Terms & Conditions

This Master Professional Services Agreement & Risk Mitigation Deed ("Agreement") constitutes an absolute, legally binding contract and an express risk-allocation framework between LMS FinTax ("the Firm", "We", "Us", "Our") and the individual, business entity, corporate body, or authorized representative executing or receiving services ("Client", "You", "Your").

By browsing our platform (lmsfintax.com), transferring utility/portal credentials, paying any partial or full invoice, or transmitting datasets via electronic channels, you convey your unconditional, irrevocable assent to all clauses, statutory indemnities, and liability limits set forth herein.

Mandatory statutory disclaimer & ethical compliance

In strict, non-negotiable compliance with the provisions of the Chartered Accountants Act, 1949, the Advocates Act, 1961, and all applicable regulatory codes governing licensed financial professionals and tax practitioners in India, this digital interface (lmsfintax.com) operates solely as a passive public repository for informational, educational, and general corporate overview purposes. Nothing contained within this site shall be interpreted, construed, or utilized as an advertisement, direct solicitation, market invitation, or inducement to secure professional work. Browsing this site, submitting data via web forms, or requesting service quotes does not establish a consultant-client relationship. Such a relationship is instantiated exclusively through the execution of a formal, written engagement letter or an explicit paid invoice issued by LMS FinTax.

Part I — Asymmetric financial & refund shield

1. Doctrine of earned fee, irrevocable resource lock, & immediacy of commencement

• Irrevocable Commencement: The Client explicitly acknowledges and agrees that the professional fees charged by the Firm do not represent a contingent success fee tied to final government approval or filing submissions. Fees are legally earned by the Firm immediately upon the execution of any of the following "Commencement Triggers," which establish a dedicated resource lock:
  • System onboarding, creation of database nodes, or allocation of cloud infrastructure.
  • Download, parsing, sorting, or structural review of any financial artifacts (bank logs, GST ledgers, purchase-sale statements, invoices).
  • Dedication of specialized human resource hours (Tax Consultants, Bookkeepers, Compliance Architects).
  • Authentication, token generation, or login access initialized on state portals (GSTN, Income Tax E-Filing, MCA21 V3, DGFT, MSME).
• Absolute Non-Refundability: Upon the occurrence of any Commencement Trigger, the paid professional fee transitions immediately into a completely non-refundable, non-creditable, and non-transferable asset of the Firm. This holds true regardless of subsequent client-side termination, business liquidation, changes in strategic intent, or government application rejection.

2. Exclusion of statutory out-of-pocket flow-throughs

• All out-of-pocket costs, including but not limited to government filing fees, ROC fees, late fees, compounding penalties, statutory interest, stamp duties, and Digital Signature Certificate (DSC) processing costs, must be paid in advance by the Client based on the Firm's dynamic calculations.
• The Firm acts strictly as a passive transaction conduit for these components. Under no scenario will the Firm advance its own corporate capital to discharge a client's statutory dues. All such funds are structurally unrecoverable and entirely non-refundable from the moment they are routed to the Firm or the respective state treasury.

3. Immediate extinction of the 24-hour administrative window

• A partial refund claim will only be evaluated if a formal, written cancellation request is logged via support@lmsfintax.com within 24 hours of the exact transaction timestamp, subject to the absolute condition that zero Commencement Triggers (as defined in Clause 1) have been executed.
• Any cancellation within this window will attract a mandatory Administrative Liquidated Damage Fee of ₹1,000 or 15% of the gross invoice value (whichever is higher) to insulate the Firm against merchant processing costs and system setup losses. Upon the passage of the 24th hour post-payment, this window is extinguished by operation of law.

4. Forfeiture by abandonment & administrative dormancy

• If a service engagement is stalled, paused, or left unexecuted for greater than 30 consecutive calendar days due to the Client's failure to provide documents, clear pending balances, respond to queries, or provide active OTP authentications, the engagement will be formally classified as Abandoned.
• Upon abandonment, all fees paid are permanently forfeited to the Firm as liquidated damages for capacity reservation, the file will be closed, and the Firm is fully discharged from any past, present, or future filing liabilities related to that engagement.

Part II — Advanced liability & statutory defense matrix

5. Scope boundaries & scope creep prohibitions

The scope of any service is strictly confined to the explicit line-item mentioned on the issued invoice. Standard compliance filings (e.g., filing a routine GSTR-1, GSTR-3B, or standard ITR) do not include responding to subsequent scrutiny notices, representing the client before tax authorities, managing department audits, or filing appeals. Any such auxiliary or retrospective defense work represents a completely separate legal engagement and will be billed under an independent fee architecture.

