TERMS
1. Introduction and Binding Acceptance
By accessing, utilizing, or engaging with the services provided by [Manish Binod & Associates], the user hereby irrevocably acknowledges, consents to, and covenants to abide by all terms, conditions, obligations, limitations, and disclaimers set forth in this legally binding Agreement, which Terms shall govern all interactions, transactions, and engagements between the User and the Firm, including but not limited to tax advisory, audit, consultancy, and compliance services, and shall supersede all prior oral or written agreements, understandings, or representations, unless explicitly codified in a written instrument executed by an authorized representative of the Firm, and further agrees that the Terms herein are enforceable under the Indian Contract Act, 1872, the Information Technology Act, 2000, the Consumer Protection Act, 2019, and any other applicable statutory provisions, as amended from time to time.
2. User Obligations, Restrictions, and Covenants
The User expressly undertakes, warrants, and covenants that all data, documentation, materials, or communications submitted to the Firm through the Services shall at all times be accurate, complete, and compliant with applicable laws, regulations, and standards, including but not limited to the Income Tax Act, 1961, the Goods and Services Tax Act, 2017, the Companies Act, 2013, and the Foreign Exchange Management Act, 1999, and further agrees to indemnify, defend, and hold harmless the Firm, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to Your violation of these Terms or Your use of the Services, including, without limitation, any unauthorized use of the Services’ content, services, or products, misrepresentation of financial records, or failure to adhere to statutory deadlines for tax filings, audit submissions, or regulatory disclosures, and acknowledges that the Firm reserves the unilateral right to terminate access to the Services, withhold deliverables, or pursue legal remedies in the event of non-compliance, breach, or fraudulent activity.
3. Fees, Payment Obligations, and Dispute Resolution
All fees, charges, retainers, or other monetary considerations payable for the Services rendered by the Firm shall be governed by the payment terms specified in the invoice, engagement letter, or ancillary contractual documentation, which terms are hereby incorporated by reference into these Terms, and the User irrevocably agrees that all Fees are non-refundable, non-negotiable, and non-transferable, except as expressly mandated under Section 14 of the Consumer Protection Act, 2019, or any other statutory provision, and further acknowledges that any disputes, controversies, or claims arising out of or relating to the Fees, including but not limited to the existence, validity, interpretation, performance, breach, or termination thereof, shall be resolved exclusively through binding arbitration administered in accordance with the Arbitration and Conciliation Act, 1996, with the seat of arbitration being [City, State], India, the language of arbitration being English, and the arbitral award rendered thereby being final and binding upon both parties, and waives any right to pursue remedies in court, including class actions or jury trials.
4. Disclaimer of Warranties and Limitation of Liability
THE SERVICES AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, FACILITIES, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OR TIMELINESS, ALL OF WHICH ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AND THE FIRM EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, LOSS, OR FAILURE TO STORE ANY USER CONTENT, COMMUNICATIONS, OR PERSONALIZATION SETTINGS, AND IN NO EVENT SHALL THE FIRM, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Governing Law, Jurisdiction, and Miscellaneous Provisions
This Agreement, and any disputes arising out of or in connection with this Agreement, shall be governed by, construed under, and enforced in accordance with the laws of the Republic of India, without regard to its conflict of law principles, and the User hereby irrevocably submits to the exclusive jurisdiction and venue of the courts located in [City, State], India, for the resolution of any such disputes, and expressly waives any objection to such jurisdiction or venue based on forum non conveniens or any other doctrine or principle, and further agrees that no failure or delay by the Firm to exercise any right or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy, and the invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision.