AGREEMENT TO TERMS
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or used would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or Country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local law, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 Year old. Persons under the age of 18 are not permitted to use or registered for site.
- Vendor is engaged in the business of ________________________.
- Company Mothers Love e- Services owns “Make My Wed” located at the following URL:https//:www.makemywed.in and has many registered users to whom Company offer various services.
- Vendor is desirous of setting up an online business on the Website and has offered their services through the said online platform; Company has agreed to create the said online business account upon according to the terms and conditions agreed between the parties herein.”
- “NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows:”
• First- ‘This e-commerce vendor agreement (the “Agreement”) is entered into on…’
• Second- In the definitions clause itself, that is, ‘”Vendor” shall mean the entity incorporated or otherwise more specifically described hereinabove, which offer its products and services through the Online platform or store and more particularly described in the attached “Form”.’
Consideration and payment terms
• The vendor shall make an advance payment as the Sign-up fees for the creation of an online business account on the Execution date and timely required to renew the same.
• The Company shall have the right to collect the Payment on behalf of the Vendor in respect of the Orders received through the online platform. The Company shall charge the service charges plus fees on transactions to the Vendor per order in consideration of the services rendered by the Company under the Agreement.
• The Company shall pay the Vendor an amount recovered minus the sum of fees, service charges (0.2%), and GST in respect of approved order(s) through the online platform. The fees, services charges and GST cost will be levied for the transaction on the offline payment.
- The Company shall reimburse the Vendor for payment of the business services proceeds in the following manner:
For Ex. 50000 booking = 50000- fees-0.2% Service Charges-GST.
Obligations of the vendor
“The Vendor shall:
- Through the interface provided by the Company on the creation of Vendor’s Online Business account, the Vendor shall upload the images, videos, description, timelines, disclaimer, price, and such other details for the service displayed and offered for sale through the said online platform.
- Vendor shall ensure not to upload any description, image, graphic, text that is unlawful, objectionable, and obscene, opposed to public policy, vulgar, or is in violation of intellectual property rights of any third party.
- The vendor shall only upload the service description and image for the service which is offered for sale through the online platform and for which the said Online platform is created.
- The vendor shall provide a correct, full, true description and accurate of the service to enable the customers or clients to make an informed decision.
- Vendors shall be solely responsible for the Service quality, quantity, guarantee and warranties in respect of the service offered for sale through their online platform.
- On receipt of the approved order, the Vendor shall be responsible for on time delivery for the service within a period of time.
- In respect of the orders for service placed through the Online Platform, the Vendor shall submit proof of delivery to the satisfaction of Firm or Company within 24 hours of the request made by the Company.”
Company reserves the right
“Company reserves the right:
- Vendor agrees and acknowledges that the Company, at all times during the continuance of this Agreement, shall have the right to:
- block or delete any image(s), text, graphic uploaded on the online store by the Vendor without any prior intimation to the Vendor in the event the said image(s), text or graphic is found to violate any law, breach of any of the terms of the Agreement, terms and conditions of the Website. In such an event, the Firm or Company shall without any prior intimation or liability to the Vendor have the right to forthwith remove the online business account of the Vendor.
- discontinue or terminate the said service to the Customer or the End user as the case may be, without having any liability to refund the amount to the Vendor to forthwith block, remove or close the online business account of the Vendor and furnish such details about the Vendor and/or its customers upon a request received from the Legal or Statutory Authorities or under a Court order if the Company is of the belief that the services are being utilized by the Vendor or its Customer in contravention of the terms and provisions of this Agreement.”
- “This Agreement shall commence from Effective Date and shall continue to be in effect for a period of 1year unless terminated earlier. (“Term”)”
Company not liable
“Company not liable:
- The Company shall not be held liable or responsible for any loss, injury or damage to the Vendor, or any other party whomsoever, arising on account of any transaction under the Agreement or as a result of the service being in any way in an unfit condition, violating or infringing any laws, intellectual, regulations, property rights of any third party.
- The Vendor shall be solely liable for any damages, claims or allegation arising out of the Service offered for sale through its online Platform including but not limited to the Service quality, quantity, price, use for a particular purpose, or any other related claim and shall not hold the Company liable for any such claims and damages.
- The Company shall not be liable for any damages or claims arising out of any misrepresentation, negligence, or misconduct by the Vendor or any of its representatives.”
Termination and effects of termination
“The Company shall have the right to terminate the Agreement in the event:
- The Vendor fails to make payment of the agreed consideration, by giving a written notice of 48 hours,
- The Vendor commits a material breach of any obligations, representation, warranty, covenant, or term of this agreement and the same is not rectified after the Company gives a written notice of 7 days.
- If an insolvency Petition is filed against the Vendor.
- If the Vendor infringes a third party rights including intellectual property rights.
- The Agreement may be terminated by either party giving the other party a prior 30 days written notice. “
- The effect of the termination clause is either drafted along with the termination or is followed by the termination clause. It states the steps that parties are under obligation to follow upon the termination of the agreement. A sample clause is as follows:
“Effect of Termination:
- In the event of expiry termination of the Agreement, the Company with immediate effect shall remove the Links and shall discontinue displaying the Products on Online store. The Company by virtue of termination of this agreement shall not be liable for any loss or damages incurred by the Vendor.
- During the notice period both the parties shall be bound to perform its obligations incurred under the agreement and this sub-clause shall survive the termination of this agreement.”
Intellectual property rights
- “It is expressly agreed between the Parties that each Party shall retain all interest, right, and title in their respective trademarks and logos (“Intellectual Property”) and that nothing contained in the Agreement, nor the use of the Intellectual Property on the advertising, publicity, promotional or other material in relation to the Services shall be construed as giving to any Party any interest, right, and title of any nature whatsoever to any of the other Party’s Intellectual Property.”
- “The Agreement contains the entire and final agreement and understanding between the Parties and is the complete and exclusive statement of its terms. The Agreement supersedes all prior agreement and negotiations, whether oral or written, in connection therewith.”
- This clause is inserted as a matter of routine but its interpretation becomes very important when the parties have entered into multiple agreements before contracting the e-commerce vendor’s agreement.
Limitation of liability
- “Except in case of breach of contract, under no circumstances, will either party be liable to the other party for lost profits, or for any incidental, indirect, consequential, exemplary or special damages arising from the subject matter of the Agreement, regardless of the type of claim and even if that party has been advised of the possibility of such damages, such as, but not limited to loss of revenue or anticipated profits or loss business, unless such loss or damages is proven by the aggrieved party to have been deliberately caused by the other party.”
Vendor Refund Policy
“Company provides you 100% refund of registration charges if the vendor will not get any leads from our platform, on his/her request by mail or in writing to us.
By email: firstname.lastname@example.org