Terms & Conditions - ROC Annual Filing

Welcome to Bizeneed India Private Limited. These Terms and Conditions govern the use of our ROC Annual Filing services, including AOC-4, MGT-7, DIR-3 KYC, charge creation filings, and all related statutory compliance activities under the Companies Act, 2013 and the rules made thereunder. 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 ROC Annual Filing services including AOC-4, MGT-7, DIR-3 KYC, and charge creation filings
• The Company acts as a technology-enabled intermediary connecting clients with qualified Company Secretaries and professionals
• By engaging our services, you confirm you have read, understood, and agree to these Terms
• If you act on behalf of a company, LLP, or other 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 ROC Annual Filing services encompass the preparation, filing, and follow-up with the Ministry of Corporate Affairs (MCA) for various statutory forms and annual return filings. This includes Form AOC-4 (Annual Return to the Registrar of Companies) along with financial statements, Directors' Report, and supporting documents; Form MGT-7 (Annual Return by a Company other than OPC and small company) for filing with the Registrar; DIR-3 KYC filings for the annual Know Your Customer update of directors as mandated by the Companies Act, 2013 and KYC (AML) Rules; and Charge creation filings under Section 77 of the Companies Act, 2013 for creation, modification, and satisfaction of charges on company assets. The scope of each engagement is limited to the specific services purchased by you and described in the service confirmation. Any services beyond the defined scope will be billed separately.

• Form AOC-4 - Annual filing of financial statements, Directors' Report, and related documents
• Form MGT-7 - Annual Return filing with MCA including details of shareholders, directors, and company status
• DIR-3 KYC - Annual KYC update filing for all designated directors with MCA
• Charge creation filing - Registration of charges on company assets under Section 77 of the Companies Act, 2013
• Modification and satisfaction of charges filed with the Registrar of Companies
• Follow-up and status tracking of all statutory filings with MCA authorities
• Advisory on compliance requirements and timelines for annual corporate filings

As a client engaging our ROC Annual Filing services, you are required to fulfil certain obligations to ensure timely and accurate filing. You must pass a board resolution authorising our engagement for the preparation and filing of annual returns and other statutory forms. You must provide audited financial statements prepared by a qualified Chartered Accountant as required under the Companies Act, 2013, including the balance sheet, profit and loss account, cash flow statement, and notes to accounts. You must provide all necessary board resolutions, shareholding patterns, director details, shareholder information, and any other documents required for the statutory filings. For charge creation filings, you must provide loan agreements, charge documents, details of assets charged, and the supporting evidence. You must also complete DPT-3 (Return of Deposits) filing obligations if your company has accepted deposits from the public or members, including maintaining the register of deposits.

• Pass a board resolution authorising the engagement of Bizeneed for annual return filings and related services
• Provide audited financial statements prepared by a qualified Chartered Accountant for the relevant financial year
• Provide accurate and complete director details, shareholding patterns, and shareholder information
• Supply all required documents including board resolutions, loan agreements, charge documents, and supporting evidence
• Complete DPT-3 (Return of Deposits) filing if applicable, including maintaining the register of deposits
• Review and sign all draft documents before submission to MCA
• Promptly communicate any changes in company structure, directors, shareholding, or registered office address
• Respond to any queries or observations raised by MCA within the stipulated timelines
• Ensure all information and documents provided are correct, complete, and verifiable

Service fees for ROC Annual Filing are communicated at the time of service engagement and become binding upon your acceptance. All fees are quoted inclusive or exclusive of GST as explicitly specified in the invoice or quotation. Government fees (MCA filing fees, penalty fees), courier charges, out-of-pocket expenses, and third-party 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 inclusive or exclusive of GST as explicitly stated in the invoice or quotation
• MCA government filing fees and statutory charges 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 ROC Annual Filing services are as follows: Form AOC-4 filings typically take 15-25 business days from the date of receipt of all required documents and audited financials. Form MGT-7 filings typically take 15-30 business days from the date of receipt of complete information and documents. DIR-3 KYC filings typically take 15-20 business days per director, subject to the number of directors requiring updates. Charge creation filings typically take 15-30 business days from the date of receipt of complete charge documents and supporting evidence. These timelines are indicative and subject to MCA processing times, government holidays, workload, and the completeness and accuracy of documents provided by you. Delays in document submission or incorrect information will extend the timelines proportionally.

• Form AOC-4: 15-25 business days from receipt of all required documents and audited financials
• Form MGT-7: 15-30 business days from receipt of complete information and documents
• DIR-3 KYC: 15-20 business days per director, subject to MCA processing times
• Charge creation filing: 15-30 business days from receipt of complete charge documents and supporting evidence
• Timelines are indicative and subject to MCA processing times, government holidays, and workload
• 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 company financials, business plans, proprietary data, and all documents provided for 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
• Your confidential information will not be disclosed to third parties except as required for service delivery
• Company financials, business plans, proprietary data, and filing documents are treated as confidential
• 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 ROC Annual Filing 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 ROC Annual Filing 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 15 days' prior written notice to the other party, given the time-sensitive nature of statutory filings. 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. We will make reasonable efforts to deliver completed work product for filings already in progress. 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 15 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
• Completed work product for in-progress filings will be delivered to the client
• 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

Any dispute arising from or in connection with these Terms or the use of our ROC Annual Filing 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 ROC Annual Filing 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 ROC filing-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