6. Data integrity allocation & Section 271AAD indemnity (the zero-verification doctrine)

• The Passive Processor Rule: LMS FinTax, its partners, and employees do not conduct independent audits, forensic investigations, physical verifications, or background authentication of the information provided. The Firm acts strictly as a passive compiler and technical processor of the data supplied.
• Complete Allocation of Accuracy Liability: The Client retains sole, exclusive, and un-delegable responsibility for the absolute truth, accuracy, legality, completeness, and systemic validity of all primary source data supplied to the Firm. This includes but is not limited to: sales registers, purchase invoices, inventory logs, valuation metrics, bank statements, and KYC credentials.
• Section 271AAD Immunity Shield: Under Section 271AAD of the Income Tax Act, severe statutory penalties apply to false entries or omitted omissions in books of accounts. The Client explicitly agrees that if any false entry, omitted invoice, or fraudulent transactional record is discovered in the data provided by the Client, the Client shall bear 100% of the financial penalty and criminal liability. The Firm stands fully indemnified against any regulatory actions emerging from such misstatements.

7. The 72-hour hard-stop & absolute deadline indemnity

• The Evidentiary Cutoff: To ensure accurate computation and system entry, all complete, cleaned, and un-conflicted datasets, along with required active OTP inputs or digital signatures, must be delivered to the Firm at least 72 hours prior to the official statutory closing window of the respective government portal.
• Automatic Indemnity for Client Latency: If the Client violates this 72-hour window, the Firm is automatically, completely, and irrevocably absolved of any liability regarding missed deadlines, filing failures, or portal lockout issues.
• Sole Financial Burden: Any subsequent late fees, escalating interest components under Section 50 of the CGST Act, compounding penalties, automatic striking-off of companies, or suspension of corporate licenses are the 100% direct financial obligation of the Client. The Firm will not process any delayed filing until the Client clears the accumulated government penalties in advance.

8. Maximum liability cap & Consumer Protection Act waiver

• Consequential Damages Exclusion: To the absolute maximum extent permitted under the Indian Contract Act, 1872, LMS FinTax shall never be liable to the Client or any third party for any speculative, indirect, incidental, consequential, special, or punitive damages. This includes, without limitation, loss of business revenue, interruption of operations, loss of market reputation, opportunity costs, or loss of historical financial data.
• The Absolute Liability Ceiling: In the event that a court of competent jurisdiction or a legally appointed arbitrator determines that the Firm is guilty of explicit professional negligence, breach of contract, or operational oversight, the total, aggregate, maximum monetary liability of LMS FinTax for all claims combined shall never exceed the exact amount of professional fees paid by the Client to the Firm for that specific, isolated service transaction under which the dispute arose.
• Consumer Protection Realignment: The Client acknowledges that they are engaging the Firm for commercial, business, or professional advancement purposes, thereby excluding the relationship from standard retail consumer dispute frameworks to the extent permitted by law.

9. Digital Personal Data Protection (DPDP) Act, 2023 compliance structure

• Role Classification: The Client acknowledges that for the execution of financial compliance, bookkeeping, and corporate services, the Client acts as the Data Fiduciary, and the Firm operates strictly as a Data Processor under the provisions of the Digital Personal Data Protection (DPDP) Act, 2023.
• Lawful Consent Guarantee: The Client warrants that it has secured all necessary, clear, and legal consents from its employees, directors, vendors, and consumers before transferring any personal data or financial identifiers to the Firm. The Client agrees to indemnify the Firm against any data privacy complaints, regulatory fines, or enforcement directives issued by the Data Protection Board of India (DPBI) arising from unauthorized data transmission by the Client.

10. Sovereign portal failures & technical force majeure

The Firm is structurally insulated from, and carries zero liability for, systemic failures, unexpected downtimes, data loss, API breaks, or sudden freezing of government-operated digital infrastructures. This includes the known and recurring performance degradation of the GSTN Portal, the Income Tax E-Filing system, the MCA21 V3 application portal, and banking payment gateways during peak hours. The occurrence of such portal crashes constitutes a statutory Force Majeure event, staying all performance obligations of the Firm.

11. Hyper-defensive indemnification deed

The Client agrees to completely defend, indemnify, and hold entirely harmless LMS FinTax, its proprietor, affiliated specialists, contractors, and employees against any and all losses, third-party claims, regulatory liabilities, damages, expenditures, and legal fees (including attorney fees) that arise out of or relate to:

• Any breach by the client of these Master Terms.
• Any misrepresentation, omission, or concealment of taxable income or business volume by the Client.
• Any regulatory non-compliance inherent in the operational business model of the Client.

12. Severability, survival, & choice of exclusive jurisdiction

• Severability: If any individual provision, sub-clause, or sentence of these Terms is deemed legally invalid, void, or unenforceable by an authorized judicial body, that specific element shall be severed or modified minimally to match the original commercial risk-allocation intent, and the remainder of the terms shall continue with full legal force.
• Survival: All clauses relating to data integrity, limitation of liability, indemnification, and jurisdictional choice shall fully survive the expiration, termination, or completion of the professional services.
• Governing Law & Jurisdiction: This agreement, the entire professional relationship, and any legal disputes or tort actions arising therefrom shall be interpreted solely under the laws of the Republic of India. The parties explicitly, irrevocably agree that any litigation, arbitration, or judicial proceedings shall be subject to the exclusive jurisdictional authority of the courts located in Mumbai, Maharashtra, India, to the exclusion of all other regional courts.

Questions about these terms can be sent to support@lmsfintax.com.