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1 GUIDELINES FOR APPRENTICESHIP BY COMPANY SECRETARIES IN PRACTICE, 1985, AMENDED UPTO 22.09.2013 1. TITLE: These guidelines may be titled as “Guidelines for Apprenticeship Training by Company Secretaries in Practice, 1985, amended upto 22.09.2013. 2. EFFECTIVE DATE: These guidelines came into force with effect from 1st April, 1985. 3. ELIGIBILITY FOR COMPANY SECRETARIES IMPARTING APPRENTICESHIP: A candidate registered as a student on or after 16th September, 1982 and who has passed the Intermediate/Executive Programme examination shall be eligible to undergo the apprenticeship training under a whole-time Company Secretary in Practice or a firm of Company Secretaries in Practice under Regulation 48 (c) with the approval of Secretary or Chief Executive if sufficient number of whole-time Company Secretaries in Practice willing to accept the apprentices are available. 4. CONTRACT OF COMPANY SECRETARY APPRENTICESHIP: 4.1 The apprentice and the Company Secretary in Practice will enter into a Contract of Apprenticeship. The contract will be executed in the specified form in duplicate and signed by both the parties viz., the apprentice and the Company Secretary in Practice (Annexure-I). The contract will be filed for registration with the Institute in the specified form (Annexure-II). 4.2 The contract will be executed for a period of 15 months in case of whole-time apprenticeship and as per the Company Secretaries Regulations, 1982, as amended from time to time. The contract will be executed on a Non-Judicial stamp paper or form to be affixed with specific adhesive stamps or franking or by way of e-Stamping of the requisite value. Duplicate thereof will be given to the apprentice. The original contract form is not required to be sent to the Institute and only the form for registration given at Annexure-II along with a copy of contract of training is to be filed with the Institute within 15 days of commencement of training. 4.3 All columns of the contract form are to be filled up clearly and unambiguously. It should be signed by the Company Secretary in Practice and the apprentice at the places provided therein. 4.4 A true copy of examination certificate or marksheet of the student for having passed the Final/ Professional Programme or Intermediate/Executive Programme examination should be filed along with the application for registration. 2 5. ELIGIBILITY FOR A COMPANY SECRETARY IN PRACTICE TO ENGAGE APPRENTICES: (a) Only an ACS/FCS member, who is in whole-time practice as Company Secretary shall be entitled to engage an apprentice for training. (b) A Company Secretary in Practice shall be entitled to impart training to the maximum number of trainees as may be decided by the Council from time to time. As decided by the Council, the Company Secretary in Practice including a partner in a firm of Company Secretaries shall entitle to impart training to number of trainees equal to the number of years of continuous practice of the concerned member subject to a maximum of twenty trainees. A Company Secretary in Practice with less than two years of continuous practice shall entitle to engage only one trainee. If the Company Secretary in Practice surrenders his certificate of practice and starts his practice after a gap, he shall entitle to have the same number of trainees as he was entitled when he surrendered his certificate of practice. (c) An Associate or Fellow member of the Institute who is a whole-time employee of a Company Secretary in Practice shall also be entitled to train one additional apprentice on behalf of the Company Secretary in Practice or firm of Company Secretaries in Practice, if any, of the partners of the firm is entitled to impart training to apprentice. (d) The Company Secretary in Practice will be required to maintain an independent office for practice. (e) The Company Secretary in Practice will maintain an attendance register for the trainees showing the time of their arrival and departure and a register for payment of stipend. (f) The Council may transfer an apprentice from one Company Secretary in Practice to another one, on receipt of request by either the Company Secretary in Practice or the apprentice. (g) After completion of the training, the Company Secretary in Practice shall issue a certificate to that effect to the Institute in the specified form and a copy to the apprentice. (h) Any dispute between the apprentice and the Company Secretary in Practice shall be referred to the appropriate committee of the Council for settlement. Decision of the committee shall be final. (i) In case a Company Secretary in Practice is engaged in some other business/occupation in addition to the Company Secretaryship, only with the prior permission of the Council, he may be permitted to engage an apprentice. He should forward the following additional information to the Institute to determine his eligibility to train the apprentices before he engages the apprentice. 