Terms of Service
FirstStartup.in · Ontaxco Professional Workforce Private Limited
Preamble
These Terms of Service (the “Terms”) constitute a legally binding agreement between:
ONTAXCO PROFESSIONAL WORKFORCE PRIVATE LIMITED, a company incorporated under the Companies Act, 2013, bearing Corporate Identity Number U74999DL2018PTC332242, Goods and Services Tax Identification Number 07AACCO6840R1ZT and Permanent Account Number AACCO6840R, having its registered office at K-318, 3rd Floor, Nai Basti, Lado Sarai, Mehrauli–Badarpur Road, New Delhi – 110030, India, which owns and operates the brand and online platform “FirstStartup” and the website www.firststartup.in (hereinafter the “Company”, “FirstStartup”, “we”, “us” or “our”, which expression shall, unless repugnant to the context, include its successors and permitted assigns), of the ONE PART;
AND the person, whether natural or juristic, who accesses or uses the Platform or avails any Service (hereinafter the “Client”, “User”, “you” or “your”, which expression shall, unless repugnant to the context, include your legal heirs, executors, administrators, successors and permitted assigns), of the OTHER PART.
The Company and the Client are individually a “Party” and collectively the “Parties”.
Statutory notice
- aThese Terms are an electronic record within the meaning of the Information Technology Act, 2000 and the rules made thereunder, as amended from time to time, and the provisions relating to electronic records in the statutes amended by that Act. This electronic record is generated by a computer system and, under Section 10A of that Act, a contract formed through electronic means shall not be deemed unenforceable solely on the ground that it was formed in electronic form. No physical or digital signature is required.
- bThese Terms are published in compliance with, among others, Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (to the extent applicable) and Rules 4 and 5 of the Consumer Protection (E-Commerce) Rules, 2020. The disclosures required of a seller and e-commerce entity are set out in Schedule I.
- cPLEASE READ THESE TERMS CAREFULLY. They contain, among other things, a limitation of the Company’s liability (Article 16), an indemnity by you (Article 17), and a dispute-resolution mechanism including arbitration for non-consumer Clients (Article 21). By clicking “I agree”, “Pay”, “Proceed” or any similar button, making any payment, uploading or sharing any document, or otherwise accessing or using the Platform or any Service, you signify your unconditional acceptance of these Terms, the Privacy Policy and the Refund & Cancellation Policy. If you do not accept them, you must not access the Platform or avail any Service.
Article 1 — Definitions and Interpretation
1.1 Definitions. In these Terms, unless the context otherwise requires, the following capitalised expressions have the meanings set out below:
- a“Applicable Law” means all statutes, enactments, ordinances, rules, regulations, notifications, circulars, guidelines, orders, judgments and decrees of any Governmental Authority in force in India from time to time, including the Companies Act, 2013, the Limited Liability Partnership Act, 2008, the Central Goods and Services Tax Act, 2017, the Income-tax Act, 1961 and the Income-tax Act, 2025 (as and when in force), the Trade Marks Act, 1999, the Copyright Act, 1957, the Designs Act, 2000, the Foreign Contribution (Regulation) Act, 2010, the Food Safety and Standards Act, 2006, the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, the Consumer Protection Act, 2019, and the Prevention of Money-laundering Act, 2002, together with the rules made under each of them.
- b“Client Materials” means all information, data, documents, records, photographs, specimen signatures, credentials, OTPs, Digital Signature Certificates, brand names, marks, logos and other content furnished by or on behalf of the Client, including Personal Data of Related Persons.
- c“Consumer” has the meaning given in Section 2(7) of the Consumer Protection Act, 2019, and excludes a person who avails a Service for any commercial purpose to the extent so excluded by that Section.
- d“Deliverable” means any form, application, return, draft, certificate copy, acknowledgement, report or other output provided to the Client in the course of a Service.
- e“Engagement” means each order for a Service placed by the Client and accepted by the Company, whether through the Platform, a Quotation, an invoice, email or any electronic communication.
- f“Fees” means the Professional Fee together with Government Charges, Third-Party Charges and applicable Taxes.
- g“Filing” means the submission, upload or presentation of any application, form, return, request, reply or document to any Governmental Authority, including through any government portal, and includes a name-reservation request, DSC application and trademark search report generated on an official portal.
- h“Government Charges” means all statutory fees, filing fees, stamp duty, late fees, additional fees, penalties and other amounts payable to any Governmental Authority in connection with a Service.
- i“Governmental Authority” means any government, ministry, department, statutory or regulatory authority, registrar, tribunal, court, commission, agency or body in India, including the Ministry of Corporate Affairs, Registrar of Companies, Central Registration Centre, Office of the Controller General of Patents, Designs and Trade Marks, Registrar of Copyrights, GST authorities, Income-tax Department, Ministry of Home Affairs, Food Safety and Standards Authority of India, and Registrars of Societies and Trusts.
