MSME Digital

# TERMS AND CONDITIONS - MSME DIGITAL CHAPTER

**Effective Date**: Upon Subscription
**Last Updated**: January 2025

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## ⚠️ CRITICAL NOTICES

### **NON-REFUNDABLE POLICY**
**ALL FEES PAID FOR THIS SERVICE ARE STRICTLY NON-REFUNDABLE UNDER ANY CIRCUMSTANCES.** This includes but is not limited to:
- Monthly, yearly, or lifetime subscription fees
- Processing fees for applications
- Professional fees charged by the platform
- Any additional service charges
- Fees for incomplete or rejected applications
- Fees for applications that do not receive government approval

**NO EXCEPTIONS WILL BE MADE TO THIS POLICY.**

### **NO GUARANTEE DISCLAIMER**
**WE DO NOT GUARANTEE, WARRANT, OR PROMISE:**
- Government approval of any application
- Successful scheme allotment or loan disbursement
- Timeline for government processing
- Accuracy or availability of scheme information
- Eligibility for any specific scheme
- Positive outcome of any application
- Error-free processing
- Uninterrupted service availability
- Compatibility with all government portals

**THIS IS A FACILITATION SERVICE ONLY. FINAL DECISIONS REST WITH GOVERNMENT AUTHORITIES.**

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## 1. INTRODUCTION

These Terms and Conditions ("Terms") govern your subscription to and use of the "MSME Digital" chapter ("Service") provided by VistarKriya Marketing Private Limited ("VistarKriya", "we", "us", or "our") as part of the multi-tenant SaaS platform. By subscribing to this chapter, you ("Subscriber", "you", or "your") agree to be bound by these Terms.

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## 2. SERVICE DESCRIPTION

2.1. **Nature of Service**: MSME Digital is a **facilitation and document management platform** that assists Subscribers in:
- Accessing government scheme information
- Creating and submitting scheme applications
- Managing application documents
- Tracking application status
- Coordinating with professional processors

2.2. **What We Are NOT**:
- We are NOT a government agency or authorized representative
- We do NOT guarantee government approval or loan disbursement
- We do NOT process applications on government portals ourselves
- We are NOT responsible for government policies or decisions
- We do NOT provide legal, financial, or tax advice

2.3. **Service Components**:
- Government scheme catalog with 10+ schemes
- Dynamic form builder with 61+ master fields
- Document request and verification system
- Business Manager approval workflow
- Professional Backend assignment and processing
- Activity tracking and audit trails
- Associate service integration
- Public showcase customization

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## 3. SUBSCRIPTION REQUIREMENTS

3.1. **Eligibility**: This service is only available to:
- Tenants with active paid subscription plans
- Businesses registered in India
- Tenants in good standing with payment obligations
- Tenants with B2B license (for business customers)

3.2. **Technical Requirements**:
- Active custom domain (recommended)
- Valid SSL certificate
- Sufficient wallet balance for BM approvals
- Compliance with platform technical standards

3.3. **License Requirements**:
- Professional Backend user assignment requires separate Professional license
- Business Manager approval features require BM access
- Associate service linking requires Associate chapter subscription

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## 4. PRICING AND FEES

4.1. **Chapter Subscription Fees**:
- Monthly: ₹4,999 + 18% GST
- Yearly: ₹49,999 + 18% GST (save 16%)
- Lifetime: ₹79,999 + 18% GST (one-time payment)
- **ALL FEES ARE NON-REFUNDABLE**

4.2. **Application Processing Fees**:
- Each scheme has a professional fee (₹99 to ₹999 per scheme)
- Markup applied as per tenant configuration (default 100%)
- Additional GST @18% on total charges
- ValueMax discount applicable if subscribed
- MarginMax markup applicable if enabled
- **ALL APPLICATION FEES ARE NON-REFUNDABLE ONCE PAID**

4.3. **Wallet Deductions**:
- Platform receives 50% of total customer payment
- Deducted from tenant core wallet upon BM approval
- **Non-refundable even if application is rejected or cancelled**

4.4. **Government Fees**:
- Currently ₹0 for all schemes (subject to change)
- Any future government fees will be customer's responsibility
- Not included in professional fees

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## 5. APPLICATION PROCESSING

