Vendor Terms and Conditions

Service Level Agreement

1. This Agreement is made BETWEEN:


FIRST PARTY/”SERVICE PROVIDER” as per the details (Authorized Person Name, Registered Business Name (if any), Phone Number, Address details) submitted online by FIRST PARTY/”SERVICE PROVIDER”
AND
SECOND PARTY/”QMK” –
Quotemykaam Business Services LLP (Limited Liability Partnership), “QMK”
House No. 61, Sector 52, Ardee City, Gurgaon


(Hereinafter referred to, individually, as the “PARTY” and collectively, as the “Parties”; the expression shall mean and include their respective successors and assignees)

On the day of online registration by FIRST PARTY/”SERVICE PROVIDER” on SECOND PARTIES/”QMK” Website www.quotemykaam.com

2. The FIRST PARTY/”SERVICE PROVIDER” agrees that they are in the business of providing services as mentioned at the time of online registration to Customers and have necessary skill sets, are authorized legally and have all government, Industry & service licenses (where applicable) required to operate.



i. It is clarified that SECOND PARTY/”QMK” is only a facilitator and acts as a platform for the interaction between the SECOND PARTIES/”QMK” Customers and FIRST PARTY/”SERVICE PROVIDER” in the business of providing services mentioned at the time of online registration on – “www.quotemykaam.com/” or any service booked by user through Quotemykaam.com platform.
Quotemykaam Business Services LLP (Limited Liability Partnership), “QMK” is in the business of providing online solutions. www.quotemykaam.com (‘website’) is an online service marketplace to connect customers who come to hire local businesses for services they seek.



The following statement discloses the terms of use of “QMK”. By using, browsing, accessing, viewing, transmitting, caching or storing, completing the user registration process on any site owned and operated by “QMK”, you (‘User’), unconditionally agree to the legal statement (‘Terms of Use’), Privacy Policy, and all applicable laws governing its use ( ‘Agreement’) and the user agree to be bound by these terms and conditions.



FIRST PARTY/”SERVICE PROVIDER” is advised to check this page periodically for updates, as the User’s continued use of the website signifies his / her acceptance of any changed terms. Quotemykaam reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and Quotemykaam will post notice of the changes and the amended Terms of Use at the domain of https://www.quotemykaam.com/. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the Website following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website



FIRST PARTY/”SERVICE PROVIDER” SPECIFICALLY AGREES THAT BY USING THE WEBSITE, THEY ARE AT LEAST 18 YEARS OF AGE AND ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.



After online Registration by FIRST PARTY/”SERVICE PROVIDER”, SECOND PARTY/”QMK” would confirm FIRST PARTY/”SERVICE PROVIDER” submitted details, Address proof or any other Documents deemed necessary before any commercial arrangement is agreed to or Business is passed by SECOND PARTY/”QMK” to FIRST PARTY/”SERVICE PROVIDER”. It would be Sole Responsibility of FIRST PARTY/”SERVICE PROVIDER” to ensure all the details submitted online and otherwise are true and accurate and SECOND PARTY/”QMK” can’t be held liable in any ways, if the information provided by FIRST PARTY/”SERVICE PROVIDER” is inaccurate.



Second Party/”QMK” shall not held liable for any false information uploaded/submitted by the First Party/Vendor on the Website. In case of any User/Customer making any Claim against “QMK” on account of such false information submitted by the FIRST PARTY/”SERVICE PROVIDER”, the FIRST PARTY/”SERVICE PROVIDER” shall alone be liable for the Claim to the User and “QMK” shall be absolved of any liability in respect of the same towards the Users. In case “QMK” suffers any loss be it civil, criminal or financial on account of the above, FIRST PARTY/”SERVICE PROVIDER” shall be liable to duly compensate the Second Party/”QMK” for the same.


Before providing any services to the Client registered with Quotemykaam.com, FIRST PARTY/”SERVICE PROVIDER” must explain and agree on Process/ Method to deliver Service, Final Quoted Price, Payment schedule, Refund policy, Service Level time frames in case of post service issues, any risks involved by undertaking the service, service provider contact details and any other applicable terms deemed appropriate by the Client & FIRST PARTY/”SERVICE PROVIDER”.



