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Terms of Service

Last updated: 2 June 2026 · Effective from 2 June 2026
Contents
  1. Acceptance of Terms
  2. Definitions
  3. Nature of Services
  4. No Attorney-Client Relationship by Mere Use
  5. Eligibility
  6. Available Services
  7. Fees, Taxes & Payment
  8. Client Responsibilities
  9. Engagement Letters
  10. No Guarantee of Outcome
  11. Limitation of Liability
  12. Intellectual Property
  13. Confidentiality & Privilege
  14. Indemnification
  15. Force Majeure
  16. Termination
  17. Bar Council & Professional Conduct
  18. Governing Law & Jurisdiction
  19. Severability & Waiver
  20. Modifications
  21. Grievance Redressal
  22. Contact

These Terms of Service (“Terms”) govern your access to and use of the website msmeprime.com (the “Website”) and all advisory, representation, drafting and digital-product services offered through it (collectively, the “Services”) by MSME Prime (“the Firm”, “we”, “us”, “our”).

Please read these Terms carefully before using the Website or availing any Service. By using the Website, by purchasing any digital product, or by paying for a consultation or engagement, you confirm that you have read, understood and accepted these Terms in full.

1. Acceptance of Terms

These Terms constitute a binding legal agreement between you and the Firm. If you do not agree with any part of these Terms, you must not access the Website or avail any Service. Continued use of the Website after these Terms have been modified constitutes acceptance of the modified Terms.

2. Definitions

  • “Client” means a natural or juridical person who has paid for any Service or who has entered into an Engagement Letter with the Firm.
  • “User” means any person who accesses the Website, whether or not they avail any Service.
  • “Service” means any advisory, representation, drafting, document, report, kit or digital product offered through the Website.
  • “Engagement Letter” means a separate written instrument detailing the scope, fee, deliverables and other terms specific to a particular matter or retainer.
  • “Razorpay” means Razorpay Software Private Limited, our payment-gateway partner.

3. Nature of Services

The Firm offers specialist advisory and representation services in matters arising before the National Company Law Tribunal (NCLT), National Company Law Appellate Tribunal (NCLAT), Supreme Court of India and related fora, in particular under:

  • The Insolvency and Bankruptcy Code, 2016 (IBC) — including CIRP under Sections 7, 9 and 10; liquidation; Section 29A eligibility; personal-guarantor insolvency under Part III; resolution-plan drafting and evaluation; surety-discharge defences under the Indian Contract Act, 1872.
  • The Companies Act, 2013 — including Sections 230–232 schemes of arrangement, Section 252 revival of struck-off companies, and Section 241 oppression and mismanagement petitions.
  • Voluntary liquidation, compounding of offences, and other matters within NCLT jurisdiction.

The Firm also offers (i) structured digital products (filing kits, eligibility reports, exposure assessments, limitation checks and similar documents) and (ii) an AI-assisted case-management capability used to produce first drafts of pleadings that are subsequently reviewed by senior counsel before filing or release.

4. No Attorney-Client Relationship by Mere Use

Browsing the Website, sending an enquiry, downloading materials, or purchasing a digital product does not by itself create an attorney-client relationship between you and any advocate of the Firm.

A formal attorney-client relationship is established only on the execution of a written Engagement Letter identifying the matter, the scope of services, the responsible advocate, and the fee. The Initial Consultation creates a limited-scope advisory relationship for the duration of the consultation and the delivery of the written brief; it does not extend to representation in any forum.

5. Eligibility

To avail any paid Service you must be (a) at least 18 years of age, (b) competent to contract under the Indian Contract Act, 1872, and (c) authorised, if acting on behalf of a body corporate, partnership or other juridical entity, to bind that entity. By transacting on the Website you represent and warrant these matters to be true.

6. Available Services

6.1 Initial Consultation (₹15,000 + 18% GST)

A sixty-minute consultation with a senior NCLT advocate or IBBI-registered Insolvency Professional. Includes review of any notice or documents you provide, a written brief summarising the recommended course of action, and a fixed-fee quote for any further representation. Scheduled within three (3) business days of payment, subject to your availability.

6.2 Emergency Response (₹25,000 + 18% GST)

Same-business-day response with a four-hour service-level commitment. Includes immediate review of documents, draft reply to any Section 8, Section 9 or Section 95 notice, a strategy call with a senior advocate, and a full-matter quote within twenty-four hours. The Emergency Response fee is applied as deposit toward the full engagement fee if you proceed to engage the Firm for the matter within fifteen (15) days.

