I AGREE THIS Standard Services Agreement
THIS AGREEMENT is made
the Buyer; and
EH Value Technology, [the Service Provider],
collectively referred to as the "Parties".
The Buyer wishes to be provided with the Services (defined below) by the Service Provider and the Service Provider agrees to provide the Services to the Buyer on the terms and conditions of this Agreement.
The Service Provider shall provide the following services ("Services") to the Buyer in accordance with the terms and conditions of this Agreement:
- Shall provide online platform to reserve time-slot (timeslot constitute a set of date/s and time)
- Shall provide nearby Registered Commercial Computer Center meant for using time-slot; alternatively the Buyer can use its own Computer.
- Shall provide facility of Copyright “Examination Management System” during the reserved time-slot.
- Shall provide “result only” in standard prescribed format.
- Delivery of the Services
- Start date: The Service Provider shall commence the provision of the Services on first day of time-slot.
- Completion date: The Service Provider shall cease to provide the Services by last day of time-slot ("Completion Date").
- Key Dates: The Service Provider agrees to provide parts of the Services at the specific dates set out in time-slot
- Site The Service Provider shall provide the Services at the pre determined site(s): nearby Registered Commercial Computer Center meant for using time-slot; alternatively the Buyer can use its own Computer
- Price As consideration for the provision of the Services by the Service Provider, the price for the provision of the Services is INR Hundred, (subject to price change without further notice). The Buyer shall not pay for the Service Provider’s out-of-pocket expenses [comprising any additional expenses at nearby Registered Commercial Computer Center ]).
- The Buyer agrees to pay the Price to the Service Provider at the time of booking time-slot.
- The method of payment of the Price by the Buyer to the Service Provider shall be by:
- Wire transfer to the prescribed bank account/s.
- Cash on counter at Registered Commercial Computer Center
- Any charges payable under this Agreement are exclusive of any applicable taxes, tariff surcharges or other like amounts assessed by any governmental entity arising as a result of the provision of the Services by the Service Provider to the Buyer under this Agreement and such shall be payable by the Buyer to the Service Provider in addition to all other charges payable hereunder.
- Intellectual Property Rights
The Service Provider agrees to grant to the Buyer a non-exclusive, irrevocable, royalty free licence to use, copy and modify any elements of the Material not specifically created for the Buyer as part of the Services. In respect of the Material specifically created for the Buyer as part of the Services, the Service Provider assigns the full title guarantee to the Buyer and any all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. If any third party intellectual property rights are used in the Material the Service Provider shall ensure that it has secured all necessary consents and approvals to use such third party intellectual property rights for the Service Provider and the Buyer. For the purposes of this Clause 2.1, "Material" shall mean the materials, in whatever form, used by the Service Provider to provide the Services and the products, systems, programs or processes, in whatever form, produced by the Service Provider pursuant to this Agreement.
- 2.2 Warranty
The Service Provider represents and warrants that:
- it will perform the Services with reasonable care and skill; and
- the Services and the Materials provided by the Service Provider to the Buyer under this Agreement will not infringe or violate any intellectual property rights or other right of any third party.
- Limitation of liability
Subject to the Buyer’s obligation to pay the Price to the Service Provider, either party’s liability in contract, tort or otherwise (including negligence) arising directly out of or in connection with this Agreement or the performance or observance of its obligations under this Agreement and every applicable part of it shall be limited in aggregate to the Price.
To the extent it is lawful to exclude the following heads of loss and subject to the Buyer’s obligation to pay the Price, in no event shall either party be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever.
Nothing in this Clause 2.3 will serve to limit or exclude either Party’s liability for death or personal injury arising from its own negligence.
- Term and Termination
This Agreement shall be effective on the date hereof and shall continue and cannot be terminated by the Buyer In case of agreement terminated by the Service Provider rest of amount arises out of the agreement shall be refunded after deduction of applicable taxes in such a manner to the beneficiaries’ account mandated by the buyer at the time of booking time-slot
Relationship of the Parties
The Parties acknowledge and agree that the Services performed by the Service Provider, its employees, agents or sub-contractors shall be as an independent contractor and that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the parties.
Neither Party will use, copy, adapt, alter or part with possession of any information of the other which is disclosed or otherwise comes into its possession under or in relation to this Agreement and which is of a confidential nature. This obligation will not apply to information which the recipient can prove was in its possession at the date it was received or obtained or which the recipient obtains from some other person with good legal title to it or which is in or comes into the public domain otherwise than through the default or negligence of the recipient or which is independently developed by or for the recipient.
- Intellectual Property Rights