Terms & Conditions - DIR-3 KYC

Welcome to Bizeneed India Private Limited. These Terms and Conditions govern the use of our DIR-3 KYC (Know Your Customer) filing services for directors of Indian companies, as mandated by the Companies Act, 2013 and the KYC (Know Your Customer) Rules, 2016. These Terms constitute a legally binding agreement between you ('User', 'you', or 'your') and Bizeneed India Private Limited ('Company', 'we', 'us', or 'our'). Please read these Terms carefully before engaging our services. By submitting a service request, making payment, or providing any documents, you agree to be bound by these Terms in their entirety.

• These Terms apply to all DIR-3 KYC filing and annual update services offered by Bizeneed
• The Company acts as a technology-enabled intermediary connecting clients with qualified Company Secretaries
• By engaging our services, you confirm you have read, understood, and agree to these Terms
• If you act on behalf of a company or legal entity, you represent that you have the authority to bind that entity
• Continued engagement with our services after any modification to these Terms constitutes acceptance of the updated Terms
• Questions regarding these Terms should be directed to legal@bizeneed.in

Our DIR-3 KYC services encompass the preparation, filing, and follow-up with the Ministry of Corporate Affairs (MCA) for the annual Know Your Customer update of directors of Indian companies as mandated under the Companies Act, 2013 and KYC (AML) Rules, 2016. This includes the initial DIR-3 KYC filing for newly designated directors, annual KYC updates for all existing directors maintaining their Director Identification Number (DIN), and processing of any corrections or re-submissions required by MCA authorities. The scope of each engagement is limited to the specific services purchased by you. Any additional directors requiring KYC updates beyond the agreed number will be billed separately.

• Initial DIR-3 KYC filing for newly designated directors with MCA
• Annual KYC updates for all existing directors maintaining their DIN
• Corrections and re-submissions of KYC forms rejected or queried by MCA
• Follow-up and status tracking of all KYC filings with MCA authorities
• Advisory on KYC compliance requirements, timelines, and documentation for directors
• Support for DIN-related queries and MCA status checks

As a client engaging our DIR-3 KYC services, you must provide accurate and complete details of each director requiring KYC filing. For each director, you must provide their full name as per PAN, Director Identification Number (DIN), date of birth, permanent address, residential address, PAN number, mobile number, email address, and other personal details as required by the MCA. You must provide a recent passport-size photograph of the director in the required format (JPEG/JPG, max 50 KB). You must provide the director's signature on the declaration in the prescribed format. You must provide the mobile number and email address of each director as these are used for OTP-based authentication by the MCA portal. You must ensure that all information provided is accurate, complete, and consistent across all documents and that the director has consented to the KYC filing.

• Provide accurate and complete details of each director requiring KYC filing (full name, DIN, date of birth, addresses, PAN)
• Provide each director's mobile number and email address for OTP-based MCA authentication
• Provide recent passport-size photographs of each director in JPEG/JPG format (max 50 KB)
• Provide each director's signature on the declaration in the prescribed format
• Ensure all director details are consistent with the information on record with MCA
• Obtain consent from each director for the KYC filing being made on their behalf
• Promptly communicate any changes in director details (address, mobile, email, etc.)
• Respond to any queries or observations raised by MCA within the stipulated timelines

Service fees for DIR-3 KYC are communicated at the time of service engagement and become binding upon your acceptance. Fees are typically charged per director per year. All fees are quoted inclusive or exclusive of GST as explicitly specified in the invoice or quotation. MCA government filing fees, penalty fees for late filing, and any other statutory charges are billed separately in addition to our professional fees. Late payments may attract interest at 18% per annum or the maximum rate permitted under applicable law, calculated from the due date until the date of actual payment. We reserve the right to withhold or suspend filing activities for accounts with overdue payments exceeding 30 days. All payments must be made through the official payment channels integrated with the Bizeneed Platform.

• Service fees are as communicated at the time of engagement and are binding upon acceptance
• Fees are typically charged per director per year for KYC filing services
• Fees are inclusive or exclusive of GST as explicitly stated in the invoice or quotation
• MCA government filing fees and late-filing penalties are billed separately
• Late payments attract interest at 18% per annum from the due date to the date of actual payment
• Services may be suspended for accounts with overdue payments exceeding 30 days
• All payments must be made through official payment channels integrated with the Platform
• Refund eligibility is governed by our Refund Policy available at /refund-policy

Our standard service timelines for DIR-3 KYC services are as follows: Initial DIR-3 KYC filing for new directors typically takes 3-5 business days from the date of receipt of complete information and documents. Annual KYC updates for existing directors typically take 5-7 business days per director from the date of receipt of updated information. Corrections and re-submissions for rejected forms typically take 3-5 business days from the date of receipt of corrected information. These timelines are indicative and subject to MCA portal availability, processing times, government holidays, and the completeness and accuracy of documents provided by you. Delays in document submission or incorrect information will extend the timelines proportionally.

