SERVICE AGREEMENT
This Services Agreement (The Retailer) is made on this
02/05/2025 (Effective Date).
BY A N D B ET WEEN
Ye s S o l u t i o n s C e n t r e , a company incorporated under the
laws of India, having its registered office at 12 Sindhi colony road front
of CMHO Office Raja park near Pink Square mall jaipur, Raj. 302004 (herein
after referred to as the " SERVICE PROVIDER" which expression
shall unless excluded by or repugnant to the subject or context be
deemed to include its successors -in- interests and permitted
assigns) of the O N E PART.
AN D
Anil Kumar Naik ,Son O F _ Parameswar Naik T
Address :- Chilida Turumunga Keonjhar Odisha - 758046
(hereinafter referred to as the CLIENT which expression shall unless
excluded by or repugnant to the subject or context be deemed to
include its legal heirs, administrators and permitted assigns) of the
OTHER PART.
(The Service Provider and the client shall hereinafter individually
referred to as PARTY and collectively as PARTIES)
WHEREAS
A. The Service Provider is in the business of providing the Services
(as defined hereunder) and has the skills, qualification and expertise
required to perform the Services.
B. The Client desires to engage the Service Provider to provide the
Services and the Service Provider has agreed to do the same.
C.Pursuant to the above, the Parties seek to enter into this agreement
to confirm and record the terms and conditions on which the Service
Provider shall provide the services to the Client and other agreements
in connection therewith.
1.DEFINITION A N D I N T E R P R E TAT I O N
"Applicable law" shall include all applicable (i) statutes, enactments,
acts of legislature or parliament, laws, ordinances, rules, bye-laws,
regulations, listing agreements, notifications, guidelines or policies of
any jurisdiction ;and (ii) judicial quasi judicial and/or administrative
decisions, interpretations, directions, directives, licenses, permits,
judgments, writs, injunctions, arbitral awards, decrees, orders, terms
and conditions of governmental or regulatory approvals or agreements
with any governmental or regulatory authority ;
(b)" APPROVALS", shall mean sanctions, permissions, consents,
validations, confirmations, licenses and other authorisations obtained
and/or required to be obtained from any govt body.
(c)Govt Body means any government authority, statutory authority,
government department, agency, commission, board, tribunal or court
or other law, rule or regulation making entity having or purporting
tohave jurisdiction on behalf of India or any state or other subdivision
thereof or any municipality, district or other subdivision thereof.
(d)" GST" means Goods and Services Tax under the Goods and Services
Tax Act, 2017.
(e) "Services" mean the services provided as follows.
The C R M owned by C S P D i g i t a l S o l u t i o n s where the customers
can use the financial and govt related services listed in the C R M
and banking related products and services. The customer shows an
interest towards the online ads and promotions on Google and
Facebook run by the Service Provider. The customer verifies all the
details with the discussion to the representative of CSP D IGITAL
SOLU TIONS and then decides to join as a Retailer, Distributor or
Master Distributor. The customer pays the license fees for
particular group with the complete interest of his/her.
The company. Ye s S o l u t i o n s C e n t r e provides the C R M after the
successful completion of the customers documents and provided
License after the customer's successful payment for the License Fees.
The customer gets the training on the C R M with the help of the
online tutorials and pdf sent to their registered email address. In case
the customer needs any help to understand it in more efficient way, the
customers can reach out to the customer care on 79760-50582
beetween 0900-2000 hrs from Monday to Saturday during the business
hours.
The customer is also guided to recharge the Offline Services Wallet
which the customers can use the services to be provided to the
customers. The different service recharge wallets and explained to
the customers by the representative of C S P D I G I TA L S O L U T I O N S .
NOTE :
(i) If the customer denies for the Wallet Recharge, and doesn't want to
continue the services of C S P D I G I TA L S O L U T I O N S , they cannot take
a claim of the License Fees paid once.
(ii) The customer has to apply for the services and in case the services
and not provided on time, they can claim for the refund within 45
Working days after the job not done on time given by the
representative documents through mail. Then the customer can avail
for the complete refund.
(iii) Customer can only apply for the refund within 7 days from the date
of C S P License Issued. Only the available wallet recharge amount will
be refunded, the License fees is non refundable.
