Professional's Terms and Conditions

AYKA Info Services LLP

Professional Terms and Conditions

Effective from 20th August 2024

If this document is not in a language that you understand, you shall contact Savis at savis.infoservices@gmail.com. Failure to do so within 12 (twelve) hours from the time of receipt of this document and your acceptance of this document by clicking on the ‘I accept’ button shall be considered as your understanding of this document. This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable, and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking on the “I accept” button on this electronic contract, you are consenting to be bound by this subscription agreement along with the various exhibits attached to the subscription agreement. Please ensure that you read and understand all the provisions of this subscription agreement and exhibits before you start using the portal, as you shall be bound by all the terms herein upon clicking on the “Accept & Continue” button on this electronic contract. If you do not accept any of the terms contained herein, then please do not use the portal or avail any of the services being provided therein. Your agreement to the subscription agreement shall operate as a binding agreement between you and Savis in respect of the services of the portal. It is hereby expressly clarified that the provisions of this subscription agreement will not apply to your services provided for ‘Savis corporate’ i.e., arrangements entered into by Savis with various corporate entities.

This Agreement is made between AYKA Info Services LLP, a company registered under the Companies Act, 1956 and having its corporate office at # 124 Subhaga, 1st floor, 3rd Main 8th Cross, Ramakrishna Nagar I Block MYSURU - 570022, India (hereinafter referred to as “SAVIS” which expression shall mean and include its representatives, successors in–office, affiliates and assigns) on the ONE PART;

AND

A service provider who is a professional, who provides service (as listed) on hire and is desirous of listing itself on the Portal, details of which are provided in Exhibit A, so as to provide services to the users of Portal. The service provider has represented that the service provider fulfills the eligibility criteria annexed hereto as Exhibit D and is in compliance with all applicable laws for the provision of services through the Portal.

A service provider who is a professional, desirous of listing himself on the Portal, details of which are provided in Exhibit A, so as to provide services to the users of Portal. The service provider has represented that the service provider fulfills the eligibility criteria annexed hereto as Exhibit D and is in compliance with all applicable laws for the provision of services through the Portal.

(hereinafter referred to as the “Service Provider”) of the OTHER PART.

SAVIS and the Service Provider shall hereinafter individually be referred to as “Party” and collectively as “Parties”. Exhibits ‘A’, ‘B’, ‘C’ and ‘D’ are collectively referred to as ‘Exhibits’. WHEREAS SAVIS owns and operates an online marketplace called “SAVIS”, an online Service booking platform, and any upgrades from time to time and any other software that enables the use of the application or such other URL as may be specifically provided by SAVIS (“Portal”) that lists and aggregates the service providers registered with it. AND WHEREAS on the basis of the representations and warranties provided by the Service Provider, SAVIS has agreed to list the Service Provider on the Portal (“Service Provider App”) to enable the Service Provider to provide services (“Services”) through ‘Service Provider’s App’ in accordance with the terms and conditions as hereinafter provided.

NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS

I. Scope and Obligations

The execution of this Agreement and providing the details in Exhibit A (hereinafter referred to as “Registration Data”) shall effect in the registration of the Service Provider with SAVIS and shall make the Service Provider eligible for an online account on the Service Provider’s App (“Account”) for providing Services through the Service Provider’s App.
The Service Provider registration with SAVIS shall at all times be subject to compliance with the requirements set out in Exhibit D and Exhibit B respectively. The Service Provider registration with SAVIS shall further be subject to such other details and documents in respect of the Service Provider as more fully described in Exhibit A. The Service Provider hereby understands and consents to the collection, storage and sharing of Aadhaar card and any information extracted therefrom with Third Party Vendors and/or Government Authorities, for the process of onboarding and background verification.
The Service Provider acknowledges and agrees that all rights, obligations and liabilities of the Service Provider and SAVIS shall be governed in accordance with this Agreement and the Service Provider terms and conditions available at the offices of SAVIS (“Service Provider T&C”) and, a copy of which is annexed as Exhibit B to this Agreement. The Service Provider hereby represents that the Service Provider has read and understood this Agreement and the Service Provider T&C fully and the terms contained therein are agreeable to the Service Provider.

