guarantee that a trademark will be accepted or registered by the Trademarks Office and/or through the objection reply process. Acceptance and registration of a trademark are at the discretion and approval of the Trademarks Office. While StartupsFiling will make all reasonable efforts to support the client throughout the process, ultimate approval cannot be guaranteed.
• The client is responsible for monitoring the status of their trademark application on the IP INDIA portal. StartupsFiling may provide assistance or guidance upon request.
• StartupsFiling cannot be held accountable for Show Cause Hearings or other matters that may arise during the Objection process. The client acknowledges that such matters are beyond StartupsFiling's control.
• StartupsFiling will maintain client data confidentiality unless compelled by a court, administrative body, or other governmental authority.

4) Terms & Conditions applicable to our Tax and Compliance services

• SecureRegent Private Limited will deliver services based on the packages availed by the client. Invoices will be raised periodically.
• The final pricing of services rendered will be dependent upon the Goods and Services Tax (GST) scheme opted for by the client with the relevant tax authorities.
• CA verification of the Income Tax Return will attract separate charges.
• The Client is responsible for verifying the accuracy, reliability, and completeness of all information in returns/filings as well as the accounting records and particulars furnished, prior to approval and signature.

The Client is also obligated to disclose all material and relevant information.

StartupsFiling shall not be held liable for any issues arising from incorrect or incomplete information provided by the Client.

• All data furnished by the Client will be kept strictly confidential by StartupsFiling and will not be disclosed to third parties without your consent, except where mandated by law, court order, or professional obligation.
Should you permit us to disclose your confidential information under specific circumstances or subject to certain conditions, we will comply by disclosing the relevant information as authorized in the course of providing our services, unless directed otherwise by you in writing.
• The client will be responsible for paying all government fees, penalties, statutory audit fees, and taxes related to the engagement on actuals. StartupsFiling accountants will be solely responsible for the preparation of accounting records and statutory returns.
• Clients are required to provide reasonable access to relevant individuals and documents, and are responsible for the completeness and accuracy of information supplied to us.
• Any advice provided is based on an opinion formed from understanding the client's specific circumstances and requirements.
• The client should be aware of due dates and required compliances under various laws, acts, regulations, and rules. The client is solely responsible for adhering to all applicable legal compliances and will be liable for any penalties or losses incurred as a result of non-compliance with any applicable laws, rules, regulations, and acts.
• Pricing for GST Return, TDS, ITR Return, and PF Return filing is applicable to businesses with a turnover of up to INR 25 lakhs and a workforce of up to 25 employees. Additional charges will apply to businesses exceeding these thresholds.

• Additional Terms for Partnership Compliance / Company Compliance / LLP Compliance:

  • Package prices are applicable for businesses with a turnover of up to INR 25 lakhs, with additional charges applicable for every subsequent INR 25 lakhs of turnover. The cost of compliance filing may vary based on the size and complexity of the business.
  • For clients availing the Tax & HR Assist Package, pricing is applicable for up to 5 Employees. For more than 5 Employees, additional charges will be levied per employee.
  • TDS Filing prices are charged on a Quarterly basis.
  • ESI, PT, and PF prices are charged on a Monthly basis.
  • In the said packages, prices are applicable for up to 100 Invoices per month. Bulk import charges apply per 500 Invoices.
  • Service credits are a form of credits provided to preferential, prime, or loyal customers who are associated with StartupsFiling and availing services from StartupsFiling.
  • Service credits issued by StartupsFiling cannot be redeemed for cash. The credits can only be used for StartupsFiling services and are applicable only for the business against which they were received, and are therefore non-transferable.
  • Startups making a payment of INR 19,899 for managing compliance for a company will be eligible for INR 5,000 in service credits.
• Additional Terms for Winding Up – Company / LLP:
• A Company that has not commenced business within one year of incorporation, or has not been conducting any business or operations for two consecutive financial years without applying for dormant status under section 455, and has no recorded transactions, revenue, assets, or liabilities during this inoperative period, is eligible for strike-off.
• A Company that has received STK-1 or STK-5 notices must fulfil all compliance requirements before filing STK-2. Commencement of Business is a prerequisite for applying for STK-2. All Directors must unanimously agree to remove the company's name from the Registrar of Companies and must sign all relevant documents.
• Additionally, the Directors' DIN eKYC and DSC must remain active until the e-filing status of the Company is updated to "UNDER PROCESS OF STRIKE OFF."
• A Company should not close its current account where there is an expectation of receiving refunds, chargebacks, or subsidies. The winding-up process should commence only after all receivables have been credited to the current account, to prevent any financial losses. Once these receivables have been received, the account may be closed and the winding-up engagement initiated.
• The closure of the current account, as well as the cancellation of Professional Tax, Import Export Code, Trade Mark, and ESI & PF registered under the company's name, must be carried out by the authorized director through offline procedures with the respective organizations.
• A company is ineligible for strike-off if it has changed its name or relocated its registered office to another state, disposed of property or rights (subject to conditions), or engaged in activities beyond those necessary for making an application under the relevant provisions. Additionally, a company cannot be struck off if it has filed an application to the Tribunal for a compromise or arrangement and a resolution has not yet been reached, or if it has been wound up under Chapter XX, whether voluntarily, by the Tribunal, or under the Insolvency and Bankruptcy Code (IBC), 2016.
• The STK-2 form for winding up is not applicable to Section-8 companies, Nidhi companies, subsidiaries, or public limited companies.
• StartupsFiling assumes no responsibility for the rejection of STK-2 filings if the Client instructs us to file without satisfying the required eligibility criteria.
• Additional charges will apply if the BANK ACCOUNT STATEMENT contains more than 100 transaction entries.
• Government fees amounting to Rs. 10,000, costs for stamp paper, notary services, and any applicable tax payments and penalties will be borne by the client.
• In the case of LLPs, the client is responsible for an additional government fee of Rs. 1,000.
• The listed pricing for LLPs applies only to LLPs that do not hold any assets or liabilities.
• Separate forms must be filed with the Ministry of Corporate Affairs (MCA) for updating the registered office address or email ID, and for adding or removing partners, with additional charges applicable.
• LLPs are required to file FORM-3 within 30 days of incorporation. Failure to meet this deadline results in a penalty that must be settled before submitting FORM-24 for the closure of the LLP with the Ministry of Corporate Affairs (MCA).

