PVPL CH1 —Main Non-Competitive, Non-disclosure, Scope of Work agreement, SLA from digital marketing to software development (any or all), attachments or Terms sheet if any.
Company — Individual or company or consultant or vendor, agreement.
Prerequisite to Preseed — NOTE for all those who wish to shake a hand with Preseed or Nishchal, are expected to use their common sense and execute the following:
- Please take out an original print copy of this term sheet on stamp paper. Send this original copy to, and return the other to the Preseed team’s authorized representative, signed on a stamp paper with due duties of the stamp paper duly conducted. Send the same to nishchal@preseed.in by scanning first, so we can continue our dialogues. In the meanwhile we will wait for the hard stamp paper registered agreement copy sent from your address to ours. The hard copies emailed as is are as important as this agreement.
- IMPORTANT — Please mention the page number on every page in the format ‘page x of y’.
- The agreement must be signed on all pages by both parties.
- Kindly fill in the blanks by typing wherever required to choose from among various options. In this regard, do type the correct dates and party names. Below are just sample dates and names.
- If any Preseed team member is sharing the below contract with anyone, they are requested to ensure, that they share it with the correct information laid out in the contract and all original attched documents clearly curated on the desk of the director. Generally, let this responsibility be with the second party to send to Preseed, a completely ready set.
- The second party, that is, you, are expected to notify our common connection or introducer of sending this contract into the mentioned email.
Main Non-Competitive, Non-disclosure, Scope of Work agreement, SLA, attachments or Terms sheet.
This Term Sheet Privileged details are Confidential
This Draft is for general Discussions.
__________, 2023
Mob No — 9717930196
E-mail — humanresource@preseed.in | www.preseed.in
*Document starts* *Print from below*
This binding agreement has been entered into verbally on the __10th__ of __July, 2023__(Month, Year) and on this paper on the __18th__ day of __July, 2023__ (Month and Year) (“The effective date”) between:
Preseed Ventures Private Limited, a company incorporated as per Indian Companies Act, 1956/2013 and having its registered office in : Flat № 9, C-178, Sector-J, Jagdish Apartment, Aliganj, Near Goel Chauraha, Lucknow, Uttar Pradesh — 226024, hereinafter referred to as the “Company”, “Preseed” /”Promoter”/ “First Party” / “Company” , CIN NO — U74900UP2014PTC062407, represented by its director Nishchal Kesarwani (“signatory”)
and
________________________________________ _________________ , a company incorporated as per Indian Companies Act, 1956/2013 and having its registered office in : ______________________________, hereinafter referred to as the “vendor” / “consultant” /“second Party”/ “other signatory” / “client”, CIN NO — ___________________________, represented by its director Mr./Ms. ___________________________________________ s/o Mr. ___________________________ having DIN N/A / PAN — ______________________________ ,
Signatory and other signatory may be referred to herein individually as a “Party” and collectively as the “Parties” representing first and second party respectively.
Expenses — Each Party will bear all of its own expenses necessary to meet its duties and obligations under this AGREEMENT.
Whereas the second-party relationship/roles, declarations, and further identity information will be set forth in attachments ahead.
Nothing herein shall oblige first Party to consummate any conversation or transaction in contemplation of which Confidential Information was disclosed and received hereunder unless the payment is made by a verbally mentioned first-party associate to the second party. The details of the associate will be found annexed. However, on the second party, this agreement becomes binding from effective date onwards, from the moment second party signs.
This agreement applies to the second party and its individuals, associated with and/or involved in the activities or affairs of the Company for the purpose of first-party growth and aspirations. This agreement includes but is not limited to, protection of the confidentiality of certain confidential information of the first party/the first party signatory/associates of the first party and the second party/other signatory, to be disclosed under this Agreement for use by both in accordance with the agreement :
WARRANTIES — Second party represents and warrants to first party that it has or has given the full power and authority to the other signatory to enter into this Agreement. Each Party represents and warrants to the other that the individual signing this AGREEMENT on its behalf has the full right, power and authority to bind the respective Party fully thereto.
