Company Agreement Cloud Developers
Company Agreement Cloud Developers
SERVICES
Between
1
And
WHEREAS
1. CONSIDERATION :
2
1.2 The said Fees of 2% of the draw down value of the facilitation
amount shall be payable within 24(Twenty Four) hours of the initial
receipt of the swift to the company’s bank account as specified in the
Pro- Forma Invoice.
Payable on
Amount
On Swift Message to the Bank as per the
Pro-Forma Invoice for the issuance of the
9%
BG Instrument to the beneficiaries’ bank
(100% of the face value of the
account on authentication and verification
instrument)
by the beneficiary bank within 24(Twenty
Four) banking days.
2.1 This Agreement shall commence on the date first written above
and shall remain in full force and effect for 7(Seven) days from the
Effective Date hereof, unless terminated by any party hereby upon
not less than thirty 7 (Seven) days without any prior written notice to
the other party. However, in case of breach of the covenants of this
Agreement by either Party, the other Party may terminate this
Agreement upon expiry of fifteen 7 (Seven) days from the date of the
3
termination notice if within the said Seven (7) days the breach could
not be remedied.
(a) Each has full power and authority to enter into this Agreement;
(b) As of the Effective Date and at all times throughout the term, it has all
consents, approvals, licenses and permissions, necessary to perform
all of its obligations hereunder and to exercise all of its rights
hereunder;
(d) it shall not disclose any information disclosed by one Party to the
other Party during the term of this Agreement either directly or
indirectly in writing or orally including without limitation, documents,
business plans, source code documentation, financial analysis,
marketing plans, customer names, customer list and customer data
(“Confidential Information”) to any third party, for any purpose
except to evaluate and engage in discussions concerning the potential
investment and to the extent necessary for the performance of its
obligations under this Agreement. Immediately upon termination and
in any event within 15 days of the termination of this Agreement, each
Party shall (a) return all the Confidential Information to the other
Party or to such other person as may be authorized by a Party in this
behalf; or (b) if authorized by a Party, destroy all the Confidential
Information in a manner as may be suggested by the Party to ensure
that no such information or material can be used in future by any
person.
4. MISCELLANEOUS CLAUSES :
4
employer-employee, partnership, joint venture or any other common
enterprise. The Facilitator shall be responsible for payment of all
applicable taxes including income and service taxes arising out of
Facilitator's activities in accordance with this Agreement. Neither
Party shall have the authority to bind the other Party to or assume,
enter into, or act on behalf of the other Party for any obligation,
engagement or act. Each investor procured by the Facilitator will
contract directly with the Company on an individual engagement
basis, and acknowledge in writing the services provided by the
Facilitator.
1.1 If any provision of this Agreement is held to be invalid, illegal or
unenforceable, in whole or in part, such invalidity shall not affect any
other valid provision and all other valid provisions shall remain in
full force and effect.
4.2 This Agreement sets forth the entire understanding between the
Parties hereto with respect to the matters contemplated hereby. Any
and all prior oral and written agreements and understandings with
respect to the matters set forth herein between the Parties are
hereby superseded. This Agreement cannot be amended, modified or
supplemented in any respect except by a subsequent written
agreement entered into by both the Parties.
4.3 In the event of any dispute concerning the quantum of any money
due or payable by the Company to the Facilitator under this
Agreement which cannot be otherwise amicably resolved, the same
shall be referred to arbitration under the Arbitration and
Conciliation Act, 1996.
4.4 It is understood that the Facilitators would work on this
assignment on best efforts basis.
5
IN WITNESS WHEREOF the parties hereto have executed this Agreement
as of the date first above written.
Witness :
1)
Sukhbir Singh
2)