Terms & Condition

AGREEMENT WITH CONTENT CONTRIBUTOR

The provisions of the Information Technology Act, 2000 (IT Act) give legal recognition to an electronic (E -Contract) particularly section 10-A of the IT Act which states:

“Section 10-A: Validity of contracts formed through electronic means. –

Where in a contract formation, the communication of proposals, the acceptance of proposals, the revocation of proposals and acceptances, as the case may be, are expressed in electronic form or by means of an electronic record, such contract shall not be deemed to be unenforceable solely on the ground that such electronic form or means was used for that purpose.”

1. Sehnsucht Infotech, a Proprietorship firm, having its registered office at Aurangabad, and is acting through its Owner, Ms. Rucha Deshmukh, hereinafter called Party A, Which expression shall include their legal representatives, successors, assignees and legal heirs.

And

1. Party B, Which expression shall include their legal representatives, successors, assignees and legal heirs.

WHEREAS,

1. Party A is a web/app based platform curating and distributing content.
2. Party B is a domain expert willing to contribute to Party A’s platform.
3. Party A has then approached Party B in order to assist it with some contributions.
4. Party B has agreed to perform their share of services to Party A at mutually agreed terms.
5. To put the understandings between the parties formally and to give legal sanctity and enforceability to their formal transactional relationship, the parties hereby are entering under this agreement at terms as follows.

NOW IT IS HEREBY LAID DOWN, AS MUTUALLY AGREED BY AND BETWEEN THE PARTIES,

1. That the place of performance under this Agreement shall be Pune or such other place as Party A may notify.
2. That all the information/opinion/contributions and the like, provided by Party B shall not be construed as professional advice by the readers/users of that information and shall suitably be made aware by Party A to all its users/readers/visitors.
3. That each party shall bear their share of taxes and duties, and is solely responsible to pay to the relevant authorities.
4. That general guidelines shall be furnished by Party A to Party B which shall act as reference and template metrics for Party B’s contributions.
5. That Party B allows Party A to display the credentials of the author of the contributions while the same is being uploaded/published/distributed or otherwise shown by Party A to its users/visitors.
6. That Party A shall pay a nominal honorarium to Party B in exchange of and in consideration to their contribution, and such contribution shall always be paid in cheque or bank transfer.
7. That Party A shall have the discretion and the right to edit the contribution in accordance with making it most suitable to its users/readers/visitors.
8. That Party B agrees that their contributions to Party A shall fully vest with Party A, so as to its ownership and all consequent rights attached with it thereto.
9. That Party B shall provide its articles/information/opinions or such other contribution to Party A from its own labor and effort so as to take care of its originality and source.
10. That Party B agreed to not submit/publish or otherwise distribute any contribution submitted and used by Party A at any other platform without first consulting with and after obtaining prior approval of Party A.
11. That each party shall execute instructions diligently with reasonable care and skill.
12. That each party shall maintain confidentiality of information relating to the assignment which is not in the public domain. However, such information may be disclosed to any authority, if required by law.
13. That each party shall not directly or indirectly approach or try to poach each other’s clients, employees, contractual staff, data or any such thing that may cause harm or loss to the other party.
14. That Party B agrees to always be represented by Party A for all the projects which come through Party A. In case, Party B or any other vendor/individual associated with Party B wishes to approach the client, it will do so only after prior written permission of Party A.
15. That Party B agrees to this Contract for Service and to be represented by Party A at all times.
16. That neither party is an agent of each other and are hence independent service providers.
17. That this agreement consists all the understandings between the parties and hence is the whole and sole document governing the transactional relationship between the parties. This agreement constitutes the entire agreement between the parties with respect to its subject matter. It supersedes all previous agreements and understandings between the parties and each party acknowledges that, in entering into this agreement, it does not do so on the basis of or in reliance upon any representations, promises, undertakings, warranties or other statements (whether written or oral) of any nature whatsoever except as expressly provided in this agreement.
18. That each party agrees that neither are exclusive vendors to each other nor can work with other parties.
19. That this Agreement is solely governed by the courts of Pune, Maharashtra, India and hence, any dispute shall be referred accordingly.
20. That neither party may without the prior written consent of the other, such consent not to be unreasonably withheld, assign or in any way dispose of its rights under this agreement to any third party.
21. That the parties shall keep confidential all Confidential Information and not, without the prior written consent of the other party, disclose the Confidential Information to any other party save to the extent required by law.
22. That neither party would be held liable in the event of an Act of God instance, which causes breach of performance or delay in performance. Act of God is construed as such events that are beyond the cause and control of either parties.
23. That each party understands the importance of Time under this agreement and agrees to compensate the other party for the losses caused due to delays beyond what is reasonable.
24. That each party understands that, in the event of breach under this contract, the party breaching will compensate the party aggrieved for the loss/damage caused as a result of the breach.
25. That party B agrees that the work produced as a result of this contract is and would belong to Party A.
26. That either party may terminate this engagement by giving to the other a notice of not less than 15 (Fifteen) business days. Any such termination shall be subject to acceptance of all commitments made prior thereto in terms of this letter.