5.1. **Application Workflow**:
1. Customer submits application through tenant portal
2. BM reviews and approves (wallet deduction occurs)
3. Professional Backend assigned by BM/RM
4. Professional requests and verifies documents
5. Professional submits to government portal
6. Government processes and approves/rejects

5.2. **Processing Times**:
- Platform processing: 1-7 working days (BM approval to Professional assignment)
- Document collection: Depends on customer responsiveness
- Government processing: **NOT UNDER OUR CONTROL** (typically 7-60 days)
- **WE DO NOT GUARANTEE ANY SPECIFIC TIMELINE**

5.3. **Application Statuses**:
- Draft: Incomplete application
- Submitted: Awaiting BM approval
- BM Approved: Professional assignment pending
- Processing: Under Professional Backend review
- Documents Requested: Awaiting customer documents
- Documents Pending Verification: Professional reviewing docs
- Completed: Platform processing finished, submitted to government
- Approved by Government: **SUCCESS** (government approved)
- Rejected by Government: **REJECTION** (government rejected)
- Cancelled: Cancelled by customer or platform

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## 6. DOCUMENT MANAGEMENT

6.1. **Document Requirements**:
- Professional Backend requests documents per scheme requirements
- Customers must upload clear, legible, valid documents
- All documents stored securely on BunnyCDN
- Documents retained for 90 days post-completion

6.2. **Document Verification**:
- Professional Backend verifies or rejects documents
- Rejected documents must be re-uploaded
- Multiple rejection cycles may delay processing
- **We are not responsible for document quality issues**

6.3. **Associate Service Linking**:
- Customers can link completed Associate services (ITR, GST, etc.)
- Linked services can fulfill document requirements
- Professional Backend must approve linked services
- **Fees for Associate services are separate and non-refundable**

6.4. **Document Storage**:
- Stored on BunnyCDN with secure access
- Accessible to customer, tenant admin, and assigned Professional
- **We do not guarantee perpetual storage beyond 90 days**
- Export available before deletion upon request

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## 7. BUSINESS MANAGER APPROVAL

7.1. **BM Approval System**:
- All applications require BM approval before processing
- BM reviews customer wallet balance (for B2C) or tenant wallet (for B2B)
- Approval triggers wallet deduction
- **Wallet deductions are immediate and non-refundable**

7.2. **Approval Criteria**:
- Sufficient wallet balance
- Valid customer/tenant details
- Scheme eligibility match
- Platform compliance checks

7.3. **Auto-Approval**:
- BM can set auto-approval thresholds
- Applications below threshold auto-approved if wallet sufficient
- **Auto-approval does NOT guarantee government approval**

7.4. **Approval Expiry**:
- Pending approvals expire after 24 hours
- Expired approvals are auto-rejected
- No wallet deduction for expired approvals

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## 8. PROFESSIONAL BACKEND PROCESSING

8.1. **Professional Assignment**:
- BM or RM assigns Professional Backend user to applications
- Professional Backend requires separate license subscription
- **We do not guarantee specific Professional assignment**

8.2. **Professional Responsibilities**:
- Review application details
- Request required documents
- Verify uploaded documents
- Approve linked Associate services
- Upload government submission attachments
- Update application status
- Add internal notes and activity logs

8.3. **Professional Limitations**:
- Professionals do NOT directly access government portals
- Professionals do NOT guarantee government approval
- Professionals process based on available information
- **Professional fees are charged regardless of outcome**

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## 9. GOVERNMENT SUBMISSION

9.1. **Submission Process**:
- Professional marks application as "Submitted to Government"
- Professional uploads government submission attachments (1-5 files)
- Government reference number entered if provided
- Status updated to "Approved by Government" or "Rejected by Government"

9.2. **Important Clarifications**:
- **We do NOT have direct API integration with government portals**
- Actual submission to government is done externally by Professional or customer
- Platform tracks submission status only
- Government approval is beyond our control

9.3. **Government Approval/Rejection**:
- Government approval: Application marked successful
- Government rejection: Reason recorded in system
- **NO REFUND for government rejection**
- Customer may reapply with new application (new fees apply)

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## 10. USAGE RIGHTS AND RESTRICTIONS

10.1. **Permitted Use**:
- Create applications for eligible government schemes
- Manage customer documents and requests
- Track application status and activity
- Link Associate services for document fulfillment
- Customize public showcase settings
- Access analytics and reports

