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© 2018-23 Pashushala.com
AGREEMENT
BETWEEN
#VendorName#
AND
Pashushala.com
Gratize Venture Consulting Services Pvt. Ltd.
THIS AGREEMENT (“Agreement”) is executed at Bangalore, Karnataka on 24/3/2024 by and between:
Vendor Company, a company incorporated under the Companies Act, 2013, having its registered office at #vendorAddress# , through its authorized signatory #directorName# Director, (hereinafter referred to as “#VendorName#” which expression shall unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors and permitted assigns) of the FIRST PART;
AND
Pashushala.com, Gratize Venture Consulting Services Pvt. Ltd. incorporated under the Companies Act, 1956 having its registered office Regus - Brigade IRV Centre, 9th floor, Nallurahalli, Whitefield, Bangalore 560066, Karnataka, India through its authorized signatory Gaurav Choudhary Director, (hereinafter referred to as “Pashushala” and which expression shall unless repugnant to the context or meaning thereof included its successors and assigns) of the SECOND PART.
#VendorName# and Pashushala are hereinafter collectively referred to as the “Parties” and individually referred to as a “Party”.
WHEREAS
(A) Pashushala is engaged in the business of trade of livestock and related products & services.
(B) Pashushala has a network farmers, vendors, suppliers, distributors and e-commerce android app and web-portal through which they are propogatng and promoting livestock and livestock related products/services.
(C) Vendor Name has developed dairy/agri inputs/equipment inter alia is in the business of owning and operating dairy/agri inputs/equipment essentially for the benefit of farmers/customers. dairy/agri inputs/equipment includes but not limited to […….enter set of product or services offered by company] (“Offerings”). #VendorName# now desires to expand his sales through online/offline network of Pashushala.com, hence it has requested for the services of Pashushala to reach new/potential customers (“Customers”). #VendorName# has agreed to offer complete details of Offerings and all necessary resources, operational support , cost/pricing information and inventor information to Pashushala as and when needed for the offerings that are offered though Pashushala platform/Channels and serviced by #VendorName#.
(D) Vendor Name give complete authority to Pashushala to market, take booking orders, collect money from customers for all Offerings. Pashushala can time and again change the display price, content, creatives, offer discounts, run campaigns etc. as long as it doesn’t impact the base agreed price of the product, or its been mutually agreed.
(E) Both Parties have agreed with each other for establishing operational procedure/protocol in accordance with terms and conditions stipulated in this AGREEMENT.
(F) PASHUSHALA and Vendor Name have agreed to execute this AGREEMENT with a view to record the terms and conditions mutually agreed between the Parties.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS SET FORTH HEREIN AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND ADEQUACY OF WHICH IS ACKNOWLEDGED, IT IS HEREBY AGREED BY AND AMONGST THE PARTIES HERETO AND THIS AGREEMENT WITNESSETH AS UNDER:
A. SCOPE OF AGREEMENT
1. It is hereby agreed that Vendor Name shall provide to PASHUSHALA the access to its Platform and the requisite information in order to enable the Pashushala to take booking orders from Customers/ self for purchase of Products/Services.
2. Vendor Name represents and warrants to PASHUSHALA that the Products/Services description and other details (logo/contact number removed photos, performance proof, videos, service terms, delivery term, training video, how to use the product guideline, usage video, certificates, refund and return terms, service level, support to customers, turnaround time) shared with PASHUSHALA is accurate and describes the actual condition and service level of the Product/Services. The Product/service shall be authentic, useable and of acceptable standard quality. #VendorName# hereby grants PASHUSHALA a non-exclusive right and license to use such information as per their discretion to promote the sale of such Product/services, and, if required, to make technical modifications to the content, so as to render them feasible for using in any marketing and promotion activity.
3. Vendor Name shall ensure that information shared with Pashushala is updated in real-time to show availability/non-availability of the Products/Services.
4. It is hereby agreed that Vendor Name shall provide to PASHUSHALA a base sales price for the product which shall be lower or equal to the least price on which product is offered by vendor to any other distributor, channel partner or self-owned sales channel. #VendorName# represents and warrants that the base sale price of the Product including GST, shall not in any circumstance shall exceed the maximum retail price of the Product. This means that base price of the product shall be lower or at least equal to least price at which product is offered, any deviation of this clauses may lead to irreparable band value loss for Pashushala. Please share details in Annexure B.