3 (i) Period of his being engaged in that other occupation: (ii) His working hours in that occupation; (iii) Total number of daily and weekly working hours in that occupation; and (iv) Working hours of his practice as Company Secretary. (j) A member who ceases to be in practice or gives up his salaried employment under a Company Secretary in Practice or firm of such Company Secretaries and who at the time of discontinuance of practice or paid employment, as the case may be, has any apprentice under him, shall not be eligible for practice or take-up salaried employment under a Company Secretary in Practice or a firm of such Company Secretaries until such time as the apprentice(s) serving under him previously complete the period of training intended to be served under him, has he not given up his practice or the salaried employment. (k) No Company Secretary in Practice shall engage any trainee or apprentice of any other Institute or society simultaneously with the engaging of the apprentice for Company Secretaryship training except with the prior permission of the Institute. 6. PREMIUM: No premium shall be charged or payable in case of apprentices entering into apprenticeship. 7. WORKING HOURS: The candidates undergoing whole-time apprenticeship shall be required to work during normal hours for a period of fifteen months which shall not be less than 6 hours a day for 5 days in a week for a total period of fifteen months. 8. STIPEND: Every Company Secretary in Practice engaging the apprentice shall be required to pay monthly stipend to the apprentice at the rates determined by the Council from time-to-time. For the time being the Council has fixed a minimum stipend of ₹ 2000 per month to a whole-time apprentice. 9. LEAVE 9.1 An Executive Programme passed apprentice shall earn a leave of 45 days and Professional Programme passed for 15 days during the 15 months training period. An apprentice who has passed Professional Programme examination in between the 15 months training period, shall earn proportionate leave of 15 days (as applicable to Professional Programme passed trainees) for the balance period of training. Leave shall ordinarily be granted if reasonable notice has been given to the employer Company Secretary in Practice by the apprentice. 4 Leave not earned and due may also be granted by the employer to the apprentice provided that total number of leave granted to the apprentice does not exceed the limit of leaves approved by the Council from time to time. 9.2 For the purpose of preparing for examination of the Institute, the apprentice shall be granted leave for 1 month or to the extent due, whichever is less provided an application for leave is submitted to the employer atleast 15 days in advance. 9.3 The employer Company Secretary in Practice shall not allow the apprentice to receive training under any other organization or society unless approved by the Council. If permitted by the Council such period shall not be treated as period of leave availed by him and will not exceed 30 days in a year. 9.4 An apprentice who has taken leave in excess of the specified period shall be required to undergo further training equivalent to excess leave taken in order that his training may be completed. 10. QUARTERLY REPORT: The employer Company Secretary in Practice, imparting apprenticeship to a trainee shall submit a quarterly report to the Institute regarding the progress of the trainee. 11. TRANSFER OF APPRENTICE FROM ONE COMPANY SECRETARY IN PRACTICE TO ANOTHER. 11.1 An apprentice can be transferred to another Company Secretary in Practice on termination of his apprenticeship by the Institute with the Company Secretary in Practice with whom he was sponsored for training at the first instance. 11.2 The formalities required to be complied with for recommencement of the training with another Company Secretary in Practice will be the same as in the first instance. 11.3 The apprenticeship can be terminated by the Institute on mutual concurrence of the apprentice and the Company Secretary in Practice, being conveyed to the Institute in writing. 11.4 The contract of apprenticeship executed between the second Company Secretary in Practice and the apprentice should be accompanied by the certificate from the previous Company Secretary in Practice in respect of the training undergone by him in the specified form (Annexure-III). 11.5 The period of training with the new Company Secretary in Practice will be only for the balance period required to be undergone. 5 12. CANCELLATION OF APPRENTICESHIP: Where a complaint or information about any misconduct or breach of the aforesaid guidelines or breach of any terms of the contract of apprenticeship is received against the apprentice, the Institute may cause an enquiry to be made and on receipt of the report of enquiry and after giving the apprentice an opportunity of being heard, cancel the training or direct that any period already served as a trainee shall not be counted as the period of training. An apprentice whose apprenticeship has been cancelled shall not be accepted without the prior permission of the Institute as apprentice; neither shall be retained nor offer himself as a trainee. 