TERMS & CONDITIONS

TERMS & CONDITIONS


This Terms & Conditions is made this the ………………………………………… by and between:-
1. M/s Complete Computer Education having its place of business at 1st Floor, Ram Nagar Behind D.A. V. Collage Ground Ambala City through its partner Mr. Baljit Singh ONE PART:
2. ………………………………Having its place of business office at ………….……………………………………………………………………………………………………………………….SECOND PART; Hereinafter called as the FIRST PARTY and SECOND PARTY respectively.
WHEREAS, the First Party is providing Technical Education & Other Education ServicesUnder its trade name of “owner of the same” Complete Computer Education AND WHEREAS the Second Party further requested the Fist Party to authorize it further to provide education in the name of “Complete Computer Education”AND WHEREAS the parties here to are desirous and deemed it necessary to reduce to writing the terms and conditions agreed upon by and between them the governing their relation inter-se. NOW, THEREFORE, THIS AGREEMENT OF FRANCHISE WITNESSES AND RECORDS AS UNDER:-

1. In consideration of the Franchise Fees and Development Fees hereinafter reserved and of the Franchise’s agreement hereinafter contained, the Franchise hereby GRANTS to the Franchisee the exclusive right to provide training on Hardware Networking. Personality Grooming and other Development skills in the territory of Ambala City (hereinafter called the “the territory”).
2. This agreement shall subject to the provisions of clause are given below relating to termination of agreement, subsist for a period of 1 year commencing on the ……………………………………….. the Franchisee regularly pays Franchise and Development Fees on renewal hereby reserved and observe and perform all the covenants and conditions of the agreement, the Franchiser shall on the written request of the Franchisee made the three calendar months before the expiration of the term of this agreement on the terms and conditions mutually agreed to between the parties at the time of renewal.
3.That the First party has authorized the Second Party to provide training on computer Hardware, Networking, Personality Grooming & Other Development skills under brand name Complete Computer Education .
4. That the second party shall pay franchise fees of Rs………………. for the 1st year and after one Year Second Party has to pay 20% of franchisee fee (at that time) as development charges.
The franchisee shall also pay a course fee according to fee structure list receive by all the Franchisees during any accounting year. The Franchisee fee shall be paid on monthly basis by the Franchisee to the Franchiser on or before the 15th day of the month following the month to which the fee relates. The Franchisee shall not deduct or set off against any fee payable to the Franchisee shall, without prejudice to any sums which the Franchisee considers to be due to him from the Franchiser entitled. In case of default in the payment of any sum in time, the franchisee shall pay interest@2% per month or part of the month on the amount of the sums due but not paid.
5. The Franchiser hereby covenants with the Franchisee as follows:-
(1) To provide the study material thereof, the copyright of the same remain with the franchiser;
(2) On the written request and the query, to give written advice about know-how, business system, standard and any other matter relating to the said business;
6. The Franchisee hereby covenants with the franchiser as follows:
To invest sufficient money for the commencement and operation of the business ;
To arrange the requisite space of minimum 500 sq. ft, Six Computers, One Hardware Lab, one Networking Lab, One theory Room, Library, Office & Minimum three faculty.
To appoint the teacher of faculty only in consent with Franchiser.
To use the Trade Name in the said business and maintain the standards.
Not engage or involve directly or indirectly in any other than the said business without the written consent of the Franchiser;
Not to use know-how or systems of the said business or any other information provided by the Franchiser for any purpose other than the Franchise business.
Second Party will not take any franchise other Than First Party during the tenure.
Second Party is responsible for any mishappening or illegal activities in its premises.
Second Party shall keep the brand image of Complete Computer Education in honored position in market.
That if at any time any dispute or difference shall arise between the parties hereto or any one claiming through under them, the same shall be referred to the Arbitrator.
7. The franchisee will indemnify and keep the franchiser indemnified against all claims, demands, actions, proceedings, losses, damages, recoveries, Judgments, costs, charges and expenses which may be made, or brought or commenced against the franchiser or which the franchiser may have to bear, pay or suffer, directly or in directly due to any act, default or omission by the franchisee in conducting the said business.
8. The franchiser’s Auditors, inspectors or authorized representatives will be authorized to inspect and audit the books of account and all supporting vouchers, bills, documents of the franchisee relating to the franchise business at any time and for that purpose the franchisee will permit the franchiser’s auditors and authorized representatives to enter its or their premises and co-operate with them and furnish to them all documents, accounts, vouchers, etc., as required by them. If after the audit or inspection of the accounts, it is pointed out by the franchise fee and/or any other financial matter is not correct, the Franchisee will rectify the said defect in the accounts and if any amounts towards franchise fee has been sent less earlier, the balance amount will be sent to the franchiser within a period of fifteen days from the receipt of report along with interest @ 2% per month or part of the month.
9. The franchisers hereby agree that it shall not have the right to assign or transfer its rights and obligations under this Agreement to any third party without the consent of the Franchiser in writing.
10. The Franchiser shall be entitled to terminate this Agreement upon occurrence of any event of default specified below.
f the franchisee fails to observe and perform any covenants, stipulations or obligations hereunder or commits a breach of any of the terms, conditions or provisions of this Agreement or its part to be observed or performed;
If the franchisee use the study material other than provided by the Franchiser.
If the information or representations made by the franchisee in the application form or supporting details proves to be incorrect in any material respect;
If the Franchisee fails to pay, to submit any document or information required under this Agreement within 15 days following its due date;
If by the act, omission or commission of the franchisee, it is suspected by the franchiser that any secret information, know-how relating to the business has been disclosed by the franchisee to the third party and franchisee cannot satisfy the franchiser that his apprehension is untrue;
If the franchisee commits default or neglect in maintaining the quality and standard of the services the franchiser shall serve a notice to the franchisee for rectification of the default or neglect, and if default continues beyond 48 hours from the time of the written notice, the franchiser may terminate this Agreement:
11. Upon termination of this agreement on the occurrence of any default as provided hereinabove, the franchisee and franchiser without prejudice to and in addition to their rights and obligations shall
Take following actions:
The franchisee shall stop doing the said franchise business and to make use of the Trade Name of the Franchiser and will return the study material and other items owned by the franchiser and in the possession of the franchisee and in case of default by the franchisee, the franchiser shall be entitled to enter upon the premises of the franchisee to take possession of the manual, stationery, and other material and goods from the franchisee.
The franchisee shall pay all sums due at or after date of termination to the franchiser without any deduction or set off, within a period of seven days of the termination of agreement.
The franchisee shall assign all agreement to the franchiser or his nominee.
After termination of this agreement, the franchisee shall not for one year, directly or indirectly do the business similar to the franchiser business on said premises or otherwise compete or assist anybody to compete with the franchiser . The Franchisee shall not solicit the customers of the franchiser or of any franchisee appointed by the franchiser in the territory.

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