Service agreement regarding query

5 years ago

I have joined a company MB india
Which provide online work
For which they send me a agreement according to which i have to pay them 4900rs
Today according to their lawyer i have payed 5200rs
Now their lawyer is asking for more money otherwise they are saying that they will file case against me.whether i want to continue or not for both condition they are asking for money
In agreement it is not written to pay money more than 4900.

DATA MANAGEMENT OUTSOURCING AGREEMENT
This Agreement specifies the conditions applicable to an
arrangement for performing work from Home on a regular basis. The Agreement
becomes effective after all applicable documents have been online submitted
via Mail and approved.
The Associate agrees to remain accessible during designated work
period and understands that management retains the right to require the
employee to come into the regular online work-site when a business need
arises. In the event of equipment failure, loss of internet connection or
other system problems, client will report to the company helpline mail id,
until the problem is resolved unless otherwise directed.
This Agreement is made BETWEEN M.B INDIA SERVICES, having its
Register Office at W/74, Bhimnagar, Aurangabad, Maharashtra 431002. Here in
after referred to as first party.
And
Mr. or M/s Poonam Panwar residing at 3, Begal, P.O. Thadiyar, Wegal, Uttarkashi,
Uttarakhand - 249185.Herein after referred to as ‘the Party of the Second Part’)
Presently we are providing the business for form filling more meaningfully described
in the column Scope of Work, through their principals. AND WHEREAS the Business
Associate is engaged inter alias, in the business of providing a wide Spectrum of
online form filling & services. The Business Associate has acquired the necessary
expertise and developed the requisite skill base and infrastructure for successful
execution of Form Filling Projects.
This Agreement represents the business Agreement and operational
understandings between the parties and shall remain in effect for a period of ELEVEN
MONTHS from the date of execution hereof or from the date of providing the first
data whichever is later & can be extended for the period as mutually agreed upon,
for the purpose
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
BOTH PARTIES ARE MUTUALLY AGREE FOR THE FOLLOWING POINTS.
1. Main Purpose: The Original data will be available online on website provided by
M.B INDIA SERVICES at the time of signup. You are required to feed the provided data
field wise online as per the guidelines. Data supply and preservation of the output
file is done online on real time basis.
2. Compensation: For the Form Filling services rendered by the Business Associate,
they shall be entitled for payment of price 20RS (INR) per form (if you achieved
cut-off Above1350)
The Business Associate shall raise invoice after completion of work with the
data. The Client will pay each bill within maximum 5 international working days,
from the date of issue of Quality Check report. The Invoice can be raised through e-
mail. Q.C. report will be provided in 72 Hrs. International Working Days from the
date of submission.
3. Payouts: Client will provide workload of 1500 FORMS 10 days. This MOU has been
signed for 1 system.
The Client will make the payment for the billing within 5 INTERNATIONAL WORKING days
from date of raising the bill subject to the quality check report.
4. SERVICES: - Business Associate will get single id to work on and business
associate can work 24X7 on this id.
5. Time Period for work completion: you have 10 days (include holidays) to complete
the New work and Second Party has to send it to First Party. The First Party shall
give an accuracy report within 72 hrs. For the New Work, after submissions as per
technical specifications which are included in this agreement with accuracy
parameters
6. Client agrees to provide formats and other information for processing the job to
Business Associate at the time of providing the data.
7. Telecommunication cost applicable at each end shall be borne by the respective
parties.
8. Business Associate will execute the data processing work provided by Client
through experienced persons in such manner so as to carry out the work efficiently
at minimum of 90% accuracy for out files.
If you want Extra days to complete the project than you need to pay extension amount
to the company.
9. This agreement represents the business Agreement and operational understandings
between the parties and shall remain in effect for a period of Eleven months from
the date of execution hereof. The clients' specifications in terms of quality and
other parameters that shall be issued by the Client/their principals from time to
time and acknowledged by the Business Associate shall be read with this agreement.
10. Termination Clauses: - If you fail to submit data on time or, If fails to give
accuracy in output files. Company reserves the right to terminate the agreement with
immediate effect. And M.B INDIA SERVICES will not be responsible for any further
data and payment to the Business Associate.
