Chandrawati ganj, Sanwer,Indore, Madhya
Pradesh, IN
Email:infoydagroupindia@gmail.com
Website:
www.ydagroupindia.in
Official No.
+91-6269633044, 07272359522
AGREEMENT
COMPANY NAME: YDA GROUP INDIA
This agreement
signed on 20.03.2022 and is for
PARTNER
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Partner Name |
ID Number |
Aadhar Number |
PAN Number |
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#DSA-258__ |
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The consideration
price (non-refundable) and the above agreement will be valid on full and final
payment received
This Agreement comes into force on
the date of signing, and the tenure will be as licence validity (Renewal) from
the signing date. This agreement may be extended on the agreement of both
parties unless earlier terminated.
BETWEEN
YDA GROUP INDIA
(from this point will be known as SVM
MicroFinance
, a private limited company
incorporated under the company’s act 2013, and having its corporate office at H H.NO - 167, Yda Group India, Ground floor,
Chandrawati ganj, Sanwer,Indore, Madhya
Pradesh, 453551 IN hereinafter referred to as the “Franchiser” which expression shall
unless repugnant to the context or meaning thereof include its successors and assigns
of ONE PART
And
“_______________________”
is a proprietor and having his/her
office at
“_____________________________________________________________________________________________________________________________________________________________________________________India
and residence address at
“____________________________________________________________________________________________________________________________________________________________________________________
India
from now on referred to as the “Partner” and “BCP” which expression unless repugnant to the
context or meaning thereof be deemed to include, legal representative,
executors, administrators, successors and permitted assigns of the other PART,
each a party and collectively referred to as parties.
1. Definitions
As used herein, the following terms
shall have the meanings set forth below:
1.
"Services" : shall mean the
Company's services to be sold by Partner and such services as may be
communicated by the Company in writing to the Partner from time to
2.
"Territory" : shall be allocated
during time of engagement by the Company in writing to the Partner. Any change
in "Territory" shall be communicated by the Company in writing to the
Partner from time to
3.
Partner : will have the title of
"Partner."
2. Appointment
Company hereby appoints Partner as its
non-exclusive selling agent for the services in the
territory, and Partner hereby accepts
such appointment. Partner's sole authority shall be to
solicit customers for the services in
the territory in accordance with the terms of this
agreement. Partner shall not have the authority
to make any commitments whatsoever on
behalf of Company.
3. General Duties
Partner shall use his best efforts to
promote the services and maximize the sale of the services
in the territory. Partner shall also
provide reasonable assistance to Company in promotional
activities in the territory. Partner
will assist the company by taking part in all promotional
events, use the marketing inputs
judiciously for maximizing orders for the company.
4. Reserved Rights
Company reserves the right to
solicit/engage other Agents, Partners directly from businesses
within the territory. Partner's task is
to solicit customers from all potential businesses in the
territory.
5. Conflict of Interest
Partner warrants to Company that it
does not currently represent or promote any Services that
compete with the Company's Services.
During the term of this Agreement, Partner shall not
represent, promote or otherwise try to
sell within the Territory any Services that, in Company's
judgment, compete with the Services
covered by this Agreement.
6. Independent Contractor
Partner is an independent contractor,
and nothing contained in this Agreement shall be
construed to
(i) give either party the power to direct
and control the day-to-day activities of the other, (ii)
constitute the parties as partners,
joint ventures, co-owners or otherwise, or (iii) allow Partner
to create or assume any obligation on
behalf of Company for any purpose whatsoever. Partner
is not an employee of Company and is
not entitled to any employee benefits. Partner shall be
responsible for paying all income taxes
and other taxes charged to Partner on amounts earned
hereunder. All financial and other
obligations associated with Partner's business are the sole
responsibility of Partner.
7. Indemnification by Partner
Partner shall indemnify and hold
Company free and harmless from any and all claims, damages
or lawsuits (including reasonable
attorney's fees) arising out of negligence or malfeasant acts
of Partner or misrepresentation or
breach of any obligations under this agreement.