( f ) " TE RM " means the period during which the service provider has
provided in terms of the Agreement which sall be the period as
specified in Clause on (Term and Termination) of this Agreement.
(g) Interpretation
(I) The headings in this Agreement are inserted for convenience only
and shall be ignored in constructing this Agreement.
(II) Unless the context otherwise requires,in this Agreement:
(III) words using the singular or plural number also include the plural
or singular number,respectively;
(IV) words denoting any gender shall include all genders;
(V) the words "written" and "in writing"include any means of visible
reproduction;
(VI)the terms "hereof","herein" and similar words refer to this
subdivision of this Agreement;
(VII)the words "include" or "including" shall be deemed to be followed
by "without intimation" or "but not limited to" whether or not they are
followed by such phrases or words of like import;
(VIII)references to any "person" include any natural person,corporation,
judicial entity,association,statutory body,partnership,limited liability
company,joint venture,trust,estate,unincorporated organisation or
government,state or any political subdivision,instrumentality,agency or
authority;and
(IX) references to "clause" or any other agreement or document in this
Agreement shall be construed as references to the Clauses of this
Agreement,or such other agreement or document,as may be
amended,modified or supplemented from time to time,and shall include
a reference to any document which amends,modifies or supplements
it,or is entered into,made or given pursuant to or in accordance with its
terms.
2. SERVICES
(a) The Client agrees to avail the Services from the Service Provider and
the Service Provider agrees to provide the Services to the client on the
terms and conditions specified in this Agreement.
(b) The Service Provider shall;
(I)Provide the Services in compliance with this Agreement and
Applicable Laws. If any Approvals are to be obtained for the provision
of Services the same shall be obtained by the Service Provider;
(II)Perform the Services (i) in a professional,diligent and timely
manner; (ii) as per good commercial practices; and (iii) within the
budget specified by the Client;
(III) Retain and utilize a sufficient number of qualified personnel to
perform the Services;
(IV) Ensure that all personnel who are deputed to perform the
Services are appropriately trained and qualified to perform such
Services;and
(V) Devote its time and attention necessary to provide the Services in
accordance with the best of the industry standards and meet any quality
standards as may be specified by the Client.
(c) Unless otherwise authorized in writing,the Services Provider shall not
have any authority pursuant to this Agreement to commit the Client to
any obligation in any manner whatsoever with respect to third parties or
to enter into any contracts on behalf of the Client. The Service Provider
shall not have,nor represent itself as having,any authority under the
terms of this Agreement to make agreements of any kind in the name of
or binding upon the Client.
(d) The Service Provider shall keep the Client promptly informed of all
material matters which come to Service Provider's attention relating to
or affecting the business of the client or any matters concerning the
provision of Services hereunder by the Service Provider.
(e) The Service Provider agrees and acknowledges that:
(f) The Services shall be provided at: . The Service Provider
agrees and acknowledges that the provision of Services hereunder may
require travel to different destinations and the Parties agree that the
cost of travel and accommodation shall be borne by Client.
(g) The total budget for shall be specified by the Client to the Service
Provider in the schedule B attached hereto. Service Provider agrees to
manage the designated budget responsibly and to confer with the Client
in the event that there is any possibility of overruns and prior to such an
rental receipts and an itemized and annotated accounting of all
expenditures. Service Provider agrees that all items purchased with the
Client's funds become the property of the client.
(h) The Service Provider shall work for a minimum of: 5 for
providing Services to the Client during the Term of the Agreement.
(i)The Service Provider shall keep the Client informed regarding the
time spent on provision of Services and in the event,the time spent
exceeds: the fee payable shall only be increased if prior written
approval is obtained from the Client regarding time in excess of:
(j) In the event the S ervice Provider does not spend at least: ,the
fee payable shall be reduced proportionately based on the actual time
spent or otherwise as may be agreed between the Parties.
(k)The Service Provider shall complete the Services on or before
the .In the event of delay in completion of Services by the
Service Provider,the Service Provider shall be liable to pay an amount of
Rs. ( ) per day of delay.
(l) The Service Provider shall complete the Services in accordance with
the following Schedule:
3. R E C O R D S
The Service Provider shall maintain proper and accurate records
relating to the conduct of the Services, if any,under this Agreement
during the term of this Agreement.
