Orders placed at www.mavensmark.com/india/company-incorporation
We charge only for the work we have actually done for you, and we return the rest.
There is no cancellation fee and no administrative penalty anywhere in this policy. Nothing is withheld because you changed your mind, and you never have to give us a reason for changing it. Cancel before we have started and you get every rupee back. Cancel later and you pay for what was done, and you keep whatever it produced. That is the whole of it. The rest of this document simply sets it out precisely enough to be relied on.
This policy is written stage by stage, because what we can return depends on how far the work has gone. Every charge is published here, before you pay anything, and none of them is a penalty.
It forms part of your contract with us. Nothing in it takes away any right you have under the Consumer Protection Act, 2019, and where the two ever conflict, the Act prevails.
1. What this policy covers
1.1
This policy applies to the incorporation of a Private Limited Company ordered and paid for online at www.mavensmark.com/india/company-incorporation (your order).
1.2
The online service is available where every subscriber to the memorandum is a resident Indian citizen, the number of subscribers is 7 or fewer, the number of proposed directors is within the limit shown in the online form, every subscriber and proposed director is an individual aged 18 or over, not more than 3 proposed directors are without a Director Identification Number, the authorised share capital is within the limits shown in the online form, and the proposed objects need no prior approval from a regulator.
1.3
Those limits are not ours. They are set by the law and by the Ministry of Corporate Affairs, and they mark the points at which a single fixed online price stops being an honest one:
Subscribers. Where the number of subscribers exceeds 7, the memorandum and articles cannot be filed in electronic form as Form INC-33 and Form INC-34. They must instead be signed by each subscriber and witnessed by a practising professional, then attached to the incorporation form. That is different work at a different cost.
Directors without a Director Identification Number. An application for a Director Identification Number may be made through the incorporation form for a maximum of 3 proposed directors who do not already hold one, under Section 153 of the Companies Act, 2013 read with Rule 9(1) of the Companies (Appointment and Qualification of Directors) Rules, 2014. A fourth such director must apply separately in Form DIR-3 after the company exists, which carries its own government fee and its own professional work. A director who already holds a Director Identification Number does not count towards this limit.
1.4
Where your case falls outside clause 1.2 for either of these reasons, or involves a non-resident Indian, a foreign national, a corporate subscriber of any kind (including an Indian company or Limited Liability Partnership taking shares), anyone under 18, or concerns a Limited Liability Partnership or a One Person Company, please contact our office. We will still be glad to act for you. We simply agree the work and the fee with you in writing first, and this policy does not govern that engagement.
If you have already paid online for a case that turns out to fall outside clause 1.2, that is not yours to carry. We will tell you as soon as we know, and you may either move to a written engagement with the price adjusted, or cancel and receive back everything you have paid under clause 10.
2. What we charge for, and what we do not
2.1
Each stage of the work carries a published charge. The charge is the price of the work done at that stage together with any money spent at that stage, whether paid to a Certifying Authority or to the Ministry of Corporate Affairs.
2.2
If you cancel, what comes back is the amount you paid, less the charges for the stages already completed.
2.3
None of these charges is a penalty, a forfeiture, or liquidated damages for breach. Each is consideration for services already rendered to you, and each attaches only once the work behind it is finished. If a stage has not been reached, nothing is charged for it, however long your file has been open.
2.4
We will always tell you which stage your file has reached, what the charges are, and what the refund comes to, before you decide whether to cancel.
3. The five stages
Your file moves through five stages, and your current stage is visible to you at all times in your online status tracker. A stage begins only when the event described below has actually happened.
Stage
Name
Begins when
1
Payment received
Your payment is confirmed to us by the payment gateway.
2
Documents received and verified
We notify you in writing that the documents of every subscriber and proposed director are complete and have been verified by us. Until that notice goes out, this stage has not begun.
3
Digital Signature Certificates issued
A certificate is issued by the Certifying Authority. The charge applies for each certificate actually issued, not for each person named in your order.
4
Name application filed
The name application under SPICe+ Part A is submitted to the Central Registration Centre, after we have confirmed your final choice of names with you in writing.
5
Incorporation forms submitted
The incorporation form under SPICe+ Part B, with the memorandum, the articles and the linked forms, is submitted to the Ministry of Corporate Affairs.
3.1
We file the name application on its own and wait for the name to be approved before preparing the incorporation forms. We do not file the two together. That is a deliberate choice made in your favour: filing separately allows two proposed names to be put forward rather than one.