II. Device

For registration on the Service Provider App, the device of such model and functionality as may be specified and notified by SAVIS to the Service Provider, more specifically set out under the Commercial Term Segment in Exhibit C, Service Provider shall bring his own device. The Service Provider hereby agrees that Device (both the terms defined hereunder), as the case may be, shall be switched on during the performance of the Service without being any exceptions whatsoever. The provisions relating to Device shall be as set out below:
Device: For registration on the Service Provider App, the Service Provider shall bring his own Device, of such model and functionality as may be specified and notified by SAVIS to the Professional. In such event SAVIS will assist the Service Provider in installing the Service Provider App in the Device brought by the Service Provider after SAVIS verifies that the Device meets the requirements and specifications as required by SAVIS. SAVIS shall also instruct the Various Service Provider in the use of the Device in respect of the Service Provider App and Portal, if required. If the Device is stolen, the Service Provider shall ensure that the Service Provider App and his Account is immediately blocked, suspended or deactivated. In such event, the Service Provider shall approach SAVIS’s designated offices with a new Device for installation of the Service Provider App in the new Device and charge such fee as may be determined by SAVIS under clause II(4) of this Agreement.
The Service Provider shall not use the Device for any illegal or unlawful purposes and shall use the Device solely in accordance with the terms of this Agreement. The Service Provider shall solely be responsible and liable for any violations of law committed by the Service Provider, misuse of the Device and misuse of the sim card used in the Device.
In the event the Service Provider App is not functioning properly on the Device, the Service Provider shall immediately inform SAVIS’s designated offices for any malfunctions with the Service Provider App and compatibility of the Device with the Service Provider App.
If the Device is damaged and is not repairable due to any act or omission of the Service Provider, the Service Provider shall immediately approach only SAVIS’s designated offices with a new Device for installation of the Service Provider App on the new Device. In this connection, SAVIS may charge such fees as may be determined by SAVIS for re-installation of the Service Provider App in the Device.
SAVIS will assist the Service Provider in installing the Service Provider App and other programs including but not limited to software, applications, and content, as may be solely determined by SAVIS. SAVIS will instruct and train the Service Provider for use of the Device(s), if required.
The Service Provider shall not use the Device(s) for any illegal or unlawful purposes including but not limited to playing/watching pornographic content and shall use the Device(s) solely for purposes determined by SAVIS and strictly in accordance with this Agreement. The Service Provider shall solely be responsible and liable for any violations of law committed by the Service Provider, misuse of the SAVIS installed Device(s) and misuse of the sim card provided, if any, with the SAVIS installed Device(s).
The Service Provider shall ensure that the Device(s) is maintained in his possession in a proper manner.
In the event the SAVIS application is not functioning properly or if there is any technical or safety issue in relation to the SAVIS application, the Service Provider shall immediately deposit the SAVIS installed Device(s) only at SAVIS’s designated office for checking the SAVIS application for any malfunctions. If the SAVIS Mobile is damaged and is not repairable due to any act or omission of the Service Provider.
In the event the SAVIS installed Device(s) is misplaced by the Service Provider or if it is stolen from Service Provider, the Service Provider shall promptly notify SAVIS in writing and immediately proceed to file an FIR in the police station within the jurisdiction. Once FIR is filed, Service Provider shall submit the FIR copy along with amounts, as may be determined by SAVIS. The Service Provider shall fully cooperate with SAVIS and the authorities during the investigation process in relation to the misplaced or stolen SAVIS installed Device(s). In the event Service Provider fails to file an FIR for loss of SAVIS Installed Device(s) or if in SAVIS’s opinion, fails to cooperate with SAVIS and authorities, SAVIS shall be entitled to terminate the Agreement with immediate effect, without prejudice to SAVIS’s rights under this Agreement and under applicable law.
Upon termination of this Agreement or deactivation of your Account, the Various Service Provider shall immediately uninstall the application and in any event not later than 24 (Twenty-Four) hours from the date of such termination or deactivation.
The Service Provider shall not create any lien, pledge, encumbrance or other third-party security interests in any manner on SAVIS installed Device(s).
The Service Provider shall be responsible for the safety and security of the SAVIS installed Device(s).
The Service Provider shall use the SAVIS installed Device(s) with due care and caution and not do anything or permit anything to be done that may cause damage to the SAVIS installed Device(s) or that is contrary to the instructions and training provided to the Service Provider in relation to the use of SAVIS installed Device(s).
SAVIS shall be entitled to call upon the Service Provider for review and inspection of the SAVIS installed Device(s). On being called upon, Service Provider shall report to the designated offices of SAVIS within two (2) days from the date of request from SAVIS. The Service Provider shall fully cooperate with SAVIS in conducting such inspection of the SAVIS installed Device(s). In the event, the Service Provider fails to produce the device for inspection within the prescribed timeline set out in this Clause II (13) or doesn’t cooperate with SAVIS for inspection, SAVIS shall be entitled to take legal action under this Agreement and applicable laws.

III. Representations and Warranties

The Service Provider represents and warrants that the Service Provider is the registered owner or the lessee, as the case may be, of the Application installed Device(s) and permit holder for the provision of Services of the Application installed Device(s).
The Service Provider represents and warrants that the Service Provider has all requisite power and authority to deliver and perform the obligations imposed herein.
The Service Provider represents and warrants that entering into and performance of the transactions contemplated by this Agreement and Service Provider T&C does not and will not conflict with any law or regulation applicable to the Service Provider or any guidelines, rules, regulations including any judicial, official, governmental and/or statutory and/or regulatory orders and/or judgments whether interim, final or otherwise or with any other contract to which the Service Provider is a party.
The Service Provider warrants that the SAVIS installed Device(s) will be maintained in his possession in a proper manner. The Service Provider shall ensure Service Provider’s continued performance under this Agreement is not compromised with.
The Service Provider hereby expressly agrees that the Service Provider shall not use the Mobile for any illegal purposes.
The Service Provider warrants that the Devices (SAVIS installed Device(s)) will be used only for the purpose set out under this Agreement.
The Service Provider represents and warrants that the Service Provider has not been convicted by any court in India for any cognizable offense or an offense punishable with imprisonment for more than 3 years, under the laws of India.

