Service Agreement Terms & Conditions

  1. DEFINITION OF TERMS 

In this Agreement, the following words and phrases shall have the meanings assigned to them except where the context otherwise requires.

Service Provider Means:  Growidus Consultants Private Limited

Services Means: The services provided by Growidus Group.

Customer Means: Any person or organization uses services provided by Service Provider.

Pass Application: Any passes and or visas applications handled by any Authorities. Including but not restricted to Entrepreneur Pass (Commonly known as EntrePass); Employment Pass; Dependent Pass; Permanent Resident Application and Long Term Visit Pass.

 

  1. ACCEPTANCE OF TERMS 
  1. Customer agrees that by using the Services you are at least 18 years of age. 

 

  1. By accepting this Agreement or made any payment to the Service Provider. Customer agrees to be bound by the terms of this Agreement. 

 

  1. RESPONSIBILITIES 

 

  1. The Service Provider shall at his best knowledge to provide services as per described in quotation. 

 

  1. The Service Provider is responsible to inform the Customer any information that are required to be provided to the Service Provider. 

 

  1. The Customer is responsible for providing accurate and sufficient information to the Service Provider on time and bears any associated cost if there’s any. 

 

  1. Service Provider will hold no responsibility for any delay in service rendered as a result of insufficient information provided or information not provided on a timely basis. 
  2. The Service Provider is only responsible for consulting purpose and holds no responsibility or would not be responsible in case of Rejections, delay or holding of visas from the governments.
  3. The service provider in any forms cannot motivate, influence, work with prejudice or take follow up from the honble government or any vendor and is not responsible for any delays caused due to above mentioned issues.

 

  1. PERFORMANCE 

 

The Service Provider will reasonable endeavors to meet the time estimates given but these remain estimate and in particular we accept no responsible for delay caused by third parties or for reasons outside our control.

 

  1. FEES AND PAYMENT 

 

  1. All fees are subject to change. We will endeavor to notify you in advance of any change in the fees applicable to this Agreement. 

 

  1. The Service Provider shall issue invoice in respect of our fees and receipts for any disbursements. Unless otherwise mutually agreed in writing or stated thereon, all invoices in respect of the Fee are payable upon presentation. 

 

  1. Notwithstanding anything contained in this Agreement, the Service Provider shall not be obliged to perform the Services or continue to perform any of his duties in the event that the Fee or any part thereof is outstanding and unpaid. 

 

  1. Our charges are net of all bank charges and withholding taxes. You will not assume that we are registered for tax in any country or state from which you may choose to make payment. If you are compelled to make any deductions from payments on account of such charges or taxes, you must gross up the payment fee note or invoice issued by us. 

 

  1. We accept cash payment, PayPal payment, cheque payment or bank transfer. 

 

  1. Crossed cheque or bank transfer to be prepared with following information: 

 

Account Name: GROWIDUS CONSULTANTS PVT LTD 

Account No: 921020042978585

 

Bank Name: AXIS BANK

Bank Address: PIMPLE SAUDAGAR BRANCH

IFSC Code: UTIB0000103

 

SWIFT BIC Code: 411211076

 

  1. DISBURSTMENTS 

 

In instructing us, the Customer hereby authorizes the Service Provider to incur such expenses and charges as we consider necessary or reasonable in the conduct of providing services. You hereby agree to reimburse us for all such expenses and charges "disbursements". Such disbursements are in addition to our fees unless provided by companies in Growidus Group. For the avoidance of doubt, we are not obliged to incur any disbursements and we are not liable for any failure on our part to pay for the same. This position stands unless we have agreed explicitly to pay such disbursements on your behalf and you have put us in cleared funds sufficient to cover the cost of such disbursement prior to it falling due.

 

  1. REFUND 

This Non-Refundable Policy ("Policy") outlines the terms and conditions regarding non-refundable payments made to Growidus Consultants Private Limited ("Growidus" or "Company") by its clients ("Client"

 

  1. OWNERSHIP OF DOCUMENTS 

 

All original documents obtained from you arising from the engagement shall remain your property. All other documents produced by us in respect of this engagement will remain the property of the firm, subject to any statutory obligations.

 

  1. INVOLVEMENT OF OTHERS 

 

Where, as part of our engagement, the services of an external consultant or expert are required, an estimated cost and timeframe and involvement will be provided to you for your approval.

 

  1. PASS APPLICATION AND NOMINEE SERVICES 

 

  1. Pass Applications Service and Nominee Services are provided by GROWIDUS PVT LTD, a Growidus Group company. 

 

  1. For the avoidance of doubt, we do not guarantee the final result for all Pass Application as the respective authorities make the final decision and we shall not be liable for any Pass Application being rejected by respective authorities. 

