TECHJOCKEY SERVICE AGREEMENT
This Service Agreement ("Agreement") is signed and made on this date ________ ("Date of Effect"), By & Between:
Techjockey Pvt. Ltd., ("Company") located at 81/1, 2nd Floor, Aurobindo Tower, Sri Aurobindo Marg, Adchini, New Delhi, Delhi 110017 ("Company") and________________("OEM") with offices at____________________.
For ease of reference both parties are collectively referred to as the "Parties" and individually as a "Party".
- Techjockey is B2B & B2C IT ecommerce platform offering comprehensive
IT solutions to business and individual through its wide array of online services,
trade promotional events, toll free number information and classifieds, reviews, pricing and
other information in relation to the sale and purchase of software, and other solutions in India.
- OEM is a software development and technology company offering
industry or application specific software which deals/sells software through its registered firm.
Whereas both Parties are desirous of entering this Agreement for
generating lead of prospective software buyers for and on behalf of the OEM under the terms and conditions
as set out in this Agreement.
1. PURPOSE OF AGREEMENT
- Techjockey shall enter a mutually benefitting collaboration with OEM.,
wherein it will generate Leads for software buyers and shall verify and filter the details of prospective
genuine software buyers from pan India and forward the same to OEM via lead management system on daily
- OEM. shall provide product demo facility and explain the software features
and provide applicable system requirement & solutions to all Leads.
It is agreed and understood by and between the parties that the Techjockey is
only providing sales lead and not sold customers. It is the responsibility of OEM to capture appointments with
the prospective software buyers via OEM Lead Management System and provide rights to Techjockey to raise the
Proforma Invoice to the customer/lead directly.
2. ENROLLMENT / REGISTRATION
To begin the enrolment process, OEM must complete the registration process by providing detail such as
company name & address, software information, bank details and other - as notified by Techjockey.
The term of this Agreement will start on the date of your complete registration for one or more of the products
(the "Effective Date") and continue until terminated by us or you. We may terminate or suspend this Agreement
or any Service within 30 days of notice provided by either of the party for any reason. However, termination of
the agreement doesn't mean the termination of existing engagement of the lead or prospect customer unless
successful closed by both the parties.
4. DUTIES AND RESPONSIBILITIES OF TECHJOCK
The duties and responsibilities of the Techjockey are as follows:
Generate opportunities/prospects/sale through its online portal www.techjockey.com, targeting customers
across pan India.
Verify and filter genuine software buyers and forward the prospect details to OEM via lead management system.
Assuming all costs of advertising, domains, web hosting and labour involved in collecting the prospect
information excluding media sales, branding and marketing.
Provide the prospect to the Single Point of Contact ("SPOC") of the respective location, sales channel
appointed and nominated by OEM. in this Agreement.
Make constant verification/tracking calls to customers and OEM to ensure transparency in dealings under
May at any time change its strategy of opportunity/prospect generation without any prior intimation to OEM.
Collect following details of the prospective software buyers:
- Phone Number
- Email ID
- Software requirement
- OEM / firm details
- Location and area pin code.
5. DUTIES AND RESPONSIBILITIES OF OEM
The duties and responsibilities of OEM are as follows:
Treat the prospective leads provided by the Techjockey on a priority basis via email and lead management system.
Provide best price quote to, leads of whom are forwarded by the Techjockey.
In the event, there is any duplication of Leads provided by the Techjockey and the leads independently
procured by OEM Pvt. ltd. from other means, OEM Pvt. ltd. shall within 48 hours of being aware of such
duplication, intimate the Company through an email, failing which, such leads under dispute will be leads
provided by the Company and shall be governed as per the terms and conditions under this Agreement.
Appoint point to contact for all queries whatsoever to be raised by the Techjockey about this arrangement.
use of information about the Leads. OEM Pvt. ltd. shall protect and hold harmless to Techjockey and its
partners, officers, shareholders and affiliates from all liability which may arise in connection with OEM
Pvt. ltd. conduct, including, in connection with or a result of matters relating to privacy.
Shall not encourage, induce or direct the Leads to give wrong or misleading information to Techjockey, while the Techjockey calls the Leads, do need analysis and verify before forwarding to OEM.
- Shall utilize the details of the software buyers provided by Techjockey only in connection to this Agreement and not otherwise.
- Shall intimate Techjockey within 48 hours of any change in the SPOC or his/her contact details such as phone number and email id.
- Shall provide feedback about the following to Techjockey on a regular basis.
Lead Locking Mechanism: Once a potential lead is shared with OEM, OEM shall confirm whether the case is locked in favour of company or not. OEM can confirm through mail or companies Lead Management System.
- Once the lead is identified by joint effort of both the parties, Customer shall not be approached directly by the OEM
or vice versa
- All the commercial and technical communication between OEM and client shall go through company sales team.
- Cross sell and upsell: customer shall remain Techjockey Client for any up-sell or Cross Sell as agreed by both parties
- OEM can refer Techjockey for any other product needed by the Client during set-up/installation and company shall do the same thing too
- Purchase shall have done on Techjockey's website
- Customer shall not be given any further discount without informing Techjockey
- Customer shall not be approached directly by The Listed OEM
- Customer shall remain company's client for any up-sell or cross Sell for minimum of 3 month or as agreed by both parties
- OEM shall provide support to Techjockey referred customer
- OEM shall be responsible to complete the installation/Set-up as agreed between both the parties
- In case of renewal/addition of the previously sold product by Techjockey, OEM shall inform Techjockey on the
same and shall bound to pay the additional margin
- After sales support: OEM shall be responsible to complete the installation/Set-up as agreed between both the parties
Purchase and Billing: Client shall buy the software online from OEM's portal. OEM shall raise the
purchase request on OEM for the software. Once the OEM bills the software to company, Techjockey shall
bill the software to the client. The payment terms to OEM is based on "commission model" that has been
agreed between both the parties in advance.
- Techjockey shall keep its commission as agreed between both the parties and pay the remaining amount to
OEM within specified time.
- Payment shall be done within 30 days of delivery of solution to the customer - any exception will be
mutually agreed upon as and when required.
- OEM shall be entitled to withhold and remit taxes from payment due to Techjockey to the extent that
such withholding and remittance is required by applicable laws and regulations.
- If OEM is not able to deliver the solution within the pre-specified time or after the order is placed by Techjocky on
customer behalf, Techjockey shall charge 2% of project cost as administrative cost to OEM upon losing customer / refund
back to customer
- Any change in payment terms and conditions shall be made only by way of writing between the Parties.
7.DYSFUNCTIONAL / SOFTWARE DEFECT
OEM shall be held responsible for any software defect identified by customer and fix the issue on time.
In case the software has issue and Techjockey must refund the customer, Techjockey shall charge 2% of
project cost with OEM as an administrative fee.
Termination at will: Techjockey may terminate this Agreement early, with or without cause, upon thirty (30)
days prior written notice to OEM, upon such termination notice, Techjockey shall not
generate any new leads; however, any ongoing lead shall continue to be governed by this agreement as if
it had not been terminated.
Termination for Breach: Both Parties will be entitled to terminate this Agreement (a) after a material
breach of this Agreement by the other party that remains uncured seven (07) days after written notice
thereof by the non-breaching party; (b) if the other party voluntarily commences any action or seeks any
relief regarding its liquidation, reorganization, dissolution or similar act or under any bankruptcy,
insolvency, or similar law; or (c) if a proceeding is commenced or an order, judgment, or decree is
entered seeking the liquidation, reorganization, dissolution, or similar act or any other relief under any
bankruptcy, insolvency or similar law against the other party, without its consent, which continues undismissed
or unstayed for a period of thirty (30) days.
9. INDEMNITY AND LIMITATION OF LIABILITY
OEM agrees to defend, indemnify, save and keep harmless Techjockey and its officers and directors, employees,
agents, and representatives from any and against all losses, claims, costs, liabilities, or expenses incurred,
whether based in claims of tort or contract (including court costs and attorney fees) incurred or sustained by
the latter due to the formers' gross negligence, fraud, wilful misrepresentation, or breach of confidentiality.
OEM hereby grants to Techjockey the consent to use its corporate name, trademark, service mark, logo on its
website and any of its marketing collaterals including presentation, communications materials, etc. for carrying
our appropriate marketing activities.