Terms & Conditions - Company Strike Off

Welcome to Bizeneed India Private Limited. These Terms and Conditions govern the engagement between you ("Client", 'you', or 'your') and Bizeneed India Private Limited ("Company", 'we', 'us', or 'our') for the company strike-off services facilitated through the Bizeneed platform. These Terms are framed in strict accordance with the Companies Act, 2013, the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016, the Indian Contract Act, 1872, and all other applicable Indian laws and regulations. Please read these Terms carefully before engaging our services. By submitting a service request, making a payment, or providing any documents, you agree to be bound by these Terms in their entirety. If you do not agree with any provision of these Terms, you must immediately discontinue the engagement.

• These Terms govern all engagements for company strike-off services facilitated through the Bizeneed platform
• The Platform operates as a technology-enabled intermediary connecting clients with qualified professionals for compliance and advisory services
• By submitting a service request, making a payment, or providing any documents, 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 to these Terms
• Continued engagement after any modifications to these Terms constitutes acceptance of the updated Terms
• Questions regarding these Terms should be directed to legal@bizeneed.in

These Terms apply to all company strike-off services facilitated through the Bizeneed platform, including voluntary strike-off under Section 248 of the Companies Act, 2013, and compulsory strike-off proceedings initiated by the Registrar of Companies (ROC). Our services include assistance with board resolution preparation, filing of STK-2 (application for strike-off), NOC from various government departments (Income Tax, GST, ESIC, EPF), preparation of affidavits and indemnity bonds, liaison with ROC, status tracking, and all related advisory services. Please note that Bizeneed acts as an intermediary and advisory platform. The actual decision to strike off a company, as well as the approval or rejection of the application, rests solely with the Registrar of Companies and the Ministry of Corporate Affairs (MCA).

• Voluntary strike-off of a company under Section 248 of the Companies Act, 2013
• Compulsory strike-off proceedings initiated by the Registrar of Companies (ROC)
• Preparation and filing of STK-2 (application for strike-off) with the ROC
• Assistance in obtaining NOC from the Income Tax Department, GST Department, ESIC, EPF, and other relevant authorities
• Preparation of board resolutions, affidavits, indemnity bonds, and other required documentation
• Advisory services regarding eligibility, procedure, timelines, and compliance requirements for strike-off
• Liaison with ROC and status tracking of the strike-off application until final disposition
• These services are advisory and facilitation services; Bizeneed does not guarantee the outcome of ROC proceedings

You agree to provide all necessary information, documents, and cooperation required for the timely and complete delivery of our strike-off services. This includes but is not limited to providing a valid board resolution passed by the board of directors authorising the strike-off, No Objection Certificates (NOCs) from all relevant government departments including Income Tax, GST, ESIC, and EPF, a duly executed affidavit and indemnity bond in the format prescribed under the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016, latest audited financial statements, annual returns (AOC-4, MGT-7) up to the date of application, and any other documents as may be required by the ROC or MCA. You further represent and warrant that all information and documents provided are true, complete, accurate, and not misleading in any manner.

• Provide a valid board resolution passed by the board of directors authorising the strike-off of the company
• Obtain and provide NOCs from all relevant government departments - Income Tax, GST, ESIC, EPF, and others as applicable
• Execute and provide an affidavit and indemnity bond in the format prescribed under the applicable Rules
• Submit latest audited financial statements and annual returns (AOC-4, MGT-7) up to the date of application
• Ensure the company has no pending legal proceedings, statutory dues, or liabilities at the time of application
• Respond to all queries, show-cause notices, or deficiency letters from the ROC within the stipulated timelines
• Maintain all statutory registers, minute books, and records until the strike-off is finally approved
• Represent and warrant that all information and documents provided are true, complete, accurate, and not misleading

Service fees for company strike-off are as communicated at the time of engagement and become binding upon acceptance by you. All fees are quoted inclusive or exclusive of GST as explicitly specified at the time of quoting. Government fees, stamp duties, and out-of-pocket expenses are billed separately and are payable in addition to our professional fees. Payment terms are as specified in the service engagement agreement. Late payments may attract interest at 18% per annum calculated from the due date until the date of actual payment. We reserve the right to suspend or hold all services for accounts with overdue payments exceeding 30 days. All payments must be made through official payment channels. Refund eligibility is governed by our Refund Policy.

