Service Agreement recruitment and database service

Transcript

SERVICE AGREEMENT This SERVICE AGREEMENT ("Agreement") is made and entered into between Shine consulting.com India Private Limited, (herein after referred to as ' Shine consulting, which expression shall, unless repugnant to the context or meaning thereof, mean and include its successors and assigns) AND Shine Consulting (hereinafter referred to as 'Purchaser', which expression shall, unless repugnant to the context or meaning thereof, mean and include its successors and permitted assigns). (Shine consulting and Purchaser are hereinafter collectively referred to as "the Parties" and severally as "Party") Date : 28/11/2017 Sales Rep: Madhu Email: [email protected] Quote #: 1-2W1R92Y Tel: +91406611XXX Quote Valid From 28/11/2017 to 30/11/2017 Fax: ++91406650XXX Purchaser: Bill To: SSS. Pvt Ltd SSS. Pvt Ltd Shine Consulting Shine Consulting 172 – R, Aram Bagh, Pahar ganj 172 – R, Aram Bagh, Pahar ganj New Delhi, ND 110055 India New Delhi, ND 110055 India [email protected] [email protected] +919868XXXXXX +919868XXXXXX If any of the above information is incorrect please advice in the correction section on the next page SERVICE DETAILS: The details of service that Purchaser has agreed to take from Shine consulting are as follows (“Service”): Item # Product QTY Product Start Date Product End Date Resume Database Access IN Type = Master 1 Database = NIT 1 15/02/2018 14/02/2019 Geography = National Location = India View Count = N/A Resume Database Access IN Type = Additional Login with Inventory 2 Database = NIT 1 15/02/2018 14/02/2019 Geography = National Location = India View Count = N/A Job Posting-IN-Any Location Has Bolding = N 2 Posting Duration = 60 Days 101 15/02/2018 14/02/2019 Posting Location = India Site = Shine consultingIndia Type = Intelli Post Value of Services INR87,000.00 GST – 18% INR15,660.00 Total Invoice value (including Tax) INR102,660.00 PAYMENT TERMS & INVOICE DELIVERY Payment Due Date Payment Amount TDS Amount 15/02/2017 INR25,665.00 0 15/05/2017 INR25,665.00 0 15/08/2017 INR25,665.00 0 15/11/2017 INR25,665.00 0 (All payments to be made in favour of “Shine consulting.com India Private Limited”) 12U1R98U ALL FIELDS BELOW ARE REQUIRED TO BE COMPLETED IN FULL BEFORE ACTIVATION OF SERVICE CAN OCCUR 1. Authorised Signature: _____________________________ 2. Signing Date: / / 3. Printed Name: Sanjay Signhaniya Singh ( dd/mm/yyyy) Total Price: INR102,660.00 4. Job Title: Proprietor 5. Company Name (as registered, if applicable) Shine Consulting: 6. Registration Number (if applicable): NA 7. TAN Number (if applicable): 8. PAN Number (if applicable): The ‘Agreement Start Date’ will be the date nominated by the Purchaser. If left blank, the earliest product start date will be the nominated date. 9. Agreement Start Date: 15/02/2018 10. Purchase Order Number: _______________________________ If this field is left blank the invoice will be issued without a PO number. PLEASE FILL THIS IN ONLY IF ONE OR MORE OF THE ‘PURCHASER’ COMPANY, ADDRESS, OR CONTACT DETAILS HAVE CHANGED Company Name: __________________________________________________ Company Identification Number (CIN #): _________________________________________________ Address Line 1: ______________________________________________________________________________ Address Line 2: _______________________________________________________________________________ City: _________________________ Country: ________________________ PIN Code: ____________________________ Purchaser Contact Name: __________________________________________________ Telephone No.: __________________________ Purchaser Email: __________________________________________________ TAN Number (if applicable):________ PLEASE FILL THIS IN IF ‘BILL TO’ COMPANY, ADDRESS, OR CONTACT DETAILS HAVE CHANGED Company Name: __________________________________________________________________ Address Line 1: ____________________________________________________________________ Address Line 2: ______________________________________________________________________ City: ______________________ Country: _______________ PIN Code: _________________ Bill To Contact Name: __________________________________ Telephone No.: ______________ Bill To Contact Email: _________________________________ Fax No.: _________________ Reserved for Shine Consulting Name: Madhu Singh Designation: Major Account Manager - Farmer Regd. Office : Plot 2563, Road No. 76, Hyatt Hills, City: Hyderabad Country: India PIN Code: 500033 Email : madhu@Shine consultingindia.com om Phone : +91406611XXXX Signature:____________________________ Signing Date: Sales Rep : Madhu Email : [email protected] Phone: +9140661XXXX By signing this Agreement Purchaser is agreeing to purchase the products and services listed above subject to the standard terms and conditions and product terms, a copy of which was sent to the Purchaser with this Agreement. Please return this Agreement to the Shine consulting sales representative. Please note Purchaser is not required to return to Shine consulting the Terms and Conditions below, which is for purchaser’s information and record. 