It is agreed by the FIRST PARTY/”SERVICE PROVIDER” that the SECOND PARTY is not a party to the contract between the FIRST PARTY/”SERVICE PROVIDER” and the Customers of the Second Party whatsoever and therefore all terms and conditions of the contract between the FIRST PARTY/”SERVICE PROVIDER” and the Customers of Second Party in no way bind the Second Party. Therefore when any information is accessed from the “QMK” website or a Service is given by the FIRST PARTY/”SERVICE PROVIDER” to SECOND PARTIES/”QMK” Customer’s, all the Terms and Conditions exist between FIRST PARTY/”SERVICE PROVIDER” and the Client i.e. SECOND PARTIES/”QMK” CUSTOMERS. Quotemykaam.com “Reg. Company – Quotemykaam Business Services LLP” cannot, in any circumstance, be held liable for any loss whatsoever on any account, and incurred either by the FIRST PARTY/”SERVICE PROVIDER” or by SECOND PARTIES/”QMK” Customers.



ii. Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by the FIRST PARTY/”SERVICE PROVIDER”, however caused and under any theory of liability, shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute Services or other intangible loss;



iii. FIRST PARTY’s failure to provide SECOND PARTY/”QMK” with accurate account information.



iv. FIRST PARTY’s failure to keep his account details secure and confidential.



v. Subject to the aforementioned, SECOND PARTIES/”QMK” aggregate liability arising out of or in connection with the contract, whether based on contract, tort, statutory warranty or otherwise, shall in no event exceed a sum of Rupees 1000/-. The limitations on SECOND PARTIES/”QMK” liability under this section, shall apply whether or not SECOND PARTY/”QMK” has been advised of or should have been aware of the possibility of any such losses arising. Not withstanding anything to the contrary the FIRST PARTY/”SERVICE PROVIDER” agrees that the FIRST PARTY’s sole and exclusive remedy for any dispute with SECOND PARTY/”QMK” is to discontinue use of SECOND PARTIES/”QMK” services and website.



vi. Where the FIRST PARTY/”SERVICE PROVIDER” directly contacts or Books a service with the SECOND PARTIES/”QMK” Customers, SECOND PARTY/”QMK” would not be liable to even facilitate any discussion between FIRST PARTY/”SERVICE PROVIDER” & Customer for any Payments, Warranties or Service terms & conditions.



vii. Subject to overall provision paraphrased above, the FIRST PARTY/”SERVICE PROVIDER” expressly understands and agrees that “QMK”, its subsidiaries and affiliates shall not be liable to the User for points mentioned above



3. The SECOND PARTY/”QMK” declares as under:


3.1 The SECOND PARTY/”QMK” is a Limited Liability Company with LLPIN: AAF-6687, PAN : AAAFQ5605P


3.2 The SECOND PARTY/”QMK” would require a copy of one or more Government approved documentation (Eg. Driving License, Voter Id, Aadhar Card, Business agreement, Company’s address proof etc.) of the authorized individual/ signatory from the FIRST PARTY/”SERVICE PROVIDER”.


3.3 The authorized individual/ signatory from FIRST PARTY/”SERVICE PROVIDER” would ensure that any employee, representative, technician, expert associated with the FIRST PARTY/”SERVICE PROVIDER” and involved in any meetings/ dealings with any Agents, representative or customer of the SECOND PARTY/”QMK” are background vetted according to the government rules and regulations and verified with local police authorities.


3.4 SECOND PARTY/”QMK” would not be held responsible for any misconduct of any form from employee, representative, technician, expert associated with the FIRST PARTY/”SERVICE PROVIDER”.


4. The FIRST PARTY/”SERVICE PROVIDER” is willing to offer the services submitted online as a Service professional in association with SECOND PARTY/”QMK”.

5. The Agreement shall be treated for a period of one year from the Effective Date unless earlier determined by the parties. The SECOND PARTY/”QMK” covenants that, it shall not compete in the business of the FIRST PARTY/”SERVICE PROVIDER”, or provide direct service to the customer for a period of 6 months, without information of the SECOND PARTY/”QMK” and shall also maintain and uphold highest ethical standards and confidentiality.



6. In consideration of the Services herein, the Parties hereto shall share revenues as agreed, subject to review after 6 months of association; however, in lieu of any review in any period, this Agreement shall remain in effect):



6.1. Revenue sharing in the ratio mutually agreed between FIRST PARTY/”SERVICE PROVIDER” & SECOND PARTY/”QMK”.

Where this cannot be adhered for a specific Customer request, it needs to be notified prior to deal confirmation and would be subject to both parties agreeing the new revenue sharing ratio.



6.2. In the event of not completing the service task on time or cancellation of service by the FIRST PARTY/”SERVICE PROVIDER”, then the FIRST PARTY/”SERVICE PROVIDER” alone shall be liable and responsible to either complete the Service to the satisfaction of the customer and/ or to make good the loss suffered by the customer, if any.



7. The FIRST PARTY/”SERVICE PROVIDER” covenants as under:


7.1 WARRANTIES AND GUARANTIES



All warranties and guaranties given to customer regarding the service to the customer are subject to prior approval by both parties and the agreed. Warranties & Guaranties agreed by the FIRST PARTY/”SERVICE PROVIDER” with the customer would be the sole responsibility of the FIRST PARTY/”SERVICE PROVIDER” to adhere to in case of any Service related issues.

Any other Warranties or Guaranties given by the FIRST PARTY/”SERVICE PROVIDER” without prior approval and agreement with SECOND PARTY are solely at the risk and cost of FIRST PARTY/”SERVICE PROVIDER”.


7.2 INSURANCE FOR LOSS CLAIMS FROM CUSTOMERS


The FIRST PARTY/”SERVICE PROVIDER”, at its own cost shall keep in force adequate insurance for any loss claims made by Customers, so that such claims can be appropriately met. SECOND PARTY will not be held responsible for any loss claims due to the service carried out, or failed to be carried out in part or full, abandoned or unilaterally terminated by the FIRST PARTY/”SERVICE PROVIDER” or its associated employees. Second Party shall further not be liable for any deficient/sub-standard/wrong service etc provided by the FIRST PARTY/”SERVICE PROVIDER” to the Customers/User of the Second Party. Any Claims/demands raised by the Customers of the Second Party shall be paid or sufficiently settled to the satisfaction of the Customers of the Second Party. The Second Party shall incur no liability be it civil, criminal or financial towards the same whatsoever.



7.3 MAINTAINING ACCOUNTS RECEIPT OF CUSTOMER FEES etc.


The FIRST PARTY/”SERVICE PROVIDER” shall maintain proper, full and complete records of receipt(s), if any, of customer fees and other collection(s), if any, from customers and render in writing a true and correct account of the same to the SECOND PARTY/”QMK”, on a fortnightly basis.

In case of any dispute or difference on such account the same shall be settled by the FIRST PARTY/”SERVICE PROVIDER” to the satisfaction of the SECOND PARTY/”QMK” within 30 Days from being notified thereof, failing which the SECOND PARTY/”QMK” may seek appropriate redressal as they may deem fit.



7.4 TERMS OF PAYMENT OF REVENUE SHARE


The FIRST PARTY/”SERVICE PROVIDER” shall render true account of all the revenues, if any, on periodical basis. For cash on delivery payment orders, The FIRST PARTY/”SERVICE PROVIDER” shall remit all revenues collected from customers to the SECOND PARTY/”QMK” fortnightly. For online payment orders, The SECOND PARTY/”QMK” shall remit all revenues collected from customers to the FIRST PARTY/”SERVICE PROVIDER” fortnightly.

FIRST PARTY/”SERVICE PROVIDER” agrees to deposit the amount due to the SECOND PARTY/”QMK” latest by the below dates:

– Payment dues from 30th day of the previous month to 13th day of the current month – To be paid by FIRST PARTY/”SERVICE PROVIDER” to the SECOND PARTY/”QMK” by 16th of every month.
– Payment dues from 14th day of the current month to 29th day of the current month – To be paid by FIRST PARTY/”SERVICE PROVIDER” to the SECOND PARTY/”QMK” by 01st of every month.