4. REPORTS
The Service Provider shall from time to time provide information and
reports in relation to the performance of the Services as may be
requested by the Client.
5. C O N S I D E R AT I O N
(a)In consideration of the Services rendered by the Service Provider,the
Client shall pay to the Service Provider,the following fixed
fees:Rs. ( ).
(b)The fees shall be payable subject to receipt of an invoice from the
Service Provider as per the Schedule attached hereto as Fee Schedule
(attached separately).The Service Provider shall raise invoices on the
Client for all amounts due (in terms of this Agreement) to the Service
Provider from the Client.
(c) The fee to be paid as specified above shall be inclusive of Goods
and Services Tax (GST).
(d)The Service Provider shall be entitled to charge the Client for
expenses incurred during provision of the Services including travelling
and printing provided such expenses are approved in writing by the
Client prior to incurring the same.
(e) The Client shall pay the fee within a period of ( ) days
from receipt of the invoice from the Service Provider.
(f) In the event of delay by the Client in payment of fees to the Service
Provider, the Client shall pay interest at the rate o f _ _ _ _ % per annum
on the unpaid amount from the due date till the date of actual payment.
(g) In the event of delay by the Client in payment of fees to the Service
Provider,the Service Provider shall be entitled to stop the provision of
further Services till such time that the payment of outstanding dues is
made by the Client.
(h) In the event of any service(s) provided that are not included in the
list of services as specified in this Agreement,the Parties shall mutually
agree upon such services,fees and expenses.
(i) All payments to be made by Client to the Service Provider shall be
subject to deduction of applicable taxes. The Client shall issue a
requisite certificate evidencing such tax deduction in accordance with
Applicable Laws.
6. R E P R E S E N TAT I O N S A N D WA R R A N T I E S
(a) Each Party hereby warrants and represents to the other Party that:
(I)It has full power and authority to enter into this Agreement and
perform its obligations hereunder;
(II)This Agreement has been duly executed by it and this Agreement
constitutes its legal,valid and binding obligation enforceable in
accordance with the terms contained herein;
(III)The execution,delivery and the performance by it of this Agreement
does not and will not (i) breach or constitute a default under its
constitutive documents,or (ii) result in a breach of,or constitute a default
under, any agreement to which it is a party or by which it is bound.
(b) The Service Provider hereby represents and warrants to the Client:
(I)It will provide the Services in compliance with the provisions of
this Agreement;
(II)It will act in good faith and use reasonable skill ans care in the
provision of Services under this Agreement;
(III)It will comply with all Applicable Laws in the provision of the
Services;
(IV)It has all requisite corporate and other approvals,licenses and
permits from relevant governmental authorities to provide the Services.
EXC EPT A S S P E C I F I E D A B O V E T H E S E RV I C E P R O V I D E R M A K E S N O
WA R R A N T I E S , E X P R E S S O R I M P L I E D , W I T H R ESPEC T TO T H E
S E RV I C E S A N D HER EB Y D I S C L A I M S A N Y A N D A L L I M P L I E D
WA R R A N T I E S O F M E R C H A N T A B I L I T Y A N D F I T N E S S F O R A
PART IC U LAR PURPOSE.
7 . OB LIGAT ION S AF T HE C L I E N T
(a)During the performance of the Services the Client will co-operate
with the Service Provider as the Service Provider reasonably requires;
(b)The Client shall provide information and documents as the Service
Provider reasonably requires for provision of Services.
8. T E R M A N D T E R M I N AT I O N
(a)This Agreement shall commence on ("Commencement Date")
continue to be in full force and effect till ("Term"), unless
terminated as specified below. This Agreement shall automatically
renew and continue in full force and effect for
successive ( )month periods (each such successive
period,'Renewal Term')unless written notice of termination is given by
either Party not less than ( )days prior to the end of any such
Term.