• Service fees are as communicated at the time of engagement and become binding upon acceptance
• Fees are inclusive or exclusive of GST as explicitly stated in the invoice or quotation
• Government fees, stamp duties, and out-of-pocket expenses are billed separately
• Late payments attract interest at 18% per annum from the due date to the date of actual payment
• All payments must be made through official payment gateways integrated with the Platform
• Services may be suspended for accounts with overdue payments exceeding 30 days
• Refund eligibility is governed by our Refund Policy available at /refund-policy
• You are responsible for all applicable taxes, cess, and duties as per applicable law

The timelines for company strike-off are indicative and subject to the efficiency of government departments, regulatory bodies, and other third parties. Under normal circumstances, the ROC processing time for a Section 248 strike-off application ranges from 3 to 9 months, subject to the company's compliance status and the absence of any objections. This includes the time for ROC review, publication in the Official Gazette, and any show-cause proceedings. Delays caused by incomplete documentation, lack of government clearances, objections raised by the ROC, or any other factors beyond our reasonable control shall not be attributable to Bizeneed. We make commercially reasonable efforts to track and expedite the process within the constraints of the regulatory framework.

• ROC processing time: 3 to 9 months under normal circumstances from the date of application
• The process includes ROC review, publication in the Official Gazette, and show-cause proceedings (if any)
• Timelines are indicative and subject to the efficiency of government departments and regulatory bodies
• Delays due to incomplete documentation, missing NOCs, or objections raised by ROC are not attributable to Bizeneed
• We provide periodic status updates and track the application progress throughout the process
• Force majeure events, changes in regulations, and procedural delays may extend timelines
• We make commercially reasonable efforts to expedite the process within the constraints of the regulatory framework

Both parties agree to maintain strict confidentiality of all proprietary information, trade secrets, business data, financial information, and any other confidential information disclosed during the course of this engagement. You agree not to disclose any confidential information obtained from Bizeneed to third parties without prior written consent. Bizeneed agrees to maintain the confidentiality of your business information, financial data, and documents provided for the strike-off process. All data shared with us is processed solely for the purpose of providing the requested services. We implement reasonable security measures to protect your data. Notwithstanding the above, confidentiality obligations shall not apply to information that is publicly available, required to be disclosed by law or court order, or independently developed without reference to the confidential information.

• Both parties agree to maintain strict confidentiality of all proprietary and business information
• You shall not disclose confidential information obtained from Bizeneed to third parties without prior written consent
• Bizeneed maintains confidentiality of your business information, financial data, and documents
• All data is processed solely for the purpose of providing the requested strike-off services
• Reasonable security measures are implemented to protect your data during processing and storage
• Confidentiality obligations do not apply to publicly available information or information required by law
• Upon completion or termination of services, your data will be handled as per our data retention policy

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 shall not exceed the service fees paid by you for the strike-off service. 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 government authorities, regulatory bodies, or third-party service providers. We do not guarantee the approval of the strike-off application by the ROC.

• Aggregate liability limited to the service fees paid for the specific strike-off service
• 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, or rejections caused by the ROC, MCA, or other 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 including acts of God, natural disasters, government actions, or technical failures
• Nothing in these Terms excludes liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation

Either party may terminate the service engagement by providing not less than 30 days' prior written notice to the other party. Bizeneed may immediately suspend or terminate your access to the Platform and all associated services without prior notice if you breach these Terms, fail to make payments when due, provide false or misleading information, or engage in any activities that harm the Platform or our business interests. Upon termination, all outstanding fees and charges become immediately due and payable. Fees paid for services already rendered or for which work has commenced are non-refundable. 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 30 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
• Fees paid for services already rendered or for which work has commenced are non-refundable
• Access to the Platform and all associated services will be suspended upon termination
• Provisions relating to confidentiality, liability, dispute resolution, and intellectual property survive termination
• Upon request within 30 days of termination, user data will be handled as per our data retention policy

Any dispute arising from or in connection with these Terms or the company strike-off 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. 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. The courts in New Delhi, Delhi, India shall have exclusive jurisdiction over any dispute, claim, or proceeding arising out of or relating to these Terms or the use of our Platform.

• 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
• Courts in New Delhi, Delhi, India have exclusive jurisdiction over all disputes
• Either party may seek urgent interim or injunctive relief from a court of competent jurisdiction
• This clause does not affect any rights or remedies available under applicable consumer protection laws

If you have any questions, concerns, or feedback regarding these Terms and Conditions for company strike-off services, please do not hesitate to contact us. Our team is available to address any queries or clarifications you may need regarding the terms and conditions governing your engagement for strike-off services. 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
• 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