10.2. **Prohibited Use**: You may NOT:
- Submit false, fraudulent, or misleading information
- Impersonate customers or government officials
- Use the platform for illegal activities
- Attempt to bypass payment or approval workflows
- Access or tamper with other tenants' data
- Reverse engineer or copy platform features
- Scrape or extract scheme data for resale
- Guarantee government approval to customers
- Misrepresent your relationship with government agencies

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## 11. CUSTOMER DATA AND PRIVACY

11.1. **Data Collection**:
- Customer personal details (name, DOB, contact, etc.)
- Business information and financial data
- Identity documents (PAN, Aadhar, etc.)
- Application form responses
- Activity logs and timestamps

11.2. **Data Usage**:
- Process applications through platform workflow
- Share with assigned Professional Backend users
- Verify eligibility and compliance
- Generate reports and analytics
- Comply with legal requirements

11.3. **Data Security**:
- Encrypted storage and transmission
- Role-based access controls
- Regular security audits
- CDN storage for documents
- **We implement reasonable security but cannot guarantee absolute security**

11.4. **Data Retention**:
- Application data: Retained indefinitely for compliance
- Documents: 90 days post-completion, then deleted
- Activity logs: Retained for audit purposes
- Export available upon request before deletion

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## 12. INTELLECTUAL PROPERTY

12.1. **Platform IP**: All platform features, code, design, and functionality are proprietary to VistarKriya. This subscription grants a limited license to use, not ownership.

12.2. **Customer Content**: Customers retain rights to their application data and documents. By using this service, they grant VistarKriya a license to process and store their content.

12.3. **Scheme Information**: Government scheme details are public information. We do not claim ownership but have compiled and formatted them for platform use.

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## 13. BILLING AND PAYMENT

13.1. **Subscription Billing**:
- Charged at the beginning of each billing period
- Automatic renewal unless cancelled
- Price changes with 30 days notice
- **Non-refundable under all circumstances**

13.2. **Application Fee Billing**:
- Customer pays at application submission
- Includes professional fee + markup + GST
- Deducted from customer wallet (B2C) or paid online (B2B)
- **Non-refundable once BM approval granted**

13.3. **Failed Payments**:
- Subscription suspension after 7 days grace period
- Applications frozen until payment cleared
- No refund for suspended periods

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## 14. TERM AND TERMINATION

14.1. **Subscription Term**: Continues until cancelled by either party

14.2. **Termination by Subscriber**:
- Cancel anytime through admin panel
- Effective at end of current billing period
- **No refund for remaining period**
- Active applications can be completed

14.3. **Termination by VistarKriya**: We may terminate for:
- Non-payment of subscription or application fees
- Violation of these Terms
- Fraudulent activity or misuse
- Legal or regulatory requirements
- Platform discontinuation (with 60 days notice)

14.4. **Effect of Termination**:
- Chapter features disabled immediately
- Active applications frozen (no new submissions)
- Data retained for 90 days for export
- **No refund of subscription or application fees**
- Access to data for export during retention period

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## 15. WARRANTIES AND DISCLAIMERS

15.1. **AS-IS SERVICE**: The MSME Digital service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy or completeness
- Uninterrupted operation

15.2. **NO GUARANTEE OF RESULTS**:
- **We do NOT guarantee government approval of applications**
- **We do NOT guarantee loan disbursement or scheme benefits**
- **We do NOT guarantee error-free processing**
- **We do NOT guarantee specific timelines**
- **We do NOT guarantee scheme availability or eligibility**

15.3. **Third-Party Dependencies**:
- Government portal availability beyond our control
- Scheme policy changes without notice
- Banking system integration issues
- Internet connectivity problems
- **We are not responsible for third-party failures**

15.4. **Information Accuracy**:
- Scheme information updated periodically
- May not reflect real-time government changes
- **Always verify scheme details with official government sources**
- We do not warrant accuracy of scheme data

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## 16. LIMITATION OF LIABILITY

16.1. **Maximum Liability**: Our total liability for all claims related to MSME Digital chapter shall not exceed the amount you paid for this service in the 12 months preceding the claim, or ₹10,000, whichever is lower.

