/01 Contracting entity
For clients in India, services are provided by Mr.Ooi Solutions, a sole proprietorship with GSTIN 37ACEPU0301J1ZR, principal place of business Hyderabad, Telangana, India. All other terms are in the Master Services Terms.
/02 Prices, GST and invoices
Prices are in Indian Rupees and exclude GST. GST at the applicable rate (currently 18% for these services) is added to every invoice. Our GST registration is in Andhra Pradesh (state code 37): clients in Andhra Pradesh are charged CGST and SGST; clients in other states and union territories, including Telangana, are charged IGST. You must give us your correct GSTIN and billing address before the first invoice; input tax credit lost because of incorrect details you gave is your responsibility. Details: GST and Invoicing Information.
/03 TDS
Where you deduct tax at source, you will deduct it at the correct rate and section, deposit it on time, file your TDS return so the credit appears in our Form 26AS, and send the TDS certificate (Form 16A) within the time the Income-tax Act requires. Any amount deducted but not deposited or not reflected in Form 26AS remains payable by you as fees.
/04 Payment and MSME protection
Paid audits: 100% on booking. Projects: 50% on signing and 50% on delivery. 90-day sprints: 50% on signing and 50% at day 45. Retainers: monthly in advance, 6-month minimum. Invoices are due within 7 days. Late payments carry interest at 18% a year. Where Mr.Ooi is registered under the MSMED Act 2006 (Udyam), sections 15 and 16 of that Act apply: payment is due within the agreed period and never later than 45 days from acceptance, and delayed payments carry compound interest at three times the bank rate notified by the RBI, with the right to refer the dispute to the Micro and Small Enterprises Facilitation Council. Pay only to an account in the name of Mr.Ooi Solutions; see the Payment Safety Notice.
/05 Electronic contract and stamp duty
Acceptance by signed proposal, click-to-accept, email confirmation or payment forms a valid contract under the Indian Contract Act 1872 and section 10A of the Information Technology Act 2000. Any stamp duty payable on the agreement is borne by the client.
/06 Sector compliance
You are solely responsible for making sure content and advertising prepared on your instructions comply with rules that apply to your business, including the ASCI Code; for healthcare, the Drugs and Magic Remedies (Objectionable Advertisements) Act 1954 and the National Medical Commission's rules on professional conduct; for real estate, RERA and the relevant state rules (including showing the project registration number); for financial services, RBI, SEBI and IRDAI advertising rules; and for education, UGC and AICTE rules and the Consumer Protection Act 2019's guidelines on misleading advertisements. We flag issues we notice but do not provide legal sign-off, and clause 14 (your indemnity) of the Master Services Terms applies.
/07 Data protection
Each party complies with the Digital Personal Data Protection Act 2023 and its Rules as they come into force. You are the data fiduciary for personal data in your systems; Mr.Ooi is your data processor under the Data Processing Agreement. See the India Privacy Notice.
/08 Governing law and arbitration
These Terms are governed by the laws of India. After the 30-day senior discussion, any dispute will be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act 1996, appointed by agreement or, failing agreement within 30 days, under section 11 of that Act. The seat and venue of arbitration is Hyderabad, Telangana, the language is English, and the costs of arbitration follow the outcome. Subject to arbitration, the courts at Hyderabad have exclusive jurisdiction, including for interim relief under section 9. Mr.Ooi may in addition recover undisputed unpaid fees through the MSME Facilitation Council or a summary suit under Order XXXVII of the Code of Civil Procedure.
/09 Related India pages
India Privacy Notice · Grievance Officer · Refund and Cancellation · Service Delivery · GST and Invoicing · Calls, SMS and WhatsApp