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Document 2

This document is an agreement between Hoogmatic Advisory Private Limited and Prateek Gangwani, appointing him as a non-exclusive selling agent for the company's services. The agreement outlines the responsibilities, commission structure, and terms of termination, as well as confidentiality and non-compete clauses. It is governed by the laws of India and includes provisions for the return of company materials upon termination.

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prateek gangwani
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0% found this document useful (0 votes)
74 views9 pages

Document 2

This document is an agreement between Hoogmatic Advisory Private Limited and Prateek Gangwani, appointing him as a non-exclusive selling agent for the company's services. The agreement outlines the responsibilities, commission structure, and terms of termination, as well as confidentiality and non-compete clauses. It is governed by the laws of India and includes provisions for the return of company materials upon termination.

Uploaded by

prateek gangwani
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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1

AGREEMENT
COMPANY NAME: HOOGMATIC ADVISORY PRIVATE LIMITED

This agreement signed on 08.10.2024 and is for

PARTNER

Partner Name ID No. Aadhar Number PAN Number


Prateek Gangwani #DSA-116145 XXXXXXXXXXXX PANXX0000X

The consideration price (non-refundable) and the above agreement will be valid on
full and final payment received

This Agreement comes into force on the date of signing, and the tenure will be as licence
validity (Renewal) from the signing date. This agreement may be extended on the agreement of
both parties unless earlier terminated.

BETWEEN

HOOGMATIC ADVISORY PRIVATE LIMITED (from this point will be known as Loan
Lenders, a private limited company incorporated under the company’s act 2013, and having
its corporate office at H.NO-9&10 S/F, C-1 BLK RAMA PARK UTTAM NAGAR NEAR
METRO STATION DELHI New Delhi DL 110059 IN, hereinafter referred to as the
“Franchiser” which expression shall unless repugnant to the context or meaning thereof
include its successors and assigns of ONE PART.

And

Prateek Gangwani is a proprietor and having his/her office at B - 119 , Sector-23, Sanjay
Nagar, Ghaziabad 201002 .( Opposite Masjid near Bhagirath Public school ),
Ghaziabad , Uttar Pradesh: 201002, India and residence address at , , : , from now on
referred to as the “Partner” and “BCP” which expression unless repugnant to the context or
meaning thereof be deemed to include, legal representative, executors, administrators,
successors and permitted assigns of the other PART, each a party and collectively referred to
as parties.

1. Definitions

As used herein, the following terms shall have the meanings set forth below:

1. "Services" shall mean the Company's services to be sold by Partner and such services as
may be communicated by the Company in writing to the Partner from time to
2. "Territory" shall be allocated during time of engagement by the Company in writing to
the Partner. Any change in "Territory" shall be communicated by the Company in writing
to the Partner from time to

Address: H H.NO-9&10 S/F, C-1 BLK RAMA PARK UTTAM NAGAR NEAR METRO STATION DELHI New Delhi DL 110059 IN
Email: [email protected] Website: www.loanlenders.in Official No. +91-7669914776
2

3. Partner will have the title of "Partner."

2. Appointment

Company hereby appoints Partner as its non-exclusive selling agent for the services in the
territory, and Partner hereby accepts such appointment. Partner's sole authority shall be to
solicit customers for the services in the territory in accordance with the terms of this
agreement. Partner shall not have the authority to make any commitments whatsoever on
behalf of Company.

3. General Duties

Partner shall use his best efforts to promote the services and maximize the sale of the services
in the territory. Partner shall also provide reasonable assistance to Company in promotional
activities in the territory. Partner will assist the company by taking part in all promotional
events, use the marketing inputs judiciously for maximizing orders for the company.

4. Reserved Rights

Company reserves the right to solicit/engage other Agents, Partners directly from businesses
within the territory. Partner's task is to solicit customers from all potential businesses in the
territory.

5. Conflict of Interest

Partner warrants to Company that it does not currently represent or promote any Services that
compete with the Company's Services. During the term of this Agreement, Partner shall not
represent, promote or otherwise try to sell within the Territory any Services that, in Company's
judgment, compete with the Services covered by this Agreement.

6. Independent Contractor

Partner is an independent contractor, and nothing contained in this Agreement shall be


construed to

(i) give either party the power to direct and control the day-to-day activities of the other, (ii)
constitute the parties as partners, joint ventures, co-owners or otherwise, or (iii) allow Partner
to create or assume any obligation on behalf of Company for any purpose whatsoever. Partner
is not an employee of Company and is not entitled to any employee benefits. Partner shall be
responsible for paying all income taxes and other taxes charged to Partner on amounts earned
hereunder. All financial and other obligations associated with Partner's business are the sole
responsibility of Partner.