6.3 Custom Engagement (₹25,000 deposit; balance per quote + 18% GST)

Full fixed-fee representation for any NCLT matter, including CIRP under Sections 7/9/10, mergers under Sections 230–232, oppression and mismanagement under Section 241, struck-off revival under Section 252, voluntary liquidation, NCLAT appeals and related litigation. Scope, deliverables and fees are recorded in a separate Engagement Letter. The ₹25,000 deposit is applied against the full fee.

6.4 Digital Products

Stand-alone digital filing kits, reports and reviews available through the Digital Services page (e.g., MSME Samadhaan Filing Kit, Personal Guarantor Exposure Self-Assessment, IBC Limitation & Default-Date Verification, Writ Petition Maintainability Report). These are document-preparation aids produced on the basis of inputs supplied by you. They do not, by themselves, constitute legal advice, a legal opinion under the Advocates Act, 1961, or a substitute for representation.

7. Fees, Taxes & Payment

  • All fees are quoted in Indian Rupees (INR) and exclude 18% Goods and Services Tax (GST), which is calculated and added automatically at checkout.
  • Payments are processed by Razorpay through its PCI DSS-compliant payment gateway. The Firm does not store payment-instrument details.
  • You will receive a GST-compliant tax invoice (Tax Invoice cum Receipt) for every successful payment, by e-mail and made available on your account page.
  • Where you supply a GSTIN, the invoice will reflect it for the purpose of input tax credit.
  • Fees are exclusive of out-of-pocket disbursements (NCLT filing fees, court fees, stamp duty, travel for outstation hearings, courier, valuation and accounting expert fees, etc.), which are billed separately at cost.
  • For Custom Engagements, deposits are non-refundable once matter assessment work has commenced — see the Refund Policy for full detail.

8. Client Responsibilities

The quality and timeliness of any Service depends materially on the information and documents you supply. You agree:

  • To provide complete, accurate and truthful information at the time of booking and during the engagement.
  • To disclose all relevant prior proceedings, demand notices, NCLT/NCLAT/civil-court orders, settlement attempts and any disputes already raised in writing.
  • To provide documents (in PDF, DOCX, XLSX or e-mail form) on a timely basis, in a manner sufficient to enable the Firm to advise or represent you within applicable statutory and tribunal deadlines.
  • To respond promptly to requests from the assigned advocate for clarifications, sign-offs and approvals.
  • Not to use the Services for any unlawful purpose, including misrepresentation, fraud, money-laundering, harassment of counterparties, or attempts to obstruct the course of justice.

The Firm reserves the right to withdraw from any engagement, refund any unearned fee, and decline any future engagement, if it determines in good faith that you have materially misrepresented facts, withheld documents critical to the matter, or are using the Services for any improper purpose.

9. Engagement Letters

All representation beyond the Initial Consultation is governed by a written Engagement Letter that sets out the scope, deliverables, fee, payment schedule, billing of disbursements, withdrawal rights, and termination conditions for the specific matter. In the event of conflict between these Terms and an Engagement Letter, the Engagement Letter prevails in respect of the specific matter.

10. No Guarantee of Outcome

Legal and insolvency proceedings are inherently uncertain. Outcomes depend on facts, evidence, opposing positions, judicial discretion, statutory amendments, regulatory action and other factors outside the Firm’s control. The Firm undertakes to apply the standard of diligence and care expected of competent specialist counsel; we do not, and cannot, guarantee any particular outcome, recovery amount, plan approval, admission or dismissal, timeline or success.

11. Limitation of Liability

To the maximum extent permitted by law:

  • The Firm’s aggregate liability to any Client in respect of all claims arising out of or relating to any Service shall be limited to the professional fee actually received by the Firm from that Client in respect of the relevant matter (excluding GST, disbursements and reimbursements).
  • The Firm shall not be liable for any indirect, incidental, special, punitive or consequential loss, including loss of profit, loss of goodwill, loss of business opportunity, loss of contracts or anticipated savings, even if advised of the possibility of such loss.
  • The Firm shall not be liable for any loss arising out of (i) inaccurate, incomplete or untimely information or documents supplied by the Client, (ii) delays or actions of NCLT, NCLAT, IBBI, counterparties, opposing counsel or other third parties, or (iii) any change in law, rule, regulation or judicial pronouncement after the date of advice.
  • Digital products are provided on an “as-is” basis. The Firm shall not be liable for any reliance placed on a digital product without independent verification by qualified counsel or by the Firm under a separate Engagement Letter.

