For Builder

The CONSTRUO NETWORKING PORTAL PVT LTD is a private limited company registered under the Companies Act, 2013 carries its networking the business under its brand name “Builder’s Network”. (Hereinafter referred to as the “COMPANY”)

WHEREAS

  1. YOU desire to avail services as mentioned in “Annexure B”.
  2. YOU desire to appoint RSSQUARZ TECH SOLUTIONS PVT LTD to provide Services as mentioned in “Annexure B” carrying out its business activity/ies.
  3. In consideration of providing all kinds of services required for carrying out your business activity/ies, YOU agree to pay the ‘Subscription Fee’ as agreed in “Annexure B”.
  4. YOU hereby agree that the details given by you in Annexure A are true and correct.
  5. YOU are hereinafter referred to as the “BUILDER/ OWNER”.

 

  • TERM AND TERMINATION
    1. The Term of this Agreement shall be term as agreed in “Annexure B”.
    2. It is expressly agreed by the “BUILDER/ OWNER” that, upon the expiry of ‘Term’ or earlier termination this Agreement, Agreement may be renewed for further period, as may be mutually agreed. A separate fresh Agreement shall be executed for such renewed period.
    3. The Company shall terminate this Agreement effective immediately in the event of:
      1. Insolvency, bankruptcy of OWNER/BUILDER or dissolution of OWNER’S/BUILDER’S entity;
      2. In case if you are an individual, in the death or incapacity of OWNER/BUILDER.
  • Any actual or attempted assignment to a third party by the OWNER/BUILDER of this Agreement or any of its duties or obligations hereunder without prior written consent of the COMPANY;
  1. Any breach or threatened breach by the OWNER/BUILDER of any provision of this Agreement;
  2. Any misrepresentation made by the OWNER/BUILDER to the COMPANY.
  1. Upon expiration or earlier termination of this Agreement
    1. The OWNER/BUILDER shall immediately discontinue all representations or statements from which it might reasonably be inferred that any relationship exists between the OWNER/BUILDER and the COMPANY.
    2. Both the PARTIES agree not to act in any way to damage the reputation of the other party’s services, and

 

  • TYPES OF SERVICES
    1. During the ‘Term’ of this Services Agreement, the COMPANY will try to provide, Vendors required for carrying out business activity/ ies.
    2. The COMPANY shall provide only reference of such Vendors and their details such as Name, Address, Contact No. and E Mail ID etc. and the COMPANY shall not be held responsible for any further requirement.
    3. The COMPANY shall not be held responsible for any defaulting act of the such Vendors. If in case any dispute arises with respect to the performance, negligence or wrongful act of the such Vendor the COMPANY shall not be responsible for wrongful act/ performance.

 

  • PAYMENT TERMS
    1. The BUILDER/ OWNER agrees to pay as per the Annexure B.
    2. The BUILDER/ OWNER agrees to make all the payments vide cheque drawn on the COMPANY or RTGS/ NEFT. The COMPANY shall provide agreed Services (as mentioned in “Annexure B”) only after the receiving entire agreed consideration.
    3. If the BUILDER/ OWNER fails to make the payment to the COMPANY within stipulated time as mentioned herein, the COMPANY shall take appropriate legal action against the BUILDER/ OWNER as per applicable laws.
    4. Refund facility with respect to any payment shall not be available to the BUILDER/ OWNER.

 

  • LIMITATION OF COMPANY’S LIABILITY

The COMPANY will not be liable to OWNER/ BUILDER with respect to this agreement except in the event of COMPANY’S gross negligence or willful misconduct in providing its services. The COMPANY will not be liable for consequential, incidental, special or indirect loss or damage of any kind.

 

  • OWNERSHIP OF TRADEMARKS

If the COMPANY, in the course of providing its services hereunder, acquires any goodwill in any of the Marks, all such goodwill will automatically vest in the COMPANY and the BUILDER/ OWNER shall take all such actions or execute any documents necessary to make effective such vesting. The BUILDER/ OWNER shall not contest the validity of any of the Marks or COMPANY’s exclusive ownership of the Trademarks. The BUILDER/ OWNER shall not adopt, use, or register, whether as a corporate name, trademark, service mark or other indication of origin, any of the Trademarks, or any word or mark confusingly similar to the Marks in any jurisdiction.

 

  • OTHER TERMS
    1. The COMPANY shall provide its services during business hours only and on week days only.
    2. If COMPANY fails/ and or any delays made in providing Services on time to the BUILDER/ OWNER due to any technical issue/s, the COMPANY shall not be held responsible for the same.
    3. The BUILDER/ OWNER shall not hire/ employee or make any business agreement with any person/ persons who are in employment of the COMPANY, failure to which COMPANY reserves the right to terminate this Agreement.

 

  • FORCE MAJEURE

Neither PARTY shall be responsible for, nor shall either PARTY be considered in breach or default of this Agreement, on account of any failure to perform or delay in the performance of any obligation hereunder caused by an act of God, flood, fire, storm, earthquake, war, act of terrorism, insurrection, riot, labour disturbance (including strike and lockout), equipment malfunction, computer hacker, cut wire or fiber, governmental regulation or interference or other events not within the reasonable control of such PARTY and which such PARTY is unable to overcome by the exercise of reasonable diligence.

 

  • WAIVER

Each PARTY agrees that any delay or omission on the part of the other PARTY to excuse any right under this ‘Service Agreement’ shall not be deemed as a waiver of such right or any other right and waiver of any right by the other PARTY hereunder.

 

  • ENTIRE AGREEMENT

This Agreement and the Schedule attached hereto constitute the entire agreement between the PARTIES to this Agreement pertaining to the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the PARTIES and there are no warranties, representations or other agreements between the PARTIES in connection with the subject matter of this Agreement except as specifically set forth herein.

 

  • AMENDMENTS

Any change, amendment, modification or variation whatsoever in the terms and conditions of this Agreement shall be carried out with mutual consent of the both the PARTIES and the shall be duly signed by the both PARTIES.

 

  • SEVERABILITY

The PARTIES hereto agrees that if at any time, any of the terms, conditions and/ or provisions of this Agreement is declared to be invalid or unenforceable to any extent under the applicable laws or under direction or orders of any judicial or other competent authority, the validity or enforceability of the remaining terms, conditions and provisions of this Agreement shall not be impaired and this Agreement shall continue to be valid to the fullest extent permitted by law, construed as if it had been executed without such invalid or unenforceable terms, conditions or provisions.

 

  • BINDING EFFECT & SURVIVAL

This Agreement shall be binding on and inure to the benefit of the PARTIES hereto and their permitted successors and assigns. All obligations by either PARTY which expressly or by their nature survive the expiration or termination of this Agreement shall continue in full force and effect.

 

  • COUNTERPART

This Agreement may be executed in two or more counterpats, each of which shall be deemed to be an original, but which taken together shall constitute one and the same instrument.

 

  • HEADINGS

The paragraph and section headings contained in this Agreement are for convenience of reference only and shall not affect the meaning or interpretation of this Agreement.

For Advertiser

The CONSTRUO NETWORKING PORTAL PVT LTD is a private limited company registered under the Companies Act, 2013 carries its networking the business under its brand name “Builder’s Network”. (Hereinafter referred to as the “COMPANY”).

WHEREAS

  1. YOU desire to advertise/ publish the Goods, Services, Business / Professional Activity/ies as mentioned in “Annexure B” through Builder’s Network.
  2. The ADVERTISER hereby appoints the COMPANY to advertise/ publish Services of the ADVER TISER, upon the terms and conditions set out in this Agreement and terms of Annexure B.
  3. In consideration of benefits/payment agreed by YOU as mentioned in Annexure B, COMPANY agree to advertise/ publish agreed said services. HOWEVER, YOU agree that Builder’s Network is merely a medium which connects general public with ADVERTISER’S goods and services listed on Builder’s Network Platform however at the same time COMPANY does not intend to guarantee any business to such ADVERTISER/S.
  4. YOU agree that the COMPANY’S appointment hereunder is non‐exclusive and COMPANY retains the right to offer the same or additional or alternate services through different ADVERTISER/S.
  5. YOU hereby agree that the details given by you in Annexure A are true and correct.
  6. The end users of the Service are Persons/Company who may want to purchase goods / avail services and are seeking information about the Vendors of such goods and services. They are referred as “USERS” in this Agreement.
  7. YOU are hereinafter referred to as the “ADVERTISER”.

 

  1. TERM AND TERMINATION OF AGREEMENT
    • The Term of this Agreement shall be term as agreed in “Annexure B”.
    • It is expressly agreed by the “ADVERTISER” that upon the expiry of Term or earlier termination this Agreement, Agreement may be renewed for further period, as may be mutually agreed. A separate fresh Agreement shall be executed for such renewed period.
    • The COMPANY shall terminate this Agreement effective immediately in the event of:
      • Insolvency, bankruptcy of ADVERTISER or dissolution of ADVERTISER’S entity;
      • In case if you are an individual, in the death or incapacity of ADVERTISER.
      • Any actual or attempted assignment to a third party by the ADVERTISER of this Agreement or any of its duties or obligations hereunder without prior written consent of the COMPANY;
      • Any breach or threatened breach by the ADVERTISER of any provision of this Agreement;
      • Any misrepresentation made by the ADVERTISER to the COMPANY.
    • Upon expiration or earlier termination of this Agreement:
      • Both the PARTIES shall immediately discontinue all representations or statements from which it might reasonably be inferred that any relationship exists between the ADVERTISER and the COMPANY.
      • Both the PARTIES agree not to act in any way to damage the reputation of the other PARTY’S services, and
      • The COMPANY shall cease to advertise/ publish for any of the Services of the ADVERTISER.

 

  1. ENQUIRIES
    • The enquires obtained by the COMPANY on behalf of the ADVERTISER are to be submitted to the ADVERTISER from time to time.
    • The ADVERTISER shall provide the COMPANY with reasonable written notice of any such change in its Services, rates at least 15 (Fifteen) days prior to the effective date of such change.
    • The COMPANY shall give information about the USER/S i.e. Full Name, Address, E-mail address and telephone number (b) type of Service/s USER/S desire/s to avail by the ADVERTISER.

 

  1. SUBCRIPTION AND PAYMENT TERMS
    • The COMPANY will provide only the information about the Users to the ADVERTISER. ADVERTISER agrees and acknowledges that Builder’s Network does not guarantee any business to the Advertiser and is merely a medium through which information is made available to the general public.
    • The ADVERTISER agrees to pay a non-refundable Listing Fee for the Services, which shall be advertise/ publish by Builder’s Network. The (“Listing Fee”) shall be paid by the Advertiser.
    • The ADVERTISER agrees to make all the payments vide cheque drawn on the COMPANY or RTGS/ NEFT. The COMPANY shall provide agreed Services (as mentioned in “Annexure B”) only after the receiving entire agreed consideration.
    • If the ADVERTISER fails to make the payment to the COMPANY within stipulated time as mentioned herein, the COMPANY shall take appropriate legal action against the ADVERTISER as per applicable laws.

 

  1. NO GUARANTEE OF BUSINESS

The COMPANY does not guarantee that enquiries/leads will be generated by it for the ADVERTISER or that any of such enquiries/leads will be converted into business for the ADVERTISER. Builder’s Network is a platform which connects ADVERTISERS and general public.

 

  1. OTHER TERMS
    • The COMPANY shall provide its services during business hours only and on week days only.
    • If COMPANY fails/ and or any delays made in providing Services on time to the ADVERTISER due to any technical issue/s, the COMPANY shall not be held responsible for the same.
    • The ADVERTISER shall not hire/ employee or make any business agreement with any person/ persons who are in employment of the COMPANY, failure to which COMPANY reserves the right to terminate this Agreement.

 

  1. INDEMNIFICATION
    • ADVERTISER shall indemnify and hold harmless Builder’s Network, its affiliates, directors, officers, agents and employees from loss, or damage including attorney’s fee, arising from any claim asserted by any third party including any User due to or arising out of any action or inaction of Advertiser, its employees or agents, including but not limited to, intellectual property claims, any claims pertaining to incorrect or false information about the ADVERTISER that was provided to COMPANY and any claims including but not limited to the quality or usefulness of the products or services of the ADVERTISER.

 

  1. PROPRIETARY RIGHTS
    • All applicable copyrights, trade secrets, trademarks, patents and other intellectual property rights of respective PARTIES is their exclusive property and neither PARTY can claim other PARTY’S intellectual property copyrights, trade secrets, patents and other intellectual property.
    • If the COMPANY, in the course of performing its services hereunder, acquires any goodwill in any of the Marks, all such goodwill will automatically vest in the COMPANY and the COMPANY shall take all such actions or execute any documents necessary to make effective such vesting.

 

  1. LIABILITY
    • The ADVERTISER shall provide its Services to the USERS with diligence.
    • Neither PARTY shall be liable for other PARTY’S gross negligence or willful misconduct in providing its respective services.
    • The Company shall not be held responsible for any defaulting act of the USER. If in any case dispute arises with respect to the performance, negligence or wrongful act of the such USER, the COMPANY shall not be responsible for wrongful act/ performance. The ADVERTISER is at liberty to take appropriate legal action against the said wrongful act.
    • It is hereby declared that COMPANY shall not be liable for authenticity of the USER AND does not verify the identity of the USER of the Service and that the information provided to ADVERTISERS is the information received from the USER and will not be independently verified by the COMPANY.

 

  1. NOTICES
    • Any notice required or permitted to be given hereunder will be sent to the addresses or facsimile numbers of the PARTIES as set forth in this Agreement, unless either PARTY notifies the other in writing of a change of address or facsimile number.

 

  1. ASSIGNMENT

Neither this Agreement nor any of the rights, duties or obligations of the COMPANY hereunder shall be assignable by the COMPANY without the prior written consent of ADVERTISER, which may be withheld in ADVERTISER’s sole and absolute discretion.

 

 

  1. FORCE MAJEURE

Neither PARTY shall be responsible for, nor shall either PARTY be considered in breach or default of this Agreement, on account of any failure to perform or delay in the performance of any obligation hereunder caused by an act of God, flood, fire, storm, earthquake, war, act of terrorism, insurrection, riot, labor disturbance (including strike and lockout), equipment malfunction, computer hacker, cut wire or fiber, governmental regulation or interference or other events not within the reasonable control of such party and which such party is unable to overcome by the exercise of reasonable diligence.

 

  1. ENTIRE AGREEMENT

This Agreement and the Form attached hereto constitute the entire agreement between the Parties to this Agreement pertaining to the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the Parties and there are no warranties, representations or other agreements between the parties in connection with the subject matter of this Agreement except as specifically set forth herein.

 

  1. AMENDMENTS

Any change, amendment, modification or variation whatsoever in the terms and conditions of this Agreement shall be carried out with mutual consent of the both the PARTIES and the shall be duly signed by the both PARTIES.

 

  1. SEVERABILITY

The PARTIES hereto agrees that if at any time, any of the terms, conditions and/ or provisions of this ‘Agreement’ is declared to be invalid or unenforceable to any extent under the applicable laws or under direction or orders of any judicial or other competent authority, the validity or enforceability of the remaining terms, conditions and provisions of this ‘Agreement’ shall not be impaired and this ‘Agreement’ shall continue to be valid to the fullest extent permitted by law, construed as if it had been executed without such invalid or unenforceable terms, conditions or provisions.

 

  1. BINDING EFFECT & SURVIVAL

This Agreement shall be binding on and inure to the benefit of the PARTIES hereto and their permitted successors and assigns. All obligations by either Party which expressly or by their nature survive the expiration or termination of this Agreement shall continue in full force and effect.

 

  1. COUNTERPART

This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original, but which taken together shall constitute one and the same instrument.

 

  1. HEADINGS

The paragraph and section headings contained in this Agreement are for convenience of reference only and shall not affect the meaning or interpretation of this Agreement.

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