NON-EXCLUSIVE — No right granted by first party to second party in this AGREEMENT shall be interpreted as being exclusive in nature unless otherwise exclusively stated in this AGREEMENT.
Acknowledgement of Value —
The Second Party hereby acknowledges that shaking hands with Preseed Ventures Private Limited signifies an endless stream of top-notch advisory, leads, know-how and connections, regardless of the agenda. The Second Party recognizes that Preseed Ventures is a significant factor in motivating the Second Party to deliver services at a bar-raised level. The Second Party further acknowledges that the payment of the advisory fee to Preseed Ventures is made in recognition of the instrumental role played by Preseed Ventures in elevating the delivery of services.
LEAD GENERATION: The First Party agrees to provide business lead/s, often referred to as “Preseed associates,” to the Second Party. These leads may be generated through the First Party’s extensive network, marketing efforts, or other means.
Revenue Sharing: This matter is the most confidential part of this contract. In consideration of the leads provided by the First Party, the Second Party agrees to pay the First Party an advisory fee as compensation for the significant role played by Preseed Ventures in motivating the Second Party to deliver services at an elevated level. The specific amount or percentage of the advisory fee shall be determined and documented in an email sent by the Second Party to the First Party. This email shall expressly acknowledge the value provided by Preseed Ventures and shall be printed, signed, and attached as an addendum or attachment to this contract, forming an integral part of it.
If the email does not explicitly state the revenue share percentage, the default revenue share shall be deemed to be 50% of the gross revenue generated by the Second Party from the business leads provided by the First Party, unless otherwise specified, acknowledged, and signed in the email as an addendum.
For effective execution of AGENDA above Preseed will generate a digital communication to second party which will be a proof of the fact that the same original lead was generated by Preseed. This communication from Preseed will be generated by Preseed or its representative on email/whatsapp/sms or through any other electronic medium to second party. Second party will acknowledge it there. This communication thread , may or may not contain chain of leads occurring from one such lead by Preseed. All such occurring leads will be considered Preseed Associates and hence, a lead offered by Preseed on the same terms as are mentioned on this contract.
Non-Compete:
During the term of this CONTRACT and thereafter, the Second Party agrees not to directly or indirectly engage in any business or activities that compete with or directly overlap with the services provided by the First Party. Specifically, the Second Party shall not enter into any business deals, transactions, or collaborations directly with the leads provided by the First Party, or with any of their partners, associates, or directors, without the prior written consent of the First Party.
Digital Content Protection Clause —
1. Protection of Proprietary Information: The Receiving Party recognizes and acknowledges that the proprietary and original video content (“Content”) produced by the Content Creator and provided for use is of considerable value and that unauthorized use, disclosure, or distribution of this Content could cause significant harm to the Content Creator.
2. Usage: The Receiving Party shall only use the Content in accordance with the specific instructions and permissions given by the Content Creator. Any use beyond these permissions, including but not limited to unauthorized copying, distribution, selling, broadcasting, or any other form of misuse, is strictly prohibited.
3. Copyright Ownership: The Content Creator maintains full ownership rights and copyright of the Content at all times. The Receiving Party is strictly prohibited from claiming any form of ownership over the Content.
4. Breach of Contract: If the Receiving Party breaches this clause, they will be held responsible for any and all damages, including any potential profits that could have been made by the Content Creator from the Content.
5. Injunctive Relief: The Receiving Party agrees that in the event of any breach or threatened breach of this clause, the Content Creator shall be entitled to seek injunctive relief in addition to any other remedies that may be available.
6. Return of Content: Upon termination or expiration of this Agreement, or upon the Content Creator’s request, the Receiving Party shall immediately return to the Content Creator all Content, copies, reproductions, summaries, analyses, and other materials related to the Content.
10.5. Injunctive Relief: The Receiving Party agrees that in the event of any breach or threatened breach of this clause, the Content Creator shall be entitled to seek injunctive relief in addition to any other remedies that may be available.
10.6. Return of Content: Upon termination or expiration of this Agreement, or upon the Content Creator’s request, the Receiving Party shall immediately return to the Content Creator all Content, copies, reproductions, summaries, analyses, and other materials related to the Content.