8. Commission
A.
Sole Compensation
The Company shall pay the Partner a
commission at such rate as may be communicated by the
Company in writing to the Partner, for
whole or part of the services hereto, based on the
Maximum Retailing Price of the
product as fixed by the company on every new order. This
commission will be subjected to the
relevant taxes as applicable. The Company reserves its
right to revise the rate of
commission from time to time and the same shall be intimated to the
Partner in writing by the Company.
(Through any mode verbal or written)
B.
Basis of Commission
The Commission shall apply to all
sales orders from customers solicited by Partner. (Customers
defined as an individual or a
company who have bought the product/services from the Partner
for their own use.) No commissions
shall be paid on (i) orders solicited directly by Company
within the Territory; (ii) orders
received from outside the Territory unless otherwise agreed in
writing by Company. (iii) No
commission will be paid to the Partner until 100% payment
pertaining to the order is received.
The company reserves the right to change the commission /
prices on products as and when
required.
C.Time
of Payment
The commission on all
PAID ORDERS
shall be due and payable
within ten (10) working
days
after the Partner raises invoice.
D.
Monthly Statements
The Partner shall submit to the
company the monthly statements of commissions due and
payable to Partner under the terms
of this Agreement.
9. Sale of the Services
A.
Prices and Terms of Sale
Company shall provide Partner with
copies of its current market price and this is subject to
change and the sole discretion of
the same lies with the company, its payment schedules (may
very month to month), and all Rules
and Regulations and other material available for sales
presentation and customer's
information. Partner shall quote to Customers only those
authorized prices, payment
schedules, and terms and conditions as informed by Company. The
services will be activated only
after receipt of 100% payment pertaining to the order. The
company will not refund any money in
part or in full after payment on order is once received.
B.
Acceptance
All requests for service obtained by
Partner shall be subject to acceptance by Company and all
quotations by Partners shall contain
a statement to that effect. Partners shall have no authority
to make any acceptance or
commitments to customers. Company specifically reserves the right
to reject any request for service or
any part thereof for any reason, Company shall inform
Partner of any written acceptances
on commissionable applications/orders.
C.Collection
Full responsibility for collection
of payment from customers rests with Partner. (If found guilty
or at any time it came to notice
that documents are uploaded at the time of lead or at any time
in between the process were
manipulated or are not OSV verified.)
D:
Documentation
All documents after disbursal and
before disbursal of loan id lie to the PARTNER Agent and his
responsibility is to complete the
papers demanded by bank or NBFC or any other institution at
the time of filing the application
or after sanction or after disbursal or at the time of pay-out.
E:
Verification:
The file/lead which is generated by
the PARTNER should be genuine and must be best to the
knowledge of PARTNER and all
documents like KYC should be originally seen and verified.
F:
Whistle Blower:
If at any time during the file/lead
login or in process he came to know the intention of customer
which is doubtful in any respect he
must blow the whistle to company and must inform in
written to the company.
10. Additional Responsibilities of Partner
A.
Expense of Doing Business
Partner shall bear the cost and
expense of conducting its business in accordance with the
terms of this Agreement. This would
include salaries for the staff of the Partner who are
engaged in the business of selling
the products of the Company, expenses related to
communications, telecommunication,
mailing, conveyance and business entertainment if
required. The company will not
entertain any reimbursement on any expense made by the
Partner other than the commissions.
B.
Promotion of the Products
Partner shall make efforts to
promote the sale of and stimulate demand for the Services within
the Territory by direct
solicitation. In no event shall Partner make any representation,
guarantee or warranty concerning the
Services except as expressly authorized by Company.
The Company will take care of all
online promotions on their website and ensure lead
generations. Use of company logo,
product logo, any advertising / promotion / marketing
activity conceived originally by the
Partner should be first approved in writing by [Company
Name] before being implemented.
C.Agents
& Customer Service
Partner shall inform and assist
customers on Company's Services, and shall perform such
additional customer services by
e-mail, phone and fax, whenever needed, as good salesmanship
requires and as Company may
reasonably request.
