Terms & Conditions

1. Compliance with ICAI Guidelines (Non-Solicitation)

In strict adherence to the regulations and Code of Ethics prescribed by the Institute of Chartered Accountants of India (ICAI), this website is not intended to be a source of advertising or solicitation.

The content provided on this website is solely for informational purposes to existing clients and individuals who proactively seek information about our firm.

By visiting this website, you acknowledge that you are doing so on your own accord and that there has been no advertisement, personal communication, solicitation, invitation, or inducement of any sort whatsoever from A K Shrivastava & Associates or any of its members.

2. No Professional Advice or Client Relationship

Informational Purposes Only: The articles, summaries, tax calculators, and resources on this website are for general guidance only. They do not constitute binding legal, tax, or financial advice.

No Automatic Relationship: Submitting a query through our "Request a Consultation" form, sending an email, or downloading a resource does not create a formal Client-CA relationship. A professional relationship is only established upon the execution of a formal, written "Letter of Engagement" and the clearance of requisite advance fees.

Reliance Risk: You should not act or refrain from acting based purely on the information provided on this website without seeking bespoke, formal professional counsel.

3. Acceptable Use of the Website

You agree to use this website only for lawful purposes. You are strictly prohibited from:

• Using automated scripts, bots, or scraping tools to extract data, client lists, or articles from our website.
• Attempting to gain unauthorized access to our servers, backend forms, or database systems.
• Submitting false, malicious, or spam inquiries through our contact forms.
• Reproducing, duplicating, or copying our website design, layout, or written content without explicit written permission.

4. Terms of Professional Engagement & Scope of Work

Once formally engaged, our services are governed by the following operational terms:

• Principal-to-Principal Basis: We operate as independent professionals. Engaging our firm does not create a partnership, joint venture, or employer-employee relationship.
• Management's Responsibility: Our audit, tax filing, and advisory services rely entirely on the accuracy, authenticity, and completeness of the data, representations, and documents provided by your management. We are not responsible for uncovering systemic fraud, internal embezzlement, or misstatements if the foundational financial data provided to us has been falsified or withheld.
• Prevention of Scope Creep: Our professional fees are quoted for a predefined scope of work. Additional requests—such as handling sudden tax scrutiny notices, revising financial models after finalization, or attending unannounced departmental hearings—fall outside the original scope and will be billed as separate assignments.

5. Client Cooperation & Delay Liabilities

Our ability to meet statutory deadlines is strictly contingent upon your promptness. A K Shrivastava & Associates holds zero liability for late fees, penal interest, or compliance defaults arising from:

• Delayed Data Submission: Providing banking records, ledgers, or clarifications at the "eleventh hour" automatically voids our standard delivery timelines.
• Authentication Delays: Failure of the client or authorized directors to provide real-time OTPs, Digital Signature Certificates (DSCs), or physical signatures required for portal submissions.
• Third-Party Bottlenecks: Delays caused by your vendors, previous auditors, or bankers in providing necessary NOCs or confirmations.

6. Force Majeure & Government Portal Downtimes

Statutory filings are heavily dependent on digital infrastructure outside our control. The firm is entirely absolved of financial or legal liability for missed deadlines caused by:

• Portal Crashes: Unscheduled maintenance, API gateway failures, or complete crashes of government portals (Income Tax e-Filing, GSTN, MCA21, DGFT, PF/ESIC) during peak filing periods.
• Schema Changes: Unannounced updates to offline utility schemas by the government that require the complete re-preparation of XML/JSON return files.
• Acts of God: Natural disasters, severe internet blackouts, pandemics, or civil unrest preventing standard office operations.

7. Fees, Billing, and Out-of-Pocket Expenses

• Fee Estimates: Any fee quoted is an estimate based on the anticipated complexity and man-hours. We reserve the right to revise fees if the scope of work expands significantly.
• Out-of-Pocket Expenses: Our professional fees cover intellectual services. Any incidental expenses incurred during execution—including outstation travel, MCA filing fees, RoC penalty challans, stamp duty, DSC procurement, or courier charges—will be fully reimbursed by the client at actuals.
• Right to Withhold: Invoices are payable immediately upon receipt. We reserve the strict legal right to withhold final audit reports, physical working papers, or digital filings, and to suspend all ongoing services if invoices remain persistently unpaid.

8. Intellectual Property Rights

• Firm's Property: All working papers, proprietary financial models, tax computation sheets, audit programs, and draft notes created by us during the assignment remain the exclusive intellectual property of A K Shrivastava & Associates.
• Website Content: The logos, text, structural design, and articles on this website are the intellectual property of the firm and are protected by Indian copyright laws.

9. Third-Party Links

Our website may contain links to external websites (e.g., the Income Tax Department, GST Portal, ICAI, or payment gateways). We do not endorse, monitor, or hold any responsibility for the content, privacy practices, or security of these external sites.

10. Limitation of Liability

To the maximum extent permitted by applicable Indian law, the total aggregate liability of A K Shrivastava & Associates, its partners, and employees—whether in contract, tort (including negligence), or otherwise—shall not exceed the total professional fees actually paid by the client for the specific assignment in dispute. Under no circumstances shall the firm be liable for indirect, consequential, punitive damages, or loss of business profits.

11. Indemnification

You agree to fully indemnify, defend, and hold harmless A K Shrivastava & Associates from any third-party claims, tax demands, legal costs, or damages arising directly or indirectly from:

• False, misleading, or concealed information provided by you or your employees.
• Your failure to implement adequate internal controls.
• Your unauthorized distribution of our draft reports or advisory memos to third parties.

12. Termination of Services

• By Client: You may terminate an ongoing engagement with a 15-day written notice, subject to the immediate clearance of all billed invoices and unbilled Work-In-Progress (WIP) up to the termination date.
• By Firm: We reserve the right to unilaterally terminate the engagement immediately without penalty if you: (a) request unethical or illegal financial reporting; (b) consistently fail to provide required data; (c) exhibit hostile behavior toward our staff; or (d) default on payment terms.

13. Modifications to Terms

We reserve the right to update, amend, or modify these Terms and Conditions at any time without prior notice. Any changes will be effective immediately upon posting on this website. Your continued use of the website and our services constitutes acceptance of the revised Terms.

14. Governing Law & Dispute Resolution

• Jurisdiction: These Terms and our professional relationship shall be governed by and construed in accordance with the laws of India.
• Arbitration: Any dispute, controversy, or claim arising out of your use of this website or our services shall first be subject to mutual mediation. If unresolved, it shall be referred to a sole arbitrator appointed by the firm.
• Venue: Any legal proceedings or arbitration shall be subject to the exclusive jurisdiction of the competent courts in Gautam Buddha Nagar (Noida), Uttar Pradesh.