13. COMPLAINING AGAINST THE EMPLOYER COMPANY SECRETARY IN PRACTICE 13.1 Where an apprentice makes a complaint against his employer Company Secretary in Practice on a matter concerning his training, the Institute may cause an investigation and take such action as it may consider expedient. 13.2 The Secretary or the Chief Executive of the Institute may, pending an investigation in the matter either cancel or terminate the training and allow the apprentice to be accepted as an additional apprentice by another Company Secretary in Practice: (i) When the apprentice is not able to complete the training; (ii) The employer Company Secretary in Practice ceases to be in practice; (iii) The registration of apprentice has been cancelled; or (iv) The employer Company Secretary in Practice had died. 13.3 An apprentice may enter into fresh contract of apprenticeship for the remaining term of his training with another employer Company Secretary in Practice entitled to engage the apprentice or company/ other entity registered for imparting training provided his case is an appropriate case as referred to above. It will also be subject to the approval of the Institute, of his being engaged as additional trainee with another employer entitled to train. 14. Register of apprentices. The Institute shall maintain a register of apprentices in electronic form in which the particulars of the apprentices will be recorded. 15. Permission for pursuing additional course of study. 15.1 The apprentice may be granted permission for pursuing the additional course of study, considered useful for the Company Secretaryship Course during the entire period of training whether it involves attending any classes or not. 6 15.2 The following courses have been identified as useful for the Company Secretaryship course. (a) Courses conducted by the Institute of Costs Accountants of India. (b) Courses conducted by the Institute of Chartered Accountants of India. (c) Courses leading to acquisition of a degree in law, management or commerce and (d) Any other recognized course in law, management or commerce discipline as may be approved by the Institute from time-to-time. 15.3 The Institute may grant permission will not have any objection for apprentices to pursue any of the courses referred to above provided the employer Company Secretary in Practice does not have any objection has given concurrence and forwarded the application of the apprentice to the Institute. 15.4 The course is to be pursued after normal working hours (at least for six working hours) of the employer Company Secretary in Practice and attendance to do the course is beyond six normal working hours with the Company Secretary in Practice. 16. Apprentice not to engage in any trade, business or occupation: The apprentice shall not engage himself in any business or occupation. He may be allowed to be merely a sleeping partner and there should be a recital in the partnership deed that the apprentice is a sleeping partner and this will constitute a prima facie evidence unless there is any evidence to the contrary. 17. Completion of Training: The employer Company Secretary in Practice shall issue a certificate of completion of training in the specified form (Annexure IV). 18. Deviation from guidelines: The Secretary or the Chief Executive of the Institute is empowered to approve any deviation in the procedures to be complied with under these guidelines or to make any relaxation which does not affect the principles behind the guidelines in just and equitable cases. 19. The Training and Educational Facilities Committee shall be the administering and appellate authority of these guidelines and entitled to amend or alter any provisions in the guidelines with or without any previous notice. 7 ANNEXURE-I FORM OF CONTRACT OF APPRENTICESHIP TRAINING Contract of apprenticeship training made the_________day of_________ (month) two thousand and ___________between __________________ of _______________________ (place) (hereafter called the employee of the first part) and the Company Secretary in Practice/Partner/Employer of M/s _____________________________________________ Company Secretary in Practice employing the Employer of the first part (hereafter called the second employer), and _____________________________________ of the second part (hereafter called the apprenticeship trainee).Witness as follows that is to say : - 1. (a) In consideration of the covenants by the apprenticeship trainee hereafter contained, the Employer agrees to take up the apprenticeship trainee as his apprenticeship trainee for the term of 15 months from the_____________ day of _____________ two thousand and ___________________. (b) The Second Employer of the first part agrees to permit the employer of the first part to train the apprenticeship trainee in his office/firm (where applicable). 2. The apprenticeship trainee of his own free will binds himself as apprenticeship trainee to the Employer to serve him for and during and upto the full end and term of 15 months. 