5. If an Product is subject to expiry date or near to expiry date, #VendorName# shall not offer to sell and/or sell any such Product. As a policy, #VendorName# removes the item(s) 90 days prior to its expiry date from its inventory and shall not offer them for sale to Pashushala generated customers. If there is any discrepancy in the Product sold, it will be addressed by #VendorName#.
6. #VendorName# represents and warrants that the Product will be sold and delivered to the customer at the price displayed and agreed on Pashushala Platform at the time of placing order(s). No additional cost including, but not limited to, delivery charge, pickup charges for replacement/return, etc., shall be collected from SMA and PASHUSHALA in any form.
7. It is hereby agreed that #VendorName# shall provide necessary support to buyer in terms of training, installation, telephonic/videocall support, physical support, essential to ensure proper installation, maintenance and usage of Product/Services.
B. Operating Model:
7.1 The operating procedure shall be as described below, but not be limited to, and need not be in the same sequence:
7.2 Pashushala shall generate leads or confirm order and share the information regarding same by creating a login for #VendorName# to access the data on Pashushala app. Pashushala shall offer a single login to #VendorName# on the Pashushala platform where they can login and see/update all the inquiries, order status and other performance related data. Lead management, order fulfillment, or any support needed during, or post sales etc. is the sole responsibility of #VendorName#. #VendorName# agrees to execute the order within turnaround time shared with the customer and abide by policy and regulations shared with Pashushala and hence customers.
7.3 As of now Pashushala don’t offer supply chain service hence all necessary action related to supply of quality product/service is of #VendorName#. #VendorName# shall avail the service of courier/delivery service provider and confirm the service provider name, cost etc. to Pashushala. In case #VendorName# offer return/refund facility to customer same has to be agreed with the delivery/supply chain service provided in advance.
7.4 Order Payments: As of now Pashushala provide two mode of order, COD and Prepaid option to customer, terms and condition of this may change as Pashushala services/offerings matures further and same shall be intimated in advance to the #VendorName#, current prevalent process is as follows:
7.4.1 Prepaid - For cases where customer make payment to Pashushala, upon successful payment, PASHUSHALA would share the details of payment to #VendorName# to confirm the order. Upon receiving confirmation, the Customer would be provided with the order number. In case of all prepaid orders, #VendorName# shall deliver the product to customer within agreed TAT. And the amount shall be paid to Vendor Name on the 10th working day from delivery, provided the is no damaged product complaint raised by the customer
7.4.2 COD Order - #VendorName# agrees to connect with customer to establish lead authenticity, collect payment from customer as per their payment policy, delivery product/service to customer as per agreed SLA and TAT and hence share order status with Pashushala by updating the same in Pashushala portal or any other mode that may provide real-time information to Pashushala.
7.5 #VendorName# will send the order confirmation details by updating order status on Pashushala Portal and Whatsapp/SMS/email (if available) to the Customer. #VendorName# shall also extend the necessary support for display of details of all orders to PASHUSHALA at appropriate places in Pashushala application.
7.6 All transactions will happen through Customer via #VendorName#, Pashushala is entitled agreed value as per Annexure B and same shall be transferred to within 48 hours via bank transfer to Official Bank account of Pashushala as indicated below, in case of any change same shall be informed to #VendorName# in writing via email: Bank Details:
A/C Holder: Gratize Venture Consulting Services Pvt. Ltd
A/C No.: 2113451090; A/C Type: Current
Bank Name: Kotak Mahindra Bank
IFSC: KKBK0000422; Branch: Bangalore - Lavelle Road
7.7 Currently, free delivery service is provided by #VendorName# for all the items ordered online on the Platform. There will not be any additional delivery charges to Pashushala. The item price will be the final price inclusive of any delivery charges. Items against successful orders shall be delivered at the shipping address within 7 days from the order date at the time of delivery of shipment, the delivery person shall get acknowledgement with signature of the customer or any other person receiving the shipment on behalf of the customer at the given shipping address as proof of delivery as per accepted industry norms. The responsibility of proving that the delivery of goods was made to the customer lies with #VendorName# and #VendorName# agrees to undertake all necessary actions to resolve any issues that may arise in the delivery of goods to the right customer and/or quality of the Product.
7.8 Non-Delivery/Damaged Product/Return/Refund: In case of any damage product complaint from customer, same shall be managed by #VendorName# as per the terms and condition agreed with Pashushala.
7.8.1 In case of damaged product delivery, customer will share the proof (photo/video of the same. On successful establishment of no customer fault same shall be eligible for partial replacement of broken part/ full replacement/ full refund. #VendorName# shall agree to the same. Any loss due to damage during transportation shall be recovered from delivery partner by the #VendorName#.