Nothing in these Terms limits liability for fraud or any other liability that cannot be excluded under Indian law.

12. Intellectual Property

All content on the Website — including text, graphics, logos, the “MSME Prime” brand, document templates, digital products and the AI-assisted case-management methodology — is the intellectual property of the Firm or its licensors and is protected under the Copyright Act, 1957, the Trade Marks Act, 1999 and other applicable laws.

On payment of the relevant fee, the Client receives a limited, non-exclusive, non-transferable licence to use any document delivered by the Firm (whether a digital product, a pleading or an opinion) solely for the Client’s own legitimate purposes in connection with the matter for which it was prepared. No right is granted to resell, republish, redistribute, sub-licence or use such material for any third party or any unrelated matter.

13. Confidentiality & Privilege

The Firm treats all Client information and documents as confidential. Communications with advocates of the Firm engaged for representation are additionally protected by privilege under Section 126 of the Indian Evidence Act, 1872 and by the standards of professional conduct prescribed by the Bar Council of India. Further detail is set out in our Privacy Policy.

14. Indemnification

You agree to indemnify, defend and hold harmless the Firm, its partners, advocates, employees and associates from and against all claims, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of (a) any breach by you of these Terms or of any Engagement Letter, (b) any misrepresentation by you, (c) your use of the Services in violation of any applicable law, or (d) any claim by a third party that arises from your wrongful conduct in relation to the matter.

15. Force Majeure

The Firm shall not be liable for any failure or delay in performance caused by any event beyond its reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, government restrictions, tribunal closures, internet or telecommunications failures, power outages or strikes affecting court functioning. The Firm will, however, take reasonable steps to inform you of the event and to resume performance as soon as practicable.

16. Termination

The Firm may terminate or suspend any Service immediately if (a) you breach these Terms or an Engagement Letter, (b) you fail to make any payment when due, (c) a conflict of interest arises, (d) you instruct the Firm to take any action that would breach the Bar Council Rules or any other law, or (e) the Firm in good faith determines that continued representation is professionally inappropriate.

You may terminate an engagement at any time by written notice. Fees for work already performed up to the date of termination remain payable; deposits are refunded only in accordance with the Refund Policy and the relevant Engagement Letter.

17. Bar Council & Professional Conduct

The Firm and its advocates practise in compliance with the Bar Council of India Rules under the Advocates Act, 1961, including the rules on professional standards, advertising and solicitation. The Website is intended to provide information about our practice and not to solicit or advertise work in a manner contrary to those Rules. By accessing the Website you confirm that you are doing so of your own volition to obtain information about the Firm and its Services.

18. Governing Law & Jurisdiction

These Terms, and any dispute arising out of or in connection with them or with any Service, shall be governed by and construed in accordance with the laws of India. Subject to mandatory consumer-protection rules, all disputes shall be subject to the exclusive jurisdiction of the courts and tribunals at Mumbai, Maharashtra.

Disputes may also be referred, by mutual written agreement, to arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator to be appointed by the President for the time being of the Bombay Incorporated Law Society or such other neutral institution as the parties may agree. The seat of arbitration shall be Mumbai and the language English.

19. Severability & Waiver

If any provision of these Terms is held invalid or unenforceable by a competent court or tribunal, the remaining provisions shall continue in full force and effect. No waiver of any breach shall constitute a waiver of any other or subsequent breach.

20. Modifications

The Firm may modify these Terms at any time. Material changes will be notified by e-mail to active Clients and by a prominent notice on the Website. The “Last updated” date at the top of these Terms indicates when the latest version became effective. Continued use of the Services after such notice constitutes acceptance of the modified Terms.

21. Grievance Redressal

Any service-related grievance, complaint or feedback may be addressed to the Grievance Officer named in our Privacy Policy. Grievances are acknowledged within seventy-two (72) hours and substantively responded to within fifteen (15) days.

22. Contact

MSME Prime

E-mail: admin@msmeprime.com

Telephone: +91 97319 34422 (Mon–Sat, 9 am to 7 pm IST)

Website: msmeprime.com

Cross-references: Please also read our Privacy Policy and Refund Policy, which together with these Terms govern your use of the Website and the Services.
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