AGREEMENT
This Agreement is executed at Mumbai on 10th October 2020 date, by and between
Al-Gyas Exports Pvt Ltd
Full address: Unit No. 301, 302, 303, 304 & 305, 3rd Floor,
Ashok Chambers, Pandit Madan Mohan Mavliya Road,Tardeo, Mumbai – 400 034, India a
company incorporated under the Companies Act, 1956 and having its registered office unless
repugnant to the subject or context thereof, mean & include its successors & assigns) of the First
Part;
And
Mangalam Placement Pvt Ltd , a company having its office at 201-206, Shiv Smriti Chambers, 2nd
Floor, 49A, Dr. Annie Besant Road,Above Corporation Bank, Worli, Mumbai - 400018 (hereinafter
referred to as “Service Provider” which term shall, unless repugnant to the subject or context
thereof mean and include its successors and permitted assigns) of the Other Part
Whereas:
A. Service Provider has represented to MPPL that it is engaged, inter alia, in the business of
providing recruitment services
B. Al-Gyas Exports Pvt Ltd is desirous of availing the services of the Service Provider as per
the details contained herein, and the parties hereto have agreed to the following terms
and conditions for services of the Service Provider
NOW THIS AGREEMENT WITNESSETH AND IT IS AGREED TO BY AND BETWEEN THE PARTIES
HERETO AS UNDER:
1. SERVICES
1.1. The Service Provider shall provide to Al-Gyas Exports Pvt Ltd the services
specifically set forth in Schedule I to this Agreement (hereinafter referred to as the
“Services”).
1.2. The Parties agree that in the event a potential candidate is recruited by MPPL jobs
for any position other than which he was originally intended for, within 6 months
of the Service Provider providing his details to Al-Gyas Exports Pvt Ltd then the
terms of this agreement shall apply as if the potential candidate was intended for
the position that he was actually been recruited for.
2. TERM
2.1. This Agreement shall commence on October 10 , 2020 (“Effective Date”) and
subject to the provisions in this Agreement for its earlier/automatic termination,
shall continue in effect for a period of two years from Effective Date (“Term”).
2.2. After expiration of the Term, in the event of this Agreement is not extended by
written agreement of the parties and is not otherwise terminated as provided
herein, this Agreement shall without any further act required of either party, stand
automatically terminated upon the expiry of Term.
2.3. This Agreement may be earlier terminated during the Term pursuant to Clause 6
of this Agreement.
3. PAYMENT TERMS
3.1. Al-Gyas Exports Pvt Ltd agrees to pay the Service Provider in respect of the
Services provided hereunder, the fee (“Fee”) at the rates set forth in Schedule II
hereto. The Fee shall be payable to the Service Provider as compensation and as
consideration for its Services under this Agreement.
3.2. The rates and the Fee for the Services shall not be subject to change during the
Term of this Agreement and any continuation of this Agreement as contemplated
under Clause 2.2 of this Agreement unless there is express and specific indication
to the contrary.
3.3. The Service Provider shall submit invoices for the Fee payable and payment shall
be made with 45 days from the receipt of the invoice by MPPL jobs There will be
no late payment service charge of any kind.
4. REPRESENTATIONS AND WARRANTIES
4.1. Each of the Party hereby represents and warrants to the other Party that:
4.1.1. Such Party has the necessary power, authority and the legal right to enter
into the Agreement and have taken all actions required for the validity,
enforceability and performance of their respective obligations / duties in
terms hereof;
4.1.2. The Agreement constitutes the legal valid and binding obligations of each
of the Party enforceable against such Party in accordance with applicable
law;
4.1.3. The entry into and performance by such Party of its obligations / duties
under the Agreement and any other document related hereto does not
and will not violate, in any respect any law or any document to which such
Party is a party.
5. CONFIDENTIAL INFORMATION
5.1. Parties acknowledge that certain information provided by a Party to the other
Party in connection with the Services and/or the Agreement may be confidential
information (“Confidential Information”). Parties agrees that during the Term of
the Agreement and thereafter for a period of one year, Parties shall: (a) use all
reasonable care and precautions to prevent other parties from gaining access to
the Confidential Information; and (b) ensure that all its respective employees,
officers and representatives maintain the Confidential Information in strictest
confidence and in accordance with the confidentiality obligations hereunder.
6. TERMINATION
6.1. The Agreement may be terminated prior to the expiry of the Term, (a) By mutual
agreement between the Parties; or (b) by any Party, without cause, by giving not
less than 30 (thirty) days’ notice to the other Party in that regard.
7. GOVERNING LAW AND SETTLEMENT OF DISPUTES
7.1. This Agreement shall be governed by, and construed in accordance with, the laws
of India. The courts in Mumbai shall have exclusive jurisdiction to settle all disputes
arising out of or in connection with this Agreement.
8. MISCELLANEOUS
8.1. Each notice or other communication given or made under the Agreement shall be
in writing and (a) delivered or sent to the relevant Party by hand or by registered
post or by a reputable courier to the relevant address at the address or fax number
set out in below.