12U1R98U TERMS AND CONDITIONS Shine consulting will raise the invoice upon execution of the Agreement by Purchaser and shall be payable on or before the payment due date. In the event any payment is not made within the due date, Shine consulting may, without prejudice to its other rights under this Agreement or in law, have the right to deactivate Purchaser's account and / or terminate this Agreement without any liability to Purchaser. Purchaser is bound to make the full payment for the Term, irrespective of whether they use the service(s) or not. Purchaser shall also be liable to pay the legal costs which may be incurred by Shine consulting towards recovery of any of the dues from Purchaser. Training on Shine consulting products and services, wherever applicable, will be scheduled by Shine consulting's Relationship Contact. The said training will take approximately 1-2 hours. On receipt of Username and Password from Shine consulting’s Relationship Contact, Purchaser can use the subscribed Service onto the concerned website of Shine consulting to which the Service relates. Purchaser’s profile / Banners / Logo title if subscribed by Purchaser, would be uploaded on the concerned website of Shine consulting and/ or applicable Shine consulting sites wherever applicable, within a reasonable period from the day Shine consulting receives all the relevant information/approval from the Purchaser for the design / Banners / Logo title of any profile required to be uploaded, as may be applicable. Release schedule to be worked out after confirming the availability of inventory on the Shine consulting website. Shine consulting may either through its officials or authorized representative formally visit the Purchaser's office premises for implementation. Purchaser shall provide to Shine consulting the artwork and profile page information, wherever applicable,, as designed and submitted by Shine consulting to the Purchaser, if subscribed by Purchaser, as soon as possible and shall be responsible to use the Service including Job Postings, if subscribed under this Agreement to post job vacancies on the concerned Website of Shine consulting. Purchaser should immediately intimate to Shine consulting on any change in its address, name, shifting of its office. Shine consulting will allow the Purchaser’s job postings, as subscribed, on the concerned website(s) of Shine consulting, with each job posting having a validity of 60 (sixty) days. Shine consulting will endeavor to maintain its websites (each a “site” or “sites”) in a fully operating condition and error free, except for unavailability and errors which may result from (i) insufficient or inadequate customer bandwidth or technology, (ii) general Internet brown-outs, black-outs and slowdowns, (iii) bring- downs in the ordinary course that are necessary to maintain, update or refresh Shine consultingindia.com or any other applicable relevant website, (iv) any “hacking” or “denial of service” activity by a third party and (v) any other reason beyond Shine consulting's reasonable control. If Purchaser (including any of Purchaser employees) are found to share passwords with any third party, Shine consulting may revoke all login & passwords deactivate Purchaser’s account and no refund will be given. Purchaser agrees not to resell any of the products and services subscribed by Purchaser from Shine consulting including but not limited to any job postings or any database access to any third party. Amounts paid for Services are non-refundable. The services may be deactivated if the payment is not made by the due date(s) mentioned in the agreement / invoice. Purchaser shall also be liable to pay to Shine consulting for dishonor of each payment instruments, which includes either by cheque, ECS electronic payment, or any other method of payment instructions by Purchaser. Purchaser represents and warrants that Purchaser use of data shall be lawful and shall comply with all the applicable local, national and international laws, including but not limited to the laws relating to contracts, labour and employment laws, data privacy laws, cyber laws and law relating to intellectual property. Purchaser further represents and warrants that all and any materials or information provided to Shine consulting to be uploaded to any Site or otherwise used by Shine consulting in the provision of the Service, complies with all applicable laws, and its use in connection with the Service does not infringe the rights of any third parties. Navigation/Search Engines: Notwithstanding anything to the contrary contained herein, Purchaser shall not use or attempt to use, and shall cause each party under your control not to use or attempt to use, any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, avatars or intelligent agents) to navigate or search any Site other than the search engine and search agents available on such Site and other than generally acceptable third party web browsers. To the