3. The apprenticeship trainee covenants with the employer as follows :- (a) That he will at all times during the said term diligently and faithfully serve the employer as his apprenticeship trainee in the practice of profession of Company Secretaries. (b) That he will not at any time during the said term, destroy, cancel, obliterate, spoil, embezzle, spend, make away with or take copies of books, papers, plans, documents, moneys, stamps or chattels of the employer, his personal representatives or assignees or of his partner(s) or of any of his clients of employer or allow any of the said goods to be so treated by others, if he can by the exercise of reasonable care prevent it. (c) That he will at all time keep the secrets of the employer and his partner or partners and of his and their clients and employers and will not divulge the names and affairs of such clients and employees. (d) That he will readily and cheerfully obey and execute the lawful and reasonable commands of the Employer and will not depart or absent himself from the service of employment of the employer at any time during the said term without his consent or that of is partners first obtained but will at all times during the said term conduct himself with all due diligence, honesty, and propriety. 8 (e) That he will at all times well and faithfully serve the employer, as an apprenticeship a trainee ought to do in all things whatsoever. (f) That he will make good and fully indemnify the employer for any loss or damage suffered or sustained by him by his misbehaviour or improper conduct. 4. The employer covenants with the apprenticeship trainee as follows :- (a) That he will by the best ways and means in his power and to the utmost of his skill and knowledge instruct or cause to be instructed the apprenticeship trainee and afford him such reasonable opportunities and work as may be required to enable him to acquire the art, science and knowledge of Company Secretaryship. (b) That his professional practice [or that of his employer(s) in his or their] main occupation and is suitable for the purpose of enabling him to carry out the obligations referred to in (a) above. (c) That he will pay a stipend of Rs. _________ per month for the period of apprenticeship within 10 days after every completed month of apprenticeship training including for period of authorised leave of 45 days (for Executive Programme passed trainees) or 15 days (for Professional Programme passed trainees) . (d) That he will at the expiration of the said term use his best means and endeavours to cause the apprenticeship trainee to be admitted as a member of the Institute, provided always that the apprenticeship trainee shall have well and faithfully served his intended apprenticeship training and shall have passed the required examinations and in all respect properly qualified himself to be admitted as such. (e) (i) That if the employer shall die during the said terms, his legal representative shall grant to the apprenticeship trainee a certificate of service in the appropriate form for the expired period of training. (ii) That if the employer shall cease to practice as Company Secretary or shall in any way become incapable of continuing the intended employment of the apprenticeship trainee during the said term, he will make the necessary arrangements as far as practicable, for the completion of the residue of the term as apprenticeship trainee with some other member entitled to train the apprenticeship trainee and issue the certificate of service in the appropriate form for the expired period of apprenticeship training. 5. These conditions are subject to the Company Secretaries Act, 1980 and the regulations and guidelines framed there under as may be in force from time to time. 9 In witness whereof the parties have hereinto set their hands and seals the day and year first above Written Signed, Sealed and Delivered by (First Employer) In the presence of (Witness) Signed, Sealed and Delivered by (Second Employer) In the presence of (Witness) Signed, Sealed and Delivered by (Apprenticeship Employee) In the presence of (Witness) 10 ANNEXURE-II STATEMENT OF PARTICULARS TO BE SUBMITTED (IN DUPLICATE) FOR REGISTRATION AS A TRAINEE (PART-‘A’) Particulars of the Apprenticeship Trainee: 1 Name (in block letters) : 2 Student Registration No. : 3 Particulars regarding passing of the Intermediate/Executive Programme (where applicable)/Final/Professional Programme Examination of the Institute: Examination Group/Module(s) Roll No. Month Year Intermediate/Executive Programme First Second Final/Professional Programme First Second Third Fourth 4. Particulars of previous training, if any : (a) Name & Address of the employer Company Secretary in Practice : (b) C.P. Registration Number: (c) Date of commencement of training: (d) Date of termination of training: (e) Duration of leave taken, if any: 5. Date of commencement of training under the present employer Company Secretary in Practice: 6. Date on which the Contract of Company secretaries Apprenticeship Training has been executed: 11 7. Period for which the Contract of Apprenticeship Training entered into: 8. Whether the Contract has been executed: (a) In the printed form without any modifications: (b) In duplicate and one copy kept by either party: 9. (a) Whether the apprenticeship trainee is engaged in any other business or occupation : (b) If so, whether permission of the Council has been obtained (Quote letter no. & date) (c) If permission is not sought, please give full details of engagement and the date since when so engaged. 