7. Indemnification by Partner

Partner shall indemnify and hold Company free and harmless from any and all claims, damages
or lawsuits (including reasonable attorney's fees) arising out of negligence or malfeasant acts
of Partner or misrepresentation or breach of any obligations under this agreement.

Address: H H.NO-9&10 S/F, C-1 BLK RAMA PARK UTTAM NAGAR NEAR METRO STATION DELHI New Delhi DL 110059 IN
Email: [email protected] Website: www.loanlenders.in Official No. +91-7669914776
3

8. Commission

A. Sole Compensation

The Company shall pay the Partner a commission at such rate as may be communicated by the
Company in writing to the Partner, for whole or part of the services hereto, based on the
Maximum Retailing Price of the product as fixed by the company on every new order. This
commission will be subjected to the relevant taxes as applicable. The Company reserves its
right to revise the rate of commission from time to time and the same shall be intimated to the
Partner in writing by the Company. (Through any mode verbal or written)

B. Basis of Commission

The Commission shall apply to all sales orders from customers solicited by Partner. (Customers
defined as an individual or a company who have bought the product/services from the Partner
for their own use.) No commissions shall be paid on (i) orders solicited directly by Company
within the Territory; (ii) orders received from outside the Territory unless otherwise agreed in
writing by Company. (iii) No commission will be paid to the Partner until 100% payment
pertaining to the order is received. The company reserves the right to change the commission /
prices on products as and when required.

C.Time of Payment

The commission on all PAID ORDERS shall be due and payable within ten (10) working
days after the Partner raises invoice.

D. Monthly Statements

The Partner shall submit to the company the monthly statements of commissions due and
payable to Partner under the terms of this Agreement.

9. Sale of the Services

A. Prices and Terms of Sale

Company shall provide Partner with copies of its current market price and this is subject to
change and the sole discretion of the same lies with the company, its payment schedules (may
very month to month), and all Rules and Regulations and other material available for sales
presentation and customer's information. Partner shall quote to Customers only those
authorized prices, payment schedules, and terms and conditions as informed by Company. The
services will be activated only after receipt of 100% payment pertaining to the order. The
company will not refund any money in part or in full after payment on order is once received.

B. Acceptance

All requests for service obtained by Partner shall be subject to acceptance by Company and all
quotations by Partners shall contain a statement to that effect. Partners shall have no authority
to make any acceptance or commitments to customers. Company specifically reserves the right

Address: H H.NO-9&10 S/F, C-1 BLK RAMA PARK UTTAM NAGAR NEAR METRO STATION DELHI New Delhi DL 110059 IN
Email: [email protected] Website: www.loanlenders.in Official No. +91-7669914776
4

to reject any request for service or any part thereof for any reason, Company shall inform
Partner of any written acceptances on commissionable applications/orders.

C.Collection

Full responsibility for collection of payment from customers rests with Partner. (If found guilty
or at any time it came to notice that documents are uploaded at the time of lead or at any time
in between the process were manipulated or are not OSV verified.)

D: Documentation

All documents after disbursal and before disbursal of loan id lie to the PARTNER Agent and his
responsibility is to complete the papers demanded by bank or NBFC or any other institution at
the time of filing the application or after sanction or after disbursal or at the time of pay-out.

E: Verification:

The file/lead which is generated by the PARTNER should be genuine and must be best to the
knowledge of PARTNER and all documents like KYC should be originally seen and verified.

F: Whistle Blower:

If at any time during the file/lead login or in process he came to know the intention of customer
which is doubtful in any respect he must blow the whistle to company and must inform in
written to the company.

10. Additional Responsibilities of Partner

A. Expense of Doing Business

Partner shall bear the cost and expense of conducting its business in accordance with the
terms of this Agreement. This would include salaries for the staff of the Partner who are
engaged in the business of selling the products of the Company, expenses related to
communications, telecommunication, mailing, conveyance and business entertainment if
required. The company will not entertain any reimbursement on any expense made by the
Partner other than the commissions.

B. Promotion of the Products

Partner shall make efforts to promote the sale of and stimulate demand for the Services within
the Territory by direct solicitation. In no event shall Partner make any representation,
guarantee or warranty concerning the Services except as expressly authorized by Company.
The Company will take care of all online promotions on their website and ensure lead
generations. Use of company logo, product logo, any advertising / promotion / marketing
activity conceived originally by the Partner should be first approved in writing by [Company
Name] before being implemented.