3.2
Three of the five stages cannot be reached without your own participation. A Digital Signature Certificate cannot be issued unless the person named on it completes the video verification personally. The name application is not filed until you have confirmed your names in writing. The incorporation form cannot be submitted until every subscriber has affixed their own Digital Signature to the memorandum and the articles. Your file therefore never moves to a more expensive stage without you.
4. What is charged at each stage
4.1
Every figure below includes Goods and Services Tax, in the same way that the price you paid includes it. No tax is added to any of them.
Work completed
Charge
Applied
Receipt and verification of the documents of every subscriber and proposed director
Rs. 2,999
Once, per order
Digital Signature Certificate, Class 3, two-year, including the token and its dispatch
Rs. 3,499
For each certificate issued
Name search, clearance against the register of companies and live trade marks, and the reservation application
Rs. 4,999
Once, per order
Preparation and submission of the incorporation forms, the memorandum, the articles and the linked forms
The balance
No refund arises after this
4.2
The balance charged at Stage 5 is not a residue left over. It is the price of preparing and submitting the incorporation form, drafting the memorandum and the articles to your objects, the government filing fees and the stamp duty paid on your incorporation, the applications for the company's permanent account number and tax deduction account number, the filings that follow incorporation, the first board minutes, the statutory registers, the share certificates, and twelve months of access to our own platforms.
5. Worked examples
Your price is Rs. 29,999 for 2 people, with Rs. 4,999 for each additional person. A person is anyone who is a director, a subscriber or both, and each is counted once, because each needs their own Digital Signature Certificate. The table shows the refund payable if you cancel while your file is at the stage shown, assuming every certificate has been issued by Stage 3.
Refund payable
2 people
3 people
4 people
7 people
Amount you paid
Rs. 29,999
Rs. 34,998
Rs. 39,997
Rs. 54,994
Stage 1. Payment received
Rs. 29,999
Rs. 34,998
Rs. 39,997
Rs. 54,994
Stage 2. Documents verified
Rs. 27,000
Rs. 31,999
Rs. 36,998
Rs. 51,995
Stage 3. Signatures issued
Rs. 20,002
Rs. 21,502
Rs. 23,002
Rs. 27,502
Stage 4. Name application filed
Rs. 15,003
Rs. 16,503
Rs. 18,003
Rs. 22,503
Stage 5. Forms submitted
Nil
Nil
Nil
Nil
6. Why Stage 5 is different
6.1
No refund is payable once your file has reached Stage 5. This is so whether or not the Registrar approves the incorporation, and whether or not the filings that follow it have been made by the time you cancel.
6.2
The reason is not that we wish to keep your money. By Stage 5 the professional work has been done, and the government filing fees and the stamp duty on your incorporation have been paid to the Ministry of Corporate Affairs and cannot be recovered by us. Stamp duty in particular is not returned by any State once it has been paid.
6.3
Stage 5 also cannot be reached behind your back. The incorporation form can only be submitted after every subscriber has affixed their own Digital Signature to the memorandum and the articles. If your file is at Stage 5, you personally signed the documents that took it there.
6.4
Clause 6.1 does not apply where the reason the work cannot go on is ours, or where the service falls short of what was promised. Clauses 9 and 10 govern those situations and they apply at every stage, including this one.
7. Your Digital Signature Certificates
7.1
A Digital Signature Certificate is issued by a Certifying Authority licensed under the Information Technology Act, 2000, in the name of the individual subscriber or director and not in ours. Once issued it cannot be cancelled or returned by us, which is why its charge is not refundable.
7.2
The certificate belongs to the person named on it. It stays valid for two years from issue and may be used for any other purpose, with us or with anyone else. If you cancel after a certificate has been issued, we still send the token to that person at the address given in your order, by speed post, at our cost. You are not asked to return anything.
8. If a name is not approved, or a form is sent back
Names
8.1
Whether a proposed name is approved is decided by the Central Registration Centre under Section 4 of the Companies Act, 2013. It is not our decision and we do not guarantee it. What your price buys is the work that reduces the risk of rejection: a search of the register of companies, a check against live trade marks, and a check against the naming rules.
8.2
Your price covers one name application carrying two proposed names, together with the one resubmission the Ministry permits, carrying two further names, provided it is made within the period allowed. Up to 4 proposed names are therefore covered, no further government fee arises on the resubmission, and we do not charge our professional fee again within that limit.
8.3
If none of those names is approved, a fresh application with a fresh government fee is required. Where the names put forward were ones we cleared, the first such fresh application is made at no charge to you, because the check that failed was ours. From the application after that, each further name application is charged at Rs. 2,999 including Goods and Services Tax, which covers both our work and the government fee on it.