7.8.2 The damaged or expired or the item(s) that are delivered in a damaged condition (such as items with broken seal / leaking / with lower weight/volume than the promised weight / volume) or with expired validity can be returned to #VendorName# without any extra cost and refund to be processed to customer with a copy shared to PASHUSHALA.
7.8.3 In case of refund, it will be processed directly to customer’s account by #VendorName# in case of amount is collected by vendor or is with vendor, or by Pashushala in case amount is collected and is with Pashushala. Proper verification of customer’s account shall be done and a copy will be marked to Pashushala. The information to customer and Pashushala shall be shared via email and sms, and same shall be acknowledged. If because of any reason customer doesn’t get the amount, same shall be managed and settled by #VendorName# within 7 days.
7.8.4 In case the items were not delivered to the Customer within 7 days from the order date, due to reasons thereof, Customer shall be contacted by #VendorName# to inform about the delay in delivery and to seek consent of delayed delivery/ order cancellation / for refund of the amount. In case the Customer opts for order cancellation and refund of the amount, such refund shall be made to Customer account directly by #VendorName#.
7.8.5 #VendorName# shall provide necessary documents and training material for the consumption of PASHUSHALA and its associates including, but not limited to, a handbook and video in digital format.
7.8.6 Cancellation of orders will be available only till the time order is not shipped.
C. Fee:
8.1 In consideration of the order facilitation services rendered by pursuant to this AGREEMENT, PASHUSHALA is entitled to received ______ % of sales value as fee (“Fee”). The Fee to be paid to PASHUSHALA is exclusive of all taxes, if any, which shall be paid extra. Fee payable will vary from time to time basis mutual consent of both parties.
8.2 #VendorName# shall make the payment to PASHUSHALA on real time within 48 hours of payment received from customer. In case of COD Pashushala will pay the base amount as agreed to the #VendorName#
8.3 No Fee shall be paid for cancelled/returned orders.
D. #VendorName# represents and warrants that the base sale price shared for the Product on includes the Fee payable to PASHUSHALA. #VendorName# also assures PASHUSHALA that the prices of the Products/service offered to Customers through its portal are in accordance to the current market trends, and is lower or equal to the price that it offer to any channel partner (online/offline) at any given time.
E. #VendorName# represents and warrants that for any Product/service sold through its Platform, an invoice shall be issued to the Customer by #VendorName# in accordance with the applicable taxes and laws.
F. Intellectual Property Rights
14.1 The Parties agree that any trade marks, logos, trade names or identifying slogans, which are owned by them respectively, cannot be used by the other Party for any purpose other than the purposes of this AGREEMENT, without the prior written consent of the relevant Party, unless otherwise expressly stated herein.
14.2 Except as specifically agreed in this AGREEMENT, each Party shall retain all rights, title and interest in their respective trademarks, logos, trade names, identifying slogans or similar intellectual property and that nothing contained in this AGREEMENT, nor the use of the trademarks, logos, trade names, identifying slogans or similar intellectual property on the publicity, advertising, promotional or other material in relation to the Services shall be construed as giving to any Party any right, title or interest of any nature whatsoever to any of the other Party’s trademarks, logos, trade names, identifying slogans or similar intellectual property.
14.3 Upon termination of this AGREEMENT, the Parties to this AGREEMENT shall forthwith cease to use all trademarks, logos, trade names, identifying slogans or similar intellectual property belonging to the other Party, whether in relation to the Services or otherwise as were permitted to be used for the purpose of this AGREEMENT.
15. Confidentiality
15.1 This AGREEMENT and all Confidential Information exchanged between the Parties under this AGREEMENT or during the negotiations preceding this AGREEMENT shall not be disclosed by either Party to any person except with the prior written consent of the other Party. The term “Confidential Information” shall mean all non-public information that this AGREEMENT or the disclosing Party designates as being confidential, or which, under the circumstances of disclosure ought to be treated as confidential. “Confidential Information” includes, without limitation, the existence and the terms and conditions of this AGREEMENT, details/information of Retailers, information relating to the financial and accounting books and records, marketing or promotion of any product or services, business policies or practices, customers, potential customers or, documentation, or information received from customers or any other party that a Party is obligated to treat as confidential.
15.2 Each Party shall:
a) treat as confidential all Confidential Information of the other Parties and not disclose such Confidential Information to any third party without the written consent of the other Parties;
b) use Confidential Information of the other Parties only as expressly set forth herein or otherwise authorized in writing.