The parties further agree :
- Firstly — By the second party to serve the first party in advance to establish its long-term loyalty, commitment, cultural fitment, and proof of skills toward the first party agenda including a proper road map and deliverables with timelines, annexed with this as a signed document, where each page is signed. The same timelines and deliverables may be showcased to a new entity. that is, Preseed Associate, that Preseed may be representing. This agreement is the prerequisite to introducing that new entity to the second party for gains to all parties. The second party must send the scan of the agreement, with payment schedule, it has signed with the Preseed associate before it starts servicing the Preseed associate.
- Secondly — On a later date, in evaluating or pursuing a business relationship between the parties first, for the sole fulfillment of the first party agenda (the “Permitted Use”) first, and then for furthering that relationship by way of a mutually benefitting offer, by the second party to the first party towards deliverables by second party for the same permitted use.
- Thirdly — All transactions between the Company and the Consultant should not be disclosed to any other parties without written and signed mutual agreement stating clearly permission to specific disclosure/s.
- Fourthly — The Parties wish to explore a business opportunity of mutual interest (“Purpose of Disclosure”). In connection with this Purpose of Disclosure, each Party (each, a “Discloser”) may disclose or may have already disclosed to the other Party (“Recipient”) certain Confidential Information (as defined below). It is the intention of the Parties to treat and maintain Confidential Information as confidential and proprietary to the Discloser. Generally, parties are expected to deal with the Confidential Information with as much care as the Recipient expects in the matter of its own confidential information but in no case with less than reasonable care e.g. 1 refrain from making copies of Confidential Information without the prior written approval of the Discloser, except to the extent necessary for the Purpose of Disclosure. E.g. 2 Limit disclosure of Confidential Information only to those of its personnel and professional advisors (“Representatives”) who have a need to know the same and whom Recipient has obliged to maintain the confidentiality of the Confidential Information at least to the extent required by this Agreement. All data and information if collected by Preseed and/or Preseed Associates should be kept confidential by both parties.;
- Fifthly, Severability — If any provision of this Agreement is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction or be so held by applicable court decision, the other remainder provisions of this Agreement will remain enforceable and shall remain in full force and effect. The invalid or unenforceable provision will be severed immediately from the remainder of this Agreement and immediately thereafter deemed modified so that it is also valid, as was originally intended and is enforceable to the maximum extent permitted by law. (Wherever there is a mistake or conflicting statements spotted in this contract. The words favoring the company will be considered and the other set of words ignored. In this agreement, the non-compete and non disclosure clause is applied for minimum 5 years post-termination, which might be considered overly restrictive depending on the jurisdiction and specific circumstances. In case it is considered too restrictive in a particular jurisdiction, duration be reduced to a duration of 2 years or closest to 5 years).
- Sixthly, Arbitration — If Nishchal from Preseed and the second party decide in written and signed in addition to the signing of this agreement anytime during the duration of this agreement or after duration of this agreement, to go the arbitration route instead of the judicial court route, this Agreement shall be governed by and interpreted in accordance with the laws of India, where, disputes arising under this Agreement shall be referred to binding arbitration by a sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be mutually decided in written and signed by both parties. The language of arbitration shall be English. Parties hereby consent to have the arbitration proceedings conducted online if need be for quick closure into the matter.
- Seventhly, Breach — In the event of a breach or threatened breach of any provision of this Agreement (including but not limited to the non-compete clause), the injured Party may, in addition to all other remedies, immediately obtain and enforce injunctive relief prohibiting the breach or threatened breach. Further, should a breach of this Agreement occur, the Party in breach agrees to compensate the non-breaching Party for all reasonable legal fees and costs resulting from such breach. The specific rights and remedies provided in this clause are cumulative and in addition to any other rights or remedies to which the non-breaching Party may be lawfully entitled.
- Eighthly, Waiver — Any waiver by any Party of any default or breach of any clause or covenant of this AGREEMENT, whether such waiver be direct or implied, shall not be construed to be a continuing waiver, or a waiver of or consent to, any subsequent default or breach on the part of either Party of the same or of any other clause or covenant of this AGREEMENT. The waiver by the Discloser of a breach of or a default under any provision of this Agreement shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of this Agreement, nor shall any delay or omission on the part of Discloser to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any such right or remedy.
