A customer is of the opinion that the Rupaid has the necessary qualifications, experience and abilities to provide service to the customer.
• Rupaid is agreeable to providing such service to the customer o the Terms and Conditions set outs in this agreement.
IN CONSIDARTION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledge, the Customer and the Rupaid (individually the “party” and collectively the “Parties” to this Agreement) agree as follows:
1 . The customer hereby agrees to engage the Rupaid to provide the Customer with the following services ( the “services”)
• Maintaining the M Hourz Account for their business
• Securely storing all the Information and records on MechaTron TechGear Pvt. Ltd server .
• Allowing Business to accept their Bill Payment in various cashless payment modes available on Rupaid .
• Monthly Maintenance of the service, based on various parameters like Cloud Storage, Data security, SMS Services, Mail Services, Various Types of Digital Services as well as customer support service .
2 . The service will also include any other task which the parties may agree on. The Rupaid hereby agrees to provide such service to the Customer .
Term of Agreement
• The term of the Agreement (the “Term”) will begin on the date of this agreement and will remain in full force and effect indefinitely until terminated as provided this Agreement .
• In the event that either Party wishes to terminate this Agreement, that Party will be required to inform to Info@mechatrontechgear.com , firstname.lastname@example.org , or call us on our Customer Care Facility Number 7020979072.
• In the event that either Party breaches a material provision under this Agreement, the non-defaulting party may terminate this Agreement immediately and required the defaulting Party to indemnify the non-defaulting party against all reasons .
• This Agreement may be terminated at any time by mutual agreement of the Parties .
• Except as otherwise provided in this Agreement, the obligation of the Rupaid will end upon the termination of this Agreement .
• The parties agree to do everything necessary to ensure that the terms of this Agreement take effects.
• Expect as otherwise provided in this Agreement, all monetary amounts referred in this Agreements are in Indian Rupees.
• The Rupaid will change The Customer a Flat Fee based on the type the service .
• The Rupaid will charge The Customer a Fee base on type of service per annum for the service maintenance charges .
• The Customer will be invoiced when the service are complete .
• Invoice submitted by the Rupaid to the Customer are due within 30 days of receipt .
• In the event that this Agreement is terminated by the Customer prior to completion of the service but where the services have been partially performed, the Rupaid will be entitled to pro rata payment of the Compensation to the date of termination provided that there has been no breach of contract on the part of the Rupaid
• The Compensation as stated in this Agreement does not include GST, or other applicable duties as may be required by law. Any GST and duties required by law will be charged to the Customer in addition to the Compensation .
Reimbursement of Expenses
• Rupaid will be reimbursed from time to time for reasonable and necessary expenses incurred by the Rupaid in connection with providing the services.
• All the expenses must be pre-approved by the Customer.
• Confidential information refers to any data or information relating to the business of the Customer which would reasonably by considered to be proprietary to the Customer including, but not limited to, accounting records, business processes, and customer record and that is not generally known in the industry of the client and where the release of that Confidential Information could reasonably be expected to cause harm to the customer .
• Rupaid agrees that they will not disclose, divulge, reveal, report, or use, for any purpose, any confidential information which the Rupaid has obtained, except as authorized by Customer or as required by law. The obligation of confidential will apply during the term of this agreement and will survive indefinitely upon termination of this Agreement .
• All written and oral information and material disclosed or provided by the Customer under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this agreement or how it was provided to the Rupaid.
Ownership Of intellectual Property
• All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress industrial design and trade name (the “Intellectual Property”) that is developed or produce under this Agreement, is a “work made for hire” and will be the sole property of the Customer. The use of the intellectual Property by the Customer will not be restricted in any manner .
• The Contractor may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the customer. The Rupaid will be responsible for any all damages resulting from the unauthorized use of the Intellectual Property .
Returns of property
• Uponthe expiry or termination of this Agreement it is expressly agreed that the contractor is acting as an independent contractor and not as an employee. Rupaid and the Customer acknowledge that this agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. The customer is not required to pay or make any contribution to, any social security, local, state or federal tax unemployment compensation, workers compensation, insurance premium, profit-sharing, person or any other employee benefit for the Rupaid during the Term. Rupaid is responsible for paying, and complying with the reporting requirements for all local, state and federal taxes related to payments made to the Rupaid under this Agreement .
• Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each party agrees to indemnify and hold harmless the other party, and its respective affiliates, officers, agents, employees, and permitted and assigns any and all claims looses, damages, liabilities, penalties, punitive damages, expenses reasonable legal fees and costs of any kind or amount what so ever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this agreement. This indemnification will survive the termination of this Agreement.
Modification of Agreement
• Any amendment or modification of this Agreement obligation or additional assumed by either party in connection with this Agreement will only be binding if evidenced in writing signed by each party or an authorized representative of each Party.
Time of the Essence
• Time of the essence in this Agreement. No extension or variation of this Agreement will operate as a Waiver of this provision.
• Rupaid will not voluntarily, or by operation of law, assign or otherwise transfer its obligationunder this Agreement without the prior written consent of the customer.
• It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
• This Agreement will ensure to the benefit of and be binding on the parties and their respective heirs, executors, administrators and permitted successors and assigns.
• This Agreement will be governed by and construed in accordance with laws of India
• In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will never the less continue to be valid and enforceable with the invalid or enforceable parts served from the remainder of this Agreement.
• The waiver by either Party of breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent of the same or other provisions.