Any notice, demand or other communication so addressed to the relevant Party
shall be deemed to have been delivered (a) if hand delivered, when delivered; (b)
if sent by registered post with acknowledgement due or by a reputable courier, on
the third (3rd) business day from the date of posting; and (b) if given or made by
fax, upon dispatch and the receipt of a transmission report confirming dispatch.
The addresses and fax numbers of the Parties for the purpose of the Agreement
are
Mr. Naeem Motorwala
Full name of company: Al-Gyas Exports Pvt Ltd
Full address: Unit No. 301, 302, 303, 304 & 305, 3rd Floor,
Ashok Chambers, Pandit Madan Mohan Mavliya Road,Tardeo, Mumbai – 400 034, India
GST number: 27AACCA4077G1ZR
CIN number:U51900MH1999PTC120109
Mangalam Placement Pvt Ltd
201-206, Shiv Smriti Chambers,
2nd Floor, 49A, Dr. Annie Besant Road,
Above Corporation Bank,
Worli, Mumbai – 400018
Phone:: +91 (22) 6611 9696
8.2. This Agreement or any amendments thereto constitute the understanding and/or
agreement between the Parties (up to the date of this Agreement) with respect to
the subject matter of the Agreement and supersedes any prior or
contemporaneous written, oral or implied agreements between the
Parties in this regard.
8.3. Any variation of the terms of the Agreement shall be valid only if it is in writing and
signed by both the Parties.
8.4. No waiver of any provision of the Agreement shall be effective unless set forth in
a written instrument signed by the Party waiving such provision. No failure or delay
by a Party in exercising any right, power or remedy under the Agreement shall
operate as a waiver thereof, nor shall any single or partial exercise of the same
preclude any further exercise thereof or the exercise of any other right, power or
remedy. Without limiting the foregoing, no waiver by a Party of any breach by any
other Party of any provision hereof shall be deemed to be a waiver of any prior,
concurrent or subsequent breach of that or any other provision hereof.
8.5. The Parties acknowledge that they are independent contractors. Neither Party
shall be deemed to be an employee, agent, partner, or legal representative of the
other for any purpose and neither shall have any right, power or authority to
create any obligation or responsibility on behalf of the other.
8.6. If any provision of the Agreement is held to be invalid or unenforceable for any
reason, the remaining provisions will continue in full force without being impaired
or invalidated in any way.
8.7. Service Provider shall not assign or transfer or purport to assign or transfer a right
or obligation under the Agreement without the prior written consent of MPPL jobs
8.8. The Agreement may be executed in any number of counterparts and by the Parties
to it on separate counterparts, each of which shall be an original but all of which
together shall constitute one and the same instrument.
SCHEDULE I
Scope of Services
The search process is a combination of intangibles such as sensitivity, creativity and intuition and a
thorough process-based approach
Search would be conducted in five phases:
Planning:
• Define business need and search context
• Role and candidate profile description
• Search plan
Identification & Assessment
• Direct targeted search
• Sourcing for recommendations and referrals
• Database search
• Internet and other candidate sources
• Integration of internal candidates if any
• Preparation of a long list
• Telephone interviews
• Consultant interviews
• Regular progress reports
Shortlist:
• Shortlist of candidates typically 3-5
• Arranging interviews between the client and candidates
• Informal references
Executive Selection:
• Arrange interview of final candidates
• Advice on offer negotiation
• Formal reference check
Follow up:
• Maintain regular contact with the candidate until the starting date
• Follow up consultation with the client and candidate, typically after 3-4 months
• Continuing obligations
SCHEDULE II
Fee
A. Al-Gyas Exports Pvt Ltd shall pay to the Service Provider Fee as per the following rates:
Level Description of the Levels Fees (% of Gross
Annual Salary)**
As per levels
All @ 8.33% Plus tax
** Taxes shall be applicable as per government regulation.
▪ The “Gross Annual Salary” includes all the components of the fixed annual
compensation
B. Replacement Guarantee: In the event of any candidate recruited by MPPL jobs leaves the
services within 90 days from the date of joining, The replacement candidate shall be made
available by the Service Provider within one month from the date of candidate separating from
services
IN WITNESS WHEREOF, the Parties herein have executed this Agreement to become effective as of
the Effective Date above mentioned.
For XXXX------------
.....................................................
Mr. Naeem Motorwala
Full name of company: Al-Gyas Exports Pvt Ltd
Full address: Unit No. 301, 302, 303, 304 & 305, 3rd Floor,
Ashok Chambers, Pandit Madan Mohan Mavliya
Road,Tardeo, Mumbai – 400 034, India
GST number: 27AACCA4077G1ZR
CIN number:U51900MH1999PTC120109
In the presence of _________________________
For Mangalam Placement Pvt Ltd
....................................................
Name : Pratima Sanghavi
Designation : Director
Place : Mumbai
In the presence of _______________________