- j“Independent Professional” means a chartered accountant, company secretary, cost accountant, advocate, valuer, certifying authority or other professional who is not an employee of the Company and who is engaged by the Company or the Client in connection with a Service.
- k“Personal Data” has the meaning given in the Digital Personal Data Protection Act, 2023.
- l“Platform” means the website www.firststartup.in, its sub-domains, client dashboards, mobile interfaces, and all communication channels operated by the Company, including official email, telephone and WhatsApp Business numbers.
- m“Professional Fee” means the consideration payable to the Company for a Service, exclusive of Government Charges, Third-Party Charges and Taxes.
- n“Quotation” means a written proposal, estimate or pricing communication issued by the Company to the Client.
- o“Related Person” means any director, designated partner, partner, shareholder, member, subscriber, nominee, trustee, authorised signatory, employee, beneficial owner or other individual whose information is furnished by the Client.
- p“Scope” means the description of a Service as stated on the relevant Platform page, Quotation or invoice on the date the Engagement is accepted, and nothing more.
- q“Services” means the facilitation, documentation, Filing, compliance-support, advisory and related services offered by the Company from time to time, as described in Article 3.
- r“Taxes” means goods and services tax and all other applicable taxes, cesses and levies, excluding taxes on the Company’s income.
- s“Third-Party Charges” means amounts payable to persons other than the Company and Governmental Authorities, including charges for Digital Signature Certificates, notarisation, apostille, attestation, courier, stamp vendors and Independent Professionals.
1.2 Interpretation. In these Terms, unless the context otherwise requires:
- aheadings are for convenience only and do not affect interpretation;
- bthe singular includes the plural and vice versa, and any gender includes all genders;
- cthe words “include” and “including” are illustrative and do not limit the generality of the preceding words;
- da reference to a statute or statutory provision includes any amendment, modification, re-enactment or replacement of it, and all subordinate legislation made under it;
- ea reference to “writing” or “written” includes email and any electronic record;
- fa reference to “days” means calendar days, and “Business Day” means a day other than a Saturday, Sunday or public holiday in New Delhi;
- gno rule of construction shall apply to the disadvantage of a Party on the ground that such Party drafted these Terms; and
- hthe Privacy Policy and the Refund & Cancellation Policy are incorporated into and form an integral part of these Terms by reference.
Article 2 — Acceptance, Eligibility and Amendment
2.1 Acceptance. These Terms bind the Client from the earliest of: (a) first access to the Platform; (b) submission of any enquiry form or Client Materials; (c) acceptance of a Quotation; or (d) payment of any Fees.
2.2 Capacity. The Client represents that it is competent to contract within the meaning of Section 11 of the Indian Contract Act, 1872, is at least eighteen (18) years of age, is not an undischarged insolvent, and is not barred from receiving the Services under Applicable Law.
2.3 Entities and authority. Where the Services are availed for or on behalf of a company, LLP, firm, trust, society, Hindu undivided family or other entity (whether existing or proposed), the individual accepting these Terms represents that he or she is duly authorised to bind such entity. Such individual and the entity (upon its incorporation or registration, by ratification or otherwise) shall be jointly and severally liable for the Client's obligations. A proposed entity shall be deemed to have adopted these Terms upon its incorporation or registration.
2.4 Amendment. The Company may amend these Terms, the Privacy Policy or the Refund & Cancellation Policy from time to time. Amended terms take effect on the date of publication on the Platform as indicated by the revised “Last Updated” date. Material amendments shall be notified on the Platform and, for Clients with an active Engagement, by email to the registered address. An Engagement accepted before the effective date of an amendment shall continue to be governed by the terms in force on the date of acceptance, save for amendments necessitated by a change in Applicable Law. Continued use of the Platform after the effective date constitutes acceptance of the amended terms.
2.5 Additional terms. Specific Services may be subject to additional terms set out on the relevant Platform page, Quotation or engagement letter. In case of conflict, such additional terms prevail only in respect of that Service.
Article 3 — Services, Scope and Engagement
3.1 Services. The Company offers, among others, the following Services: incorporation and registration of private limited companies, public limited companies, one person companies, Section 8 companies, limited liability partnerships and partnership firms; GST registration and return filing; TDS and income-tax return filing; annual and event-based corporate compliance; trademark, copyright and design filings; registration of trusts and societies; FCRA registration, 12A and 80G registration and CSR-1 filing; FSSAI registration and licensing; and fundraising and business-advisory support.
3.3 Formation of an Engagement. An Engagement is formed when the Company receives the Fees (or the agreed advance) for a Service. The Company reserves the right, in its sole discretion and without assigning reasons, to decline any Engagement before commencement, in which case the amount received shall be refunded in full.
3.4 Commencement. The Company's obligation to commence a Service arises only upon receipt of (a) the Fees or agreed advance in cleared funds, and (b) complete Client Materials in the form required.
3.5 Delivery. A Service shall be deemed delivered upon the earliest of: (a) the Filing having been made, in respect of Services whose Scope is the making of a Filing; (b) the issue of the registration, certificate, number or acknowledgement by the Governmental Authority; (c) the Deliverable being sent to the Client's registered email, dashboard or WhatsApp number; or (d) the Client being granted access to the relevant portal credentials.
3.6 Modification of Services. The Company may add, modify, suspend or discontinue any Service or feature of the Platform at any time. Any discontinuance affecting an ongoing Engagement shall be dealt with in accordance with the Refund & Cancellation Policy.
Article 4 — Nature of Relationship and Professional Disclaimers
4.1 Facilitator only. The Company acts solely as a facilitator and service provider that prepares and submits Filings on the Client's instructions and on the basis of Client Materials. The Company is not a Governmental Authority, does not grant or issue any registration, licence, certificate or number, and does not act as the Client's agent for any purpose other than the Filings expressly within the Scope.
4.2 Not a firm of advocates or chartered accountants. The Company is not a firm of advocates within the meaning of the Advocates Act, 1961, nor a firm of chartered accountants, company secretaries or cost accountants within the meaning of their respective governing statutes. No advocate–client, or other privileged professional, relationship arises between the Company and the Client by reason of these Terms. Where Applicable Law requires a Filing to be certified, signed or appeared in by a qualified professional, such certification, signature or appearance is the independent professional act of the Independent Professional concerned, who alone shall be answerable for it under the statute governing his or her profession.
4.3 No advice. Unless a Service is expressly described as an advisory Service in its Scope, all information provided by the Company — whether on the Platform, in blogs, guides, calculators, webinars, calls, chats or emails — is general information and does not constitute legal, tax, accounting, investment or other professional advice. The Client should obtain independent professional advice before acting on it.
4.4 Independent contractor. The Parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, fiduciary or agency relationship, save the limited authority in Clause 4.1.
4.5 Sub-contracting. The Company may engage employees, affiliates, Independent Professionals and technology vendors to perform any part of a Service, without the Client's further consent.
Article 5 — Client Representations, Warranties and Covenants
5.1 Representations and warranties. The Client represents and warrants, on the date of each Engagement and on each date on which Client Materials are furnished, that:
- aall Client Materials are true, correct, complete, current, not misleading, and lawfully obtained;
- ball documents furnished are genuine and have not been forged, altered or fabricated;
- cthe Client holds all rights, consents and authorisations necessary to furnish Client Materials, including the informed consent of each Related Person as required by Article 6;
- dany proposed name, trademark, logo, design or work does not, to the Client’s knowledge, infringe the rights of any third party;
- ethe Client and each Related Person are not disqualified under Applicable Law (including Section 164 of the Companies Act, 2013) from holding the position proposed;
- fthe funds used to pay the Fees and to capitalise any proposed entity are from legitimate sources and are not proceeds of crime within the meaning of the Prevention of Money-laundering Act, 2002; and
- gthe Services are not being availed for any unlawful, fraudulent, benami, shell-entity or sanctions-violating purpose.
5.2 Covenants. The Client shall:
- afurnish Client Materials, OTPs, Digital Signature Certificates, e-signs and approvals promptly and in any case within the time requested by the Company;
- breview every draft, form or summary sent for approval, and communicate any correction before granting approval. Approval given by email, WhatsApp, Platform click, OTP or affixation of a Digital Signature Certificate shall constitute conclusive confirmation of the correctness of the content approved;
- ckeep its contact details current and promptly read all communications sent to its registered email and WhatsApp number;
- dkeep all credentials, OTPs and Digital Signature Certificates secure and change any password shared with the Company upon completion of the Service. Any Filing made using a credential, OTP or Digital Signature Certificate furnished by the Client shall be deemed to have been authorised by the Client;
- eafter incorporation or registration, comply with all continuing obligations under Applicable Law (including annual filings, returns, audits, renewals, statutory registers, meetings and licence conditions), unless and only to the extent the Client has separately engaged and paid the Company for such compliance for the relevant period; and
- fnot hold the Company responsible for any penalty, late fee, interest, notice or prosecution arising from any obligation for which the Company was not engaged and paid.
Article 6 — KYC, Anti-Money Laundering and Third-Party Consent
6.1 KYC. The Company may require identity, address and other verification of the Client and each Related Person, including in-person or video verification, before or during an Engagement.
6.2 Refusal and reporting. The Company may refuse, suspend or terminate an Engagement, without liability, if (a) KYC is not completed to its satisfaction; (b) it has reason to suspect that any Client Materials are false or that the Service is sought for an unlawful purpose; or (c) it is required to do so by Applicable Law or a Governmental Authority. The Company may report such matters to the relevant Governmental Authority and shall not be obliged to inform the Client of such report where prohibited by law.
6.3 Consent of Related Persons. The Client shall, before furnishing any Personal Data of a Related Person, (a) inform such Related Person of the purposes for which it will be processed and of the Privacy Policy, and (b) obtain such Related Person's free, specific, informed, unconditional and unambiguous consent as required by the Digital Personal Data Protection Act, 2023. The Client shall produce evidence of such consent upon request and shall indemnify the Company under Article 17 against any claim by a Related Person arising from the Client's failure to do so.
Article 7 — Fees, Taxes and Payment
7.1 Professional Fee. The Professional Fee is as displayed on the Platform or stated in the Quotation on the date the Engagement is formed. Unless expressly described as “all-inclusive”, the Professional Fee excludes Government Charges, Third-Party Charges and Taxes, which shall be payable by the Client in addition.
7.2 Taxes and invoicing. All Fees attract GST at the applicable rate. Tax invoices shall be issued in accordance with the Central Goods and Services Tax Act, 2017 in the name, address and GSTIN furnished by the Client at the time of payment. The Client is solely responsible for the correctness of such particulars. The Company shall not be obliged to amend or re-issue an invoice after the due date for furnishing the relevant outward-supply statement, and shall not be liable for any denial of input tax credit arising from incorrect or late-furnished particulars.
7.4 Mode of payment. Payments shall be made through the payment gateway integrated on the Platform or by bank transfer to the Company's current account stated on its official invoice. The Company does not collect or store card numbers, CVV, UPI PIN or net-banking credentials. Payment made to any account, UPI handle or person other than as stated on the Company's official invoice is at the Client's sole risk and does not discharge the Client's liability. The Client shall verify bank details through the Company's official email domain before payment.
7.5 Payment before performance. Unless otherwise agreed in writing, Fees are payable in full in advance. The Company may withhold commencement, any Filing, any Deliverable, any certificate or any credential until all amounts due under any Engagement have been paid.
7.6 Late payment. Where credit is extended, any amount not paid by its due date shall carry interest at eighteen per cent (18%) per annum, calculated daily from the due date until the date of actual payment, without prejudice to the Company's other rights.
7.7 Set-off and lien. The Company may set off any amount payable by the Client under any Engagement against any amount (including any refund) payable by the Company to the Client, and shall have a particular lien over Deliverables in its possession for unpaid Fees, to the extent permitted by Applicable Law.
7.8 Chargebacks. The Client shall raise any payment dispute with the Company in accordance with the Refund & Cancellation Policy before initiating a chargeback or payment reversal. Upon receipt of a chargeback, the Company may suspend all Engagements of the Client and furnish to the bank or payment gateway all records, communications and proof of delivery, for which the Client hereby consents. Where the chargeback is decided in favour of the Company, the Client shall reimburse the chargeback fees, gateway charges and reasonable recovery costs incurred.
7.9 Revision of prices. The Company may revise its prices at any time. A revision shall not apply to an Engagement already formed, save for changes in Government Charges or Taxes.
Article 8 — Timelines, Abandonment and Governmental Discretion
8.1 Estimates only. Any timeline indicated by the Company is a good-faith estimate based on normal processing and shall run only from the date on which Clause 3.4 is satisfied. Time is not of the essence of any Engagement.
8.3 Excluded events. None of the following shall constitute a deficiency in service, breach, negligence or default on the part of the Company, nor entitle the Client to any refund of the Professional Fee once the relevant Filing has been made, compensation or damages:
- arejection of a proposed name, or an objection, examination report, opposition, hearing, refusal or abandonment in respect of a trademark, copyright or design application;
- bany query, resubmission requirement, rejection, delay or inaction of a Governmental Authority;
- cany amendment of Applicable Law, forms, fees or procedure after formation of the Engagement;
- dnon-availability, malfunction, slowdown or error of any government portal, payment gateway or digital-signature infrastructure;
- eany rejection or delay attributable to the Client’s eligibility, Client Materials, KYC, address proof, objects or the antecedents of any Related Person;
- fany refusal by a bank, financial institution, investor or other third party to open an account, extend credit or provide funding; and
- gany delay attributable to the Client’s failure to comply with Clause 5.2(a).
8.4 Abandonment. If the Client fails to furnish any Client Materials, OTP, Digital Signature Certificate, approval or payment requested by the Company for a continuous period of sixty (60) days after the Company's request (with at least one reminder sent to the registered email or WhatsApp number), the Engagement shall stand closed as abandoned by the Client at the expiry of such period. The Professional Fee shall be treated as earned for work performed up to closure, and any reopening shall be a fresh Engagement at the then-prevailing Fees. The Company shall not be liable for any lapse, expiry of a name reservation, abatement or consequence flowing from such abandonment.
8.5 Trademark and name searches. Any search or availability assessment by the Company is a preliminary indication based on records publicly available on the date of search. It is not a legal opinion and is not a guarantee of availability, registrability or non-infringement. The selection of a name, mark, logo or work is the sole decision and responsibility of the Client.
8.6 Fundraising and advisory. Fundraising, valuation, business-plan and pitch-deck support is advisory in nature. The Company does not guarantee that any investment, loan, grant or subsidy will be obtained, is not an investment adviser, merchant banker or other intermediary registered with the Securities and Exchange Board of India, and does not solicit or arrange the sale of securities.
Article 9 — Use of the Platform and Account
9.1 Licence. Subject to these Terms, the Company grants the User a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Platform for the User's own lawful, non-commercial purpose of availing the Services.
9.2 Prohibited conduct. The User shall not, and shall not permit any person to:
- aaccess the Platform by any robot, spider, scraper, crawler or other automated means not authorised in writing by the Company;
- bprobe, scan or test the vulnerability of, or breach or circumvent any security or authentication measure of, the Platform;
- cintroduce any virus, malware or other harmful code, or impose an unreasonable load on the Platform’s infrastructure;
- dcopy, reproduce, frame, mirror, modify, reverse-engineer, decompile, resell or commercially exploit any part of the Platform, its content, templates, pricing or tools;
- eimpersonate any person, including any officer or employee of the Company, or misrepresent any affiliation;
- fhost, display, upload, publish, transmit or share any information that is prohibited under Rule 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021; or
- guse the Platform in contravention of the Information Technology Act, 2000, the Bharatiya Nyaya Sanhita, 2023 or any other Applicable Law.
9.3 Account. The User is responsible for maintaining the confidentiality of its account credentials and for all activity under its account. The User shall notify the Company immediately at [email protected] of any unauthorised use. The Company shall not be liable for any loss arising from the User's failure to safeguard its credentials.
9.4 Third-party sites and services. The Platform may contain links to, or integrate with, government portals, payment gateways and other third-party services. The Company does not control and is not responsible for their content, availability, security, accuracy or privacy practices, and the User's use of them is governed by their own terms.
Article 10 — User Content and Reviews
10.1 Standards. Any review, comment, testimonial, query or other content submitted by the User through a public feature of the Platform or the Company's social-media pages (“User Content”) shall be truthful, based on the User's own genuine experience, and shall not be unlawful, defamatory, obscene, abusive, harassing, infringing, misleading, or contain unsolicited advertising.
10.2 Licence of User Content. The User retains ownership of User Content and grants the Company a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and sub-licensable licence to use, reproduce, edit for length and clarity, translate, publish and display such User Content (with the User's name, initials or business name) on the Platform and in the Company's marketing materials. This licence does not extend to Client Materials.
10.3 Moderation. The Company may, but is not obliged to, monitor User Content, and may remove or disable any User Content at its discretion. The Company shall not be liable for any delay in, or failure of, such removal.
Article 11 — Intellectual Property
11.1 Company IP. All right, title and interest in and to the Platform and its content, including the name and mark “FirstStartup”, logos, trade dress, software, source code, design, text, graphics, templates, checklists, workflows, blog articles and know-how (“Company IP”), vest in the Company or its licensors and are protected under the Copyright Act, 1957, the Trade Marks Act, 1999 and other Applicable Law. No right in Company IP is transferred to the User except the licence in Clause 9.1.
11.2 Client-specific Deliverables. Upon full payment, the Client may use Deliverables prepared specifically for it (such as its memorandum and articles of association or LLP agreement) for the internal purposes of the entity concerned. The Company retains all rights in its underlying templates, precedents and methodologies.
11.3 Feedback. Any suggestion or feedback provided by the User regarding the Platform or Services may be used by the Company without restriction or compensation.
Article 12 — Confidentiality
12.1 Obligation. Each Party shall keep confidential all non-public information of the other Party received in connection with an Engagement, and shall use it only for the purposes of the Engagement.
12.2 Exceptions. The obligation in Clause 12.1 does not apply to information that (a) is or becomes public other than through breach; (b) was lawfully known to the recipient before disclosure; (c) is disclosed to Governmental Authorities, Independent Professionals or service providers to the extent necessary for the Services; or (d) is required to be disclosed by Applicable Law, court order or a Governmental Authority.
12.3 Public records. The Client acknowledges that information contained in Filings may become part of public registers maintained by Governmental Authorities and accessible to the public. Such publication shall not constitute a breach by the Company.
Article 13 — Data Protection
13.1 The Company processes Personal Data in accordance with the Privacy Policy and Applicable Law. To the extent the Client furnishes Personal Data of Related Persons, the Client shall comply with Clause 6.3.
13.2 The Client consents to the transmission of Client Materials to Governmental Authorities, Independent Professionals and the Company's service providers, including cloud and communications providers that may store data outside India subject to Section 16 of the Digital Personal Data Protection Act, 2023.
Article 14 — Communications and Consent
14.1 Electronic communication. The Client consents to receive all communications from the Company electronically, and agrees that all notices, Deliverables, approvals and acknowledgements communicated by email, WhatsApp, SMS or the Platform satisfy any requirement that they be in writing.
14.2 Consent to be contacted. By submitting contact details through the Platform or otherwise, the User expressly requests and consents to be contacted by the Company and its authorised representatives by telephone, SMS, WhatsApp and email regarding its enquiry, Engagement, compliance due dates, regulatory updates and promotional offers. This consent operates notwithstanding the registration of the User's number on the National Customer Preference Register, to the extent permitted under the Telecom Commercial Communications Customer Preference Regulations, 2018. The User may withdraw consent to promotional communications at any time in the manner set out in the Privacy Policy.
14.3 Recording. Telephone and video calls may be recorded for quality, training, compliance and evidentiary purposes, with notice given at the commencement of the call.
Article 15 — Disclaimer of Warranties
15.1 The Company shall perform the Services with the reasonable skill, care and diligence expected of a service provider of its kind. Save as expressly stated in this Clause, and to the fullest extent permitted by Applicable Law, the Platform, its content and the Services are provided on an “as is”, “as available” and “with all faults” basis, and the Company disclaims all other warranties, conditions and representations, whether express, implied or statutory, including as to merchantability, satisfactory quality, fitness for a particular purpose, accuracy, completeness, timeliness, non-infringement, and uninterrupted, secure or error-free operation.
15.2 No oral or written statement by any employee, agent, partner or representative of the Company shall create any warranty, guarantee or representation, or vary these Terms, unless it is in writing and signed by a director of the Company.
15.3 Content on the Platform regarding law, fees, procedure or timelines is provided for general information as of the date of its publication, may not reflect subsequent changes, and shall not be relied upon as advice.
Article 16 — Limitation of Liability
16.2 Excluded heads of loss. To the maximum extent permitted by Applicable Law, the Company shall not be liable for any: (a) indirect, incidental, special, consequential, exemplary or punitive loss or damage; (b) loss of profit, revenue, business, contract, anticipated savings, opportunity, goodwill or reputation; (c) loss of investment, funding, grant, subsidy or tender; (d) loss or corruption of data; or (e) penalty, late fee, interest, additional fee or prosecution levied or initiated by any Governmental Authority, save where the same is directly and solely caused by the Company's breach of an obligation within the Scope — in each case even if the Company was advised of the possibility of such loss.
16.3 No liability for excluded causes. The Company shall have no liability for any loss to the extent caused or contributed to by: (a) inaccurate, incomplete, forged or delayed Client Materials; (b) the Client's breach of these Terms or failure to follow the Company's written advice; (c) the acts, omissions or decisions of any Governmental Authority; (d) the professional act of an Independent Professional engaged by the Client; (e) any event described in Clause 8.3; or (f) any Force Majeure Event.
16.4 Notice and primary remedy. In order to enable mitigation and cure, the Client shall notify the Company in writing of any alleged error or deficiency within thirty (30) days of becoming aware of it. In respect of any error attributable to the Company, the Client's primary remedy shall be the correction or re-performance of the affected Service without additional Professional Fee, and, if correction or re-performance is not possible, a refund of the Professional Fee for the undelivered portion of the Engagement. Nothing in this Clause shall operate to extinguish any right or to restrict the period within which the Client may enforce its rights under Applicable Law.
16.5 Saving. Nothing in these Terms excludes or limits any liability which cannot be excluded or limited under Applicable Law, including liability for fraud or wilful misconduct, or any non-derogable right of a Consumer under the Consumer Protection Act, 2019. Where any limitation in this Article is held unenforceable in part, it shall apply to the maximum extent enforceable.
16.6 Allocation of risk. The Client acknowledges that the Fees reflect the allocation of risk in this Article, that the Company would not offer the Services at those Fees without such limitations, and that the limitations are reasonable having regard to the nature of the Services and the Company's lack of control over Governmental Authorities.
Article 17 — Indemnity
17.1 The Client shall indemnify, defend and hold harmless the Company, its directors, officers, employees, affiliates, Independent Professionals and agents (the “Indemnified Persons”) from and against all claims, demands, actions, proceedings, losses, damages, liabilities, penalties, fines, costs and expenses (including reasonable advocates' fees) suffered or incurred by any Indemnified Person arising out of or in connection with:
- aany Client Materials being false, inaccurate, incomplete, forged, unlawfully obtained or furnished without authority;
- bany breach by the Client of its representations, warranties or covenants under these Terms;
- cany claim by a Related Person, co-founder, shareholder, partner, investor, creditor or other third party relating to the Client, its entity or its Personal Data;
- dany claim that a name, mark, logo, design, work or content selected or furnished by the Client infringes the rights of a third party;
- eany use of the Client’s account, credentials, OTPs or Digital Signature Certificates; and
- fany violation of Applicable Law by the Client.
17.2 Conduct of claims. The Company shall notify the Client of any claim for which indemnity is sought. The Company may assume the exclusive conduct and defence of such claim, and the Client shall provide all cooperation reasonably requested at its own cost. The Client shall not settle any such claim without the Company's prior written consent.
17.3 Independent obligation. The indemnity in this Article is a continuing obligation, independent of the Company's other rights, and survives termination of these Terms and any Engagement.
Article 18 — Force Majeure
18.1 The Company shall not be in breach of these Terms, nor liable for any delay or failure in performance, to the extent caused by any event or circumstance beyond its reasonable control (a “Force Majeure Event”), including: act of God; flood, earthquake, storm, fire or other natural calamity; epidemic, pandemic or quarantine; war, hostilities, terrorism, riot or civil commotion; strike, lockout or labour disturbance; any act, order, notification, lockdown or change in law or policy of a Governmental Authority; non-availability, malfunction, migration or downtime of any government portal; failure of internet, telecommunications, power or cloud infrastructure; cyber-attack; or default of a payment gateway or other third-party service provider.
18.2 The Company's obligations shall be suspended for the duration of the Force Majeure Event and any timeline shall be extended accordingly. If a Force Majeure Event continues for more than ninety (90) days, either Party may terminate the affected Engagement by notice, and the consequences of termination shall be determined under the Refund & Cancellation Policy.
Article 19 — Suspension and Termination
19.1 By the Company for cause. The Company may, by written notice, suspend or terminate any or all Engagements, and the User's access to the Platform, with immediate effect if the Client: (a) breaches any provision of these Terms and, where capable of remedy, fails to remedy it within seven (7) days of notice; (b) furnishes false, forged or misleading Client Materials; (c) fails to pay any amount when due; (d) initiates a chargeback in breach of Clause 7.8; (e) is abusive, threatening or harassing towards the Company's personnel; or (f) is reasonably suspected of fraud or unlawful conduct.
19.2 By the Company without cause. The Company may terminate any Engagement for any other reason by written notice, in which case the refund (if any) shall be determined under the Refund & Cancellation Policy.
19.3 By the Client. The Client may cancel an Engagement only in accordance with the Refund & Cancellation Policy.
19.4 Consequences. Upon termination: (a) all amounts accrued shall become immediately payable; (b) on termination under Clause 19.1, the Professional Fee shall be treated as fully earned and Government Charges and Third-Party Charges already incurred shall not be refunded; (c) the Company may delete the User's account and associated data, subject to its retention obligations under the Privacy Policy and Applicable Law; and (d) termination shall be without prejudice to accrued rights and remedies.
19.5 Survival. Articles 1, 7, 8, 11, 12, 15, 16, 17, 19, 21, 22, 23 and 24, and any other provision which by its nature is intended to survive, shall survive termination.
Article 20 — Non-Solicitation
During the term of any Engagement and for twelve (12) months after its completion or termination, the Client shall not, directly or indirectly, solicit, employ or engage any employee or Independent Professional of the Company who was involved in the Client's Engagement, without the Company's prior written consent. This Article does not restrict general advertisements not targeted at such persons.
Article 21 — Governing Law and Dispute Resolution
21.1 Governing law. These Terms and all non-contractual obligations arising from them are governed by and construed in accordance with the laws of the Republic of India.
21.2 Amicable resolution. Any dispute, controversy or claim arising out of or relating to these Terms, the Platform or any Engagement, including its existence, validity, interpretation, performance, breach or termination (a “Dispute”), shall first be referred to the Grievance Officer under Article 22. The Parties shall attempt in good faith to resolve the Dispute within thirty (30) days of such referral.
21.4 Consumers. Where the Client is a Consumer, nothing in these Terms shall preclude the Client from approaching a Consumer Disputes Redressal Commission having jurisdiction under the Consumer Protection Act, 2019. A Consumer may, at its option, elect to resolve a Dispute by arbitration under Clause 21.3.
21.5 Jurisdiction. Subject to Clauses 21.3 and 21.4, the courts at New Delhi shall have exclusive jurisdiction over all Disputes and over all matters relating to the arbitration, including applications under Sections 9, 11, 34 and 36 of the Arbitration and Conciliation Act, 1996.
21.6 Interim relief. Nothing in this Article prevents the Company from seeking urgent injunctive or interim relief from a court of competent jurisdiction to protect its intellectual property, confidential information or reputation.
Article 22 — Grievance Redressal
22.1 In accordance with Rule 4(4) and Rule 5 of the Consumer Protection (E-Commerce) Rules, 2020 and Rule 3(2) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (to the extent applicable), the Company has appointed the following Grievance Officer:
22.2 Complaints shall state the Client's name, registered contact details, order or invoice number, and the nature of the grievance with supporting documents. The Grievance Officer shall acknowledge receipt within forty-eight (48) hours and endeavour to redress the complaint within one (1) month of receipt.
Article 23 — Notices
23.1 Notices to the Company shall be sent by email to [email protected] with a copy to [email protected], or by registered post or courier to its registered office. Notices to the Client shall be sent to the email address, WhatsApp number or postal address registered with the Company.
23.2 A notice sent by email or WhatsApp shall be deemed received on the Business Day following transmission, absent a delivery-failure message. A notice sent by registered post or courier shall be deemed received on the fifth (5th) Business Day after dispatch.
Article 24 — Miscellaneous
24.1 Entire agreement. These Terms, together with the Privacy Policy, the Refund & Cancellation Policy, and any Quotation, invoice or engagement letter, constitute the entire agreement between the Parties in relation to their subject matter and supersede all prior understandings. In the event of conflict, the following order of precedence applies: (a) a signed engagement letter; (b) the Quotation or invoice; (c) these Terms; (d) the Refund & Cancellation Policy; (e) the Privacy Policy, save that the Privacy Policy prevails on matters of Personal Data.
24.2 Severability. If any provision of these Terms is held invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to render it enforceable, and the remaining provisions shall continue in full force and effect.
24.3 Waiver. No failure or delay by the Company in exercising any right shall operate as a waiver of it, and no single or partial exercise shall preclude any further exercise.
24.4 Assignment. The Client shall not assign or transfer any right or obligation under these Terms without the prior written consent of the Company. The Company may assign or novate its rights and obligations to an affiliate or to a successor of all or part of its business, upon notice to the Client.
24.5 Cumulative remedies. The rights and remedies of the Company under these Terms are cumulative and in addition to those available under Applicable Law.
24.6 No third-party rights. Save for the Indemnified Persons, no person who is not a Party shall have any right to enforce these Terms.
24.7 Electronic evidence. The Parties agree that system logs, Platform records, emails, WhatsApp messages and call recordings maintained by the Company in the ordinary course of business shall be admissible as evidence, subject to the Bharatiya Sakshya Adhiniyam, 2023, and the Client shall not dispute their admissibility solely on the ground that they are electronic records.
24.8 Language. These Terms are drafted in English. Any translation is for convenience only, and the English version prevails in the event of inconsistency.
Schedule I — Statutory Disclosures (Consumer Protection (E-Commerce) Rules, 2020)
| Particulars | Details |
|---|---|
| Legal name | Ontaxco Professional Workforce Private Limited |
| Brand / Platform | FirstStartup · www.firststartup.in |
| Constitution | Private limited company, Companies Act, 2013 |
| CIN | U74999DL2018PTC332242 |
| GSTIN | 07AACCO6840R1ZT |
| Registered office | K-318, 3rd Floor, Nai Basti, Lado Sarai, Mehrauli–Badarpur Road, New Delhi – 110030 |
| Customer care | Mr. Deepak · +91 63956 22281 · [email protected] |
| Grievance Officer | Mr. Akash Kukreja · +91 96547 64464 · [email protected] |
| Escalation | [email protected] |
| Payment gateway | Razorpay (and such other RBI-authorised payment aggregators as may be integrated) |
| Refund & cancellation | As per the Refund & Cancellation Policy published on the Platform |
Questions about these Terms?
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