15.3 Exclusions. Confidential Information shall not include information that:
a) is generally available to the public through no improper action or inaction of the other Parties;
b) was known by or in possession of the other Parties prior to the signing of this AGREEMENT;
c) is disclosed with the prior written approval of the disclosing Party or Parties, as the case may be;
d) becomes known to a Party from another authorized source.
15.4 The obligations set forth in this section shall not apply to the extent that disclosure of Confidential Information if required by government law, order, applicable stock exchange rules and regulations, ordinance, legal requirements, or judicial process, provided the affected Party shall, if possible, give the other Party (or Parties as applicable) reasonable notice prior to such disclosure, and shall comply with any applicable protective order or equivalent and make all reasonable efforts to protect the Confidential Information in connection with such disclosure.
15.5 The confidentially obligations under this clause shall be for a period of 2 years from the date of expiry or termination of this AGREEMENT or till the time information remains Confidential, whichever is later.
16. Termination
16.1 This AGREEMENT may be terminated:
a). by the either Party, upon giving at least thirty (30) days prior written notice to the other Party, without assigning any reason thereof; however, both the Parties shall continue performing their respective liabilities and obligations during the notice period.
b). by either Party by fifteen (15) days prior written notice, if other Party (defaulting Party) is in breach of representation, warranty or material obligation comprising the essence of this AGREEMENT and fails to cure the breach within thirty (30) days from the receipt of a written request to cure such breach from the non-defaulting Party.
c). by either Party, immediately, upon written notice, if the other Party ceases or threatens to cease to carry on either all or a substantial part of its business, or becomes insolvent, or is found to be engaged in any spamming activity, or makes an assignment for the benefit of its creditors, or a receiver is appointed for its business, or an order is made for its winding up.
d). by either Party, immediately, upon written notice if there is any, material adverse change or any change in applicable law, rules, regulations, directives or guidelines or if there is any order or directions of the Court or Government/regulatory authority, which prevents the continuing of the arrangement under this AGREEMENT.
16.2 Consequences of termination: Notwithstanding any other rights and remedies provided elsewhere in the AGREEMENT, on termination of this AGREEMENT:
a). Neither Party shall represent the other Party in any of its dealings.
b). Neither Party shall intentionally or otherwise commit any act(s) as would keep a third party to believe that the other Party is still associated with the former Party in terms of this AGREEMENT.
c). Each Party shall immediately stop using the other Party’s name, trade mark, intellectual property, content etc., and return/destroy, all intellectual property/ information, content in relation to such intellectual property of the other Party in its possession (if any) as directed by the other Party.
d). Save and except the Indemnification clause, neither Party shall be entitled to claim any Agreement of loss or compensation for termination of this AGREEMENT.
e). Each Party must, at the requisition of the other Party, either: (i) return to the other Party the other Party's Confidential Information, or (ii) at the option of other party, destroy or delete the other Party's Confidential Information and certify to the other Party in writing that it has done so.
f). The termination or expiry of this AGREEMENT for any reason shall not affect any rights and / or obligations, which:
(i) accrued before the date of such termination or expiry; or
(ii) expressed or intended to continue in force after and despite expiry or termination.
17. Representation & Warranties
17.1 Each Party represents, warrants and covenants to the other Party that:
a. It has full corporate power and authority to execute, deliver and perform this AGREEMENT.
b. The execution of this AGREEMENT and the performance of its obligations under this AGREEMENT and the implementation of the terms and conditions contemplated hereby do not constitute a breach of any AGREEMENT, arrangement or understanding, oral or written, entered into by it with any third Party.
c. The execution of this AGREEMENT and the performance of its obligations under this AGREEMENT and the implementations of the terms and conditions contemplated hereby does not violate any statute, regulation, rule, order, decree, injunction or other restriction of any governmental agency or Court or any regulatory authority to which it is subject or any of the provisions of its’ constitutional documents.
d. All approvals, sanctions, permissions, consents (by whatsoever name they are called) for performance of its obligations under this AGREEMENT including the obligations to make payment, which are required to be taken from board, shareholders, any Government, Semi-government and regulatory authority of the land or under any statute, rules, regulations, legal provisions have been taken and obtained and there is nothing pending in this respect.
e. It has obtained all licenses, clearances, permissions, registrations, certificates, approvals or consents from third parties including any regulatory or government body as required by applicable law or regulations for the purpose of performing its obligations under this AGREEMENT.
