Terms & Conditions of Service Engagement
Please review this binding legal agreement carefully before accessing the VyapTax platform or commissioning our corporate secretarial, tax compliance, intellectual property, or business formation services.
Executive Summary of Engagement Principles
VYAPTAX INDIA LLP operates as a premier technology-enabled business compliance platform connecting entrepreneurs and enterprises with certified Chartered Accountants, Company Secretaries, and legal specialists. We provide streamlined digital facilitation; however, statutory registrations, government grants, and licensing approvals remain within the exclusive constitutional discretion of sovereign departments (e.g. Ministry of Corporate Affairs, GST Network, and Trademark Registry).
Preamble, Acceptance & Entity Identification
This Master User Agreement and Terms of Service (“Agreement”, “Terms”) constitutes a valid, legally binding electronic contract between you (“Client”, “User”, “You”) and VYAPTAX INDIA LLP, a Limited Liability Partnership duly incorporated under the Limited Liability Partnership Act, 2008, having its registered corporate presence at Panvel, Raigad, Maharashtra, India (hereinafter referred to as “VyapTax”, “We”, “Our”, or “Us”).
By accessing, browsing, interacting with, subscribing to, or making payments through our website (https://www.vyaptax.com), digital interfaces, mobile web applications, or client service dashboards (collectively, the “Platform”), you expressly signify your unreserved assent to be bound by these Terms, our Privacy Policy, our Refund Policy, and our Disclaimer Policy.
Scope of Services & Intermediary Facilitation Model
VyapTax provides an integrated digital suite of regulatory compliance, secretarial advisory, taxation facilitation, and intellectual property registration services. Our service spectrum includes, but is not limited to:
- Corporate Formations (Pvt Ltd, OPC, LLP, Public Ltd)
- Tax Returns & Assessments (GST, ITR, TDS, Tax Audit)
- Secretarial Annual Compliance & Director Changes
- Intellectual Property (Trademarks, Copyrights, Patents)
- Industrial & Food Licences (FSSAI, Trade, ISO, Import-Export)
- Cross-Border Incorporations (US, UK, UAE, Singapore)
VyapTax acts as an advanced technology intermediary. Certain specialized functions—such as statutory balance sheet audits, court litigation representations, and chartered certifications—are rendered through practicing Chartered Accountants, Company Secretaries, and Advocates empanelled with us under their statutory licensing norms.
Professional Fees, GST Billing & Statutory Disbursements
Our engagement billing operates with absolute statutory transparency, maintaining clear segregation between professional service fees and governmental fees:
1. Professional & Platform Fees:
Charges for document drafting, secretarial verification, portal application preparation, advisory consultations, and software access. All professional fees are subject to statutory Goods and Services Tax (GST) at 18% as mandated by the Central Goods and Services Tax (CGST) Act, 2017.
2. GST Invoicing & Input Tax Credit (ITC):
To claim legitimate Input Tax Credit (ITC), clients must furnish their 15-digit GSTIN at the time of order booking or checkout. Tax invoices are automatically uploaded to the GST portal and synced with your GSTR-2B. VyapTax shall not be liable for loss of ITC resulting from erroneous or omitted GSTINs provided by the client.
3. Statutory Government Fees & Third-Party Disbursements:
Statutory expenses—including MCA SPICe+ filing fees, Ministry of Corporate Affairs stamp duties (which vary by State and authorized share capital), ROC filing challans, Trademark Registry statutory fees, FSSAI application charges, and Digital Signature token costs—are collected upfront on a pure pass-through reimbursement basis and remitted directly to the respective government treasury.
Client Representations, Warranties & KYC Authenticity
The efficacy and statutory acceptance of our professional filings depend fundamentally on the veracity of the documentation you provide. You categorically covenant that:
- Authenticity of KYC Proofs: All identity documents (PAN, Aadhaar, Passport, Voter ID), address proofs (bank statements, electricity bills), and commercial credentials provided are original, legally valid, unaltered, and unexpired.
- No Unlawful Purpose: You shall not utilize VyapTax services to incorporate entities for money laundering, hawala transactions, shell corporate fronts, fraudulent GST billing, or activities contrary to public policy and national security.
- Timely Response to Queries: You agree to provide clarifications, OTP verifications, signed resolutions, and supplementary documentation within 48 to 72 hours of departmental requisitions to prevent rejection by government registrars.
Statutory Authority Discretion & Processing Timelines
VyapTax undertakes diligent, professional preparation and portal submission of all client applications according to prevailing statutory standards. However, clients must explicitly recognize the constitutional separation of powers:
The approval of company names (MCA CRC), issuance of Certificates of Incorporation (CIN), DIN allotment, GST registrations (CBIC), Trademark exam reports (CGPDTM), and FSSAI licenses rest strictly within the statutory discretion of designated Government Officers.
Published delivery timelines are estimated business days under normal portal operating conditions. VyapTax cannot be held liable for delays caused by official portal downtime, server load, technical glitches on V3 portals, or sudden regulatory procedural overhauls.
Digital Signature Certificates (DSC) & Portal Authorizations
Under the Information Technology Act, 2000, e-filings across government portals necessitate Class 3 Digital Signature Certificates (DSC). When availing filing services, you grant VyapTax and its assigned practicing professionals authorization to:
- Affix your verified DSC or electronic signature to statutory incorporation documents, e-forms, affidavits, and returns pursuant to your explicit approval.