D.
Books and Records
Partner shall notify Company of any
Customer's complaints regarding either the Services or
Company and immediately forward to
Company the information regarding those complaints.
E.
Documents Orignal Seen and Verified
Partner shall and will perform
duties while seeing all the documents of the customer and must
believe to his knowledge that all
documents presented by the customer are showing the true
and fair view. Partner shall
originally see and verify all documents presented by the customer,
if at any point the partner or BCP
came to know that documents are manipulated then he/she
must inform to the company in
written format and should take necessary actions to stop the
lead. The Orignal seen and Verified
(OSV) duty is of the partner and BCP and should be
performed for the good cause and
within the business ethics.
11. Additional Obligations of Company
A.
Assistance in Promotion
Company shall, at its own expense,
promptly provide Partner with marketing and technical
information, training concerning the
Services, brochures, instructional material, advertising
literature, and other product data.
The portal for file login will be
provided by the company and all training part will be take care
by the company.
B.
Assistance in Technical Problems
Company shall, at its own expense,
assist Partner and customers of the Services in all ways
deemed reasonable by Company in the
solution of any problems relating to the Services.
C.New Developments
Company shall inform Partner of new
Products or Services that are competitive with
Company's Products Services and
other market information and competitive information as
discovered from time to time.
12. Trademarks and Tradenames
A. Use.
During the term of this Agreement,
Partner shall have the right to indicate to the public that it
is an authorized Partner of
Company's Services. Nothing herein shall grant Partner any right,
title, or interest in Company's
Trademarks. At no time during or after the term of this
Agreement shall Partner challenge or
assist others to challenge Company's Trademarks or the
registration thereof or attempt to
register any trademarks, marks or trade names confusingly
similar to those of Company.
13. Non-Compete
For a period of refer page 1 Table
after the Partner is no longer in agreement with the
Company, the Partner will not,
directly or indirectly, either as proprietor, stockholder, partner,
officer, employee or otherwise,
distribute, sell, offer to sell, or solicit any orders for the
purchase or distribution of any
products or services which are similar to those distributed, sold
or provided by the Company.
14. Term and Termination
A.
Term
This Agreement shall commence on the
date first written above.
B.
Termination.
Either party to this agreement shall
have the right to terminate this agreement with or without
cause with a thirty (30) days
written notice to the other party.
C.Return
of Materials.
All of Company's trademarks, trade
names, data, photographs, literature, and sales aids,
customer related database of every
kind shall remain the property of Company. Within five (5)
days after the termination of this
Agreement, Partner shall return all such items to company.
Partner shall not make or retain any
copies of any confidential items or information that may
have been entrusted to it. Effective
upon the termination of this Agreement, Partner shall
cease to use all trademarks, marks
and trade name of Company.
D.
This agreement
will be reviewed by the company
after a period of
12 months* (as per
company BOD).
Any Partner not performing to the
full satisfaction of the company in terms of
securing new orders and company's
policies is liable to be
Hoogmatic Advisory Private Limited
reserved to right to change any of the terms and condition
without any prior notice.
15. Limitation on Liability
E.
In the event of termination by
either party in accordance with any of the provisions of this
Agreement, neither party shall be
liable to the other, because of the termination for
compensation, reimbursement or
damages on account of the loss of prospective profits or
anticipated sales or on account of
expenditures or commitments in connection with the
business or goodwill of Company or
Partner.
16. Confidentiality
Partner acknowledges that by reason
of its relationship to Company hereunder it will have
access to certain information and
materials concerning Company's business plans, customers,
technology, and products/services
that is confidential and of substantial value to Company,
which value would be impaired if
such information were disclosed to third parties. Partner
agrees that it
shall not use in any way for its own account or the account of any third party,
nor
disclose to any third party, any
such confidential information revealed to it by the Company.
Company shall advise Partner whether
or not it considers any particular information or
materials to be confidential.
