Franshice Registration Form

Franchise Registration 2021

FRANCHISE AGREEMENT


This agreement is signed on this day of the year 2021

Both parties as above have expressed a desire of entering in to a franchise agreement to meet their respective objectives, which are set out here in below,

EDUPUR EMPLOYMENT SERVICES PVT. LTD. on its part has entered into the business of Social Innovation, Career Counselling, Information & Technology Development, Job Placements, Skill Development Trainings, Workshops and Seminars for students/ candidates, Digital India, Website Designing & Development, Entrepreneurship, Software, Printing Magazines, Organizing Events in association with Central/State Government, District Administration, NGO’s and many more renowned organizations is interested in furthering this business through “Franchise” (Conductor) operated Signature: EDUPUR EMPLOYMENT SERVICE, DISTRICT BRANCH OFFICE Office on national basis maintaining a uniform standard facilities and services including uniformity in the charges levied from the customers for rendering the specified services.

“Franchise” on his part is interested in entering into the business of operating as a service provider through their EDUPUR EMPLOYMENT SERVICE, DISTRICT BRANCH OFFICE Office and thus carrying out the business of providing services to the customers.

EDUPUR EMPLOYMENT SERVICE, DISTRICT BRANCH OFFICE is desirous of appointing “Franchise” to conduct, manage and operate the services through the Standard Operating Procedure (SoP) as per the uniform norms set up by Franchiser in respect of nature of services and cost of services to the customer.

“Franchise” is desirous of taking over the services offered by Franchiser, for the purpose of its operations and management to carry out business on the terms and conductions contained herein.

The purpose of this Agreement is to set forth the terms and conditions under which the parties to the Agreement shall conduct themselves during the substances of Agreement.


NOW, THEREFORE, the parties, in considerations of the convents, undertakings and commitments set forth therein here by mutually agree as follows,




Section 1: Definitions and Interpretations

For the purpose of this agreement, the following expressions shall bear the respective meaning set forth below,

Details of terminology for the services to be provided


Section 2: Grant of the Franchise

The “Franchise” warrants and represents to Franchiser that it is a company / firm, validly existing and a good standing under the laws of republic of India and has all requisite power and authority to enter into this agreement with the Franchiser. All the obligations of the “Franchise” under this agreement are legal, valid and binding obligations enforceable in accordance with its terms. There are no proceedings pending against the franchise, which may have an advice effect on the ability of the franchise to perform and meet its obligations under this agreement.

On consideration of the “Franchise’s” applications and relying on such assurances and representations that “Franchise” has made to appoints the franchise as a franchise on the terms and conditions set forth in this agreement and in the website.

There is no product and/or service and/or territorial exclusivity granted to the “Franchise” as part of this Agreement by Franchiser may give such right or a similar right to persons other than “Franchise” to sell …………………. products and services anywhere including geographic area surrounding the premises.






Section 3: Services, Terms & conditions

Franchiser would provide their entire range of services by own or through the service providers which includes online ads, offline ads, value added services and premium services to the “Franchise”.

“Franchise” will act as a single point e-hub for all the services provided by Franchiser falling within the purview of this agreement.

3. The entire business being on pre-payment basis, Franchiser will supply all the services based upon requests from “Franchise” up to limits available for “Franchise”. Such limits will be equivalent to the funds available from “Franchise” with Franchiser at any point in time and will keep reducing with every transaction corresponding to the value of transaction. The Franchiser will enhance the limit of Franchisee by amounts received by it from “Franchise” from time to time.



4. The Franchiser will publish commission structure and earning of the ”Franchise” from time to time in the web site https://www.jobsdel.com The details of all transactions done by “Franchise” will be available on the web, login ID and password of which will be provided to “Franchise” by the Franchiser. “Franchise” will keep enough funds with Franchiser so as to cater all transactions to provide services to the customers.

5. All the services falling within the purview of this agreement will be made to “Franchise” based upon standard conditions of sales as set by the Franchiser for all its “Franchise” outlets from time to time. Such conditions will generally be in line with conditions that are placed upon Franchiser by various service providers and also as a result of business decisions, legal and contractual requirements.

6. ”Franchise” will keep providing the services within the purview of this agreement through their outlets exclusive with the Franchiser. ”Franchise” will not enter into direct agreements with any other services providers, aggregators, distributors or any similar entity in India for this purpose, for the duration of this agreement.

7. The Intellectual Property rights including the concept of delivery of services will rest with the Franchiser or its suppliers or service providers.

The Franchiser and ”Franchise” shall conduct their business at all times, in accordance with the applicable statutes, regulations, notification etc., Issued by the Government or any other statutory authority.


