SAHAJGURU T&C

TERMS & CONDITIONS FOR SAHAJ GURU

Please read this terms & conditions carefully before entering into this contractual relationship. By accepting this terms & conditions, you agree to be bound by these terms & conditions set forth below including any additional guidelines and future modifications as may be applicable for Skill & Vocational Training Project. This Terms and Conditions (“Agreement”) is a legal contract between you and Sahaj Retail Limited (Sahaj) and if at any point of time you do not agree to these terms & conditions or do not wish to be bound by these terms & conditions, you may not be allowed to act as a Skill & Vocational Training Project Partner/Operator and Sahaj shall have the right to terminate your contractual relationship on immediate basis. You shall be allowed to act as a Skill & Vocational Training Project Partner/Operator of Sahaj and shall have the right to provide Skill & Vocational Training related Services subject to your adherence with the terms and conditions set forth below including relevant policies. Sahaj reserves the right, at its sole discretion, to revise, add, or delete any provision of these terms and conditions any time without further notice. You shall re-visit the “Terms and Conditions” link from time to time to stay updated of any changes that the “Site” may introduce.

  1. Terms & Conditions:

    The Sahaj Guru need to comply with the following terms & conditions:

    1. Sahaj Guru should have a place of his own/ rented premises with minimum 2 classrooms and having sitting capacity of atleast 30 candidates. The Centres would be known as “Sahaj Shiksha Kendra” & should be located in a place which is easily approachable.
    2. The Sahaj Shiksha Kendra should have a proper counseling area for probable candidates.
    3. The Sahaj Shiksha Kendra must have proper toilets and hygiene facilities.
    4. The Sahaj Shiksha Kendra should have a frontage of atleast 8’ x 3’ for signage to be put up.
    5. Sahaj Guru will be engaged by Sahaj to facilitate various education institutions in providing the Skill & Vocational Training programs to candidates in Sahaj Shiksha Kendras.
    6. The Sahaj Guru shall have own infrastructure and paraphernalia including but not limited to desktop/laptops/tablets, mobile phone, electricity, data cards / internet access, lab set up cost (if any) etc as maybe necessary to implement the scope and the project efficiently and effectively. The lab set-up cost, if any, would be done by Sahaj Guru.
    7. Not to arrange the Training Program at any location other than the premises/centre approved by SAHAJ.
  2. Scope Of Work :

    Sahaj Guru will give adequate time and attention to ensure that the below mentioned training of candidates are discharged efficiently;

    1. Sahaj Guru will generate leads and convince candidates for taking registration for the Skill/Vocational Training Program conducted by Sahaj in collaboration with various educational institutions and also complete the registration procedure of the candidates as per the target assigned i.e., minimum atleast 30 Candidates in the 1st quarter and 60 candidates each for the subsequent quarters, i.e. 210 candidates in a year. Sahaj Guru scope and engagement will be on PAN India basis.
    2. Preparation and submission of Monthly Information Reports (MIS) to Sahaj with specific details & data as may be intimated by Sahaj from time to time. The Sahaj Guru to prepare a “work done report per month” and submit to Sahaj.
    3. Sahaj Guru shall facilitate in providing classroom training session of candidates as per the training module or training content provided by Sahaj only or through it’s implementation partner and affiliated courses which are only provided by Sahaj and Sahaj implementation training partners.
  3. Fees/ Commission:

    For providing services under this Terms & Conditions, Sahaj shall make payment to the Sahaj Guru as per Schedule- A of this Terms & Conditions.