Where the payments are not cleared by the FIRST PARTY/”SERVICE PROVIDER” within due date, SECOND PARTY/”QMK” has all the rights to de-activate the accounts for the partner till the pending account dues are cleared. Where FIRST PARTY/”SERVICE PROVIDER” fails to clear the pending dues after 30 days from the original due date, SECOND PARTY/”QMK” reserves the right to report the case to concerned Government authorities (Police/ Court etc.) and take legal recourse for pending amounts recovery.



7.5 APPLICABLE TAXES SUCH AS GST, VAT, SERVICE TAX, TDS etc.


The respective parties shall pay all their independent and respective share of all or any taxes or statutory levies or dues, by whatever name called arising out of this Agreement from time to time and indemnify each other from any claim or demand arising there from, against each other. All prices offered will be charged with an added service tax calculated at (as of Jan 2018, or as revised by the Govt.) over the invoice amount payable by SECOND PARTY/”QMK” or by the customer of the SECOND PARTY/”QMK”.



7.6 COMPLAINTS AND GRIEVANCES OF CUSTOMERS INCLUDING MONITORING AND REDRESSAL SYSTEM


The FIRST PARTY/”SERVICE PROVIDER”, at their own cost, shall be solely liable and responsible to address, resolve and settle to the satisfaction of the customer, independently and without any recourse whatsoever to the SECOND PARTY/”QMK”, all complaints and grievances of customers as a result of service provided by FIRST PARTY/”SERVICE PROVIDER” including monitoring and redressal System thereof. SECOND PARTY/”QMK” would not be held responsible for any payment related issues between the FIRST PARTY/”SERVICE PROVIDER” & Customer for the agreed scope of work.



7.7 CUSTOMER FEEDBACK TO BE MAINTAINED


The SECOND PARTY/”QMK” shall record and maintain regular feedback of customers on a periodical basis and update The FIRST PARTY/”SERVICE PROVIDER”, in respect thereof. It shall be endeavor of both the parties to take Immediate and appropriate steps for changes and improvements to uphold the utmost satisfaction of the Customer


7.8 MAINTAINING LOG OF SERVICES


The PARTIES shall be responsible to maintain a detailed log, client wise and service wise of the various services rendered and update each other, on a weekly basis.


7.9 DESCRIPTION OF TERRITORIAL AREAS OF SERVICE


It is agreed between the FIRST PARTY/”SERVICE PROVIDER” and SECOND PARTY/”QMK”, that the FIRST PARTY/”SERVICE PROVIDER”, shall operate and offer their services in the City/region specified at the time of Online registration.

7.10 TIME OF DELIVERABLES IS THE ESSENCE OF AGREEMENT


It is clearly agreed and understood by the FIRST PARTY/”SERVICE PROVIDER”, that time of service is the essence of this Agreement. However, the SECOND PARTY/”QMK” is responsible in communication of the service timelines in the right time to the FIRST PARTY/”SERVICE PROVIDER” so that they can plan operations accordingly. The SECOND PARTY/”QMK” is expected to give sufficient notice to the FIRST PARTY/”SERVICE PROVIDER” before any pickup to be honored by FIRST PARTY/”SERVICE PROVIDER”.

Where the Client request is accepted and confirmed for service fulfillment by the FIRST PARTY/”SERVICE PROVIDER” and In the absence of proper communication, the FIRST PARTY/”SERVICE PROVIDER” alone shall be liable and responsible for any claims and demands from customers in respect of default, delays or quality of service, TIME AND QUALITY being the essence of this Agreement.



