SERVICE AGREEMENT

This Agreement is made and executed on this[date] day of [month], [year] by and between: M/s.Litmus Creations, having its office at[office address], Chandigarh represented by its partner, Mr. SiddhantKapoor (Hereinaftercalled as the "FIRST PARTY" which term shall mean and include all its successors-in-interest, executors, assigns, etc., of the ONE PART) AND [Business Name].,situated at [address], India represented by its [designation], [name] (Hereinafter called as the "SECOND PARTY" which term shall mean and include all its successors-in-interest executors, assigns, etc., of the OTHER PART) WHEREAS the First Party is engaged in the business of an online portal under the name and style of LocalMistri.com which functions as a platform for professionals of the like of carpenters, plumbers, electricians repairmen and other professionals of like nature to offer their services to entities/individuals who are in the need of the same. WHEREAS the Second Party has a business of providing plumbing/carpenting/electrical repair services or other services of like nature. WHEREAS both the parties by mutual consent have agreed that the services of the second party shall be offered on the website, as aforementioned, to users who "log onto" the website and look for the desired services. This arrangement shall be governed by the terms and conditions set herewith. That this agreement shall be valid for a period of [time]starting from [start date]up to [end date] and could be renewed as per the mutual interest and consent of both the parties.

NOW THEREFORE THIS AGREEMENT WITNESSES AS UNDER:


Introduction


1. That the second party, or its agents, verified, shall provide their services to users on the website of the first party under the name and style of Litmus Creations.com.
2. That the first party shall be involved only to the extent of "providing" client leads to the second party, in any manner as the first party may deem prudent.
3. That this agreement may be terminated by the second party with a written notice of 10 working days. The agreement maybe terminated by the first party at anytime without ascribing any reason for the same.
4. The second party shall only be permitted to send the agents, employees or other individuals of like nature, who have been verified by Litmus Creations. Litmus Creations may prescribe the method of verification as per their own requirements and the second party shall be bound by the same.


Terms of Service


5. The second party shall make themselves available for the work so provided by the first party at the appropriate time and place. No delay or rescheduling of appointment without a prior notice of 30 minutes shall be permitted.
6. The second party shall ensure that the repairperson going for the task so given to him, shall present himself in the designated uniform with relevant Employer ID Cards, and a Government ID proof.
7. The repairperson shall present the Employer ID Card and the Government ID card if so desired by the customer/client/lead.
8. The repairperson shall carry the designated billbooks and relevant stamps with him when he/she goes to perform the work so allotted to him.
9. Any erroneous billing or lack of billing by the repairperson shall entail a full refund to the client, and a fine imposed by Litmus Creations, as they deem fit. Moreover Litmus Creations reserves the right to terminate this contract owing to this mistake without offering any refund of the money paid prior.
10. The relevant uniform, ID Card and other relevant materials shall be the property of Litmus Creations and should be handed back to them within a period of 3 days after the termination of this contract during which the same shall not be used by the second party.
11. The second party shall provide an undertaking to the effect that their employees, agents, partners or any other relevant person going to perform the work does not have any criminal records with any law enforcement authority within the Union of India.
12. The first party in no manner shall account for the veracity of the "leads" so provided and any loss arising out of the same shall be the responsibility of the second party.
13. The first party in no manner whatsoever shall be responsible, for any injury, in contract or in tort, suffered by the second party, or their agents, employees and other individuals working in like nature, during the course of the work.
14. The second party shall provide a "replacement guarantee" of 7 days from the date of first repair. On failure of provision of any follow-up repair services within a period of 7 days, the first party shall arrange alternative repairperson for the job, the cost of which shall be borne by the second party. The first party reserves the right to terminate the contract on the grounds of non-provision of follow-up replacement services.
15. The second party shall assume all responsibility for any physical damage caused, while working, and shall be responsible for compensating the client for the same. The assessment of loss and damage, and any payment thereon shall be theresponsibility of the second party. The first party shall not be responsible for any loss, damage or assessment and estimation of the same.
16. The second party immunes the first party from any injury caused, in contract or in tort, to the second party, as a result of the physical interaction with the client.
17. The second party shall be responsible for an injury caused to the second party, or their agent, during transit to the place mentioned by the client.
18. The second party shall be responsible for any injury or damage, of any nature whatsoever caused to the clients property or to the client in the course of providing the desired service to them.
19. The second party shall be responsible for any loss, damage or injury, of any nature whatsoever,to the client, in person, and his property as a result of any deficient service provided by the second party. In no manner, whatsoever would the first party be liable for any claim of like nature.
20. The second party shall be responsible for any loss, damage, or injury that occurs to the client, in person or his property, at any point of time after the service has been rendered to the client. In no manner whatsoever, would the first party be liable for any claim of like nature.
21. In any case and manner, whatsoever shall the payment received by the first party, be used as a grounds for holding the first party liable for any act or deficiency in service of the second party.
22. In any case where an "actionable claim" arises from the second party towards the first party, and the same is executed by way of sale, the acquiree of the actionable claim shall have the same position in law as that of the second party.


Pricing and Payment

23. With respect to any service so provided to any client by the second party, 20% (Twenty Percent) of the whole service charge (exclusive of costs with respect to any parts or spares used) charged by the repairperson and the associated service tax shall be charged by the first party for the services so provided by them.
24. The payment shall be collected by the second party, in physical form, from the client. The payment shall not be changed in any manner from what was stated on the website at the time of the client placing his order.
25. The payment shall be collected by Litmus Creations, or their agents, prior to providing the repairpersons with the "leads". The fees, at the rates aforementioned, shall be deducted from this amount, as the repairperson continues to render his services to different leads.
26. Any failure by the second party, to pay, after the 2nd day of the 10 day interval shall attract a fine of Rs 100/-
27. The liability under clause 18 maybe waived off by the first party at their own discretion.
28. In case of lapse of payment by the client, the second party shall not hold the first party liable for reimbursement of the same.


Privacy

29. That no personally identifiable information of the First Party or its customers or its associates available with the Second Party shall ever be communicated or sold to any third party by the Second Party.
30. That the Second Party acknowledges not to disclose any trade secrets and such other confidential information to any third party, without a written consent from the First Party.
31. The first party may retain, any information, of whatsoever nature, with respect to the services provided by the second party with them which shall not be disclosed at the behest of the second party or at the behest of any third party.


Enforcement

32. Notices and other communications under the agreement shall be in writing or in print by telex, speed post, fax or by through their respective servers or by any other mode mutually agreed upon from time to time addressed as indicated in description of parties above.


Termination

33. Either of the Parties may opt out of this agreement with 10 days notice.
34. In case either of the Parties is not able to serve the 10 days notice period, the violating party shall be liable for any loss occurring.
35. Limitation of Liability: (i) in no event shall either parties be liable for any special, indirect, consequential, exemplary or incidental damages, however caused, arising out of or relating to this Agreement (ii) The aggregate liability of either party for damages under this Agreement, regardless of the form of the action and whether in contract or in tort, including negligence, shall be limited to the aggregate share of the revenues paid / received during the previous 12 month period.


Jurisdiction

36. That this agreement shall be construed and governed by the laws of India.
37. That the Civil Courts in Chandigarhshall have exclusive jurisdiction for matter relating to this Agreement including Arbitration Proceedings.
38. That such dispute claim or controversy between the Parties relating to this Agreement and/or arising out of this Agreement transaction shall referred to the Sole Arbitrator to be appointed by the first party failing which the same would be appointed by the Court in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and Rules made there under. The Decision of Arbitrator shall be final and binding on the both Parties.
39. That the Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 and the Venue of Arbitration shall be decided by the first party.
40. That all the rights and obligations of both the parties will continue during the period of arbitration subject to the terms of this Agreement.
IN WITNESS WHEREOF the parties have put their hands on the day and year first hereinabove written.
WITNESS:
1. (Full Name)
2. (Full Name)
First Party (Litmus Creations)
Second Party [__________]