Refund & Cancellation Policy
FirstStartup.in — Ontaxco Professional Workforce Private Limited
1. Preamble
1.1 This Refund & Cancellation Policy (the "Policy") is issued by Ontaxco Professional Workforce Private Limited, CIN U74999DL2018PTC332242, having its registered office at K-318, 3rd Floor, Nai Basti, Lado Sarai, Mehrauli–Badarpur Road, New Delhi – 110030 (the "Company"), owner and operator of the brand FirstStartup and the website www.firststartup.in.
1.2 This Policy is published in compliance with Rules 4, 5 and 6 of the Consumer Protection (E-Commerce) Rules, 2020 (to the extent applicable to the Company as a seller of services) and forms an integral part of the Terms of Service. In case of conflict between this Policy and the Terms of Service on matters of cancellation and refund, this Policy prevails.
2. Definitions
2.1 Capitalised terms used but not defined in this Policy have the meanings given in the Terms of Service, including "Client", "Engagement", "Filing", "Government Charges", "Professional Fee", "Scope", "Services" and "Third-Party Charges".
2.2 In this Policy:
- "Cancellation Request" means a written request by the Client to cancel an Engagement, submitted in accordance with Clause 9;
- "Commencement of Work" means the earliest of: assignment of the Engagement to a team member; any consultation call with the Client; review of any Client Materials; preparation of any draft; any search on a government or other database; or application for a Digital Signature Certificate;
- "Point of No Return" means, for each Service, the stage specified in Clause 5 after which no part of the Professional Fee is refundable; and
- "Refund Amount" means the amount, if any, payable to the Client under this Policy after all permitted deductions.
3. General Principles
3.1 Nature of Services. The Services are professional services performed by persons and, in most cases, culminating in a Filing with a Governmental Authority. Effort is expended, and third-party costs are incurred, from the Commencement of Work. Refund entitlement therefore depends on the stage reached at the time a Cancellation Request is received.
3.3 Third-Party Charges. Third-Party Charges incurred before receipt of a Cancellation Request (including the cost of an issued Digital Signature Certificate, notarisation, stamp paper, courier and fees of Independent Professionals) are not refundable.
3.4 Gateway charges. Charges levied by the payment gateway or bank on the original transaction (up to three per cent (3%) of the amount paid) are deducted from any Refund Amount, except where the refund arises from the Company's own default.
4. Cancellation by the Client — Stage-wise Refund
4.1 Subject to Clauses 3 and 6, the Refund Amount on a Cancellation Request shall be determined by the stage reached on the date the Cancellation Request is received by the Company:
| Stage | Professional Fee refundable | Government Charges | Third-Party Charges |
|---|---|---|---|
| A. Within 48 hours of payment and before Commencement of Work | 100%, less gateway charges | 100% if not yet remitted | 100% if not yet incurred |
| B. After Commencement of Work but before the Point of No Return | 50% | Refunded to the extent not yet remitted | Refunded to the extent not yet incurred |
| C. On or after the Point of No Return | Nil | Nil | Nil |
| D. After delivery (Clause 3.5 of the Terms) | Nil | Nil | Nil |
4.2 Where an Engagement comprises several distinct Services (a bundle or package), the stage shall be determined separately for each component, and the Professional Fee shall be apportioned among components in proportion to their standalone list prices on the Platform on the date of purchase. Any discount on the bundle shall be withdrawn on the components consumed.
5. Point of No Return — Service-wise
5.1 The Point of No Return for each category of Service is as follows:
| Service | Point of No Return |
|---|---|
| Company, OPC, Section 8 company, LLP incorporation | Submission of the name-reservation application (SPICe+ Part A / RUN / RUN-LLP), or of the incorporation form where name and incorporation are filed together |
| Partnership firm registration | Execution of the partnership deed or submission of the registration application, whichever is earlier |
| GST registration | Submission of the registration application on the GST portal |
| GST, TDS and income-tax return filing | Sharing of the computed return for Client approval |
| Annual or event-based ROC compliance | Filing of the first form under the Engagement |
| Annual compliance packages (subscription) | Filing of the first return or form under the package; thereafter no refund for the remainder of the period |
| Trademark, copyright, design applications | Submission of the application to the Registry; for a search report, its delivery |
| Replies to objections, oppositions, hearings | Submission of the reply, or appearance at the hearing |
| Trust and society registration | Submission of the registration application or presentation of the deed for registration |
| FCRA, 12A, 80G, CSR-1 | Submission of the relevant form on the government portal |
| FSSAI registration and licence | Submission of the application on the FoSCoS portal |
| Fundraising, valuation, business plan, pitch deck, advisory | Delivery of the first draft or the first advisory session |
| Consultation calls | Commencement of the call |
5.2 Where a Service is not listed above, the Point of No Return is the first Filing under the Engagement or, if the Service involves no Filing, the delivery of the first Deliverable.
