TERMS OF USE FOR PARTNERS

 

  1. Agreement:

Please read these terms of use (“Terms”), a legal agreement between Benchkart Services Pvt. Ltd., a Company having its principal place of business at, DW-254, Nirvana Country South City-II, Gurgaon Haryana 122018, India (hereinafter "Company" or “we” or similar) of the first part AND the Partner (defined below) of the second part (hereinafter collectively referred to as “you”, “yours” or “Partner”).

The Terms shall govern use of and access to <www.benchkart.com> (the “Website”) and the Benchkart technology platform accessible through desktops, mobile phones, smart phones and tablets (the “Application”) which offers a B2B marketplace for outsourcing digital services connecting “Client(s)” (defined below) with Partners and offering various “Services”  (defined below) as may be introduced by the Company from time to time. The Company is the owner of the Website and Application offered to the Partner(s).  The Website and the Application and all promotional, marketing and other activities associated therewith shall collectively be referred to as “Platform”/”Benchkart Platform”.

Please carefully go through these Terms and the privacy policy available at  www.benchkart.com (“Privacy Policy”) before you decide to access or use the Benchkart Platform made available by the Company. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Company in connection with your access and use of the Benchkart Platform.

By clicking "sign up" or the 'I accept' tab at the time of registration, or by entering into an agreement with the Company to offer Services as set out in these Terms, or through the continued use or accessing the Benchkart Platform, You agree to be subject to these Terms.

We request You to please read these Terms carefully and do not click “Create an account”, “sign up” or “I accept” or continue the use of the Benchkart Platform unless You agree fully with these Terms.

  1. Definitions:

As used in these Terms, the following terms shall have the meaning set forth below:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  1. Registration as Partner:

 

 

  1. The Project, Bid and Project Agreement

 

 

 

 

 

 

 

  1. Registration Fees, Project Fees, Commission, Cancellation and Refund:

 

 

 

 

In a case where, due to factors such as the value and complexity of work, the Client does not agree to transfer the Project Fees to the Company’s Nodal Account, the Commission payable to the Company shall still be due from the Partner for the entire period for which the Partner is offering Services to the Client from the commencement of the Project if the same continues for such a period. In such a case, upon receiving confirmation from the Client of payment made to you from the Client, the Company shall raise an invoice for Commission from You inclusive of GST. You shall release the total Commission due to the Company for the Project within 21 days of the invoice being raised. In the case of long-term Projects where the Client provides you with the Consideration on a monthly basis, then You shall pay the Commission on a monthly basis as well.

 

 

If the Partner requests for cancellation, then the money is refunded to Client. without any deductions and the Company shall also attempt to provide the Client with a replacement Partner. The Company may take actions if they believe that the Partner is cancelling too many Projects or if there is not enough justification for cancelling the Project(s).

 

In the event the Client is not satisfied with your Service as the same was unsatisfactory, deficient, incomplete or the Project was delayed due to your negligence then the Company has the discretion to cancel your account and/or refund the Consideration amount to the Client and levy a penalty upon you for loss of business which shall not be less than the Commission that the Company would have secured on successful completion of the Project.

 

 

  1. Obligations of the Partner

 

 

 

 

 

 

 

 

 

 

 

 

  1. The role of the Company:

 

 

 

 

 

 

 

  1. Grant of Rights:

 

 

 

 

 

 

 

 

 

 

 

 

 

  1. Use of the Website and/or Application:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  1. 10. Confidential Information of Company and Clients:

 

 

 

 

 

 

  1. Disclaimer and Exclusion of Warranties:

 

 

 

 

 

 

 

  1. Limitation of Liability:

 

NOTWITHSTANDING THE ABOVE, IN THE EVENT COMPANY SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND COMPANY AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE VALUE OF ANY PLATFORM FEES RECEIVED BY COMPANY FROM YOU IN THE PRECEDING TWELVE MONTHS IN CONNECTION WITH USE OF THE WEBSITE AND APLICATION OR INR 500 WHICH EVER IS LOWER. YOU AND COMPANY AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND COMPANY. YOU ACKNOWLEDGE THAT WITHOUT YOUR ASSENT TO THIS SECTION, COMPANY WOULD NOT PROVIDE ACCESS TO THE WEBSITE, APPLICATION AND SERVICES, TO YOU. 

 

  1. Indemnification:

You agree to indemnify, defend, and hold harmless the Company, Our affiliates, officers, directors, and agents, from and against any and all loss, damage, liability, claim, deficiency, action, judgment, interest, award, penalty, fine, cost or expense, including any reasonable attorney and professional fees and costs, arising out of or occurring in connection with: (a) any Client relying or acting upon the proposal, Bid or any other information posted by you on the Application and/or Website relating to the Project posted by the Client; (b) your use or misuse of the Benchkart Platform; (c)  any breach by You of the Terms or any obligations, representations or warranties contained in these Terms; (d) Your infringement of any intellectual property or other right of any person or entity, (e) the actions of any person gaining access to the Website and/or Application under a User Name assigned to You; (f) any harm to the reputation and goodwill of Benchkart directly attributable to your acts; (h) or any fraud, theft, negligence, wilful misconduct, intentional wrongdoing or deficiency on your part or on the part of your employees and agents in performance of their Services under these Terms or any harm to the reputation and goodwill of Benchkart directly attributable to your actions or inactions. You shall not settle or compromise any such matter without our prior written consent. We shall be entitled to participate in such defence through our own counsel at your cost and expense.

 

You shall be liable to indemnify and hold Benchkart harmless against all damages, losses, costs and expenses incurred by Benchkart as a consequence of any complaint from any Client received by Benchkart with respect to deficiency in Services offered by you.

  1. Termination /Modification/Suspension:

 

 

 

 

 

 

 

 

  1. Governing Law And Jurisdiction:

The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India and the courts at Haryana subject to clause 16 below, shall have jurisdiction.

  1. Arbitration:

 

 

  1. Disputes between Clients and Partners:

 

 

 

 

 

 

  1. Copyright Infringement Take Down Procedure

       

        The Company has high regard for intellectual property and expects the same level of standard to be employed by its users. Company may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website and/or Application of users who infringe upon the intellectual property rights of others. If you believe that your work has been copied and posted on the Website and/or Application in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at partnership@benchkart.com.

 

 

Only the intellectual property rights owner is permitted to report potentially infringing items through Company's reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use.

 

  1. Grievance officer:

       

        In accordance with Information Technology Act 2008 and rules made there under, the name and contact details of the Grievance Officer is as follows:

 

        Name: Anurag Rawat, DW-254, Nirvana Country, Sector-50, Gurgaon 122018, Haryna

        Email Id: anurag.rawat@benchkart.com

 

  1. Miscellaneous Provisions:

 

 

 

 

 

 

 

These Terms were last updated on: March 17, 2020

 

Annexure A

 

Introductory Commission Structure

The commission applicable from 1st Apr 2020 onwards will be as per the table below

 

Client Location

Type of Transaction

<5 lacs

5-10 lacs

10 lacs+

India

All Categories except Call Center

9%

8%

7%

Call Center

5%

4%

3%

Abroad

All Categories except Call Center

9%

Call Center

5%

 

Note

  1. The commissions above are an introductory offer applicable only for a limited period. Any changes in the same will be communicated to the partners at-least 7 days in advance
  2. GST as applicable will be charged over & above the commission above
  3. The commission will be based on the total value of project between the customer & the partner
  4. Please write to partnership@benchkart.com with a cc to bhupender.sharma@benchkart.com for any clarifications related to same

 

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