PNN BPO INDIA PRIVATE LIMITED,

Transcription

1 FRANCHISEE AGREEMENT This agreement is made on this 21st Day of November Two Thousand Sixteen, between, PNN BPO INDIA PRIVATE LIMITED, a private limited company having CIN U74999KL2016PTC Constitute under Indian Companies Act 2013, promoters of Project named PNN ACCOUNTING AND TAXATION, having its office at First Floor, Raiban Shopping Complex, Near Hospital Junction, R S Road, Alleppey (Here in after called Franchiser).

2 AND Mr/Mrs..., aged...years, S/D/o... residing at...,...,... (Here in after called Franchisee)

3 Whereas Franchiser is engaged in various consultancy services mainly in the field of Accounting, Taxation, Business Management and other business and financial related areas in brand name PNN ACCOUNTING AND TAXATION. Franchiser decided to allow to use the trade name of the franchiser by franchisees on stipulated terms and conditions. Whereas the Franchisee is self employed Individual who is working or intends to work as accountant, tax practitioner and consultant, as freelancer and The Franchiser is support service provider to franchisees on payment of fee called royalty. The FRANCHISEE has represented to the FRANCHISER that they have their own infrastructure, financial strength and capability to run the said business and would be able to maintain the reputation and goodwill of the FRANCHISER. Whereas the franchiser and franchisee decided to enter into an agreement and the terms and conditions thereto and Now this agreement witnessed as follows:- 1. The FRANCHISER hereby grand the FRANCHISEE the franchise of PNN Accounting & Taxation without any geographical limitation. However the franchisee shall select a particular location as its area for the administrative purpose alone. 2. The FRANCHISEE shall at his own costs and expenses provide a space as required for executing the work at the convenient place with required infrastructure preferably with computer, printer, internet connection, scanner etc. 3. The FRANCHISER will provide the guidance and guidelines to better performance of services such as basic training on various subjects seems to be necessary by franchiser for providing services by franchisee. 4. The FRANCHISER is maintaining a CALL CENTRE for clarifying the doubts and providing opinion on queries of franchisees or clients of franchisees consists of consultants in various subjects. However the timing, panel of consultants and frequency of service etc are sole desire of Franchiser time to time.

4 5. The FRANCHISER is maintaining a BACK OFFICE intended for carrying out the work referred by franchisee which requires more man power and other supporting. 6. The FRANCHISER will initiate steps for MARKETING of services which may enable franchisees to secure the work. However the marketing mode, volume and style of marketing etc are sole desire of Franchiser time to time. 7. The FRANCHISEE is allowed to use the name and logo of PNN ACCOUNTING & TAXATION with all restrictions stipulated by this agreement or in accordance to directions in future. Further the FRANCHISEE is not allowed any other person connected to the franchisee or not, to use the name and logo of PNN ACCOUNTING & TAXATION. The usage of name strictly restricted and should not be used elsewhere other than for marketing purposes and in visiting cards, advertising materials and letterheads which designed by or approved by the Franchiser and with specific indication of franchisee relationship with franchiser 8. The FRANCHISEE shall not have any right, title, interest, claim or demand over and in respect of the business, name or logo of PNN ACCOUNTING & TAXATION nor shall carry on business in the said name without the permission or authority in writing from the FRANCHISER. 9. The FRANCHISEE can undertake any assignments according to their will and themselves shall solely responsible for execution of the work and all matters connected thereto. The FRANCHISER shall not in any way be liable or responsible for any work undertaken or carried out by franchisee. 10. In case of enquiries or assignments which are unable to undertake by the franchisee due to any reason The FRANCHISEE shall refer the work to back office maintained by the franchiser. The FRANCHISER shall responsible for such assignments if the franchiser accept the assignment. Further the Franchisee is entitled for a to 30% of net fees collecting for such work, which may vary case to case.

5 11. The FRANCHISEE shall provide and/ or employ such number of employee staff as may be necessary from time to time for the centre and shall pay and discharge their salary, wages and statutory dues of whatever nature. The FRANCHISER shall not in any way be liable to pay any such salary, wages or statutory dues or liabilities and the same shall entirely the liability of the FRANCHISEE. 12. The FRANCHISEE shall follow the visiting card format and bill format given by FRANCHISER. FRNCHISEE alone shall responsible for the maintenance of books and accounts and all required records connected to the business of franchisee and the work undertaken and carried out by franchisee. 13. Franchisee should not act or behave like employee or branch or in any other manner other than that of a franchisee before a client. The franchisee may use the term BUSINESS ASSOCIATE as their designation. It is the responsibility of franchisee to intimate the client that the work is undertaking by himself and there is specific franchisee agreement with the franchiser. 14. All franchisees are responsible to have Service Tax Registration and it is the sole responsibility of Franchisees to comply with statutory requirements in connection with the business of franchisee. 15. The Franchisee shall intimate the Client Details, Fee collection Details or other information sought by Franchiser time to time. The support services providing by the Franchiser is restricted to the Clients whose information recorded in Franchiser records. 16. The FRANCHISEE shall pay royalty to the FRANCHISER at the specified rate (percent) of the gross turnover on or before the sixth day of every succeeding month. Non-payment of the said royalty for consecutive three months would make the agreement liable to be terminated by the FRANCHISER without assigning any reason whatsoever and the FRANCHISEE and his assets will be liable for all such dues.