6. Circumstances in which No Refund is Payable
6.1 Without prejudice to Clause 4, no refund of the Professional Fee shall be payable where:
- 1the Cancellation Request is made on account of a change of mind, change in business plans, change in the constitution or members of the proposed entity, or a decision to engage another service provider, after Commencement of Work;
- 2any Governmental Authority has rejected, objected to, queried, delayed, abated or conditionally approved a Filing, including rejection of a proposed name or an examination report, opposition or refusal in respect of a trademark, for any reason not attributable to an error of the Company;
- 3the delay or rejection is attributable, wholly or in part, to Client Materials being incomplete, inaccurate, inconsistent, unsupported or furnished late, or to the ineligibility or antecedents of the Client or any Related Person;
- 4the Engagement has been closed as abandoned under Clause 8.4 of the Terms of Service;
- 5the Engagement has been terminated by the Company for cause under Clause 19.1 of the Terms of Service;
- 6the delay arises from a Force Majeure Event, including non-availability of a government portal, or from a change in Applicable Law, forms, fees or procedure;
- 7the Client has initiated a chargeback in breach of Clause 12; or
- 8the Cancellation Request is received more than thirty (30) days after the date of payment, where Commencement of Work had been communicated to the Client by email or WhatsApp within that period.
7. Deficiency Attributable to the Company
7.1 Error in a Filing. Where a Filing is rejected, or requires rectification, due to an error clearly and solely attributable to the Company (such as a data-entry error inconsistent with approved Client Materials), the Company shall, at its election, re-prepare and re-file without any additional Professional Fee, and shall bear any additional Government Charges arising directly from such error.
7.2 Failure to perform. Where the Company fails to make the Filing within thirty (30) days after the conditions in Clause 3.4 of the Terms of Service are satisfied, for reasons solely attributable to the Company, the Client may cancel the Engagement by written notice and shall be entitled to a refund of the full Professional Fee together with any Government Charges and Third-Party Charges not yet remitted or incurred.
7.3 Cancellation by the Company. Where the Company declines an Engagement before Commencement of Work, the entire amount received shall be refunded without deduction. Where the Company terminates an Engagement without cause after Commencement of Work, the Client shall be entitled to a refund of the Professional Fee for the undelivered portion, determined on the basis of Clause 4.2 where applicable, together with unremitted Government Charges and unincurred Third-Party Charges.
7.5 Exclusivity of remedy. Clauses 7.1 to 7.4, read with Article 16 of the Terms of Service, set out the Client's remedies for a deficiency attributable to the Company, without prejudice to any non-derogable right of a Consumer under the Consumer Protection Act, 2019.
8. Credit in Lieu of Refund
8.1 Where no refund, or only a partial refund, is payable, the Company may, at its sole discretion and as a goodwill gesture, offer a credit equal to all or part of the unconsumed Professional Fee, usable against any other Service on the Platform of equal or higher value.
8.3 Acceptance of a credit constitutes full and final settlement of the Client's claim to a refund in respect of the Engagement concerned.
9. Procedure for Cancellation and Refund
9.1 A Cancellation Request or refund claim shall be made only in writing by email to [email protected] from the Client's registered email address, and shall state: (a) the Client's name and registered mobile number; (b) the order or invoice number and payment reference; (c) the Service concerned; and (d) the grounds of the request, with supporting documents where a deficiency is alleged.
9.2 A Cancellation Request takes effect from the date and time of its receipt by the Company. Requests made orally, by telephone, through social media or to any individual employee shall not be valid until confirmed by email under Clause 9.1.
9.3 Upon receipt of a Cancellation Request, the Company shall immediately suspend further work on the Engagement, save for any step that cannot be halted (such as a Filing already in transmission).
10. Timelines and Mode of Refund
10.1 The Company shall acknowledge a Cancellation Request within forty-eight (48) hours, and communicate its decision within seven (7) Business Days of receipt, stating the stage reached and the computation of the Refund Amount.
10.2 An approved Refund Amount shall be credited within fifteen (15) Business Days of the decision, to the original source of payment through the payment gateway or, where payment was made by bank transfer, to the bank account from which payment was received. The time taken by the Client's bank, card issuer or payment system thereafter is outside the Company's control.
10.3 Refunds shall not be made in cash, by cheque to a third party, or to any account other than that of the original payer, save where the Company is satisfied that the original source is closed and the Client furnishes a cancelled cheque of an account in the Client's own name.
10.4 Where the Client has deducted tax at source on the Professional Fee, the Refund Amount shall be limited to the amount actually received by the Company, and the Client shall be responsible for any adjustment in its own tax records.
11. GST on Refunds
11.1 Where a tax invoice has been issued, the Company shall issue a credit note under Section 34 of the Central Goods and Services Tax Act, 2017 for the refunded portion, and the GST component shall be refunded only to the extent the Company is entitled to reduce its output tax liability.
11.2 Where the time limit under Section 34(2) of that Act for declaring the credit note has expired, the refund shall be limited to the Professional Fee net of GST, and the GST already paid shall not be refunded.
12. Chargebacks and Payment Disputes
12.1 The Client agrees to exhaust the procedure under this Policy before initiating a chargeback, payment reversal or dispute with a bank, card issuer or payment gateway.
13. Grievance Redressal
13.1 A Client dissatisfied with a decision under this Policy may escalate the matter to the Grievance Officer:
13.2 The Grievance Officer shall acknowledge the grievance within forty-eight (48) hours and endeavour to redress it within one (1) month of receipt, as required by the Consumer Protection (E-Commerce) Rules, 2020. Disputes that remain unresolved shall be governed by Article 21 of the Terms of Service.
14. Amendments and Governing Law
14.1 The Company may amend this Policy by publishing a revised version on the Platform. The Policy in force on the date of payment for an Engagement shall govern that Engagement.
14.2 This Policy is governed by the laws of India and is subject to the dispute-resolution provisions of Article 21 of the Terms of Service, without prejudice to the rights of a Consumer under the Consumer Protection Act, 2019.
Questions about a refund or cancellation?
Write to us from your registered email with your order details — we acknowledge every request within 48 hours.