8.4
A name approved under Section 4(5) of the Companies Act, 2013 is reserved only for the period fixed by that provision, and it cannot be transferred by us to anyone else. If that period lapses because the information or documents needed to proceed were not given to us in time, a fresh name application is required and clause 8.3 applies to it.
Incorporation forms
8.5
Your price covers the original incorporation filing together with the 2 resubmissions the Ministry permits, each made within the period allowed. No further government fee arises on those resubmissions and we do not charge our professional fee again for them.
8.6
If a fresh filing becomes necessary after that limit is exhausted, it is charged at Rs. 8,999 including Goods and Services Tax. That charge applies only where the fresh filing is needed because information or documents given to us were incorrect or incomplete, or because you asked for a change after the form was filed.
8.7
Where a resubmission or a fresh filing is needed because of an error of ours, we bear it and you are charged nothing.
A rejected name is not a cancellation
Nothing in clause 8 cancels your order or entitles you to a refund by itself. If you decide to stop after a name is rejected, the refund payable is simply the one for the stage your file has reached.
9. If the service falls short
9.1
If the service we provide is deficient, or is not of the character or the features described on our website or agreed with you, we do not hide behind the stage table. In that situation we will, as you prefer, put the work right at our own cost or refund the consideration you paid for it.
9.2
This clause applies at every stage, including Stage 5, and it operates in addition to, not instead of, your rights under the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020.
9.3
Nothing in this policy limits the time within which you may bring a claim, and nothing in it asks you to give up a remedy the law gives you.
10. If we are the ones who cannot proceed
10.1
If we tell you that we are unable to continue with your incorporation for a reason of our own, we return everything you have paid, whatever stage your file has reached. The only deduction is the charge for a Digital Signature Certificate already issued in a person's name, because that certificate is theirs to keep and use, and we send them the token anyway.
10.2
If the work cannot go on because documents or information were not given to us, or because what was given proves incorrect or incomplete, the ordinary stage charges in clause 4 apply.
11. If we stop hearing from you
11.1
Incorporation depends on steps only you can take, including the video verification for a Digital Signature and the supply of documents. If we do not hear from you for sixty continuous days despite at least two written reminders, we may close your file.
11.2
We will write to you before we close a file, and we will tell you what the refund will be. A file closed this way is treated as cancelled at the stage it had reached, and that refund is paid to you under clause 14 without your having to ask for it. We do not keep money simply because a client went quiet.
12. What we still owe you after you cancel
12.1
Where your file has reached Stage 5 and no refund is payable, our obligation to complete the filings that were inside your price is not affected by your cancellation. Those filings are the intimation of the registered office in Form INC-22 under Section 12 of the Companies Act, 2013 where the address was not filed with the incorporation form; the declaration of commencement of business in Form INC-20A under Section 10A; and the appointment of the first auditor under Section 139(6) with the related filing in Form ADT-1, together with the first board minutes, the statutory registers and the share certificates.
12.2
Put plainly: you may end the relationship without ending the work you have already paid for.
12.3
If you would rather we did not complete those filings, tell us in writing and we will hand your file over instead, with an instruction kit and sample forms so that they can be made without us.
12.4
The instruction kit and sample forms are general reference material. They are not advice on the position of your company, and giving them to you does not make us responsible for filings we have not made. Once your file is handed over, the company and its directors are responsible for meeting the statutory deadlines that apply to them, including those under Sections 10A and 12 of the Companies Act, 2013.
13. Changes to your order after payment
13.1
If you add a director or a subscriber after paying, the additional amount shown on the website is payable before we go on. If you remove one, no refund arises for a Digital Signature Certificate already issued in that person's name; the token is still sent to them and the certificate remains theirs.
13.2
A change to the state of the registered office or to the authorised share capital after the incorporation form has been submitted may require a fresh filing, and clause 8.6 applies to it.
14. How to cancel, and how a refund is paid
14.1
To cancel, write to deepak@mavensmark.com from the email address on your order, quoting the payment reference on your receipt. We ask for email so that there is a clear record of when the request was received. A message on WhatsApp or a telephone call is not a cancellation, though you are welcome to use either to talk it through with us first.
14.2
You do not have to give a reason. We will not ask you for one and we will not try to talk you out of it.
14.3
Within three working days of receiving your request we will write to you confirming the stage your file had reached, the charges that apply, and the refund payable.
14.4
The refund is paid to the same payment method you used, within fourteen working days of that written confirmation. How long your bank then takes to show the credit is outside our control.