• Initial DIR-3 KYC filing: 3-5 business days from receipt of complete information and documents
• Annual KYC updates: 5-7 business days per director from receipt of updated information
• Corrections and re-submissions: 3-5 business days from receipt of corrected information
• Timelines are indicative and subject to MCA portal availability and processing times
• Delays in document submission or incorrect information will extend timelines proportionally
• Expedited processing may be available upon request at additional charges

Both parties agree to maintain strict confidentiality of all information exchanged during the course of service engagement. Bizeneed India Private Limited undertakes to protect your confidential information including director personal details, PAN numbers, DIN information, and all documents provided for KYC filing purposes, using the same degree of care as we use for our own confidential information of like importance. We will not disclose, share, or transfer your confidential information to any third party except as required for the purpose of providing the contracted services (to our professional associates, government authorities, or regulatory bodies). You agree that any information shared with us in the course of the engagement will be treated confidentially. This obligation of confidentiality shall survive the termination of the service engagement for a period of 5 years.

• Bizeneed undertakes to protect all confidential information shared by you during the engagement
• Director personal details, PAN numbers, DIN information, and KYC documents are treated as confidential
• Your confidential information will not be disclosed to third parties except as required for service delivery
• This obligation of confidentiality survives the termination of the service engagement for 5 years
• Information required to be disclosed to government authorities or regulatory bodies is excluded from this obligation
• Both parties agree to use reasonable efforts to prevent unauthorised disclosure of confidential information

To the maximum extent permitted under applicable Indian law, including the Information Technology Act, 2000 and the Consumer Protection Act, 2019, Bizeneed India Private Limited's aggregate liability under any service engagement or claim arising from these Terms or the use of our services shall not exceed the service fees paid by you for the specific DIR-3 KYC service in the preceding 12 months. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, business interruption, or any other financial loss arising from the use or inability to use our services. We are not liable for delays, errors, rejections, or adverse outcomes caused by MCA, government authorities, or third-party service providers. We are not liable for any consequences arising from inaccurate, incomplete, or delayed information or documents provided by you.

• Aggregate liability limited to fees paid for the specific DIR-3 KYC service in the preceding 12 months
• No liability for indirect, incidental, special, consequential, or punitive damages of any kind
• No liability for loss of profits, data, goodwill, business opportunities, or anticipated savings
• Not liable for delays, errors, rejections, or adverse outcomes caused by MCA or government authorities
• Not liable for losses arising from inaccurate, incomplete, or delayed information provided by you
• No liability for service interruptions due to force majeure events beyond reasonable control

Either party may terminate the service relationship by providing not less than 7 days' prior written notice to the other party. Bizeneed may immediately suspend or terminate your access to services without prior notice if you breach these Terms, fail to make payments when due, provide false, misleading, or inaccurate information, or engage in activities that harm our business interests. Upon termination, all outstanding fees and charges become immediately due and payable. Access to service dashboards and all associated services will be suspended upon termination. Provisions of these Terms that by their nature should survive termination shall remain in full force and effect.

• Either party may terminate with not less than 7 days' prior written notice
• We may immediately suspend or terminate for breach of Terms, non-payment beyond 30 days, or fraudulent activity
• All outstanding fees and charges become immediately due and payable upon termination
• Access to service dashboards and all associated services will be suspended upon termination
• Provisions relating to confidentiality, liability, dispute resolution, and intellectual property survive termination
• Upon request within 15 days of termination, a summary of completed filings will be provided

Any dispute arising from or in connection with these Terms or the use of our DIR-3 KYC services shall first be attempted to be resolved through good-faith negotiations between the parties for a period of 30 days. If the dispute cannot be resolved through negotiation, it shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 before a sole arbitrator appointed by mutual consent of both parties. The seat of arbitration shall be New Delhi, Delhi, India, and the language of arbitration shall be English. The arbitration award shall be final and binding. These Terms shall be governed by and construed in accordance with the laws of India. The courts in New Delhi, Delhi, India shall have exclusive jurisdiction over any dispute not resolvable through arbitration.

• Disputes shall first be attempted to be resolved through good-faith negotiations for 30 days
• Unresolved disputes are referred to arbitration under the Arbitration and Conciliation Act, 1996
• Seat of arbitration: New Delhi, Delhi, India; Language: English
• The arbitration award shall be final and binding on all parties
• These Terms are governed by the laws of India without regard to conflict of law provisions
• Courts in New Delhi, Delhi, India have exclusive jurisdiction over disputes not resolvable through arbitration
• Either party may seek urgent interim or injunctive relief from a court of competent jurisdiction

If you have any questions, concerns, or feedback regarding these Terms and Conditions for DIR-3 KYC services, please do not hesitate to contact us. Our legal and compliance teams are available to address any queries or clarifications you may need. For general inquiries, service-related questions, or technical support, please reach out through our contact channels. For legal and compliance-related matters, please use the dedicated email address below. We strive to respond to all inquiries within a reasonable timeframe.

• Email: legal@bizeneed.in - for legal, compliance, and terms-related inquiries
• Email: support@bizeneed.in - for general support, technical issues, and service queries
• Email: cs@bizeneed.in - for Company Secretary and DIR-3 KYC-related queries
• Registered Office: Bizeneed India Private Limited, New Delhi, Delhi, India
• Grievance Officer: grievance@bizeneed.in - for complaints and dispute resolution
• Response time: We aim to respond to all inquiries within 2-3 business days