extent permitted by law Shine consulting makes no warranties, express or implied, including the warranties of merchantability, fitness for a particular purpose, or non-infringement with respect to its services or any site, or results of use thereof and all warranties and conditions, express or implied are hereby excluded. The contents of each Site (including without limitation all job postings and all resumes), and all elements, which are a part of the foregoing, and all intellectual and other proprietary rights therein, are the property of Shine consulting. Neither Purchaser nor any of its employees shall do anything, which would in any way damage, injure or impair the validity of Shine consulting’s rights in the contents of each Site. Notwithstanding the above, any job postings placed on any Site by Purchaser, and all elements which are a part of the foregoing, and all intellectual and other proprietary rights therein, are and shall at all times remain Purchaser’s property. Neither party will be liable to the other party (nor to any person claiming rights derived from the other party's rights) for incidental, indirect, consequential, special, punitive or exemplary damages of any kind - including lost revenues or profits, loss of business or loss of data - arising out of this agreement (including without limitation as a result of any breach of any warranty, or other term of this agreement), regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility thereof. Moreover, Shine consulting's maximum liability arising out of or relating to the transaction, which is the subject matter of the agreement, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed the amount paid by Purchaser to Shine consulting. In case of conflict of any term(s) of this Agreement with any subsequent Purchase Order / written document executed post the signing of this Agreement in relation to this Agreement, the term(s) of this Agreement shall prevail. If Purchaser breaches any provision of the Agreement, Shine consulting may (i) discontinue the service and/or (ii) pursue all other available remedies to enforce the Agreement and obtain payment due thereof. Purchaser agrees to comply with all the applicable laws, including but not limited to the laws relating to contracts, labor and employment laws, data privacy laws, cyber laws and law relating to intellectual property. Purchaser agrees to indemnify Shine consulting, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from Purchaser’s breach of the Agreement terms including but not limited to claims of breach of third party intellectual property rights. Notwithstanding anything to the contrary contained herein, Purchaser’s use of the Shine consulting website and Career Services is subject to the Terms of Use & Privacy Policy available from such Shine consulting website's homepage in which the Service subscribed. By Purchaser’s execution of the Agreement, the Purchaser agree to abide by such Terms of Use & Privacy Policy of Shine consulting, as they may be amended from time to time and these Terms and Conditions. Any Extension/ Up-gradation / renewal of the Services of the Purchaser after the date of expiry of the Agreement shall be given effect only after executing a fresh / renewal Agreement between Shine consulting and Purchaser. Shine consulting will accordingly raise a fresh Invoice for a price as agreed by the Shine consulting and Purchaser for the aforesaid extension/up-gradation/renewal period. Every Dispute, difference or question which may at any time arise between the parties hereto or any person claiming under them, touching or arising out of or in respect of this agreement or the subject matter thereof shall be referred to the Sole 1-2U1R98U Shine consulting Arbitrator nominated by the First Part, the award passed by the Arbitrator shall be final and binding on the parties hereto. The venue of Arbitration shall be Hyderabad, India. All and any disputes shall be subject to the Jurisdiction of the Courts at Hyderabad, India. The Agreement including these terms constitutes the entire understanding between Shine consulting & Purchaser with respect to the subject matter hereof and supersedes any previous oral or written arrangements or understandings relating thereto and governs use of the Shine consulting website or websites in which services are subscribed under the Agreement and may not be amended, terminated or waived unless agreed in writing by the Parties, and shall not be assigned, in whole or in part, directly or indirectly, by Purchaser except by operation law and only comes into existence when signed by the Parties. Any terms of the Agreement that may be invalid shall not affect the validity of enforcement of the remaining valid terms of the Agreement. The Agreement shall not be amended without the affirmative written consent of Parties in writing. Shine consulting has devised a dedicated nodal email ID i.e. [email protected] for its Purchasers. Purchaser can write to Shine consulting at the said email for any information, support and concerns. 1-2U1R98U