? If company found that there are multiple logins of a single I.D., The company
will not be responsible for the corruption of the data in both online and
offline modules. And your I.D. will get terminated without any intimation. If
we find any 2 login/ logout together, 2 IP address without login/ logout,
browser upgrade/ degrade without login / logout then ID will be terminate
without any prior intimation.
? If any kind of malfunctioning found in the work then company reserved right to
take trail of your work for a day.
? If you break the company rules & regulations means your id is get terminate,
company will not do any financial transaction with you.
? You have to complete all the 1500 forms and submit it while doing
submission.Then only submission will be successfully done.
11. No modification of the terms of this AGREEMENT shall be valid unless it is in
writing and signed by all the parties.
12. Force Majeure: If the rendition of the Form Filling Services is hampered due to
earthquake, flood, tempest, civil riots or Act of God then the Business Associate
shall be absolved of its obligations hereunder till normalcy is restored after the
cessation of the aforementioned contingencies. The Business Associate shall likewise
be absolved if rendition of the services is hampered due to a strike called by the
date entry operators engaged by the Business Associate, violence or political
turbulence or for any other reason of a similar nature, which is beyond the control
of the Business Associate.
13.Severability: Unenforceability of any provision of this Agreement shall not
affect any other provisions herein contained; instead, this Agreement shall be
construed as if such unenforceable provision had not been contained herein.
14.Variation: Except as otherwise expressly provided in this Agreement, this
Agreement may not be changed or modified in any way after it has been signed, except
in writing signed by or on behalf of both of the parties.
15. Dispute Resolution & Jurisdiction: In the event of any dispute or difference
arising between the parties hereto relating to or arising out of this Agreement,
including the implementation, execution, interpretation, rectification, validity,
enforceability, termination or rescission thereof, including the rights, obligations
or liabilities of the parties hereto, the same will be adjudicated and determined by
arbitration. The Indian Arbitration & Conciliation Act, 1996 or any statutory
amendment or re-enactment thereof in force in India, shall govern the reference.
Both parties shall appoint their respective arbitrator, and both arbitrators thus
appointed should appoint the third Arbitrator who shall function as the presiding
Arbitrator. The venue of arbitration shall be Aurangabad, Maharashtra. The Courts in
the city of Aurangabad shall have exclusive jurisdiction to entertain try and
determine the same.
16. Both the parties hereby agree neither to Circumvent or nor to disclose the
identities, Information as well as the essence of the project etc of each
other’s/Principals, clients etc. to any other Third party and neither of us will
approach each other’s contracts as identified from time to time.
You have to complete all the forms and submit it while doing submission. Then only
submission will be successfully done.
PROMISARY NOTE
No initial payment is required to pay at the booking time but you must have to pay
Rs. 4900/- amount for utility and maintenance on following grounds.
(A) In the matter of fact failure, not submitted or succeed company is entitled to
receive amount by any cost. If you achieve the accuracy which mentioned above, then
Utility charges will be deduct from your work payment and if you fail to achieve
accuracy in given timeline, then also you have to pay as a liability which describe
above.
(B) This charges related to service, development and maintenance cost of the
platform where you working online.
(c) If you deny paying the said amount then company will take this matter legally &
all the legal expenses will be bear by your side, company is not liable for the
same.
Required Accuracy by the company:
You must have to provide 90% accuracy in form filling work for 1500 forms in 10
days.
Viz Cut off forms are 1350 (In Total) –for full payment
Below cut off – you are not qualified for payment & id will be terminating by server
side.
If client makes any mistake in a form that form will be rejected, likewise client
have to maintain cut off or accuracy.
IN WITNESS WHEREOF the parties hereto have executed these presents on the date
hereinbefore written: Poonam Panwar
I hereby affirm by my signature that I have read this Work from Home Agreement, and
understand and agree to all of its provisions. The Work from Home Agreement itself
is not a contract of employment and may not be construed as one. I understand that
I am accountable to all previous confidentiality agreements, policies and procedures
of the company. I have read a copy of the Work from Home Policy.
I understand all the rules & regulations which are mentioned in agreement and I am
ready to do work with M.B INDIA SERVICES
Client: Business Associate:
For M.B INDIA SERVICES For Poonam Panwar