- Access government portal dashboards (MCA, GSTN, TRACES, Income Tax, DGFT) on your behalf utilizing client-provided credentials solely for rendering contracted services.
- Clients maintain complete rights to revoke DSC access upon conclusion of the filing lifecycle or contract termination.
Proprietary Rights, Trademarks & Platform License
All platform assets—including software code, proprietary UI/UX components, algorithms, trademark availability checkers, company search indexes, compliance calculators, statutory editorial guides, logo marks, graphics, and trade dress—are the exclusive intellectual property of VYAPTAX INDIA LLP and are protected under Indian Copyright and Trademark legislation.
You agree that you shall NOT: (a) systematically scrape, crawl, harvest, or mirror our database, company directories, or articles; (b) reverse engineer or decompile any component of our platform; (c) resell, sublicense, or white-label VyapTax compliance deliverables without an express B2B Partner Agreement; or (d) launch automated bots that generate artificial server traffic.
Confidentiality, Trade Secrets & Non-Disclosure
VyapTax maintains rigorous non-disclosure and confidentiality obligations. All non-public client materials—including corporate financial statements, shareholder capsheets, pitch decks, patent specifications, and customer lists—are treated as strictly confidential proprietary information.
We shall not disclose your confidential materials to third parties except: (a) to our assigned practicing CAs, CSs, and legal counsels bound by professional confidentiality; (b) as statutorily required for filing with government authorities; or (c) pursuant to valid subpoenas or orders from courts of competent jurisdiction.
Electronic Communications & IT Act, 2000 Consent
In compliance with Sections 4, 10A, and 65B of the Information Technology Act, 2000, you explicitly consent to receive communications, invoices, filings status updates, legal notices, and compliance alerts through electronic records, including:
Order Modifications, Cancellations & Refund Framework
All order cancellations and refund claims are governed strictly by our comprehensive Refund & Cancellation Policy, which is incorporated by reference into this Agreement:
Non-Refundable Statutory Disbursements: Once statutory government fees (e.g. MCA stamp duty, ROC filing fees, or Trademark Registry charges) have been paid or challans generated, these sums cannot be refunded under any circumstances as they have already entered the sovereign treasury.
Service Conversion Alternative: If a client wishes to modify their incorporation structure (e.g. converting a Private Limited application to an LLP before submission), professional fees paid may be credited toward the modified service after adjusting for work already completed.
Limitation of Liability & Exclusion of Damages
To the fullest extent permissible under applicable law:
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF VYAPTAX INDIA LLP, ITS DESIGNATED PARTNERS, EMPLOYEES, AFFILIATES, OR EMPANELLED CHARTERED ACCOUNTANTS AND COMPANY SECRETARIES FOR ALL CLAIMS, DISPUTES, LOSSES, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY ENGAGEMENT EXCEED THE TOTAL PROFESSIONAL SERVICE FEE ACTUALLY PAID BY THE CLIENT TO VYAPTAX FOR THAT SPECIFIC SERVICE GIVING RISE TO THE CLAIM.
UNDER NO CIRCUMSTANCES SHALL VYAPTAX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS PROFITS, LOSS OF ANTICIPATED REVENUE, LOSS OF GOODWILL, COMMERCIAL INTERRUPTIONS, OR DEPARTMENTAL PENALTIES ARISING FROM CLIENT DELAYS OR REGULATORY REJECTIONS.
Client Indemnification Obligations
You agree to defend, indemnify, and hold harmless VYAPTAX INDIA LLP, its partners, managers, officers, advisors, and empanelled professionals from and against any and all claims, liabilities, damages, losses, costs, penalties, and legal expenses (including reasonable attorneys’ fees) arising out of:
- Any breach or violation by you of these Terms of Service or applicable statutory laws.
- Any false, fraudulent, forged, or misleading documents or KYC information submitted by you.
- Any third-party claim alleging that your proposed business name, trademark, or business activity infringes upon their proprietary intellectual property or commercial rights.
Account Suspension, Service Termination & Survival
VyapTax reserves the right, at its sole discretion, to suspend or terminate your platform access or ongoing service delivery immediately upon written notice if: (a) you fail to pay due fees; (b) you submit fraudulent or unverifiable documentation; (c) you engage in abusive or defamatory conduct toward our team; or (d) an order of insolvency or corporate winding up is initiated against you.
Upon termination, your right to access platform resources shall cease immediately. The provisions of Sections 07 (Intellectual Property), 08 (Confidentiality), 11 (Limitation of Liability), 12 (Indemnification), and 14 (Governing Law & Jurisdiction) shall survive any contract termination.
Governing Law, Arbitration & Dispute Jurisdiction
This Agreement and all service engagements shall be governed by, construed, and enforced exclusively in accordance with the substantive laws of the Republic of India, without regard to conflict of law principles.
Statutory Grievance Redressal Mechanism
In accordance with the Information Technology Act, 2000, the Consumer Protection (E-Commerce) Rules, 2020, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the designated Grievance Officer details are published below:
Turnaround Commitment: As required by statutory guidelines, the Grievance Officer shall acknowledge receipt of any consumer grievance within 48 hours and endeavor to resolve the complaint within 15 business days.