(b) This Agreement may be terminated as follows:
(I) By either Party upon providing a written notice of ( )
days prior written notice to the other Party: or
(II)By the Client, in the event a material breach of any provision hereof
is committed by the Service Provider,by providing 15(fifteen) days
written notice to the Service Provider with reasons of termination
stated thereunder;or
(III)By the Service Provider, in the event a material breach of any
provision hereof is committed by the Client,by providing 15(fifteen)
days written notice to the Service Provider with reasons of termination
stated thereunder;or
(c) Notwithstanding anything to the contrary,provisions in respect of
Dispute Resolution,Indemnity,Limitation of liability and the other
provisions of this Agreement which are expressly or impliedly intended
to survive the expiration or termination of this Agreement,shall survive
the expiration of the Term or any termination of this Agreement.
9. O W N E R S H I P O F INTELLECTUAL PROPERTY
(a) Client shall retain all right,title and interest in and to Client's
intellectual property and no right,title or interest therein is transferred
or granted to Service Provider under this Agreement except for use in
performing Services hereunder and for no other purpose. Service
Provider shall retain all right,title and interest in and to its own
technology and information and, except as expressly set forth in this
Agreement,no right,title or interest therein is transferred or granted to
Client under this Agreement.
(b) In connection with the provision of the Services, the Service
Provider may generate,create,write or produce literary works or other
works of authorship including, but not limited to, manuals, training
materials,and documentation (hereinafter referred to as "Work Product").
(c) The Work Product and copyright and all Intellectual Property rights
in and to such Work Product created and provided by the Services
Provider to the Client pursuant to this Agreement shall be owned by the
Client.
10. F O R C E M A J E U R E
If and to the extent that a party's performance of any of its obligations
under this Agreement,hindered or delayed by
fire,flood,earthquake,elements of nature or acts of God,acts of
war,terrorism,riots,civil disorders,rebellions or revolutions,or any other
similar cause beyond the reasonable control of such Party (each,a"Force
Majeure Event"),and such non-performance,hindrance or delay could not
have been prevented by reasonable precautions,then the non-
performing,hindered or delayed Party will be excused for such non-
performance,hindrance or delay,as applicable, of those obligations
effected by the Force Majeure Event for as long as such Force Majeure
Event continues and such Party continues to use its best efforts to
recommence performance whenever and to whatever extent possible
without delay,including through the use of alternate sources,workaround
plans or other means. The Party whose performance is
prevented,hindered or delayed by a Force Majeure Event will
immediately notify the other Parties of the occurence of the Force
Majeure Event and describe in reasonable detail the nature of the Force
Majeure Event.
If the Force Majeure Event continues for a continuous period
exceeding 30(thirty) days, the Parties shall mutually agree on the future
course of action.However,despite all efforts made by the Parties in
good faith,if the Force Majeure Event continues for a period of 90
(ninety) days, either of the Parties shall have the right to terminate this
Agreement by giving the other Parties notice of termination in writing.
11.I N D E M N I T Y
The Service Provider hereby agrees to indemnify and hold the Client
harmless from all damages,costs,attorney's fees or other losses arising
out of or relating to:
(a) breach of this Service Agreement by the Service Provider;
(b) breach of any representation or warranty by the Service Provider.
1 2 . TA X E S
Client shall be responsible for all taxes in respect of this Agreement
including without limitation payment of goods and services tax, if
applicable, on the Service provided hereunder.
13 . NON-COMPETE
The Parties shall not use any confidential information directly or
indirectly to procure a commercial advantage over the other Party or
otherwise use any designs,ideas or concepts created by or belonging to
the other Party without the express written consent of the other Party.
14. . SEVER AB ILIT Y
If any provision of this Service Agreement shall for any reason be held
to be invalid,illegal,or unenforceable in any respect,such
invalidity,illegality,or unenforceable shall not affect any other provision
thereof, and this Service Agreement shall be construed as if such
invalid,illegal or unenforceable provision of this Service Agreement
shall be replaced with a provision that is valid and enforceable and
most nearly gives effect to the original intent of the
invalid/unenforceable provision.
1 5 . E N TI R E AG R E E M E N T
This Service Agreement constitutes the entire agreement and
understanding of the Parties with respect to the subject matter hereof
and supersedes any and all prior
negotiations,correspondence,agreements,understandings duties or
obligations between the Parties with respect to the subject matter
hereof.