- Ninthly, Amendments — No modifications, amendments or supplements to this Agreement shall be effective for any purpose unless in writing and signed by both Parties.
- Tenthly, Counterparts — This Agreement may be executed in two (2) or more counterparts, each of which so executed will be deemed to be an original and such counterparts together will constitute one and the same agreement. The original email thread associated with this agreement must be populated with signed and scanned documents which collectively constitute this agreement, within one week of such signing or such signed attachment to this agreement. The declaration of new attachments attached with dates must be made on email loud and clear. All emails in this thread must have replies or they would have deemed to have been read.
Out of Scope:
- The Consultant is not liable for any actions of the client outside of the projects’ marketing and development scheme of things.
- The Consultant is not responsible for any business development activities, facilitating investments, nor attracting investors.
- All investment, investor, and investee management & dealflow management are the responsibility of the Company.
In consideration of second party engagement as a consultant, with the training inputs, knowhow, contacts and experience that he/she may receive in connection with such engagement including other goods and valuable consideration, the receipt, sufficiency of which are hereby acknowledged, Parties agree as follows:
The following terms have the specified meanings for the purposes of this Agreement :
“Confidential Information” means any information related to the plans, strategies, business, operations, or other affairs of the Disclosing Party or its affiliates, tangible or intangible, that is not generally available to the public, and that: (a) is conceived, compiled, developed, or discovered by me whether solely or jointly with others, during the Term, or (b) is or has been received or otherwise becomes known to the Receiving Party in connection with this Agreement © A deal conveyed on chat messengers or email. Without limiting the generality of the foregoing, Confidential Information includes information relating to Inventions and Works, trade secrets, finances, operational plans, political plans, political affairs, legal affairs, contracts or assets of the Disclosing Party. Confidential Information also includes any information that has been made available to the Disclosing Party by any third party and which the Disclosing Party is obligated to keep confidential. Information shall be Confidential Information even if no legal protection has been obtained or sought for such information under applicable laws and whether or not the Receiving Party have been notified that such information is Confidential Information. Confidential Information includes the knowledge whether any Material, or Inventions and Works exists.
“Disclosing Party” is the party disclosing the Confidential Information
“Inventions and Works” means any composition, work of authorship, computer program, technology, product, device, technique, know-how, algorithm, method, process, procedure, improvement, discovery or invention, whether or not patentable or copyrightable and whether or not reduced to practice, that is (a) within the scope of the Disclosing Party business, operations, services, affairs, research or investigations or results from or is suggested by any work performed by the Receiving Party for the Disclosing Party and (b) created, conceived, reduced to practice, developed, discovered, invented or made by the Receiving Party during the Term, whether solely or jointly with others, and whether or not while engaged in performing work for the Disclosing Party.
“Materials” means any product, prototype, sample, model, document, diskette, tape, picture, drawing, design, recording, report, proposal, paper, note, writing or other tangible item which in whole or in part contains, embodies or manifests, whether in printed, handwritten, coded, magnetic or other form, any Confidential Information, or any Invention and Work.
“Proprietary Right” means any patent, copyright, mask work, trade secret, trademark, trade name, service mark or other proprietary and/or intellectual property right in any Confidential Information, Inventions, and Works, or Material. Intellectual Property Rights [IPRs] include all moral rights, author’s rights and other IPRs as may exist now or may come into existence hereafter, regardless of whether such rights arise under the laws of the India, or any other jurisdiction anywhere in the world.
“Receiving Party” is the Party receiving the Confidential Information
“Term” means the period from the beginning of my engagement with the Company, whether on a fulltime, part-time or consulting basis, through the last day of such engagement as more specifically defined in Clause 4 of this Agreement.
“Projects” and “Products” are used interchangeably and refer to any assignment that the First Party has for the Second Party. The use of either term encompasses the meaning of the other and they can be used interchangeably throughout this Agreement.