7.11 FAILURE TO FULFILL THE ORDER(s)


If FIRST PARTY/”SERVICE PROVIDER” fails to fulfill the order forwarded by SECOND PARTY/”QMK”, once the Customer order has been ACCEPTED BY THE FIRST PARTY/”SERVICE PROVIDER” and Booked with the client in respect of time, Quality or Quantity the dispute shall be addressed as follows:

7.11.1 If the FIRST PARTY/”SERVICE PROVIDER” fails to meet the order requirements forwarded by SECOND PARTY/”QMK” after it has been Booked, it shall be responsible to refund 100% cost of the order, if it is cancelled by the FIRST PARTY/”SERVICE PROVIDER” and not communicated to SECOND PARTY/”QMK” before 10 hours from the date/time, Service request is scheduled.

7.12 NON TRANSFERABLE


It is clearly agreed that the job order assigned is non-transferable, non-substitutable and cannot be Subcontracted or sublet to other vendors or third party contractors.

7.13 ARBITRATION AND SETTLEMENT OF DISPUTES


It shall be sole responsibility and liability of the FIRST PARTY/”SERVICE PROVIDER”, to settle all disputes, differences, Complaints or loss arising to customer. In respect of all or any dispute or differences between the parties to this Agreement, the same shall be referred to arbitration, in accordance with Arbitration and Conciliation Act, 1996.



7.14 HARASSMENTS AND FALSE STATEMENTS OR CLAIMS OF CUSTOMERS REDRESSAL SYSTEM


It shall be the responsibility and liability of the FIRST PARTY/”SERVICE PROVIDER” to have effective protection and redressal system for any frivolous litigation, false statements or any claims of/by the Customers.

Such redressal system/procedure shall not make Second Party a member or party to it whatsoever. It shall not involve the Second Party in any such redressal mechanism and shall independently resolve the grievances without the involvement of the Second Party.



7.15 INSURANCE AGAINST CLAIMS ARISING UNDER THE CONSUMER PROTECTION ACT, 1986.

It shall be the responsibility and liability of the FIRST PARTY/”SERVICE PROVIDER”, at their expense, to obtain requisite, sufficient and appropriate insurance cover against claims arising under the Consumer Protection Act, 1986 or any similar statute.


7.16 CLAIMS FOR LOSS OF GOODS OR ARTICLES OF CUSTOMERS OR ANY DAMAGE CAUSED TO CUSTOMERS


It shall be the responsibility and liability of the FIRST PARTY/”SERVICE PROVIDER”, at their own cost to make good the loss or compensate the customer for any claims or demands being claims for loss of goods or articles of customers or any damage caused to customers. The FIRST PARTY/”SERVICE PROVIDER” agrees to pay the customer or SECOND PARTY/”QMK” as per the damages caused after verifying the claims made by customers.



7.17 GENERAL PROTECTION FOR ANY OTHER LIABILITY


It shall be the responsibility and liability of the FIRST PARTY/”SERVICE PROVIDER”, at their own cost to make good the loss
or compensate the customer for any claim(s) or demand(s) being claims for loss of goods or articles of customers or any damaged caused to customers in general and in respect of any similar or other liability.

That the SECOND PARTY shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services by the customers of the FIRST PARTY/”SERVICE PROVIDER”.
Both the parties agree that the FIRST PARTY/”SERVICE PROVIDER” IS SOLELY responsible with respect to the conduct and behaviour of it’s employee’s, representative’s, technician’s, or any agent associated with the FIRST PARTY/”SERVICE PROVIDER” and agrees to indemnify the SECOND PARTY.

Both the parties agree that the FIRST PARTY/”SERVICE PROVIDER” IS SOLELY responsible with respect to the conduct and behaviour of it’s employee’s, representative’s, technician’s, or any agent associated with the FIRST PARTY/”SERVICE PROVIDER” and agrees to indemnify the SECOND PARTY.

7.17 A : DUTY OF GOOD CONDUCT


IT IS AGREED BY THE FIRST PARTY/”SERVICE PROVIDER” THAT the FIRST PARTY/”SERVICE PROVIDER” alongwith its employees, affiliates, agents, etc shall maintain and practice good and respectful conduct with all Customers/Users of the Second Party at all times. In the event of any complaint of ill-treatment, misdeed, misconduct, bad behaviour on the part of the FIRST PARTY/”SERVICE PROVIDER” is received by the Second Party, the Second Party shall immediately remove such Service Provider/First Party from its website.