16.2. **Excluded Damages**: We are NOT liable for:
- Lost profits or revenue
- Loss of business opportunity
- Data loss (beyond reasonable backup efforts)
- Government rejection of applications
- Loan denial or scheme ineligibility
- Third-party claims
- Indirect, incidental, special, or consequential damages

16.3. **Application-Specific Limitations**:
- Not liable for incorrect customer information
- Not liable for document quality issues
- Not liable for government processing delays
- Not liable for scheme policy changes
- Not liable for customer non-cooperation

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## 17. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless VistarKriya, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your use or misuse of the MSME Digital service
- Violation of these Terms
- False or fraudulent application information
- Infringement of third-party rights
- Customer disputes or complaints
- Unauthorized guarantees made to customers
- Misrepresentation of government approval chances

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## 18. COMPLIANCE AND LEGAL

18.1. **Legal Compliance**: You must ensure:
- Valid business registration and licenses
- Compliance with MSME Act and regulations
- Adherence to RBI and banking guidelines
- Consumer protection law compliance
- Data protection and privacy laws
- Anti-money laundering (AML) requirements

18.2. **Platform Policies**: You must adhere to:
- Platform Terms of Service
- Acceptable Use Policy
- Privacy Policy
- All chapter-specific terms

18.3. **Government Regulations**: You acknowledge:
- Government schemes subject to policy changes
- Eligibility criteria may change without notice
- Scheme availability may be withdrawn
- We have no control over government decisions

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## 19. FORCE MAJEURE

We are not liable for failure to perform due to circumstances beyond reasonable control, including:
- Government actions, policy changes, or portal shutdowns
- Natural disasters or pandemics
- Internet or infrastructure failures
- Strikes, riots, or civil unrest
- Cyber attacks or security breaches

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## 20. MODIFICATIONS

20.1. **Terms Updates**: We may update these Terms with 30 days notice for material changes. Continued use after notice constitutes acceptance.

20.2. **Service Changes**: We reserve the right to:
- Add, modify, or remove schemes
- Change pricing with 30 days notice
- Update features and functionality
- Discontinue service with 60 days notice

20.3. **Scheme Changes**: Government schemes may:
- Be added or removed without notice
- Have eligibility criteria changed
- Be temporarily or permanently unavailable

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## 21. SUPPORT

21.1. **Technical Support**: Available during business hours (Mon-Sat, 10 AM - 6 PM IST) for:
- Platform technical issues
- Application submission errors
- Document upload problems
- BM approval workflow issues

21.2. **NOT Included**:
- Scheme eligibility consultation
- Financial or legal advice
- Government portal assistance
- Guarantee of approval
- Application completion on behalf of customer

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## 22. DISPUTE RESOLUTION

22.1. **Governing Law**: These Terms are governed by the laws of India.

22.2. **Jurisdiction**: Any disputes shall be subject to the exclusive jurisdiction of courts in Dehradun, Uttarakhand, India.

22.3. **Arbitration**: Disputes may be resolved through arbitration as per Indian Arbitration and Conciliation Act, 1996.

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## 23. MISCELLANEOUS

23.1. **Entire Agreement**: These Terms, along with platform Terms of Service, constitute the complete agreement.

23.2. **Severability**: If any provision is unenforceable, others remain in effect.

23.3. **No Waiver**: Failure to enforce any provision does not waive future enforcement.

23.4. **Assignment**: You may not assign these Terms without written consent. We may assign without notice.

23.5. **Notices**: Official notices sent to registered email address.

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## 24. CONTACT INFORMATION

For questions about these Terms:

**VistarKriya Marketing Private Limited**
Email: support@vistarkriya.com
Website: https://vistarkriya.com

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## 25. ACCEPTANCE

By clicking "I Accept", subscribing to the MSME Digital chapter, or using the service, you acknowledge that you have:

✅ **READ** these Terms and Conditions in full
✅ **UNDERSTOOD** the non-refundable policy
✅ **UNDERSTOOD** the no-guarantee disclaimers
✅ **AGREED** to be bound by all terms
✅ **ACKNOWLEDGED** that government approval is not guaranteed
✅ **ACKNOWLEDGED** that all fees are non-refundable

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## ⚠️ FINAL REMINDER

**THIS IS A FACILITATION SERVICE ONLY.**

- We do NOT guarantee government scheme approval
- We do NOT guarantee loan disbursement
- ALL fees are NON-REFUNDABLE regardless of outcome
- Government decisions are beyond our control
- Professional processing does NOT ensure approval

**IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT SUBSCRIBE TO THIS SERVICE.**

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**Last Updated**: January 2025
**Version**: 1.0