 

  1. The Customer shall sign additional documents as a where required ignoring conflicting clauses in this Agreement. We shall not be obliged to perform or continue to provide any Nominee in the event Nominee Agreements(s) is not signed. 

 

11.  SECRETARY SERVICES

The scope of Secretary Service is limited to a) Provide one qualified person as Secretary; b) Provider Compliance Alerts & Reminders; c) Maintaining the Statutory Books; Unless otherwise agreed, the Service Provider shall not be responsible for any missing or incomplete Statutory Documents prior the actual appointment date nor shall the Service Provider be responsible for the re-creation of such missing / incomplete Statutory Documents.

 

12.  ACESS TO REGISTERED ADDRESS

  1.  The Customer shall ensure mails are collected regularly from the Service Provider. Any mails that are not collected within three (3) months shall be deemed as unwanted and shall be discarded. 

 

  1. The Service Provider reserves the right to reject any delivery of parcel which at the Service Provider discretion. The Service Provider would be at our best effort in ensuring the safe keeping of all mails. The Customer shall agree and is aware that, mails might be lost at different stages of handling. Thereof the Customers shall not hold The Service Provider any responsible for any missing or damaged mails. 

 

  1. The Service Provider reserves the right to conduct a background check of the candidate which may include with his Official Visit, Personal Visit or any other visit required by the Service Provider. Customer needs to fully support for the same for smooth transitions.

 

 

 

13. PERIOD OF ENGAGEMENT 

 

  1. This engagement will start on the date of payment and contract signed and would end on the date of visa filing of the candidate.
  2. This agreement would not be renewed under any circumstances and the service provider shall not be held responsible for the outcome of result. 

14. RESPONSIBILITIES OF CUSTOMER

  1. The Customer is responsible for the reliability, accuracy and completeness of the accounting records, particulars and information provided and disclosure of all material and relevant information. 

 

  1. The Customer is required to arrange for reasonable access by us to relevant documents, and shall be responsible for both the completeness and accuracy of the information supplied to us. 

 

  1. The Customer is responsible for maintaining and regularly balancing all books of accounts, the maintenance of an adequate accounting and internal control system and application of appropriate accounting policies. 
  2. The fee arrangement is based on the expected amount of time and the level of staff required to complete the compilation of financial statements services as agreed. This fee arrangement will be subject to change if circumstances occur. 

15. SUBMISSION OF DOCUMENTS

15.1 The Customer has to ensure to provide all the documents required to process the application and customer pledges it to be correct and ethical. Incase of any fake documents found the application shall be rejected and no refund in any circumstances would be entertained.

 

16. ESTIMATED TIME OF WORKS

  1. We will take reasonable times to complete the Compiling of all Documents, Statements (Unaudited Report). We will email or send the draft Unaudited Report to the Customer for review. If the accounts are complex in nature and are prepared not in accordance to Financial Reporting Standards, we will take longer time to complete the Compiling of Financial Statements (Unaudited Report). In the event of delay or incase we are unable to deliver, we will let the Customer know in advance of the status. 
  2. There is no stipulated time frame as the applications received by the Issuing authorities are in numerous numbers and we cannot predict the date of consideration of application in advance, but incase of any update we would let the customer know in advance.

 

  1. VARIATION 

 

  1. The Service Provider may vary the terms and conditions of this Agreement and/or create new terms or conditions at any time by notifying the Customer of the changes. The changes shall take effect on the date specified on the notice. Should the Customer continue to use the Services after the specified time, the Customer shall be deemed to have accepted the changes. Service Provider shall notify the Customer of any changes via email, or in such manner, as Service Provider deems appropriate.

 

  1. WARRANTY 
    1. The Customer warrant that he will not use the Services for any unlawful, fraudulent or immoral or similar purposes or in connection with any business that is breach of any application legislation (primary or subordinates), rules, regulations or application of applicable authorities or in competition with the services offered by us. Incase customer does that no money would be refunded to customer. 

 

  1. The Customer warrant that he will not during or after the term of this agreement carry out any act or make any omission (whether in respect of use of the address and/or any number allocated to you under this agreement or otherwise) that may damage the goodwill or reputation of the Service Provider. 

 

  1. This agreement would be immediately and automatically get terminated and no amount shall be refunded incase of customer getting engaged with competitor or any other service provider of the same nature or sourcing from some other unidentified resources unless taken in written approval from the service provider.

 

  1. This agreement would be immediately terminated and Service Provider reserves a right for a legal action against the candidate for defamation and falsely producing evidences to purposely malified the image of the company and individual.

 

 

 

  1. In Case of any threats or any derogatory messages send through Email, Wapp or any other mediums to service provider, its staff or any other member. Service provider may initiate action against customer IPC Section 66A which punishes persons for sending offensive messages is overly broad, and is patently in violation of Art. 19(1)(a) of our Constitution and IPC 503. Criminal intimidation.—Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intim­idation.

