THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND MAKSIM LEGAL PROSERV PRIVATE LIMITED (hereinafter “Maksim Consultant”) GOVERNING YOUR USE OF MAKSIM LEGAL PROSERVE PRIVATE LIMITED.
Parts of this Agreement
This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
Acceptance of the Terms
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the Services.
Description of Service
We provide an array of services for business setup in India and Indian Regular Tax compliance Services including Company registration , Tax registration , Tax Filling (“Service” or “Services”).You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You are responsible for Providing the relevant Information and documents for Various registrations within reasonable time. You need to sign various papers and Forms which required by various Government Departments and banks time to time during the provision of Services.
Modification of Terms of Service
We may modify the Terms upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing Maksim Consultant notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.
User Sign up Obligations
You need to sign up for Services by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for Services by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself in the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Maksim Consultant has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Maksim Consultant may terminate your Services and refuse current or future use of any or all of the Services.
Organization Operations
When you sign up for Maksim Consultants Services make sure that you enter into a Legally Allowed Business in India.
You are responsible for i) ensuring The business you doing as per Memorandum Of association of Business ii) appointing competent individuals as authorized signatory for managing your organization, and iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement and law of India. You understand that Maksim Consultant is not responsible for Business Activity and internal management of the Services for you.
You are responsible for taking necessary steps for ensuring that your organization does not lose control of the Business Activity in Company . You may specify a process to be followed for in the event of such loss of control of the Business Activity or bank account by sending an email to mail@maksimconsultants.com provided that the process is acceptable to Maksim Consultant.
Personal Information and Privacy
Personal information you provide to Maksim Consultant through the Service is governed by Maksim Consultant Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the Maksim Consultant Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your Indian Company and its Bank account and you agree to inform us immediately of any unauthorized use of your Company or Bank Account by email to accounts@maksimconsultants.com or by calling us on any of the numbers listed on our website. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your company or its bank account, or otherwise.
Communications from Maksim Consultant
The Service may include certain communications from Maksim Consultant, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
Complaints
If we receive a complaint from any person against you with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your authorised signatory. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy Maksim Consultant in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by Maksim Consultant to the complainant.
Fees and Payments
The Services are available under service plans of various durations. Payments for Service plans of duration of less than a year can be made only by wire transfer or credit card. Your services will be automatically renewed at the end of each service period unless you inform us that you do not wish to renew the Services. If you do not wish to renew the subscription, you must inform us at least 30 days prior to the renewal date. From time to time, we may change the price of any Service. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid service plan.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) use the third party services without agreeing to their website terms & conditions; (iv) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Maksim Consultant; (v) violate any applicable local, state, national or international law; and (vi) create a false identity to mislead any person as to the identity or origin of any communication.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Inactive Client Policy
We reserve the right to terminate unpaid Services that are inactive for a continuous period of 45 days. In the event of such termination, all data associated with such user company will be deleted. We will provide you prior notice of such termination and option to back-up your data/company. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your services in another Service active.
Trademark
Maksim Consultant, Maksim Consultant logo, the names of individual Services and their logos are trademarks of MAKSIM LEGAL PROSERVE PRIVATE LIMITED. You agree not to display or use, in any manner, the Maksim Consultant trademarks, without Maksim Consultant’s prior permission.
Disclaimer of Warranties
You expressly understand and agree that the use of the services is at your sole risk. the services are provided on an as-is-and-as-available basis. maksim consultant expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. maksim consultant makes no warranty that the services will be uninterrupted, timely, secure, or error free. use of any material downloaded or obtained through the use of the services shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. no advice or information, whether written or oral, obtained by you from maksim consultant, its employees or representatives shall create any warranty not expressly stated in the terms.
Limitation of liability
You agree that maksim consultant shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, loss of business information, or other loss arising out of or caused by your use of or inability to use the service, even if maksim consultant has been advised of the possibility of such damage. in no event shall maksim consultant’s entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards such service.
Indemnification
You agree to indemnify and hold harmless Maksim Consultant, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by Maksim Consultant.
Arbitration
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Indian Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in New Delhi and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Maksim Consultant may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Suspension and Termination
We may suspend your Services or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to compalince@maksimconsultants.com within 7 days of being notified about the suspension. We may terminate a suspended or disabled Services after 7 days. We will also terminate your Services on your request.
In addition, we reserve the right to terminate & deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to Service in case of unexpected technical issues or discontinuation of Service. You have the right to terminate services if Maksim Consultant breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees as per Maksim Consultant refund policy. Termination of Services will include denial of access to all Services, deletion of information.
End Of Terms Of Service
If you have any questions or concerns regarding this Agreement, please contact us at compalince@maksimconsultants.com
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