    1. Payment Terms
      1. The undisputed payments shall be made to Sahaj Guru on the basis of the amount specified in this Agreement . & upon the completion of training given by the Sahaj Guru. The rates finalized shall remain valid during Agreement period/extended duration.
      2. Reconciliation will take place within 10 days of the next month and based on same the Sahaj Guru will generate invoice in favour of Sahaj and submit for payment. Sahaj will release the said payment within 60 days from the date of receipt of the same from Sahaj Guru.
      3. Sahaj shall not be responsible / obligated for making any payments or any other related obligations under this T & C to the Sahaj Guru’s Operators/Personnel, if any. Sahaj Guru shall be fully liable and responsible for meeting all such obligations including Statutory obligations, if any and all payments to be made to Operators/ Personnel engaged by Sahaj Guru and in connected with the discharge of Sahaj Guru’s obligation under this T & C and in any manner whatsoever.
      4. The total cost shall be excluding of all applicable taxes and GST.
      5. Cost of travels (if any) is required to be borne by the Sahaj Guru itself.
      6. Power to withhold: Not withstanding anything contained in the payment schedule, if in the opinion of Sahaj, any training rendered by Sahaj Guru is deficient in any manner in comparison to the prescribed standards, Sahaj shall be at liberty to withhold a reasonable portion of the payments due to the Sahaj Guru, till such training is made conforming to the prescribed standards. These powers to withhold payments shall be without prejudice to any other power/ right of Sahaj under this engagement.
        In addition to the above:
        In case any of training performed by the Sahaj Guru or it’s Operators/ personnel fails to conform to the assigned work or in the event of failure due to in different(such as inadequate interactions with Sahaj), negligent (such as quality of deliverables not upto the mark), non-supportive attitude (such as non-engagement of adequate resources in the prescribed time frame) of the Sahaj Guru, then Sahaj may decide to abort the relationship because of such failure and Sahaj Guru shall be liable to compensate Sahaj in appropriate manner.
    2. Liquidated Damages and Penalties:
      The Sahaj Guru agrees that if any penalty, damages or any claim are imposed on Sahaj by any Statutory Authority/ educational institution for any default, breach committed by the Sahaj Guru and/or any of it’s personnels/ Operators directly attributable under this contractual relationship, the same shall be borne by the Sahaj Guru and the penalty, interest or damages amount shall be paid to Sahaj from the date of receiving demand notice from Sahaj.
  4. Termination:
    In the event that Sahaj believes that the Sahaj Guru is in Material Breach of its obligations under this T & C Sahaj may terminate the Agreement with immediate effect. Sahaj may at any time terminate with or without reason by giving the Sahaj Guru an advance notice of 30 days.
    Effects of termination:
    Upon termination of the Agreement, the Sahaj Guru will comply with the Exit Management procedure as laid down by Sahaj and provide all the requisite support for smooth transition and handover all assets, training material, training documents, if any. In case of termination, Sahaj shall be liable to pay to Sahaj Guru such fees/ commission which is due till the date of such termination and on pro-rata basis.
  5. Indemnity & Confidentiality :
    The Sahaj Guru at its own expense, shall indemnify and hold harmless Sahaj, it’s , affiliates and assignees, and its directors, officers, employees and agents, with respect to any claim, loss, demand, cause of action, debt or liability, including attorney's fees, arising from failure, misconduct, misappropriation of fund, breach of any Cyber Security/Cyber law, negligence, illegal transactions or training material, or actions, breach of this Agreement or failure by the Vendor or anyone working under him/her in complying with the terms of this arrangement.
    The Sahaj Guru is expected to sincerely and diligently adhere to Sahaj’s information security policies, maintain confidentiality of data and information, relevant for it’s role and functions. The Sahaj Guru will abide by the terms and conditions and carry out the necessary compliance as per the terms and conditions of Sahaj. Any misappropriation of fund, illegal and unauthorized act will render the Sahaj Guru liable and Sahaj will take strict legal action both civil and/or criminal as the case may be, against the said Sahaj Guru. Sahaj has a disciplinary procedure in force and all the information security related breaches will tantamount to breach of this Agreement and the Sahaj Guru will be held liable for immediate termination and/ or such other action as may be decided by Sahaj.
    The Sahaj Guru and/ or it’s Operators/ personnel are committed to maintain high standards of confidentiality, secrecy and business ethics. It is a condition of this assignment as well as of the continued relationship that the Sahaj Guru shall observe and maintain high levels of confidentiality, secrecy, preservation of business data and business ethics and shall not disclose any details or data available through this Agreement to anyone or third parties. Any violation of this clause the Sahaj Guru and/or its Operators/ personnel would be responsible for any consequences in case of such disclosure. The Sahaj Guru hereby agrees to indemnify Sahaj for any consequences arising due to non-adherence of the above.
    The Sahaj Guru acknowledge and agree that due to the unique nature of Confidential Information, any breach of confidentiality obligations hereunder, will cause irreparable harm to Sahaj and therefore in the event of any breach of confidentiality obligations, Sahaj shall be entitled to injunctive relief, specific performance or other equitable relief or any or all of the foregoing relief in addition to whatever remedies it might have at law.
  6. Obligations, Representations and warranties of the Sahaj Guru:

    The Sahaj Guru and/ or it’s personnel/ Operators represents and warrants to Sahaj (such representations shall remain in force during the Term and extension thereto),the following:

    1. It has full power and authority to execute and perform its obligations under the Agreement and other agreements and to carry out the transactions contemplated hereby;
    2. It is a competent to provide training and conduct training program as per enlisted Scope of Work;
    3. acknowledges to have read and agrees to abide by Sahaj Information and Security Policy and Privacy guidelines and as amended by Sahaj from time to time.
    4. it has taken all necessary licenses & statutory approvals under laws applicable to it’s business to authorize the execution and delivery of training program under this T & C.
    5. Sahaj Guru agrees and acknowledges that at no time it shall store the data and/or information received during the term of this arrangement for the purposes other than as specified hereunder;
    6. That the Sahaj Guru and/or it’s personnel/ Operators have the requisite professional skills and resources that are necessary for providing training to fulfil the scope of work stipulated hereunder.
    7. That there are no material actions, suits, proceedings, or investigations pending or, to its knowledge, threatened against it at law or in equity against the Sahaj Guru before any court or before any other judicial, quasi-judicial or other authority.
    8. It has complied with Applicable Laws in all material respects and has not been subject to any fines, penalties, injunctive relief or any other civil or criminal liabilities which in the aggregate have or may have an Adverse Effect on its ability to perform its obligations under the Agreement;
    9. Sahaj Guru shall not assign the project to any other agency or person, in whole or in part, to perform it’s obligation as mentioned hereunder.
  7. Audit Access, Reporting and Inspection:

    The Sahaj Guru shall allow access to Sahaj and/or it’s nominated agencies/personnel to all information which is in the possession or control of the Sahaj Guru and to conduct audit and inspection of all the documents, books, transactions which are related to the services/training as mentioned in this Agreement.

SCHEDULE-A

Payments
For First Quarter:

For registration under the Skill Training Program of Sahaj, Sahaj Guru will charge Rs.12,000/- (excluding GST) from each candidate, out of which Sahaj Guru will get Rs.2,000/- (excluding GST) per candidate.

 
From Second Quarter onward:

For registration under the Skill Training Program of Sahaj, Sahaj Guru will charge Rs.14,000/- (excluding GST) from each candidate, out of which Sahaj Guru will get Rs.3,000/- (excluding GST) per candidate.

The above commercial under “Schedule A payments” are subject to change