17.2 #VendorName# further represents and warrants to the PASHUSHALA that:
a. it is the owner of all Intellectual Property rights in and to the API during the tenure of this AGREEMENT.
b. API as provided by #VendorName# under this AGREEMENT does not infringe the Intellectual Property rights or other rights of any third party in any manner whatsoever
18. Indemnification
a) PASHUSHALA shall defend, indemnify and hold harmless the #VendorName#, its directors, officers, employees, associates, agents, etc. from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the breach of any representation, warranty, any material obligations and/or any applicable law on its part under this AGREEMENT.
b) #VendorName# shall defend, indemnify and hold harmless PASHUSHALA, its directors, officers, employees, associates, agents, etc from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the breach of any representation, warranty, IPR infringement, violation of data protection obligations, breach of any material obligations, Confidentiality obligations, breach in adhering to adequate anti money laundering safeguards and/or any applicable law or any error, default, omission, negligence, will misconduct, fraud, misrepresentation on the part of #VendorName#.
c) The obligations set out in this clause shall survive the termination or expiry of this AGREEMENT.
19. Limitation Of Liability Except as expressly provided in this AGREEMENT, in no event shall either Party be liable to the other for any indirect, incidental, special, consequential, punitive damages including but not limited to loss of profits in connection with or arising out of this AGREEMENT, even if the other Party has been advised of the possibility of such damages.
20. Governing Law and Dispute Resolution This AGREEMENT shall be governed by the laws of India and competent courts in Bangalore shall have an exclusive jurisdiction for the purpose of this AGREEMENT. In the event of a Dispute or difference (“Dispute”) relating to any of the matters set out in this AGREEMENT, the Parties shall discuss in good faith to resolve the Dispute. Any Dispute under this AGREEMENT shall be subject to the process of arbitration under and in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and a sole arbitrator shall be appointed by mutual consent of Parties to adjudicate such Dispute in accordance with the provisions of the Act. The seat of arbitration shall be in New Delhi, India and the proceedings shall be conducted in English language.
21. Force Majeure Neither Party shall be responsible to the other for failure to perform their respective obligations under this AGREEMENT due to causes beyond its control, including but not limited to acts of god, fire, strikes, acts of war, riots, epidemics, acts of terrorism or governmental prohibition. If the event of force majeure continues for more than sixty (60) days, either Party may terminate this AGREEMENT by giving thirty (30) days notice to the other Party in writing.
22. Notice Any notice or other communication that may be given by one Party to the other shall always be in writing and shall be served either by (i) hand delivery duly acknowledged; or (ii) sent by registered post with acknowledgment due; or (iii) by e-mail at the respective addresses set out herein below or at such other address as may be subsequently intimated by one Party to the other in writing as set out herein.
If to PASHUSHALA:
Address: Pashushala.com, Gratize Venture Consulting Services Pvt. Ltd., Regus - Brigade IRV Centre, 9th floor, Nallurahalli, Whitefield, Bangalore 560066, Karnataka, India Attention: 9910491500, gaurav@pashushala.com E-mail: info@pashushala.com, gaurav@pashushal.com If to #VendorName# : Address: Attention: E-mail: With a copy to [VENDOR Representative Name] All notices shall be deemed to have been validly given on (i) immediately on the date of transmission, if transmitted by email; (ii) the business date of receipt, if sent by courier or hand delivery; or (iii) the expiry of 3 (three) days after posting, if sent by registered post. Any Party may, from time to time, change its address or representative for receipt of notices provided for in this AGREEMENT by giving to the other Party not less than 7 (seven) days prior written notice.
23. Data Protection
23.1 All data and information (a) submitted to the #VendorName# by or on behalf of PASHUSHALA or any of its representatives/Retailers, (b) to which #VendorName# or its personnel, employees have access to, through the PASHUSHALA in connection with the provision of the services under this AGREEMENT ("PASHUSHALA Data") is, or shall be, and shall remain the property of PASHUSHALA. #VendorName# and its personnel/employee shall only use PASHUSHALA Data for the limited purpose of availing the services from the PASHUSHALA and shall not sell, assign, lease or commercially exploit the PASHUSHALA Data under any circumstances whatsoever.