10. (a) Whether the apprenticeship trainee has taken up any other course of study, academic or (b) If so, whether permission of the Council has been obtained and the trainee is agreed to compensate the minimum working hours as prescribed by the Institute (Quote letter No. & date): (c) If permission is not sought, give Give full particulars of the course, timing of the classes held, working hours of the employer, etc. I declare that the particulars given above are true and correct to the best of my knowledge and belief and I undertake to intimate to the Institute and the employer within sixty days, any change that may occur in the information furnished above during the period of my training for the purpose of Company Secretaries Regulations, 1982. I undertake to abide by all the rules as may be in force from time-to-time during the period I am undergoing training. I further agree not to pass on, sell or gift away my study paper or any other material provided to me by the Institute. Signature of the Apprentice Trainee I declare that the particulars given above are true and correct to the best of my knowledge and belief. Place: Countersigned by the Employer Date: 12 (PART-‘B’) Particulars of the Employer Company Secretary in Practice 1.Name::_________________________________________________________ 2.Membership No. ACS/FCS__________________ CP No. :_____________ 3. Name of the firm of which the member is proprietor/partner: _________________ 4. If working as a paid Assistant with a Company Secretary/firm of Company Secretaries, name of his employer : __________________________________ 5. Whether the member is engaged in any other business or occupation at present, if so, please give details:_________________________________________________ 6. Names of other trainees, if any, already undergoing training with the member, and their student registration number:_________________________________ 7. Name of additional apprenticeship trainees, if any, already undergoing training with the member and their registration number: _____________________________ I declare that the particulars given in Part ‘B’ above are true and correct to the best of my knowledge and belief and I undertake to intimate the Institute within sixty days any change that may occur in the information furnished in Part ‘B’ during the period of training of the apprenticeship trainee. I further declare that : (i) I have fully satisfied myself that the apprenticeship trainee is eligible to receive training, as such, under the Company Secretaries Regulations, 1982, having passed the Intermediate/ Executive Programme or Final/Professional Programme examination conducted by the Institute. (ii) The Contract of Apprenticeship Training has been executed in duplicate. (iii) I have fully; satisfied myself that the Contract has been executed correctly in all respects. (iv) One copy of the Contract of Apprenticeship Training has been retained by me and the other has been given to the apprenticeship trainee. (v) I shall be paying a stipend of Rs. ______________ per month to the trainee. 13 8.Address for communication ______________________________________________________________________ ____________________ Tel. No. (R) __________________________ (O) ____________________________ Mobile No. _______________Email Address______________________________ Place : Date : Signature of the Employer 14 ANNEXURE-III CERTIFICATE OF TRAINING OF DISCONTINUANCE/ TERMINATION OF TRAINING I__________________________________of__________________________do hereby certify that Shri Mr./ Ms. ___________________________________ served as a Company Secretaryship apprenticeship trainee under me in accordance with the Company Secretaries Regulations, 1982, for a period of ________ month and _______________ days from ________________________ to ____________________ on whole time basis and his progress was satisfactory and that to the best of my knowledge, he bears a good moral character. The training is terminated by mutual consent with effect from ___________________. I further certify that during the above mentioned period the apprenticeship trainee was given leave for ___________ days. The contract of apprenticeship training was registered with the Institute of Company Secretaries of India vide Registration No. __________________________ dated _______________________. Place : Date : Signature ______________________________ Name : __________________________________ ACS/FCS No. __________ CP No. _________ I _____________________ have agreed for termination of my training under Shri Mr./Ms. ____________________________________ with effect from ________________________ at my own free will and endorse the contents of his certificate : Place : Signature of Apprenticeship Trainee Date : Regn. No. ___________________ 15 ANNEXURE-IV COMPLETION CERTIFICATE OF 15 MONTHS TRAINING I, ___________________________________ Company Secretary of _______________________________________________________________ do hereby certify that Mr./ Ms. Student Registration No. ________________________ has completed the prescribed training as sponsored by the Institute of Company Secretaries of India, vide their letter No. ___________________________ dated_______________________ under our organisation for a period of ___________ Months from __________ to ________________ and his/her progress was satisfactory. I, further certify that during the above mentioned period he/she was not given any leave/given leave for _______ days. Place : Date : Company Secretary
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4. SoOLEGAL will remit the fees (without any interest) to its Registered User/ Consultant every 15 (fifteen) days. If there is any discrepancy in such payment, it should be reported to Accounts Head of SoOLEGAL (firstname.lastname@example.org) with all relevant account statement within fifteen days from receipt of that last cycle payment. Any discrepancy will be addressed in the next fifteen days cycle. If any discrepancy is not reported within 15 days of receipt of payment, such payment shall be deemed accepted and SoOLEGAL shall not entertain any such reports thereafter.
5. Any Registered User/ Consultant wishes to discontinue with this, such Registered User/ Consultant shall send email to SoOLEGAL and such account will be closed and all credits will be refunded to such Registered User/ Consultant after deducation of all taxes and applicable fees within 30 days. Other than as described in the Fulfilment by SoOLEGAL Terms & Conditions (if applicable to you), for the SoOLEGAL Site for which you register or use the Transacting on SoOLEGAL Service, you will: (a) source, fulfil and transact with your Documents/ Advices, in each case in accordance with the terms of the applicable Order Information, these Transaction Terms & Conditions, and all terms provided by you and displayed on the SoOLEGAL Site at the time of the order and be solely responsible for and bear all risk for such activities; (a) not cancel any of Your Transactions except as may be permitted pursuant to your Terms & Conditions appearing on the SoOLEGAL Site at the time of the applicable order (which Terms & Conditions will be in accordance with Transaction Terms & Conditions) or as may be required Transaction Terms & Conditions per the terms laid in this Documents/ Advice; in each case as requested by us using the processes designated by us, and we may make any of this information publicly available notwithstanding any other provision of the Terms mentioned herein, ensure that you are the REGISTERED USER of all Documents/ Advices made available for listing for Transaction hereunder; identify yourself as the REGISTERED USER of the Documents/ Advices on all downloads or other information included with Your Documents/ Advices and as the Person to which a customer may return the applicable Documents/ Advices; and
S-2.2 Returns and Refunds. For all of Your Documents/ Advices that are not fulfilled using Fulfilment by SoOLEGAL, you will accept and process returns, refunds and adjustments in accordance with these Transaction Terms & Conditions and the SoOLEGAL Refund Policies published at the time of the applicable order, and we may inform customers that these policies apply to Your Documents/ Advices. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping of any hard copy and handling or other charges) or other amounts to be paid by you to customers in connection with Your Transactions, using a functionality we enable for Your Account. This functionality may be modified or discontinued by us at any time without notice and is subject to the Program Policies and the terms of thisTransaction Terms & Conditions Documents/ Advice. You will route all such payments through SoOLEGAL We will provide any such payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), and you will reimburse us for all amounts so paid. For all of Your Documents/ Advices that are fulfilled using Fulfilment by SoOLEGAL, the SoOLEGAL Refund Policies published at the time of the applicable order will apply and you will comply with them. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable SoOLEGAL Refund Policies and as required by Law, and in no case later than thirty (30) calendar days following after the obligation arises. For the purposes of making payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), you authorize us to make such payments or disbursements from your available balance in the Nodal Account (as defined in Section S-6). In the event your balance in the Nodal Account is insufficient to process the refund request, we will process such amounts due to the customer on your behalf, and you will reimburse us for all such amount so paid.