 

  1. I agree and understand that my entry to the relevant country is subject to the applicable laws and rules of the said country.  Growidus shall in no event be responsible or liable for denial of any kind of visa, work permit or education permit, by the said country to me. I shall not seek refund of any kind monetary or otherwise from Growidus or make any defamation claims of any kind for denial of my admission to such country.

 

19. RELATIONSHIP 

Relationship between the Customer and Growidus Group is that of independent contractors dealing at arm’s length, and nothing is this agreement shall constitute either or us as partners, agent or representative of the other.

 

20. INVALIDITY AND SERVERABILITY 

The invalidity or unenforceability of any clause or part of clause shall not affect the validity or enforceability of the remaining clause or parts of that clause.

         

21. INDEMNITY 

 

The Customer agrees not to hold Growidus Group, their affiliates; divisions; their past; present and future officers; agents; shareholders; members; representatives; employees; successors and assigns, jointly and individually liable for any claims or legal action, resulting from his use of the Services or from his breach of the terms and conditions of use.

 

22. TERMINATION 

  1. Either party may terminate this Agreement at any time by providing the other party with prior one (1) months’ notice in writing. 
  2. Upon termination of the Agreement for whatever reason, the Customer shall not continue to use the Services Or Incase of rejection the contract gets terminated automatically.

 

23. THIRD PARTY RIGHTS

The Contract (Rights of Third Parties) Act, Chapter 53B of (the "Act"), shall not under any circumstances apply to the contract formed by this engagement letter and any person who is not a party to this contract (whether or not such person shall be named, referred to, or otherwise identified in, or form part of a class of persons so named, referred to or identified in, this engagement letter) shall have no right whatsoever under the Act to enforce the contract formed by this engagement letter or any of its terms and the parties to this letter do not intend for any term of the contract formed by this engagement letter to be enforceable by any third party.

 

24.GENERAL INFORMATION

The terms constitute the entire agreement between the Customer and the Service Provider and govern your use of Service Provider’s website and the Services, superseding any prior agreements between you and the Service Provider. The failure of the Service Provider to exercise or enforce any right or provision of the terms shall not constitute a waiver of such right or provision. The Terms do not limit any rights that the Service Provider may have under trade secret, copyright, patent or other laws. The employees of the Service provider are not authorized to make modifications to the Terms, or to make any additional representations, commitments, or warranties binding on the Service provider, except in a writing signed by an authorized officer of the Service provider. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. The Customer agree that regardless of any statute or law to the contrary, any disputes arising out of or related to the use of the Service Provider’s website, the Services or the Terms must be filed within one(1) year after such claim or cause of action arose or be forever barred. You also agree that the Terms shall not be construed against the drafting party, i.e., Service provider.

 

 

 

25.LEGAL ARBITRATION & DISPUTE RESOLUTION               

Dispute Resolution: Any claim, dispute or difference relating to or arising out of this Agreement shall be referred to the arbitration, of a sole arbitrator.  The arbitration shall be subject to the Arbitration and Conciliation Act, 1996 as may be amended from time to time.  The Growidus Private Limited Corporate Office & Bench Of Advocates Gargi Joshi, Sumit Ambekar & Vikas Shivalkar Of Bombay High Court to be present at the Arbitration Centre, will appoint the Sole Arbitrator and will conduct the Arbitration in accordance with its rules for conduct of Arbitration proceedings then in force and applicable to the proceeding.  The seat and venue of arbitration shall be in Mumbai. Therefore it is mutually decided by both the parties to seek arbitration mode in case of any disputes and no involvement of any other legal body or legal sources are accepted. Arbitration can only be allowed upon written approval from the service provider on case to case basis. The proceedings shall be undertaken in English.  The arbitration award shall be final and binding on the parties. 

 

The service provider and customer shall  respect to arbitration under the IDRC Domestic Arbitration Rules, 2019 may agree to do so in the following terms:

“We, the undersigned, agree to refer to arbitration  administered by the Indian Dispute Resolution Centre (IDRC) under the IDRC Domestic Arbitration Rules, 2019 any dispute, controversy, difference or claim (including any dispute regarding non-contractual obligations) arising out of or relating to:

(Brief description of contract under which disputes, controversies, differences or claims have arisen or may arise.)

The law of this arbitration agreement shall be … (Indian law).

The seat of arbitration shall be ... (India).

** The number of arbitrators shall be ... (one or three) nominated/appointed from the panel of Arbitrators of Indian Dispute Resolution Centre.
The arbitration proceedings shall be conducted in ... (English).

 

 

 

 

26. LEGAL GOVERNING BODY

This Agreement shall be governed by Indian laws and subject to Mumbai Jurisdiction.