C.Agents & Customer Service

Address: H H.NO-9&10 S/F, C-1 BLK RAMA PARK UTTAM NAGAR NEAR METRO STATION DELHI New Delhi DL 110059 IN
Email: [email protected] Website: www.loanlenders.in Official No. +91-7669914776
5

Partner shall inform and assist customers on Company's Services, and shall perform such
additional customer services by e-mail, phone and fax, whenever needed, as good salesmanship
requires and as Company may reasonably request.

D. Books and Records

Partner shall notify Company of any Customer's complaints regarding either the Services or
Company and immediately forward to Company the information regarding those complaints.

E. Documents Orignal Seen and Verified

Partner shall and will perform duties while seeing all the documents of the customer and must
believe to his knowledge that all documents presented by the customer are showing the true
and fair view. Partner shall originally see and verify all documents presented by the customer,
if at any point the partner or BCP came to know that documents are manipulated then he/she
must inform to the company in written format and should take necessary actions to stop the
lead. The Orignal seen and Verified (OSV) duty is of the partner and BCP and should be
performed for the good cause and within the business ethics.

11. Additional Obligations of Company

A. Assistance in Promotion

Company shall, at its own expense, promptly provide Partner with marketing and technical
information, training concerning the Services, brochures, instructional material, advertising
literature, and other product data.

The portal for file login will be provided by the company and all training part will be take care
by the company.

B. Assistance in Technical Problems

Company shall, at its own expense, assist Partner and customers of the Services in all ways
deemed reasonable by Company in the solution of any problems relating to the Services.

C.New Developments

Company shall inform Partner of new Products or Services that are competitive with
Company's Products Services and other market information and competitive information as
discovered from time to time.

12. Trademarks and Tradenames

A. Use.

During the term of this Agreement, Partner shall have the right to indicate to the public that it
is an authorized Partner of Company's Services. Nothing herein shall grant Partner any right,
title, or interest in Company's Trademarks. At no time during or after the term of this
Agreement shall Partner challenge or assist others to challenge Company's Trademarks or the

Address: H H.NO-9&10 S/F, C-1 BLK RAMA PARK UTTAM NAGAR NEAR METRO STATION DELHI New Delhi DL 110059 IN
Email: [email protected] Website: www.loanlenders.in Official No. +91-7669914776
6

registration thereof or attempt to register any trademarks, marks or trade names confusingly
similar to those of Company.

13. Non-Compete

For a period of refer page 1 Table after the Partner is no longer in agreement with the
Company, the Partner will not, directly or indirectly, either as proprietor, stockholder, partner,
officer, employee or otherwise, distribute, sell, offer to sell, or solicit any orders for the
purchase or distribution of any products or services which are similar to those distributed, sold
or provided by the Company.

14. Term and Termination

A. Term

This Agreement shall commence on the date first written above.

B. Termination.

Either party to this agreement shall have the right to terminate this agreement with or without
cause with a thirty (30) days written notice to the other party.

C.Return of Materials.

All of Company's trademarks, trade names, data, photographs, literature, and sales aids,
customer related database of every kind shall remain the property of Company. Within five (5)
days after the termination of this Agreement, Partner shall return all such items to company.
Partner shall not make or retain any copies of any confidential items or information that may
have been entrusted to it. Effective upon the termination of this Agreement, Partner shall
cease to use all trademarks, marks and trade name of Company.

D. This agreement will be reviewed by the company after a period of 12 months* (as per
company BOD). Any Partner not performing to the full satisfaction of the company in terms of
securing new orders and company's policies is liable to be

Hoogmatic Advisory Private Limited reserved to right to change any of the terms and condition
without any prior notice.

15. Limitation on Liability

E. In the event of termination by either party in accordance with any of the provisions of this
Agreement, neither party shall be liable to the other, because of the termination for
compensation, reimbursement or damages on account of the loss of prospective profits or
anticipated sales or on account of expenditures or commitments in connection with the
business or goodwill of Company or Partner.

16. Confidentiality

Partner acknowledges that by reason of its relationship to Company hereunder it will have

Address: H H.NO-9&10 S/F, C-1 BLK RAMA PARK UTTAM NAGAR NEAR METRO STATION DELHI New Delhi DL 110059 IN
Email: [email protected] Website: www.loanlenders.in Official No. +91-7669914776
7

access to certain information and materials concerning Company's business plans, customers,
technology, and products/services that is confidential and of substantial value to Company,
which value would be impaired if such information were disclosed to third parties. Partner
agrees that it shall not use in any way for its own account or the account of any third party, nor
disclose to any third party, any such confidential information revealed to it by the Company.

Company shall advise Partner whether or not it considers any particular information or
materials to be confidential. Partner shall not publish any description of the Products/Services
beyond the description published by Company and without the prior written consent of the
Company. In the event of termination of this Agreement, there shall be no use or disclosure by
Partner of any confidential information of Company.