5) Terms & Conditions applicable to Refunds and Cancellations

At StartupsFiling, we are committed to providing premium services and ensuring a positive experience for all clients. We continually work to offer top-tier registration, licensing, and regulatory compliance assistance via our platform. If our services do not meet your expectations, please notify us immediately, and we will do everything we can to resolve the concern, process a refund, or provide credit for future StartupsFiling purchases.

• Unsatisfied? Connect with Us!

  If you are not satisfied with the service, please contact our support team immediately. We will review your concern and, where appropriate, escalate the matter to senior management for timely resolution.

• Service Commencement

  The service shall be considered to have commenced once our operations team initiates work on your engagement, including but not limited to assigning a relationship manager, creating a communication group (WhatsApp, email or any other communication channel), reviewing or verifying documents, preparing applications, drafting forms, or initiating any filing or compliance-related activity.

• Refund Policy

  Refund requests may be considered only before the commencement of the service. Once the service has commenced, no refund shall be payable except where required under applicable law. Where a refund is approved before service commencement, a 20% cancellation and processing charge shall be deducted from the amount paid. Government fees, statutory fees, third-party charges, professional fees already incurred and any non-refundable expenses shall not be refunded.

• Client Responsibility

  The client is solely responsible for providing complete, accurate and timely information and documents required for the engagement. StartupsFiling shall not be liable for delays, penalties, rejection of applications or additional costs arising from incorrect, incomplete or delayed information provided by the client.

• Procedure for Requesting a Refund

  Refund requests must be submitted by emailing support@startupsfiling.in with the transaction details within 2 calendar days from the date of payment and before the commencement of the service. Approved refunds are generally processed within 7–10 business days after verification of the request.

• Modifying Your Ordered Service

  If you would like to swap your ordered service for a different one, you may request this adjustment within 7 days of your payment date.

• Liability for Penalties or Taxes

  Once access to our system is granted or draft applications are prepared, StartupsFiling has completed its service obligation. The client is entirely responsible for the validity and accuracy of any data submitted. StartupsFiling will not be liable for paying any government fines, penalties, interest, taxes, or additional expenses incurred by the client during or after the engagement. We assume no responsibility for the final outcome or extra fees linked to completing the service.

• External Factors Beyond Our Control

  We cannot guarantee specific outcomes, approvals, or timelines because of factors that are outside our control. For instance, government authorities may deny applications (including trademarks or business licenses) for statutory reasons independent of our work. Additionally, delays caused by government processing backlogs or portal downtimes (such as MCA, Income Tax, or FSSAI portals) are completely out of our hands. Consequently, delays or rejections by government authorities or third-party institutions do not qualify as grounds for a refund.

• Force Majeure Events

  StartupsFiling is not responsible for any failures, delays, or service disruptions caused by events beyond our reasonable control. This includes natural disasters, pandemics, regional emergencies, government actions, war, civil unrest, labor disputes, and other force majeure occurrences. Under these conditions, StartupsFiling is excused from any liability regarding delayed performance or the inability to fulfill its obligations.