You will pay us: (a) the applicable Referral Fee; (b) any applicable Closing Fees; and (c) if applicable, the non-refundable Transacting on SoOLEGAL Subscription Fee in advance for each month (or for each transaction, if applicable) during the Term of this Transaction Terms & Conditions. "Transacting on SoOLEGAL Subscription Fee" means the fee specified as such on the Transacting on SoOLEGALSoOLEGAL Fee Schedule for the SoOLEGAL Site at the time such fee is payable. With respect to each of Your Transactions: (x) "Transactions Proceeds" has the meaning set out in the Transaction Terms & Conditions; (y) "Closing Fees" means the applicable fee, if any, as specified in the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site; and (z) "Referral Fee" means the applicable percentage of the Transactions Proceeds from Your Transaction through the SoOLEGAL Site specified on the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site at the time of Your Transaction, based on the categorization by SoOLEGAL of the type of Documents/ Advices that is the subject of Your Transaction; provided, however, that Transactions Proceeds will not include any shipping charge set by us in the case of Your Transactions that consist solely of SoOLEGAL-Fulfilled Documents/ Advices. Except as provided otherwise, all monetary amounts contemplated in these Service Terms will be expressed and provided in the Local Currency, and all payments contemplated by this Transaction Terms & Conditions will be made in the Local Currency.
All taxes or surcharges imposed on fees payable by you to SoOLEGAL will be your responsibility.
S-6 Transactions Proceeds & Refunds.
S-6.1.Nodal Account. Remittances to you for Your Transactions will be made through a nodal account (the "Nodal Account") in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009. You hereby agree and authorize us to collect payments on your behalf from customers for any Transactions. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with the Transaction Terms & Conditions mentioned hereunder to a bank, auditor, processing agency, or third party contracted by us in connection with this Transaction Terms & Conditions.
Subject to and without limiting any of the rights described in Section 2 of the General Terms, we may hold back a portion or your Transaction Proceeds as a separate reserve ("Reserve"). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfillment of delivery to the customers of your Documents/ Advices keeping in mind the period for refunds and chargebacks.
S-6.2. Except as otherwise stated in this Transaction Terms & Conditions Documents/ Advice (including without limitation Section 2 of the General Terms), you authorize us and we will remit the Settlement Amount to Your Bank Account on the Payment Date in respect of an Eligible Transaction. When you either initially provide or later change Your Bank Account information, the Payment Date will be deferred for a period of up to 14 calendar days. You will not have the ability to initiate or cause payments to be made to you. If you refund money to a customer in connection with one of Your Transactions in accordance with Section S-2.2, on the next available Designated Day for SoOLEGAL Site, we will credit you with the amount to us attributable to the amount of the customer refund, less the Refund Administration Fee for each refund, which amount we may retain as an administrative fee.
"Eligible Transaction" means Your Transaction against which the actual shipment date has been confirmed by you.
"Designated Day" means any particular Day of the week designated by SoOLEGAL on a weekly basis, in its sole discretion, for making remittances to you.
"Payment Date" means the Designated Day falling immediately after 14 calendar days (or less in our sole discretion) of the Eligible Transaction.
"Settlement Amount" means Invoices raised through SoOLEGAL Platform (which you will accept as payment in full for the Transaction and shipping and handling of Your Documents/ Advices), less: (a) the Referral Fees due for such sums; (b) any Transacting on SoOLEGAL Subscription Fees due; (c) taxes required to be charged by us on our fees; (d) any refunds due to customers in connection with the SoOLEGAL Site; (e) Reserves, as may be applicable, as per this Transaction Terms & Conditions; (f) Closing Fees, if applicable; and (g) any other applicable fee prescribed under the Program Policies. SoOLEGAL shall not be responsible for
S-6.3. In the event that we elect not to recover from you a customer's chargeback, failed payment, or other payment reversal (a "Payment Failure"), you irrevocably assign to us all your rights, title and interest in and associated with that Payment Failure.
S-7. Control of Site
Notwithstanding any provision of this Transaction Terms & Conditions, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the SoOLEGAL Site and the Transacting on SoOLEGAL Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to any of the SoOLEGAL Site and the Transacting on SoOLEGAL Service and any element, aspect, portion or feature thereof (including any listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or require you not to list any or all Documents/ Advices on the SoOLEGAL Site in our sole discretion.
S-8. Effect of Termination
Upon termination of this Contract, the Transaction Terms & Conditions automatiocally stands terminated and in connection with the SoOLEGAL Site, all rights and obligations of the parties under these Service Terms with regard to the SoOLEGAL Site will be extinguished, except that the rights and obligations of the parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.
"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
"Required Documents/ Advices Information" means, with respect to each of Your Documents/ Advices in connection with the SoOLEGAL Site, the following (except to the extent expressly not required under the applicable Policies) categorization within each SoOLEGAL Documents/ Advices category and browse structure as prescribed by SoOLEGAL from time to time, Purchase Price; Documents/ Advice Usage, any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or Transaction of Your Documents/ Advices, requirements, fees or other terms and conditions applicable to such Documents/ Advices that a customer should be aware of prior to purchasing the Documents/ Advices;
"Transacting on SoOLEGAL Launch Date" means the date on which we first list one of Your Documents/ Advices for Transaction on the SoOLEGAL Site.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).
"Your Transaction" is defined in the Transaction Terms & Conditions; however, as used in Terms & Conditions, it shall mean any and all such transactions whereby you conduct Transacting of Documents/ Advices or advice sought from you by clients/ customers in writing or by any other mode which is in coherence with SoOLEGAL policy on SoOLEGAL site only.
Taxes on Fees Payable to SoOLEGAL. In regard to these Service Terms you can provide a PAN registration number or any other Registration/ Enrolment number that reflects your Professional capacity by virtue of various enactments in place. If you are PAN registered, or any professional Firm but not PAN registered, you give the following warranties and representations:
(a) all services provided by SoOLEGAL to you are being received by your establishment under your designated PAN registration number; and
SoOLEGAL reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your PAN registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize SoOLEGAL to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to SoOLEGAL upon request. SoOLEGAL reserves the right to charge you any applicable unbilled PAN if you provide a PAN registration number, or evidence of being in a Professional Firm, that is determined to be invalid. PAN registered REGISTERED USERs and REGISTERED USERs who provide evidence of being in Law Firm agree to accept electronic PAN invoices in a format and method of delivery as determined by SoOLEGAL.
All payments by SoOLEGAL to you shall be made subject to any applicable withholding taxes under the applicable Law. SoOLEGAL will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, SoOLEGAL shall have the right to utilize the retained amount for discharging its tax liability.
Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to SoOLEGAL and SoOLEGAL shall provide necessary support and Documents/ Adviceation as may be required by you for discharging your obligations.
SoOLEGAL has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case SoOLEGAL successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.
Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
Category and Documents/ Advice Restrictions
Certain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos).
SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list.
For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL.
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
Registered Users must at all times adhere to the following rules for the Documents/ Advices they intend to put on Transaction:
The "Add a Documents/ Advice" feature allows REGISTERED USERS to create Documents/ Advice details pages for Documents/ Advices.
The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Listing prohibited content may result in the cancellation of your listings, or the suspension or removal of your transacting privileges. REGISTERED USERS are responsible for ensuring that the Documents/ Advices they offer are legal and authorised for Transaction or re-Transaction.
If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
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