17. Governing Law and Jurisdiction

This Agreement will be governed by and construed in accordance with the laws of Republic of
India. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the
[High Court].

18. Entire Agreement

This Agreement sets forth the entire agreement and understanding of the parties relating to
the subject matter herein and supersedes any prior discussions or agreements between them.
No modification of or amendment to neither this Agreement, nor any waiver of any rights
under this Agreement to be done unilaterally and it shall be effective unless in writing signed
by the party to be charged.

19. Notices

Any notices required or permitted by this Agreement shall be deemed given if sent by certified
mail, postage prepaid, return receipt requested or by recognized overnight delivery service:

If to Company: H.NO-9&10 S/F, C-1 BLK RAMA PARK UTTAM NAGAR NEAR METRO
STATION DELHI New Delhi DL 110059 IN

20. Non-Assignability and Binding Effect

A mutually agreed consideration for Company's entering into this Agreement is the reputation,
business standing, and goodwill already honoured and enjoyed by Company under its present
ownership, and, accordingly, Partner agrees that its rights and obligations under this
Agreement may not be transferred or assigned directly or indirectly. Subject to the foregoing,
this Agreement shall be binding upon and insure to the benefit of the parties hereto, their
successors and assigns.

21. Severability

If any provision of this Agreement is held to be invalid by a court of competent jurisdiction,


then the remaining provisions shall nevertheless remain in full force and effect.

Address: H H.NO-9&10 S/F, C-1 BLK RAMA PARK UTTAM NAGAR NEAR METRO STATION DELHI New Delhi DL 110059 IN
Email: [email protected] Website: www.loanlenders.in Official No. +91-7669914776
8

22: Applicable Law

This agreement is governed by and constructed in accordance with the laws of India.

23:BCP terms and Conditions

This point will be only applicable to BCP Channel and the BCP agreement is signed seperately
otherwise it will be null and void.

1. BCP stands for Business Channel


2. If you are BCP, the commission will be paid by Loan Lenders as per the chart applicable
at the time of sale of a particular PARTNER by
3. Loan Lenders will allot the portal for tracking you your sales and orders deducted by
another PARTNER.
4. In case of any addition of channel partner made by you will be informed to Loan Lenders
and all payments will be made by another channel partner in Loan Lenders Advisory
Private Limited bank account and after that Loan Lenders will allot other Partner portal
and sign the agreement with him/her.
5. Loan Lenders Team will provide you leads by the mode which is applicable at that time,
any commitment or offer given for the sale will be first approved by Loan Lenders staff in
written
6. Any commission will be transferred to your bank account (if any) on or before 7th of the
following month.

24: Dispute Resolution and Jurisdiction

1. Any dispute, controversy or claims arising out of or relating to this Agreement or the
breach, termination or invalidity thereof, shall be settled by arbitration in accordance
with the provisions of the [Indian] Arbitration and Conciliation Act,
2. The arbitral tribunal shall be composed of three arbitrators, one arbitrator appointed by
Loan Lenders a second arbitrator appointed by “Franchisee” and a third arbitrator to be
appointed by such arbitrators. This Agreement has been executed on the date set forth
herein in two (2) copies of which the Parties have taken one
3. The place of arbitration shall be at Delhi for any award whether interim or
4. The arbitral procedure shall be conducted in the English language, and any award or
awards shall be rendered in English. The procedural law of the arbitration shall be
Indian
5. The award of the arbitral tribunal shall be final, conclusive and binding upon the Parties,
and the provisions of the [Indian] Arbitration and Conciliation Act, 1996 shall
6. The rights and obligations of the Parties under, or under, this Clause, including the
arbitration agreement in this Clause, shall be governed by and be subject to Indian law,
and the agreement shall be subject to the exclusive jurisdiction of the courts at

This Agreement has been executed on the date set forth herein in two (2) copies of
which the Parties have taken one each.

Note: this agreement is digitally signed via E-mail OTP.

Address: H H.NO-9&10 S/F, C-1 BLK RAMA PARK UTTAM NAGAR NEAR METRO STATION DELHI New Delhi DL 110059 IN
Email: [email protected] Website: www.loanlenders.in Official No. +91-7669914776
9

For HOOGMATIC ADVISORY PRIVATE LIMITED For

ANKIT ARODA Prateek Gangwani

(DIRECTOR)

This Agreement has been signed

Address: H H.NO-9&10 S/F, C-1 BLK RAMA PARK UTTAM NAGAR NEAR METRO STATION DELHI New Delhi DL 110059 IN
Email: [email protected] Website: www.loanlenders.in Official No. +91-7669914776

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