16. N O O T H E R R I G H T S G R A N T E D
Nothing in this Agreement is intended to grant any rights under any
patent,copyright or other intellectual property rights of any Party in
favour of the other,nor shall this Agreement be construed to grant any
Party any rights in or to other Party's Confidential Information,except
the limited right to use such Confidential information in connection
with the Services to be provided under this Agreement. The Client or
Service Provider shall not receive any intellectual property rights in the
confidential information of the other party other than a limited right to
14. . SEVER AB ILIT Y
If any provision of this Service Agreement shall for any reason be held
to be invalid,illegal,or unenforceable in any respect,such
invalidity,illegality,or unenforceable shall not affect any other provision
thereof, and this Service Agreement shall be construed as if such
invalid,illegal or unenforceable provision of this Service Agreement
shall be replaced with a provision that is valid and enforceable and
most nearly gives effect to the original intent of the
invalid/unenforceable provision.
1 5 . E N TI R E AG R E E M E N T
This Service Agreement constitutes the entire agreement and
understanding of the Parties with respect to the subject matter hereof
and supersedes any and all prior
negotiations,correspondence,agreements,understandings duties or
obligations between the Parties with respect to the subject matter
hereof.
16. N O O T H E R R I G H T S G R A N T E D
Nothing in this Agreement is intended to grant any rights under any
patent,copyright or other intellectual property rights of any Party in
favour of the other,nor shall this Agreement be construed to grant any
Party any rights in or to other Party's Confidential Information,except
the limited right to use such Confidential information in connection
with the Services to be provided under this Agreement. The Client or
Service Provider shall not receive any intellectual property rights in the
confidential information of the other party other than a limited right to
use the confidential information for the purpose specified in this
Agreement. All intellectual property rights shall continue to vest with
the Party disclosing the Confidential information.
1 7 .AM E N D M E N T S
Any change,alteration,amendment ,or modification to this Service
Agreement must be in writing and signed by authorized representatives
of both the Parties.
18. D ISPU T E R E S O L U T I O N
(a)Any dispute(s) arising out of this Agreement shall,as far as
possible,be settled amicably between the Parties hereto failing which
the following shall apply:
(b)The courts in __ R A J A S T H A N A N D J AIPU R ___ sh a l l have exclusive
jurisdiction over any dispute,differences or claims arising out of this
Agreement.
(c)If either Party employs attorneys to enforce any rights arising out of
or relating to this Agreement,the prevailing Party shall be entitled to
recover reasonable costs and attorney's fees.
19. I N D E P E N D E N T PART IES
Nothing contained or implied in this letter creates a joint venture or
partnership between the Parties or makes one Party the agent or legal
representative of the other party for any purpose.
2 0 . EXC LU SIVIT Y
For a period of: ,the Parties shall not enter into discussions
with third parties for transactions which are similar to the Services
being provided under this Agreement.
2 1 . AS S I G N M E N T
This Agreement shall not be assignable by any Party without prior
written consent of the other Party.
22. NOTE:
Customer can only apply for the refund within 7 days from the date of C S P License Issued.
Only the available wallet recharge amount will be refunded, the License fees is non
refundable.
The agreement is digital agreement wherein there is no signature required, CSP DIGITAL
SOLUTIONS is not provided any direct customers, CSP DIGITAL SOLUTIONS is not reliable to sell
the ids on behalf of any customers.
For KYC process wallet recharges is mandate, Minimum 350 Rs supposed to be maintain in
wallet else services might be hamper.
If you have any dispute then you can directly email on our support centre
[email protected].
We just provided you portal wherein some of the times services can we be hamper so please
CSPDIGITALSOLUTIONS.IN & CSPDIGITALSOLUTIONS.COM They both are our official websites
apart from this there are no other our website.
Retailer Id Discount charges (RT) 1180/- ( Including 18% GST)
In the case of Client:
Attention:
Address :
In case of Service Provider
Attention: Ye s S o l u t i o n s C e n t r e .
Address : 12 Sindhi colony road front of CMHO Office Raja park near Pink Square
mall jaipur
Either Party may change its address for notification purposes by giving
the other Party 10 (ten) days notice of the new address and the date
upon which it will become effective.
23. G O V E R N I N G L AW
This Agreement and all issues arising out of the same shall be
constructed in accordance with the laws of India.
FEE S C H E D U L E
(Please add the fee payment schedule here)