It is also clarified that Second Party is not responsible for the conduct of the FIRST PARTY/”SERVICE PROVIDER” and that there is no relation of Employer-Employee or Master-Servant or Principal-Agent or Partnership etc between the FIRST PARTY/”SERVICE PROVIDER” and the Second Party whatsoever. Therefore Second Party will not be held responsible for any misdeed, misbehaviour, ill-treatment etc committed by the FIRST PARTY/”SERVICE PROVIDER” whatsoever.



The FIRST PARTY/”SERVICE PROVIDER” shall therefore duly compensate the Second Party in respect of any loss of reputation, goodwill, customers, business hours, mental agony, harassment etc suffered by the Second Party on account of the misconduct of the FIRST PARTY/”SERVICE PROVIDER”.

7.18 PROTECTION OF CONFIDENTIAL INFORMATION (NDA)


It shall be the utmost responsibility and duty of the BOTH PARTIES, to hold and maintain highest Confidentiality and to this effect this clause for all its intent and purpose shall be deemed to be a ‘Non– Disclosure Agreement’ in its fullest form, context, interpretation and construction. Also it is agreed that direct marketing in any form (Emails, SMS, Phone Calls, Flyers, or Verbal) should not be carried out by FIRST PARTY/”SERVICE PROVIDER” without a prior permission of SECOND PARTY/”QMK”.

7.19 EXIT

Both parties agree that they can terminate this agreement by giving a written notice of 45 days (notice period) and the FIRST PARTY/”SERVICE PROVIDER” will only fulfill the existing service requests and during this time, the SECOND PARTY/”QMK” will not send any new service requests to the FIRST PARTY/”SERVICE PROVIDER”.



8. The SECOND PARTY/”QMK” shall indemnify and always keep indemnified and save the FIRST PARTY/”SERVICE PROVIDER” from all or any claims or delays at any time whatsoever made without the confirmation of both parties.



9. This Agreement shall be governed by and construed in accordance with the laws of India and in any dispute arising out of or relating to this agreement, the Parties submit to the exclusive jurisdiction of the Courts situated at Gurgaon, India.



Annexure1

Operation terms:

1) The SECOND PARTY/”QMK” will provide the FIRST PARTY/”SERVICE PROVIDER” following details with the POCs looped.

– Customer Name
– Job location
– Preferred date & time
– Type & details of service required

Once the job has been accepted the following details would be visible –

– Contact Number


2) The FIRST PARTY/”SERVICE PROVIDER” should revert to The SECOND PARTY/”QMK” with the acknowledgement “ACCEPT” OR “REJECT” within 15 minutes.


3) The FIRST PARTY/”SERVICE PROVIDER” should pass on details to the SECOND PARTY/”QMK” with the service points like the person allotted for the job (name, number, delivery timings).


4) The FIRST PARTY/”SERVICE PROVIDER” must provide to The SECOND PARTY/”QMK”, the following details of the Technician/ Expert visiting customer’s premise


Any delays, mishaps from the person allotted to the job.


a) Expected Arrival Time


b) Job started


c) Job finished


d) Follow ups for rescheduled jobs


e) Total charges taken


6) The FIRST PARTY/”SERVICE PROVIDER” should provide Invoice to ALL customers & The SECOND PARTY/”QMK” at the time of delivery / email with The SECOND PARTY/”QMK” in CC.
Email address – contactus@quotemykaam.com


7) Quotemykaam Point of contacts (PoC)


Operations:
1. Customer Care Representative at – 09899763411


Escalations
2. Mail to – Contactus@quotemykaam.com

Any payments must only be transferred through “Online payment link of FIRST PARTY/”SERVICE PROVIDER” Account Login” or to below bank account:


Account Holder name: QUOTEMYKAAM BUSINESS SERVICES LLP
IFSC code INDB0000724
Bank name: Indus Ind Bank
Account No 201000406986
Branch: Ground floor SCO 61, DSC (HUDA Market) sector 55-56 Gurgaon branch