“Written” means consent given either via authorized email/WhatsApp/written/printed mailed or emailed,
“Written and signed” or “signed written” means written and signed by both parties or all parties involved.
“Owner” or “discloser” means the party which owns or originally produces the given Confidential Information to the other party. The owners of the respective Confidential Information will have all the rights to handle such owned information as they deem fit.
“Commercial exchange” means exchange of knowledge or key connection or any monetary compensation by way of salary, fee, equity commitment or equity by the first party to the second party for second party’s work/confidential information towards the first party agenda.
“Ideas” are thoughts and vice-versa exchanged between both parties
“Long term” means a period of at least one year.
“Agenda” means and includes, but is not limited to, co-create, safe keep, share gains, maintain, develop, debug, structure, document and strengthen first party’s confidential assets and confidential assets of the associates of the first party, first party & first party’s associates relationships, including, but not limited to, the ideas, content, software codes, web pages, consulting assignments, designs of products, projects or apps, including but not limited to, apps , namely, Nishchal’s chat app, called, Chattodo, browser productivity extension, web platform (currently named as Todoed), an entrepreneurial platform for listing of ideas for entrepreneurs (currently named IIDB or MyIdealist or PreseedApp), an app like Instagram for investors (Quick Angels) an app for startup mentors (Mentor Hub), related add ons, related chatbots for relevant chat apps like FB messenger, Whatsapp, Snapchat, Slack and Preseed’s own websites.
“Associates” doesn’t mean, first or second party. “Preseed Associate/s” mean, a tangible value in form of money or connections for the second party, that may lead to the growth of the second party. “Preseed associate” is either a direct business lead by Preseed, or an indirect business lead by Preseed. Business leads by Preseed associates or partners or employees or directors or business leads will be considered Preseed associates.
2. Confidential Information, Inventions and Works, and Materials
2.1. As between the Parties, the Disclosing Party is and will be the sole owner of all Confidential Information, Inventions and Works, Materials and Proprietary Rights. To the extent eligible for such treatment, all Inventions and Works will constitute “works made for hire” under applicable copyright laws.
2.2. The Receiving Party hereby irrevocably assign and transfer to the Disclosing Party all right, title and interest that it may now or later have in the Confidential Information, Inventions and Works, Materials and Proprietary Rights, subject to the limitations set forth below. This assignment and transfer is independent of any obligation or commitment made to the Receiving Party by the Disclosing Party. Further, the Individual hereby waives any moral rights that it may have in or to any Confidential Information, Inventions and Works, Materials and Proprietary Rights. The Receiving Party will take such action (including, but not limited to, the execution, acknowledgement, delivery and assistance in preparation of documents or the giving of testimony) as may be requested by the Disclosing Party to evidence, transfer, vest or confirm the Disclosing Party’s right, title and interest in the Confidential Information, Inventions and Works, Materials and Proprietary Rights, and the license rights. The Receiving Party will not contest the validity of any Proprietary Rights.
2.3. Except as required for the purpose of this Agreement and as authorized in writing by the Disclosing Party, the Receiving Party will not
2.3.1. use, disclose, publish, distribute, divulge, furnish, make accessible, or permit the disclosure to anyone any Confidential Information, Inventions, and Works, or Materials, or
2.3.2. remove any Materials from the Company’s premises or any other premises as designated by the Company.
2.4. Without limiting the above obligations, the Receiving Party will take reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information.
2.5. The Receiving Party will hold all Materials in trust for the Disclosing Party.
2.6 The second party shall at no time directly or indirectly avail or attempt to avail financial gains or other non-monetary gains of any nature, with the Preseed associate, other than the amount that is agreed upon by the parties, in writing.
2.7. Without limiting the above obligations, the Receiving Party or the second party will not communicate with any third party, including print and electronic media, regarding any aspect of this Agreement, the transaction contemplated under this Agreement, without the express prior approval of the Disclosing Party or its designee. The second party shall not divulge to a Third Party directly or indirectly any information about the Company either during the subsistence of this Agreement or after. Here third party implies, any party other than Nishchal Kesarwani or Preseed.
2.8. The Second Party hereby irrevocably assigns and transfers to the Company all right, title, and interest that it may now or later have in the Confidential Information, Inventions, Works, Materials, and Proprietary Rights, subject to the limitations set forth below. This assignment and transfer are independent of any obligation or commitment made to the Second Party by the Company. Furthermore, the Second Party waives any moral rights it may have in or to any Confidential Information, Inventions, Works, Materials, and Proprietary Rights. The Second Party agrees to take any necessary action (including, but not limited to, executing, acknowledging, delivering, and assisting in the preparation of documents or providing testimony) as requested by the Company to evidence, transfer, vest, or confirm the Company’s right, title, and interest in the Confidential Information, Inventions, Works, Materials, and Proprietary Rights, and the associated license rights. The Second Party shall not contest the validity of any Proprietary Rights.
2.9. Subject to other terms of this Agreement, the obligations of the Receiving Party under this Agreement shall remain valid and in full force and effect in perpetuity.
3. Non-Solicitation, Non-Circumvention, and Non-Compete
It is a given in this relationship that nothing will be done by the consultant either directly or indirectly that takes away from the company’s benefits.
During the term of engagement as an Individual or Consultant, and for a period of five (5) years after termination for any reason, whether voluntary or involuntary, second party shall, in any capacity or manner whatsoever, directly or indirectly, engage in or assist any person, entity, or business that competes with, or is demonstrably anticipated to compete with, the Company’s current or future lines of business. This includes any business associates, incubated startups, subsidiaries, or affiliates of the Company.
Prohibited activities encompass, but are not limited to:
(i) The solicitation or induction of employees, customers, business, agents, representatives, consultants, contractors of the Company, or selling of products or services in competition with the Company;
(ii) Diverting, enticing, or taking away any employees, customers, or business of the Company or attempting to do so;
(iii) Acting as an owner, sole proprietor, stockholder, partner, lender, director, officer, manager, employee, consultant, or agent for, promoting, or assisting any individual or entity engaged in any business that competes with the Company;
(iv) Soliciting the employment of any employee of the Company or any of its subsidiaries or affiliates or associates or otherwise interfering with the employment relationship between any entity and the Company, its subsidiaries, or affiliates;
(v) Soliciting, inducing, or enticing any of the Company’s agents, representatives, consultants, contractors or customers with whom the consultant or second party had access to identity of and hence, access to contact, during or after their engagement with the Company, to terminate or alter their relationship with the Company or to be associating with the consultant through any other path, but the path that benefits Preseed firstly.
Non — Solicitation of Leads/Agents — Second party agrees that, it shall not, directly or indirectly through its subsidiaries or sister-concern companies, whether alone or in association with other companies, in capacity whatsoever, and whether for its benefit or the benefit of the third party, induce or solicit any agents, or leads by Preseed or leads by leads of Preseed, to modify existing contract or to get into new/fresh contracts, related/unrelated to original contract, without written consent of the Preseed.
Trade Dress — Each party shall at all times retain ownership of all its Intellectual Property Rights (IPRs) in its respective names, logos, trademarks, trade names, trade dress (the overall visual appearance and impression of a product), and the look and feel of the individual websites.
4. Term and Termination
4.1. This Agreement shall become binding on the Parties from the Effective Date and shall terminate upon the earlier of
(i) termination of all written agreements between the parties or their Affiliates regarding the relationship, or
(ii) if no agreements are executed, termination of discussions between the parties or their Affiliates regarding the relationship.
4.2. Upon receipt of the second party’s signature, the duration of this Agreement will be deemed to have begun from effective date. Either party may terminate this agreement at any time by providing thirty (30) days’ written notice via email, confirmed through WhatsApp, to the other Party.
Upon termination, neither party shall be obliged to disclose any further Confidential Information or to continue discussions relating to, or enter into or continue any arrangement or agreement relating to, the Purpose or any other matter, unless otherwise agreed in writing by both Parties.
4.3. The Parties agree that upon termination of this Agreement or at any time during its currency, at the request of the Disclosing Party, the Receiving Party shall promptly deliver to the Disclosing Party the Confidential Information and copies thereof in its possession or under its direct or indirect control, and shall at the request of the Disclosing Party, destroy all memoranda, notes and other writings prepared by the Receiving Party or its Affiliates or directors, officers, employees or advisors based on the Confidential Information and promptly certify such destruction except as may be required by applicable law, regulation or legal process or as requested by any examiner or other regulatory authority or self-regulatory authority or to be maintained confidentially pursuant to internal document retention requirements (including electronic archiving and back-up procedures).
**Nothing to Obligate Transaction Clause:**
Nothing in this Agreement shall obligate either Party to consummate any transaction discussed as a result hereof.
7.9. All notices, requests or consents given in connection with this Agreement shall be given in writing and sent by first-class mail, postage prepaid, telegram, teletype, telex, cable or email to the addresses listed at the end of this Agreement unless either party notifies the other party of a different address.
6. Equitable Relief
6.1.4. Notwithstanding any other rights of either Party, either Party may seek injunctive relief in any court of competent jurisdiction against improper use or disclosure of Confidential Information.
6.2. . The Receiving Party shall notify the Disclosing Party in writing immediately upon the Receiving Party’s becoming aware of any such breach or threatened breach.
7.11 Force Majeure. No Party will be responsible for the breach of any obligation established in this AGREEMENT if such breach is caused, directly or indirectly, by war (declared or undeclared), insurrection, civil disturbance, orders, rules, regulations or decrees of any competent government authority, strikes, labour shortages, fire, flood, earthquake, storm, failure of Internet access service, power outage, or act of God.
8. No Warranty —
ALL CONFIDENTIAL INFORMATION IS PROVIDED “AS IS”. DISCLOSER DOES NOT MAKE ANY WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE, REGARDING THE ACCURACY, COMPLETENESS OR PERFORMANCE OF THE CONFIDENTIAL INFORMATION. THE DISCLOSER SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN OR ANY DECISIONS MADE BY RECIPIENT RELYING ON ANY CONFIDENTIAL INFORMATION DISCLOSED UNDER THIS AGREEMENT.
DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR STATUTORY, REGARDING ANY AND ALL PRODUCTS, SERVICES, CONTENT, EQUIPMENT OR FACILITIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOR ARE THERE ANY WARRANTIES CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE ITOI.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, FIRST PARTY DOES NOT GUARANTEE THAT THE OPERATION OF ITS INTERNET PORTAL (S), SITE (S), OR SERVER (S) OR THE PERFORMANCE OF ITS ON-LINE FUNCTIONS AND SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED OR FREE FROM VIRUSES OR OTHER MALIGNANT DATA PROCESSES.
FIRST PARTY DOES NOT GUARANTEE THAT DATA SUBMITTED OR HELD IN STORAGE ON OR THROUGH ITS SYSTEMS ASSOCIATED WITH THE INTERNET WILL BE SECURE FROM UNAUTHORIZED ACCESS.
Name & Sign of the director or company signatory for the
First party : ____Preseed Ventures Pvt Ltd. __________
Name: Nishchal Kesarwani
Sign, date & stamp :__________________________________
Title:___Founder and director______
Phone no. / Whatsapp no. : _______________________
Email: ____Humanresource@preseed.in________
Address: _____________________________________
Witness: __1)_________________________2) ______________________
Name of consultant or second party or other signatory :
____________________________________
Sign, date & stamp :__________________________________
Title:_________________________________
Phone no. / Whatsapp no. : ________________________
Email: __________________
Address: ____________________________________
Signature: ____________________________________
Witness with their id details:
1__________________
2 ____________________
Name of self-attested identity, address, and signature proof documents of 2nd party attached as Annexure 1:
(To be mentioned by pen)
Stamp and/or Signature :
Annexed documents and their purpose (Please signed ticks points wherever applicable in your scope of work with us and sign all pages of annexed document.)-
(✓) Annexure 1 -Self-attested id, address & sign proof documents
(✓) Annexure 2- Roles, responsibiliites and team disclosures of those who are part of the projects.