This Agreement is entered into between M/S Vecapo (OPC) Private Limited (Hereinafter referred as "Company") and the user registering to website vcpodium.com as an Investor or other channels (Hereinafter referred as the "the Investor").
This agreement applies to all types of investors (direct, indirect, individual, fund house etc.)
The parties hereto do hereby agree as follows:
1. Subject to the terms and conditions of this Agreement, the Company hereby engages with the Investor as an independent consultant to perform the services set forth herein, and the Investor hereby accepts such engagement.
2. Company will share its customer’s profiles on a periodic basic, as deemed fit, with the Investor for fund raising purposes. Investor agrees to help find investors/investment against the profiles shared by the company.
3. Investor shall provide all necessary services for the purpose of meeting funding, advisory requirements of Company’s customers.
4. Company shall provide access to its records as are reasonably necessary for Investor to provide resource-development and fund-raising services. Company agrees that all deemed necessary records and documents available with Company during the course of this Agreement shall be provided to the Investor for obtaining funding.
5. Investor shall provide access to its records as are reasonably necessary for Company to provide resource-development and fund-raising services. Investor agrees that all deemed necessary records and documents available with Investor during the course of this Agreement shall be provided to the Company.
6. Expenses. Expenses incurred by any party for the purpose of raising funds has to be borne by that party only.
7. This license is non-exclusive for both "Company" and the “Investor” and any party can reach out to 3rd party vendor/suppliers to avail/provide same and/or similar services.
8. Notwithstanding anything in this agreement to the contrary, Investor shall have the right to terminate this Agreement anytime but prior to completion of services to be rendered. A written notice is required for termination of any contracts or mandate.
9. Confidentiality. The Investor acknowledges that during the engagement [he or she] will have access to and become acquainted with various trade secrets, inventions, innovations, processes, information, records and specifications owned or licensed by the "Company" and/or used by the "Company" in connection with the operation of its business including, without limitation, the Company's business and product processes, methods, customer lists, connections, accounts and procedures. The Investor agrees that [he or she] will not disclose any of the aforesaid, directly or indirectly, or use any of them in any manner, either during the term of this Agreement or at any time thereafter till two year of termination of this agreement. All files, records, documents, blueprints, specifications, information, letters, notes, media lists, original artwork/creative, notebooks, and similar items relating to the business of the "Company" coming into [his or her] possession, shall remain the exclusive property of the "Company". The Investor shall not retain any copies of the foregoing without the Company's prior written permission. Upon the expiration or earlier termination of this Agreement, or whenever requested by the "Company", the Investor shall immediately destroys his copy and deliver to the "Company" all such files, records, documents, specifications, information, and other items in his possession or under [his or her] control.
10. Confidentiality and Privacy: Investor hereby agree to allow other to use the information provided by other party for the purpose of this agreement only.
11. Conflicts of Interest. The Investor represents that he is free (legally and otherwise) to enter into this Agreement and that this engagement does not violate the terms of any agreement between the Investor and any third party. Further, the Investor, in rendering his duties shall not utilize any invention, discovery, development, improvement, innovation, or trade secret in which he does not have a proprietary interest. The Investor is expressly free to perform services for other parties while performing services for the "Company".
12. Right to Injunction. The parties hereto acknowledge that the services to be rendered by the "Investor" under this Agreement and the rights and privileges granted to the " Investor " under the Agreement are of a special, unique, unusual, and extraordinary character which gives them a peculiar value, the loss of which cannot be reasonably or adequately compensated by damages in any action at law, and the breach by the Investor of any of the provisions of this Agreement will cause the "Company" irreparable injury and damage. The Investor expressly agrees that the "Company" shall be entitled to injunctive and other equitable relief in the event of, or to prevent, a breach of any provision of this Agreement by the Investor. Resort to such equitable relief, however, shall not be construed to be a waiver of any other rights or remedies that the "Company" may have for damages or otherwise. The various rights and remedies of the "Company" under this Agreement or otherwise shall be construed to be cumulative, and no one of them shall be exclusive of any other or of any right or remedy allowed by law.
13. Merger. This Agreement shall not be terminated by the merger or consolidation of the "Company" into or with any other entity.
14. Termination. The "Company" may terminate this Agreement at any time by 0 working days'' written notice to the Investor. In addition, if the Investor is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directive of the "Company", is guilty of serious misconduct in connection with performance hereunder, or materially breaches provisions of this Agreement, the "Company" at any time may terminate the engagement of the Investor immediately and without prior written notice to the Investor.
15. Independent Investor. This Agreement shall not render the Investor an employee, partner, agent of, or joint venture with the "Company" for any purpose. The Investor is and will remain an independent Investor in [his/her] relationship to the "Company". The "Company" shall not be responsible for [his/her] actions. Further Company shall not be responsible for withholding taxes with respect to the Investor's compensation hereunder. The Investor shall have no claim against the "Company" hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.
16. Choice of Law. The laws of the state of Faridabad, Haryana shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto.
17. Arbitration. Any controversies arising out of the terms of this Agreement or its interpretation shall be settled in Faridabad, Haryana and the judgment upon award may be entered in any court having jurisdiction thereof.
18. Notices. Any and all notices, demands, or other communications required or desired to be given hereunder by any party shall be in writing and shall be validly given or made to another party if personally served, or if deposited in mail, certified or registered, postage prepaid, return receipt requested. If such notice or demand is served personally, notice shall be deemed constructively made at the time of such personal service. If such notice, demand or other communication is given by mail, such notice shall be conclusively deemed given five days after deposit thereof.
19. Modification or Amendment. No amendment, change or modification of this Agreement shall be valid unless in writing signed by the parties hereto.
20. Entire Understanding. This document and any exhibit attached constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.
21. Any notices required or permitted to be given under this Agreement shall be sufficient if in writing by e-mail, fax and if either personally delivered to the intended party or mailed to above addresses of the party intended to receive notice.
22. It is understood and agreed that this Agreement expresses the complete and final understanding of the parties hereto, that any and all negotiations and representations not included herein or referred to herein be hereby abrogated, and that the Agreement cannot be changed, modified, or varied except by written instrument signed by all parties.
23. Insurance - Investor does not have right of insurance claim against Company in any circumstances.
24. Claim - Investor does not have any claim, tangible or otherwise, against the Company.
25. Payment - Investor agrees to pay the agreed fee not later than 15 days of earliest of either making payment to the borrower or receiving the notice from Company for payment. Failing which Company reserves the right to charge Investor @9% simple interest for the outstanding fee.