6 The specified rates are: xxxxxxxxxxxxxxxxxxx xxxxxxx xxxxxxxx xxxxxx xxxxxxxxxxxxxxxxxxx xxxxxxx xxxxxxxx xxxxxx xxxxxxxxxxxxxxxxxxx xxxxxxxx xxxxxxxx xxxxxx xxxxxxxxxxxxxxxxxx xxxxxxxx xxxxxxxx xxxxxxx SPECIAL OFFER: NO ROYALTY OR FRANCHISEE FEES UPTO The franchiser has all the rights to classify the centers in to A Class, B Class and C. Class Depends up on the performance of the franchisee. 18. The franchisee is liable to pay royalty on due or receipt of fee whichever is later. The franchisee agreement is solely limited or restricted to the Accounting and Taxation division of PNN BPO INDIA Pvt. Ltd. and not extends to any other division of the company. 19. The FRANCHISER reserves the right to inspect the books of accounts of the FRANCHISEE at any sort of time. The FRANCHISER has all the right to take the feedback directly from the clients. 20. The FRANCHISEE has to buy original soft ware for carrying out the work. The FRANCHISER will not be responsible under any circumstances for software problems faced by the FRANCHISEE. 21. It is the obligation of franchisee to inform the franchiser whether any other franchisee is friend or Relative or connected in any manner to them. If the FRANCHISER observes such connection, the turnover of both the franchisees together considered for calculating Royalty and each franchisee is jointly and severally liable for Royalty 22. The FRANCHISEE can fix the fee for their services according to their desire. However if the Franchiser observes that the fee charging

7 by the franchisee is not in parity with industrial standards, the Franchiser may instruct the Franchisee for Keeping parity with Industrial standards. If the franchiser observes that the under billing is intentional, then the royalty shall be in the calculated on the basis of reasonable fee recommended by the franchiser. 23. The FRANCHISEE may discontinue the business connection with the franchiser by intimating the FRANCHISER. Immediately on expression to discontinue / discontinuation / termination whichever is earlier the franchisee shall not use the trade name or take advantage of any business connection directly or indirectly generated through or arising due to the name of the franchiser. Then onwards the call centre and back office service to franchisee and the clients of franchisees will be automatically terminated. The discontinuation should also be intimated to their clients by the Franchisee. 24. The present agreement shall remain valid for a period of TWO YEARS and can be renewed on mutual consent. 25. The Franchisee shall responsible to comply with all instructions of Franchiser from time to time invariably. However, if the instruction is against the interest of the franchisee, the same shall applicable only on acceptance of Franchisee. 26. The FRANCHISEE shall follow instructions given by the franchiser and shall not venture with other similar organization while using the name of P N N Accounting & Taxation. 27. THE FRANCHISEE shall be liable, responsible or answerable for any claims whatsoever that may be arise due to any negligence, deficiency in service or unfair trade practice includes statutory / legal proceedings of the state / central government that may be there on the part of the FRANCHISEE. The FRANCHISER has all the right to terminate the agreement with franchisees who involves in any activity which is against the modus operandi / goodwill / reputation of the FRANCHISER.

8 28. Notwithstanding anything to the contrary contained herein, THE FRANCHISER shall have the right to terminate this agreement within three calendar months notice if in its opinion, the work or service provided are not up to the minimum standard or FRANCHISEE commits a breach of any of the clauses of this agreement provided however, that the FRANCHISEE shall be entitled to terminate this agreement by giving equal time to the FRANCHISER if in the opinion of the FRANCHISEE, the FRANCHISER has failed to provide the necessary support as provided in the agreement, provider further that such termination of the agreement by the FRANCHISEE shall not exclude the franchisees liability in respect of royalty for the period including the period of notice, prior to effective date of termination. 29. Franchiser is not collecting any Deposit, Registration fee or any fee or charges on signing of this agreement. The franchisee is liable for Royalty for using the brand name and for support services giving by franchiser. 30. Nothing herein contained shall be deemed to be a partnership or joint venture and any other similar relations by whatever name called 31. All disputes and differences between the parties hereto regarding construction and or interpretation of any of the terms and conditions herein contained or for determination of any liability hereunder or touching or concerning the same, shall be referred to the arbitration under the provisions of Indian Arbitration Act, Courts of ALAPPUZHA alone shall have the jurisdiction to try and determine all actions, suits and proceedings in respect of any disputes arising out of this agreement.

9 IN WITNESS WHEREOF the parties have hereinto set and subscribed their respective hands and seal the day, month and Year first above written. For P N N B P O INDIA Pvt. Ltd Managing Director SIGNED in presence of: 1)... 2).. DATED: DATED: