01 Acceptance of Terms
By engaging ExFinserv's services – whether through our website, in person, via email, WhatsApp, phone, or any other communication channel – you confirm that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy.
These Terms constitute a legally binding agreement between you and ExFinserv. If you do not agree to these Terms, you must not use our services or access our website. We reserve the right to modify these Terms at any time without prior notice. The updated Terms will be posted on our website with a revised "Last Updated" date. Continued use of our services constitutes acceptance of the revised Terms.
These Terms apply to all services provided by ExFinserv including, but not limited to, accounting, auditing, taxation, GST compliance, company formation, payroll, and advisory services.
02 Nature of Services
ExFinserv is a professional financial and advisory services firm. Our services are subject to the following:
- Professional Scope: Services are provided within the scope of financial and tax advisory services. We do not provide legal advice (which requires a lawyer) or investment advisory (which requires a SEBI-registered advisor).
- Service Engagement: Services commence only after formal engagement – receipt of required documents, payment of applicable advance fees, and written/WhatsApp confirmation of the engagement.
- Specific Services: Detailed scope, deliverables, and timelines for each specific service shall be communicated separately in a service proposal, letter of engagement, or WhatsApp confirmation.
- Third-Party Portals: Certain services require filing on government portals (Income Tax Portal, GST Portal, MCA Portal, etc.). ExFinserv shall not be responsible for delays or failures caused by government portal downtime, technical issues, or policy changes.
- Regulatory Changes: Tax laws, rates, and compliance requirements change frequently. ExFinserv will endeavour to keep you informed of material changes, but you bear ultimate responsibility for staying compliant with applicable laws.
03 Client Obligations
To enable ExFinserv to provide services effectively, you agree to:
- Provide all required documents, information, and data in a timely manner and in the format requested.
- Ensure that all information provided to us is true, complete, accurate, and up-to-date.
- Inform us promptly of any changes to your personal, business, or financial circumstances that may affect the services.
- Provide required credentials (GST portal login, income tax portal login, MCA access, etc.) where necessary for filings.
- Review and approve all returns, filings, or documents prepared by us before submission – unless you have specifically authorised us to file without prior approval.
- Pay agreed fees on time as per the payment terms communicated.
- Not engage ExFinserv's services for any illegal purpose or to facilitate any fraudulent, unlawful, or unethical activity.
Important: ExFinserv's accuracy is contingent on the accuracy and completeness of information provided by you. We shall not be liable for errors, penalties, or adverse outcomes resulting from incomplete, incorrect, or misleading information provided by the Client.
04 Fees & Payment
- Fee Structure: Fees are determined based on the complexity and scope of the service and are communicated prior to engagement. All fees are exclusive of applicable GST (which will be charged separately at the prevailing rate).
- Advance Payment: Certain services require advance payment before commencement. The advance amount will be communicated during engagement.
- Payment Methods: Fees may be paid via bank transfer (NEFT/IMPS/UPI), cheque, or such other modes communicated. Payment details will be shared upon engagement.
- Late Payment: Invoices are due within 7 days of issuance. Delayed payments may result in suspension of services. ExFinserv reserves the right to charge interest on overdue amounts at 1.5% per month.
- Refund Policy: Fees paid for services already commenced are generally non-refundable. Refunds, if applicable, shall be decided on a case-by-case basis at our sole discretion.
- Out-of-Pocket Expenses: Government fees, stamp duty, court fees, and other out-of-pocket expenses incurred on your behalf are payable separately by the Client.
05 Confidentiality
Both parties agree to maintain confidentiality of information shared in the course of the professional relationship:
- ExFinserv shall keep all Client information strictly confidential and shall not disclose it to any third party without your written consent, except as required by law or regulatory authority.
- You agree not to disclose or share our proprietary work products, templates, reports, or methodologies with third parties without our written consent.
- Confidentiality obligations survive the termination of the engagement and continue indefinitely after the professional relationship ends.
- ExFinserv team members are bound by confidentiality agreements and professional confidentiality standards obligations.
06 Limitation of Liability
This section limits our liability to you. Please read it carefully.
- ExFinserv's total liability to you for any claim arising from our services shall not exceed the total fees paid by you to us in the three (3) months preceding the event giving rise to the claim.
- We shall not be liable for: indirect, incidental, consequential, punitive, or special damages; loss of profit, revenue, data, or business opportunity; penalties or interest arising from government portals being unavailable; or decisions made based on our advice that result in unexpected tax or legal outcomes.
- We shall not be responsible for delays caused by: government server downtime; delayed submission of documents by the Client; change in laws after engagement commencement; force majeure events (natural disasters, pandemic, civil unrest, etc.).
- ExFinserv's liability is limited to direct losses caused by our gross negligence or wilful misconduct.
07 Intellectual Property
All content on the ExFinserv website – including text, graphics, logos, icons, images, tools, and software – is the property of ExFinserv and is protected under applicable intellectual property laws.
- You may not reproduce, distribute, publish, or commercially exploit any content from our website without prior written permission.
- Work products created by ExFinserv (reports, audit documents, tax computations, etc.) remain the property of ExFinserv until all fees are paid in full.
- Upon full payment, work products created for you are licensed to you for your personal/business use and may not be resold or sublicensed.
- ExFinserv's name, logo, and brand identifiers may not be used for promotional purposes without written consent.
08 Governing Law – Maharashtra & India
These Terms and Conditions shall be governed by and construed in accordance with the laws of India, specifically:
- The Income Tax Act, 1961
- The Central Goods and Services Tax Act, 2017
- The Companies Act, 2013
- The Information Technology Act, 2000
- Any other applicable central or Maharashtra state legislation
The courts of Pune, Maharashtra shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms or our services, subject to the dispute resolution mechanism below.
09 Dispute Resolution
In the event of any dispute, claim, or controversy arising from or related to these Terms or our services:
- Step 1 – Amicable Resolution: Both parties shall first attempt to resolve the dispute amicably through good-faith discussions within 30 days of written notice of the dispute.
- Step 2 – Mediation: If unresolved, the parties agree to attempt mediation through a mutually agreed mediator in Pune, Maharashtra.
- Step 3 – Arbitration: If mediation fails, disputes shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Pune, Maharashtra. The language of proceedings shall be English.
- Jurisdiction: For any matter not subject to arbitration, the parties submit to the exclusive jurisdiction of the courts at Pune, Maharashtra.
10 Contact Us
For any questions, concerns, or notices regarding these Terms & Conditions, please contact us:
These Terms & Conditions were last updated on 1 January 2025. ExFinserv reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting on this page.