Section 4: Franchise Roles & Responsibility and Terms & Condition

Franchise has to take minimum 50 forms every month from Franchiser.
Franchise responsibility to explain all the terms and condition mentioned in the form to all candidates before registration.
Franchise can register candidate for Gold Package (Max. Rs. 600), Diamond Package (Max. Rs. 1,000) and Platinum Package (Max. 1,500) only.
Franchise never offers GUARANTEES NOR WARRANTIES of JOB to any candidates personally and officially.
Violation of any rules and regulation, Terms and Conditions will lead to penalty or termination of this agreement. Minimum of Rs. 5,000 payable by the franchise per penalty.
Misuse of Brand Name will lead to penalty or termination of this agreement and can take legal action against you. Minimum of Rs. 15,000 payable by the franchise per penalty.
Any marketing and promotional activity should be discussed with Franchiser and have to take written permission through letter.
I understand & agree that service, term & condition offered by Franchiser may change time to time without any notice and I will accept it within agreement period. The Franchise Fee, Subscription Fee, Consultancy Fee or any other fee paid by Franchise to Franchiser will be NON-REFUNDABLE and NON-TRANSFERABLE.
Franchiser has full right to stop its franchise service at any time in a particular area for any reason or any case, than franchise has to stop its service with immediate effect.
Franchise has to pay Franchise Licensing Fee of Rs. 50,000/- p.a. which will be NON-Refundable and NON-Transferable at any condition.
Renewal of Franchise License will be 20% of the existing license fee.
Franchiser has full right to renew Franchise License with existing franchise, if satisfied all conditions for the renewal.
If franchise is unable to provide satisfactory Sales and Service, then Franchiser has full right to terminate the agreement at any time and can appoint any other Franchise at that area.
The franchise has to collect the consultancy fees from the placed candidates within 30 days from the date of joining and deposit the same to the franchiser account within 2 days.
Franchise holds the complete responsibility to collect the consultancy fees from the individuals or from the employer where the candidates have been placed within defined period of time on agreement. If failed then franchise has full right to take necessary action against the individual.
Franchise will charge a maximum of 50% excluding 18% GST of the first month salary from the candidates as a consultancy fees after joining the job.
Franchise will not send any unregistered candidates for the interview.
Franchise can tie up with all the employers without any charge for the first year.
Franchise will create an agreement & NOC (Format will be provided by the Franchiser) from the candidates before date of joining and click 2 photos (Individual & with Franchise).
Franchiser will issue placement certificate to the placed candidates after receiving consultancy fee from the Franchise.
Franchiser will provide prescribed resume format to the Franchise which the Franchise will charge a maximum of रु 100 from the registered candidate. The candidates should receive 5 resume from the Franchise.
Franchise has to send account details through prescribed format provided by the franchiser on daily basis.
Franchise will take the responsibility to clear all pending cash and deposit to the franchiser account on weekly basis.

Section 5: Confidentiality

1. “Franchise” shall keep all information of confidential nature received from the Franchiser, Candidates, Employers or any person or organisation in whatever form as strictly confidential and shall not disclose it to third Parties without the prior written consent by the director of the franchiser during and after the term of this Agreement.

2. “Franchise” agrees not to disclose any revenue or account or company policy information to any individual or organisation without prior written consent by the director of the franchiser.


Section 6: Profit Share between franchise and the franchiser

Franchise will get 50% of the total business revenue every month till franchise agreement valid.
Business revenue collected from Job Registration Fee, Job Consultancy Fee, Job Interviews Fee, Job Resume charge only.

Section 7: Monthly Expenditure share by the franchiser

Franchiser will bear the expenditure of post paid bill or pre paid recharge Mobile Number provided by the franchiser.
Franchiser will appoint and bear the monthly salary of Office Executive.
Franchiser will bear the cost fooding, lodging and travelling cost for employee training at franchiser head office.


Section 8: Monthly Expenditure share by the franchise

Franchise will bear the monthly rent of franchise office.
Franchise will bear the monlthly electricity bill.
Franchise will bear the monthly salary of Marketing Executive.
Franchise will bear all the required monlthly stationary expenditure of the office.

Section 9: Terms of Renewal

This Agreement comes into force on the date of signing this Agreement and shall continue for one (1) year after this date. This agreement may be extended on the mutual agreement of both parties, unless earlier terminated in accordance with the agreement by paying renewal fee by the “Franchise” before the agreement expires.


Section 10: Termination

This agreement may be terminated by the franchise at any time with valid reason by giving prior written notice of ninety (90) days.
An written termination letter should be provided by the franchise, hard copy to the franchiser head office and same soft copy to email at fanchise@jobsdel.com
3. Franchise shall be entitled to terminate this agreement, with immediate effect upon happening of one or more of following:


a. Any breach or violation of any of the terms and conditions of this agreement by the “Franchise”, if within seven (7) days of written notice from Edupur Employment Services Private Limited of the breach or violation, such breach or violation is not cured, provided that no cure period shall be applicable for the violation of any applicable law.

b. Failure of the “Franchise” to provide the services to the customers as per the expectations of Franchiser.

After termination Franchise will not allowed to start any Job Consultancy business directly or indirectly at-least for 3(three) years.
After termination Franchise will not allowed to use any data related to candidates, employers, clients or Edupur for any condition.

Section 11: Applicable Law

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


Section 12: 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, 1996.

2. The arbitral tribunal shall be composed of three arbitrators, one arbitrator appointed by Franchiser, a second arbitrator appointed by “Franchise” and a third arbitrator to be appointed by such arbitrators.

3. The place of arbitration shall be at Franchiser and any award whether interim or final, shall be made, and shall be deemed for all purposes between the Parties to be made in Franchiser premises.

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 law.

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 apply.

6. The rights and obligations of the Parties under, or pursuant to, this Clause or Section, including the arbitration agreement in this Clause or Section, shall be governed by and be subject to Indian law, and the agreement shall be subject to the exclusive jurisdiction of the courts at Tezpur.


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