14.5
Every amount in this policy includes Goods and Services Tax and every refund is of the gross amount. We issue a credit note under Section 34 of the Central Goods and Services Tax Act, 2017 for the tax on the amount refunded.
14.6
In this policy, a working day means a day other than a Sunday or a public holiday at our Bangalore office.
15. Your documents after cancellation
15.1
The documents you upload contain personal data of an identifying kind. Where your order is cancelled and the purpose for which they were collected no longer exists, we erase them, together with any personal data no longer needed, in accordance with the Digital Personal Data Protection Act, 2023.
15.2
We keep only what the law or our professional obligations as chartered accountants require us to keep, and only for as long as those obligations require. Our duty of confidentiality continues after your engagement ends and is not affected by cancellation.
16. Matters outside our control
16.1
Parts of this process depend on systems and authorities we do not control, including the portal of the Ministry of Corporate Affairs, the Certifying Authority that issues Digital Signature Certificates, and the Central Registration Centre. Delay caused by any of them extends the time we need and does not by itself give rise to a refund beyond what this policy provides.
16.2
Where such a delay is material we will tell you about it, and you remain free to cancel at the stage your file has reached. We will not treat time lost to a portal outage as work done.
17. If you are unhappy with a refund decision
17.1
Please write to our Grievance Officer, who is also our nodal point of contact for the purposes of the Consumer Protection (E-Commerce) Rules, 2020. He will acknowledge your complaint within forty-eight hours of receiving it and resolve it within one month.
Grievance Officer and nodal contact
Deepak Bhasi, Founder and Chief Consultant
Mavensmark Consultancy Private Limited
HD-196, WeWork Salarpuria Magnificia, Old Madras Road, Bengaluru, Karnataka 560016
Nothing in this policy affects any right or remedy available to you as a consumer under the Consumer Protection Act, 2019. In particular, your right under Section 34(2)(d) of that Act to bring a complaint before the consumer commission within whose jurisdiction you reside or personally work for gain is not limited by clause 18.2 or by anything else written here.
18. General
18.1
This policy is governed by the laws of India.
18.2
We carry on business at HD-196, WeWork Salarpuria Magnificia, Old Madras Road, Bengaluru, Karnataka 560016, and subject to clause 17.2, the courts at Bengaluru have jurisdiction over any dispute arising out of this policy.
18.3
We may amend this policy. The version that applies to your order is the version in force on the date you paid. We keep earlier versions and will send you the one that applies to you on request.
18.4
Where this policy differs from anything else said about refunds or cancellation on our website, in our terms of use, or by any person on our behalf, this policy prevails.
18.5
If any part of this policy is held to be unenforceable, the rest of it continues to apply.
Schedule. The law this policy is built on
These are set out so that nothing here has to be taken on trust. Each provision can be read on the website of the authority that made it.
Subject
Provision
Incorporation of a company
Section 7, Companies Act, 2013, and the Companies (Incorporation) Rules, 2014
Reservation of a company name, and how long it stays reserved
Section 4, and in particular Section 4(5), Companies Act, 2013
Memorandum and articles in electronic form
Form INC-33 and Form INC-34, available only where the number of subscribers does not exceed 7
Director Identification Number applied for at incorporation
Section 153, Companies Act, 2013, read with Rule 9(1), Companies (Appointment and Qualification of Directors) Rules, 2014; Form DIR-3 for a further application
Registered office and its intimation in Form INC-22
Section 12, Companies Act, 2013
Declaration of commencement of business in Form INC-20A
Section 10A, Companies Act, 2013
Appointment of the first auditor, and Form ADT-1
Section 139(6), Companies Act, 2013
Digital Signature Certificates and Certifying Authorities
Information Technology Act, 2000
Our duties in selling a service online, and our grievance officer
Consumer Protection (E-Commerce) Rules, 2020, in particular Rules 4 and 6
Unfair contract terms, which is why no charge here is a penalty
Section 2(46), Consumer Protection Act, 2019
Where you may bring a consumer complaint
Section 34(2)(d), Consumer Protection Act, 2019
Credit note for the tax on a refunded amount
Section 34, Central Goods and Services Tax Act, 2017
Erasure of your personal data once its purpose is served
Digital Personal Data Protection Act, 2023
Mavensmark Consultancy Private Limited
Corporate Identity Number U74140KL2015PTC038688
Place of business: HD-196, WeWork Salarpuria Magnificia, Old Madras Road, Bengaluru, Karnataka 560016
GSTIN 29AAJCM8234A1ZH|Registered office: Thiruvananthapuram, Kerala