23.2 #VendorName# represents and warrants that it has all the mechanism, infrastructure, processes and procedures and physical, technical, and administrative safeguards in place whereby it shall take adequate measures designed to protect against unauthorized or unlawful access or processing of all PASHUSHALA Data and against accidental loss or destruction of, or damage or alteration to, all PASHUSHALA Data. Any PASHUSHALA Data made available or accessible to the #VendorName#, its employees, agents, contractors or Collection agent, for the purposes of this AGREEMENT will not be stored, copied, analyzed, monitored or otherwise used by #VendorName# except for the purposes set forth in the AGREEMENT and #VendorName# shall act on PASHUSHALA’s instructions only (given for such purposes), save as required by law or the order of competent court or tribunal and/or any government/regulatory authority. #VendorName# shall not subcontract processing of PASHUSHALA Data without PASHUSHALA's prior written consent.
23.4 The PASHUSHALA Data shall be and remain the property of PASHUSHALA. Upon expiry or earlier termination of this AGREEMENT in accordance with the terms thereof, all PASHUSHALA Data which is then in the possession of the #VendorName#, shall be promptly returned to the PASHUSHALA.
23.5 #VendorName# shall not disclose or otherwise make available any personally Identifiable data, contained in PASHUSHALA’s Data including but not limited to personal data of Retailers to any third party and shall not use such personal data contrary to the best interest of the PASHUSHALA.
24. Miscellaneous
a) Relationship: Nothing contained in this AGREEMENT shall constitute or be deemed to constitute a partnership, joint venture, agency or employment between the Parties. Neither Party shall be responsible for the acts or omissions of the other Party and neither Party shall have, or represent that it has, any power or authority to speak for, represent, bind or assume any obligation on behalf of the other Party in any way, without the prior written consent of the other Party. The relationship of Parties hereto shall be that of Principal to Principal and each Party shall be solely liable to meet all the statutory obligations and liabilities pertaining to their respective employees.
b) Entire AGREEMENT: This AGREEMENT including schedule(s), annexure(s) and appendices, if any, attached hereto, embodies the entire AGREEMENT and understanding of the Parties and supersedes any and all other prior and contemporaneous AGREEMENTs, arrangements and understandings (whether written or oral), invoices, quotations, etc., between the Parties with respect to the subject matter contained herein.
c) Amendment: No variation / amendment of this AGREEMENT shall be binding on any Party unless such variation / amendment is in writing and signed by each Party.
d) Assignment: None of the Parties hereto may assign or transfer any of its rights, benefit or interest in this AGREEMENT without the other Party's' prior written approval.
e) Waiver: No waiver of any breach of any provision of this AGREEMENT shall constitute a waiver of any other prior, concurrent or subsequent breach of the same or any other provision(s), and shall not be effective unless made in writing and signed by an authorized representative of the Party waiving such breach.
f) Survival: Any and all obligations under this AGREEMENT which, by their very nature should reasonably survive the termination or expiration of this AGREEMENT, will so survive, including but not limited to, those arising from the confidentiality, indemnification and intellectual property provisions of this AGREEMENT.
g) Invalidity and severability: If any part of this AGREEMENT is held by a court of law to be invalid or unenforceable or contrary to any applicable law or regulation:
a). The remainder of this AGREEMENT will continue to remain in full force and effect; and
b). The Parties in good faith shall attempt to substitute for such invalid or unenforceable provision, a valid and legally enforceable provision, which achieves to the greatest extent possible the economic, legal and commercial objectives of the relevant provision, held invalid or unenforceable by the court of law. However, if the invalid and unenforceable provision or part thereof is inseparable from the other part(s) or provision(s) and forms an integral part of this AGREEMENT then whole of this AGREEMENT shall be construed to be invalid, unless substituted by subsequent AGREEMENT(s) entered between the Parties covering the subject matter of the previous AGREEMENT.
h) Counterparts: This AGREEMENT may be executed in any number of originals or counterparts, each in the like form and all of which when taken together shall constitute one and the same document, and any Party may execute this AGREEMENT by signing any one (1) or more of such originals or counterparts.
i) Business Continuity Plan Both the Parties shall have Disaster Recovery Plan (DRP) and Business Continuity Plan (BCP) in case of any unforeseen contingencies such as natural calamities and cyber-attacks/hacking of data etc. The Parties shall maintain a cold site for all such data and shall communicate to the other Party details of such arrangement
IN WITNESS WHEREOF PARTIES HERETO HAVE HEREUNTO SET AND SUBSCRIBED THEIR RESPECTIVE HANDS AND SEALS THE DAY AND YEAR FIRST HEREINABOVE WRITTEN.
For Gratize Venture Consulting Services Pvt. Ltd.
Pashushala.com
Designation: CEO
Name: Gaurav Choudhary
For #VendorName# Private Limited
Designation:
Name: