CONSULTANT SIGN UP AGREEMENT for JOBNCAREERBAY

Between: JobNCareerBay will be referred to as "The Platform" - and - And our partners are the "Consultant"

This seller agreement is an electronic record and does not require any physical, electronic or digital signature. This agreement is a legally binding document between you and JOBNCAREERBAY. The terms of this agreement will be effective upon your acceptance of the same and will govern the relationship between you and JobNCareerbay, including with respect to the listing, advertising, exhibiting, making available, marketing, sale and/or delivery of any products through the website.

Marketing Tools/Support, Products, Availability of products etc

The Consultant will keep informed at all times the Platform about the availability of the products in its inventory along with detailed specifications like size, color, texture etc. as may be required of the product. Order once placed on the Platform by the customer shall have to be honored by the Consultant at all costs.

Fee/Commissions etc

The platform as such shall not charge any fee for providing webspace/display on website however for all such sales that are made/generated using the website www.JobNCareerbay.in a commission shall be paid by the Consultant to the Platform. The platform can modify any rate of commission in respect of any product. The Details of commission rate would be share along with the agreement.

Order, Handling, Delivery service etc.

• Orders for the product shall be received using the website www.JobNCareerbay.com and shall be forwarded to the Consultant by the Platform via email/Telephone/Fax.
• The Consultant shall upon receipt of the course order from the Platform immediately arrange to deliver the course admission confirmation (in case the delivery responsibility taken) to the designated address/student as early as possible. In any case, the admission shall be made within 10 (TEN) days of the receipt of the Order. The Consultant shall provide to the Platform the consignment number immediately followed by proof of confirmation of admission.
• The consultant shall be ready to deliver the course or service whenever the course purchase notification received (in case the platform taken the responsibility of confirming admission to the course).
• The Consultant shall ensure that the course admission or services offered are of the specifications ordered and there is no variation whatsoever. The necessary to provide confirmation/assurance by the Consultant to the customer.
• The Consultant agrees to replace the defective products supplied to the customer at its own cost and shall not hold the Platform (JobNCareerbay) responsible in any manner whatsoever.
• The serviceman shall ready for the service whenever the service request of any customer received via www.JobNCareerbay.com. Admission will be done as per the guidelines share between the JobNCareerbay and the serviceman/service provider.

Covenants of Consultant

The Consultant hereby covenants with the Platform as under:

• To deliver the product of the ordered specifications/description only including quantity and quality prescribed in the Order and there should be no instance of wrong item being delivered and/or quality issue and/or issue of Non delivery. Further, the Consultant shall maintain adequate stock/inventory of the items at all times. In case the Consultant is running out of supplies or is likely not to fulfill the Order received by the Platform, it shall intimate to the Platform at least 24 hours (1 days) in advance so that notice of OUT OF STOCK for the product can be placed on the website.
• Not to send any kind of promotion material or any such material, which is, derogatory to and/or adverse to the interests financial or otherwise of the Platform, to the customer either along with the products supplied or in any manner whatsoever.
• Not to do any act/deal in a thing / products/goods/services which are either banned/prohibited by law or violates any of the intellectual property right of any party in respect of such product.
• The Consultant declares that it has all rights and authorisations in respect of intellectual property rights of third parties and is authorised to sale/provide/license such products to the customer. The copy of such authorization shall be provided on demand without failure and/or protest.
• To provide to the Platform, for the purpose of the creation/display on website of Platform, the product description, images, disclaimer, delivery time lines, price and such other details for the products to be displayed and offered for sale.
• To provide full, correct, accurate and true description of the product so as to enable the customers to make an informed decision. The Consultant agrees not to provide any such description/information regarding the product which amounts to misrepresentation to the customer.
• To be solely responsible for the quality, quantity, merchantability, guarantee, warranties in respect of the products offered for sale through portal of the Platform.
• At all times have access to the Internet and its email account to check the status of approved orders and will ensure prompt deliveries within the time frame mentioned herein before in the agreement.
• Provide information about the Order Status including Airway Bill Number on a daily basis.
• To raise an invoice as well as receipt of payment in the name of Customer for an amount equivalent to the amount displayed as MRP on the online store to the customer and paid by/charged to the customer.
• Not to offer any Products for Sale on the Online Store, which are prohibited for sale, dangerous, against the public policy, banned, unlawful, and illegal/prohibited under the Indian laws.
• To provide satisfactory proof about the ownership/licenses of all the legal rights in the Products that are offered for sale on the Online Store as and when demanded by the Platform.
• To pass on the legal title, rights and ownership in the Products sold to the Customer.
• To be solely responsible for any dispute that may be raised by the customer relating to the goods, merchandise and services provided by the Consultant. No claim of whatsoever nature will be raised on the Platform.
• The Consultant shall at all time during the pendency of this agreement endeavor to protect and promote the interests of the Platform and ensure that third parties rights including intellectual property rights are not infringed.
• The Consultant shall at all times be responsible for compliance of all applicable laws and regulations including but not limited to Intellectual Property Rights, Local Sales Tax, Central Sales Tax, Service tax, Value added tax, Standards of Weights & Measures legislation, Sale of Goods Act, Excise and Import duties, Code of Advertising Ethics, etc.
• To provide to the Platform copies of any document required by the Platform for the purposes of performance of its obligations under this agreement within 48 hours of getting a written notice from the Platform.
• To seek advance written approval from the Platform, prior to release of any promotion/advertisement material, in so far as the same relates to services offered pursuant to the terms of this Agreement.

Consulting Services

The Consultant and the Platform (each a "Party", together referred to as the "Parties"), have agreed that the Consultant will provide certain consulting Services, as described below, to the Platform, and have agreed to the following terms.

Scope of Services

"Services" means [DESCRIBE WHAT YOU ARE HIRING THE CONSULTANT TO DO — BE AS SPECIFIC AS POSSIBLE].

Delivery of Services

The Services shall be performed only by the Consultant or any other person who is approved by the Platform in writing or verbally.

Term of Agreement

The Services will begin on [THE DATE THE CONSULTING SERVICES WILL BEGIN], and will continue until the earlier of [DATE THE CONSULTING SERVICES WILL END], or as terminated pursuant to this Agreement.

Fee for Services

Consultant shall deliver invoices to the Platform in intervals as agreed to by the Parties. The Platform shall pay to the Consultant at a rate of [AMOUNT TO BE PAID TO THE CONSULTANT "per hour", "per day" or "in total"] during the term of this Agreement.

Taxes

Unless the Consultant provides the Platform with notice that the Consultant is exempt from collecting and paying applicable sales taxes, the Platform shall pay all applicable sales taxes on the Fees to the Consultant and the Consultant shall be responsible for remitting such sales taxes on goods and services to the appropriate taxation authority. (Service/Sales Tax)

Expenses

The Consultant shall assume responsibility and pay for all reasonable expenses necessary to effectively provide its Services under this Agreement. If the Platform agrees to pay for any expenses, such expenses shall first be approved by the Platform or by any other person the Platform should choose to designate.

Services

The Consultant shall perform the Services to the best of its ability and to a standard of a reasonable professionalism within the industry of the Services. Any personnel provided by the Consultant shall perform their work to the same professional standard.

Time of Services

The Consultant shall allocate the time required for completing the Services for the Platform's users in a professional manner. It is a material term of this Agreement that the Consultant shall complete the Services within the term set-out in Section 4 of this Agreement.

Conflicts

The Consultant shall not be restricted in delivering its services to other individuals or businesses while the Services are being delivered to the Platform, unless doing so would be in conflict with the interests of the Platform.

Licenses and Permits

The Consultant shall obtain and hold in good-standing all necessary licenses, permits and approvals required to comply with all laws, codes or regulations relating to the Services being provided and shall maintain and produce records of these licenses, permits and approvals for the Platform upon request.

Rules and Regulations

The Consultant and its employees, personnel and contractors shall always comply with any necessary laws, codes and regulations as well as the rules and regulations of the Platform, so long as the Platform has made the Consultant reasonably aware of its rules and regulations.

Indemnity

The Platform shall indemnify and hold harmless the Consultant or any of its directors, officers, employees or agents (the "Releasees") from any and all claims, actions, losses, expenses, costs or damages that the Platform or any of its directors, officers, employees or agents (the "Releasors") may have now, in the past, or in the future, as a result of the negligence of the Consultant or its personnel in the performance or non-performance of the Services.

Non-Competition

During the term of this Agreement, and for 24 months following its termination, the Consultant shall not engage in any activity that would compete in any way whatsoever with the activities of the Platform in which the Consultant was or is involved, or where the Consultant gained confidential or sensitive information of the Platform, directly or indirectly through the delivery of the Services. For further clarity, this Section is to be geographically limited to areas and locations that the Platform actually operates in.

Non-Solicitation

During the term of this Agreement, and for 24 months following its termination, the Consultant shall not, without the written consent of the Platform, directly or indirectly, solicit or attempt to solicit any person who: (a) was a Platform of the Platform as of the date of this Agreement was terminated; (b) was a Platform of the Platform at any time within the 24 month period immediately before the date of the termination of this Agreement; (c) was solicited as a prospective Platform by the Platform at any time during the provision of Services under this Agreement, should the Consultant have had knowledge of this pursuit; or, (d) was an employee or contractor of the Platform as of the date this Agreement was terminated or within the one-year period immediately before the date of the termination of this Agreement.

Intellectual Property

All Intellectual Property, as defined below, and all copyrights and other rights, titles and interests, both legal and equitable, in and to the Intellectual Property belong exclusively to the Platform. The Consultant hereby assigns, transfers, grants and delivers all copyrights, patents, trade secrets, trademarks and other rights, titles and interests whatsoever, both legal and equitable, solely irrevocably and exclusively throughout the world to the Platform, that Consultant may own in such Intellectual Property. The Consultant hereby waives, and represents and warrants to the Platform that its employees or personnel delivering the Services have waived, in whole all moral rights that the Consultant or its employees and personnel may have in the Intellectual Property, including the right to restrain use or reproduction of the Intellectual Property in any context and in connection with any product, service, cause or institution. The Consultant shall execute such grants, assignments and waivers of all such rights as the Platform may reasonably request from time to time. "Intellectual Property" shall include, but is not limited to, every concept, development, design, process, computer program, invention, procedure, system, writing, drawing, plan, know-how, trade secret, Platform list, data, market research, product or service details, economic information, or any other intangible asset of value, which are in any way related to the business of the Platform and which are created, developed, invented or written by the Consultant or by any of its personnel for the purpose of the provision of the Services under this Agreement.

Confidential Information

"Confidential Information" means all information and data, including, but not limited to, all business, planning, performance, financial, product, trade secrets, technical, sales, marketing, contractual, employee, Consultant and Platform information and data, disclosed orally, in writing or electronically to the Consultant by the Platform hereunder. Confidential Information shall not include information which (i) is or becomes generally available to the public without the Consultant's fault, (ii) is lawfully obtained by Consultant from a third party or parties unconnected to the Platform, without breach of any confidentiality obligations hereunder, or (iii) is required to be disclosed by law.

The Consultant shall keep confidential all Confidential Information disclosed to it and shall take all necessary precautions against unauthorized disclosure of the Confidential Information. The Consultant shall not directly or indirectly disclose, permit access to, transmit or transfer any Confidential Information to any third party without the prior written consent of Platform. The Consultant shall not use or copy any Confidential Information except as may be reasonably required to perform the Services.

The Consultant acknowledges that the Platform has or may receive in the future from third parties its confidential or proprietary information subject to a duty on the part of the Platform to maintain the confidentiality of such information and to use it only for certain limited purposes related to the Services. The Consultant shall hold all such confidential or proprietary information in the strictest confidence and shall not disclose it to any person or organization or use it except as strictly necessary in providing the Services in a manner consistent with the Platform's agreement with such third party.

The Consultant shall ensure that each of its employees, contractors or agents that is given access to the Platform's Confidential Information executes a confidentiality agreement pursuant to which such employee, contractor or agent is obligated to protect the Platform's Confidential Information to the same extent as the Consultant is required to protect such information under this Agreement. The Consultant shall provide copies of such executed documents to the Platform upon request.

The Consultant acknowledges and agrees that monetary damages may not be an adequate remedy to compensate the Platform for any breach of the Consultant's obligations under this Agreement regarding Confidential Information. Accordingly, the Consultant agrees that, in addition to any and all other remedies available to Platform under this Agreement or at law or in equity, the Platform shall be entitled to obtain permanent injunctions to enforce such obligations.

The Consultant represents and warrants to the Platform that (i) its performance under this Agreement shall not breach any obligation to keep confidential the proprietary information of any prior employer or client of the Consultant or any other third party, and (ii) it will not bring to Platform, and shall not use in the performance of its work with Platform, any trade secrets, confidential information and other proprietary information of any prior employer or client of the Consultant or any other third party.

Consultant Not an Employee

The Consultant and any of its employees or personnel who may be delivering the Services under this Agreement are not employees of the Platform and are not entitled to receive any employment benefits from the Platform. Further, the Platform shall not be required to make contributions for employment insurance, provincial/state or federal pension plans, workers' compensation or similar premiums, employer health tax and other similar levies on behalf of any of the Consultant's employees or personnel.

Consultant shall not tamper Contract

The Consultant, its employees, contractors or agents shall not bypass Consultant without the prior written consent of the Platform, enter into any contract on behalf of Platform or bind Platform in respect whatsoever. For further clarity, the Consultant does not have legal or business decision making authority on behalf of the Platform except where otherwise consented to in writing by the Platform.

Termination without Notice

The Platform or the Consultant may terminate this Agreement (the "Terminating Party") at any time in the event that either of the Parties breaches any part of this Agreement (the "Breaching Party"), so long as prior written notice is given by the Terminating Party and the breach is not remedied by the Breaching Party within 30 Business Days, defined as any day that is not a Saturday, Sunday or Statutory Holiday in the jurisdiction set forth at Section 28 herein.

Termination with Notice

Either Party may terminate this Agreement at any time for convenience with 10 Business Days prior written notice to the other Party.

Provisions Operating following Termination

Following the termination of this Agreement for any reason, with or without cause, the provisions of paragraphs 12, 13, 14, 15, 16, 17 and 18 and any other provisions of this Agreement necessary to give those paragraphs power shall continue in full force and effect.

Assignment

This Agreement shall be to the benefit of, and binding upon, the successors and permitted assigns of the Parties. The Consultant may not assign its rights or obligations under this Agreement without the prior written consent of the Platform.

Amendments

Any amendment to this Agreement must be in writing and signed by both Parties to be valid and binding.

Severability

Each of the paragraphs contained in this Agreement is unique and severable. In the event that any section, provision or part of this Agreement is declared invalid, illegal or unenforceable, the remaining parts of this Agreement shall remain in full force and effect and such declaration shall not affect the validity or enforceability of any other parts of this Agreement.

Governing Law and Forum

This Agreement shall be governed by and constructed in accordance with the laws of [PLATFORM'S STATE OR PROVINCE] and the federal laws applicable therein. Any disputes arising from this Agreement or between the Parties with respect to the Services shall be resolved in a court of competent jurisdiction in the City of [CITY OF THE PLATFORM].

Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter described in this Agreement, and supersedes and replaces in its entirety all previous agreements, communications and understandings relating to the matters referred to in this Agreement.

Notices

Any notice to be made or given under this Agreement shall be delivered in writing and may be made by personal delivery or by electronic mail to the following recipient at the addresses below:

TO: [PLATFORM'S EMAIL ADDRESS]

TO: [CONSULTANT'S EMAIL ADDRESS]

Notice given by personal delivery shall be deemed to have been given on the day of delivery, and if given by registered mail, on the third day following delivery of the notice.

IN WITNESS WHEREOF the parties have executed this Agreement effective as of [DATE SENT].

Name: [PLATFORM'S NAME]

Company: [PLATFORM'S COMPANY NAME]

Name: [CONSULTANT'S NAME]

Company: [CONSULTANT'S COMPANY NAME]