Terms And Conditions

• The Dealer shall share the User ID and the Password to the Service Provider for carrying out services, as mutually agreed. The list of services as well as respective charges/rates for the services provided by the Service Provider to the Dealer is illustrated in Annexure – I. Any services outside the scope of Annexure-I shall be mutually negotiated between the Parties.

• Parties agree to maintain confidentiality of the data/information disclosed to each other. Party receiving such Confidential Information shall not disclose this information without the prior written consent of the Disclosing Party.

• Service Provider shall provide all the services to the Dealer virtually only (Online services). However, upon urgent request of the Dealer, onsite services shall be provided by the Service Provider subject to the availability of manpower as well as accessibility of the Dealer’s Location. Cost for providing such services physically at the location of the Dealer shall be mutually negotiated between the Parties.

• It is acknowledged and confirmed by the Dealer that Service Provider is fully dependent on the Dealer in respect of the data/information/documents required for providing services to the Dealer. It is further acknowledged and confirmed by the Dealer that the Service Provider has no mechanism to check the authenticity/accuracy of such data/information/documents, and therefore Service Provider shall not be responsible for any deficiency in services on account of wrong/incorrect data/information/documents provided by the Dealer to the Service Provider.

• It is agreed between the Parties that since the services are being provided by the Service Provider virtually therefore in the event of any delay/ deficiency of services on account of poor internet network, dealer’s non-cooperation, non-availability of the spare parts, and other FORCE MAJEOUR events including flood, Strike, Lock down, Earthquake, Government Holidays, riots etc, Service Provider shall not be liable for fine/penalty which might be imposed on the Dealer for non-compliance/delayed compliance/ failure to comply with PESO/OMC/Government regulations/guidelines.

• It is It is acknowledged and confirmed by the Dealer that all the services being carried out by the Service Provider is, for and on behalf of the Dealer, and the Service Provider shall be acting as an independent Consultant, and therefore Service Provider shall not be responsible for any acts or failure of the Dealer to follow the PESO/OMC/Government regulations/guidelines.

• Dealer shall make all the payment to the Service Provider through Bank Transfer/ UPI Transfer or in any manner as agreed between the Parties. Service Provider shall add applicable GST charges and raise invoice in the name of the Dealer. Payment shall be made within 10 days of receipt of the invoice. Any delay beyond this period shall entitle the Service Provider to charge interest @ 18% per annum.

• Dealer agrees to defend and indemnify the Service Provider against all suits, actions, penalties and liabilities that may arise from failure on the part of the Dealer to comply regulatory provisions/statutory guidelines as notified by OMC/PESO/Government Authorities from time to time.

• This agreement shall remain valid for a period of 1 year from the Signing Date, and may further be renewed for successive terms of I (One) year each unless terminated by Parties with prior 30 days written notice to the other Party. However, Service Provider shall be entitled to terminate this Agreement immediately in the event of non-receipt of the payment within the period/timeline stipulated in the invoice.

• Parties agree that all the disputes related to the services provided by the Service Provider under this agreement shall be the exclusive jurisdiction of Courts at Delhi.