Partner shall not publish any description of the Products/Services
beyond the description published by
Company and without the prior written consent of the
Company. In the event of termination
of this Agreement, there shall be no use or disclosure by
Partner of any confidential
information of Company.
17. Governing Law and Jurisdiction
This Agreement will be governed by
and construed in accordance with the laws of Republic of
India. Each Party irrevocably and
unconditionally submits to the exclusive jurisdiction of the
[High Court].
18. Entire Agreement
This Agreement sets forth the entire
agreement and understanding of the parties relating to
the subject matter herein and
supersedes any prior discussions or agreements between them.
No modification of or amendment to
neither this Agreement, nor any waiver of any rights
under this Agreement to be done
unilaterally and it shall be effective unless in writing signed
by the party to be charged.
19. Notices
Any notices required or permitted by
this Agreement shall be deemed given if sent by certified
mail, postage prepaid, return
receipt requested or by recognized overnight delivery service:
If to Company:
20. Non-Assignability and Binding Effect
A mutually agreed consideration for
Company's entering into this Agreement is the reputation,
business standing, and goodwill
already honoured and enjoyed by Company under its present
ownership, and, accordingly, Partner
agrees that its rights and obligations under this
Agreement may not be transferred or
assigned directly or indirectly. Subject to the foregoing,
this Agreement shall be binding upon
and insure to the benefit of the parties hereto, their
successors and assigns.
21. Severability
If any provision of this Agreement
is held to be invalid by a court of competent jurisdiction,
then the remaining provisions shall
nevertheless remain in full force and effect.
22: Applicable Law
This agreement is governed by and
constructed in accordance with the laws of India.
23:BCP terms and Conditions
This point will be only applicable
to BCP Channel and the BCP agreement is signed seperately
otherwise it will be null and void.
BCP stands for Business Channel
1.
If you are BCP, the commission will
be paid by Loan Lenders as per the chart applicable
2.
at the time of sale of a particular
PARTNER by
Loan Lenders will allot the portal
for tracking you your sales and orders deducted by
3.
another PARTNER.
In case of any addition of channel
partner made by you will be informed to Loan Lenders
4.
and all payments will be made by
another channel partner in Loan Lenders Advisory
Private Limited bank account and
after that Loan Lenders will allot other Partner portal
and sign the agreement with him/her.
Loan Lenders Team will provide you
leads by the mode which is applicable at that time,
5.
any commitment or offer given for
the sale will be first approved by Loan Lenders staff in
written
Any commission will be transferred
to your bank account (if any) on or before 7th of the
6.
following month.
24: Dispute Resolution and Jurisdiction
Any dispute, controversy or claims
arising out of or relating to this Agreement or the
1.
breach, termination or invalidity
thereof, shall be settled by arbitration in accordance
with the provisions of the [Indian]
Arbitration and Conciliation Act,
The arbitral tribunal shall be
composed of three arbitrators, one arbitrator appointed by
2.
Loan Lenders a second arbitrator
appointed by “Franchisee” and a third arbitrator to be
appointed by such arbitrators. This
Agreement has been executed on the date set forth
herein in two (2) copies of which
the Parties have taken one
The place of arbitration shall be at
Delhi for any award whether interim or
3.
The arbitral procedure shall be
conducted in the English language, and any award or
4.
awards shall be rendered in English.
The procedural law of the arbitration shall be
Indian
The award of the arbitral tribunal
shall be final, conclusive and binding upon the Parties,
5.
and the provisions of the [Indian]
Arbitration and Conciliation Act, 1996 shall
The rights and obligations of the
Parties under, or under, this Clause, including the
6.
arbitration agreement in this
Clause, shall be governed by and be subject to Indian law,
and the agreement shall be subject
to the exclusive jurisdiction of the courts at
This Agreement has been executed on
the date set forth herein in two (2) copies of
which the Parties have taken one
each.
Note: this agreement is digitally
signed via Website.
For YDA GROUP INDIA
For
This Agreement has been signed
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