IV. Disclaimer

You agree that SAVIS’s role is limited to:
1. Managing and operating the Portal and the Service Provider App and being a marketplace solely for the display of the Services in the manner decided by SAVIS unilaterally,
2. Being an online booking platform facilitating the provision of Services by the Service Provider to the users of the Portal, and
3. Payment collection through any mode of online to facilitate the transactions between Service Provider and the users of the Portal. Accordingly, SAVIS is merely an intermediary providing online marketplace services and the Service Provider App is only a platform where Service Provider shall offer Services to the users on execution of the Agreement and registration and acceptance by users of the customer terms and conditions on the Portal.
SAVIS disclaims and shall disclaim all representations and warranties to the Various Service Provider, of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes in respect of the SAVIS installed Device(s), Service Provider’s App and Portal or the services provided through the Service Provider App on the Portal and accordingly, disclaims all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of the use and access of SAVIS installed Device(s), Service Provider’s App and Portal.
To the extent permissible under applicable laws, SAVIS disclaims and shall disclaim all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of the breach by the Service Provider (a) of the applicable laws in respect of the Various Services; (b) of the terms of the applicable licenses and permits that are issued by the various authorities; (c) of the terms of the Service Provider T&Cs; or (d) of the duty of care the Service Provider owes to the users of the Portals.
SAVIS does not warrant to the Service Provider that the Service Provider will be able to use the SAVIS installed Device(s), Service Provider App on the Portal at all times or that the SAVIS installed Device(s) and Service Provider App on the Portal and the Various Services provided through the Service Provider App on the Portal will be uninterrupted or virus free or error-free or free from any technical glitches or malicious software and that the defects will be corrected by SAVIS.

V. Payment Terms

In consideration of SAVIS providing the Service Provider’s and the Application installed Device’s information on the Portal, and for enabling the Service Provider to provide Various Services through Service Provider App on the Portal, various payments, more particularly set out in the Commercial Terms Segment annexed hereto as Exhibit C, between the Service Provider and SAVIS (“Fees”) shall be settled in the manner set out and paid in the manner set out in the Commercial Terms Segment annexed hereto as Exhibit C.

VI. Confidentiality

The Service Provider acknowledges that pursuant to this Agreement, the Various Service Provider will have access to confidential information of SAVIS and its affiliates, which has been provided by SAVIS. The Service Provider undertakes to keep confidential all data and other confidential information of SAVIS and shall not sell or otherwise make that information available to any third party. Confidential information shall mean and include all information, whether verbal or written, disclosed to the Service Provider by SAVIS or Portal users, as the case may be, but not be limited to Portal user’s details (i.e., Personal Information and sensitive personal information as defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information, Rules, 2011), phone numbers, market information, all work products and documents related thereto, the contents of the Portal, Professional App or any other information, whether provided orally or in writing, received or to be received by the Service Provider. Further, the Confidential Information at no times can be disclosed to any party in the same or similar business as that of SAVIS (“Competitor”). In the event, SAVIS becomes aware that the Confidential Information has been disclosed to a Competitor or has been used for the benefit/interest of the Competitor, SAVIS can claim such direct and indirect damages as it may suffer due to such losses.

VII. License and Proprietary Rights

License Grant: Subject to the terms and conditions of this Agreement, SAVIS hereby grants the Service Provider a limited, non-exclusive, non-transferable, non-sub licensable, non-assignable license, during the term of this Agreement, to the Service Provider App on the Portal of SAVIS solely for the purpose of providing Services to the Portal users and also for settlement of Fees between SAVIS and Service Provider. All rights not expressly granted to the Service Provider are reserved by SAVIS.
Ownership: The Portal, Service Provider App and Confidential Information, including but not limited to all intellectual property rights such as company name, logos, product and service names, trademarks, services marks or other indicia of ownership (“SAVIS Intellectual Property”), shall remain (as between the Service Provider and SAVIS) the property of SAVIS. Neither this Agreement, the Service Provider T&C nor Service Provider’s use of the Portal and Service Provider App conveys or grants to the Service Provider any rights:
1. In or related to the Portal and Service Provider App, except for the limited license granted above; or
2. To use or reference in any manner SAVIS’s Intellectual Property.
The Service Provider agrees that it shall not reproduce, transcribe or make any copies of the SAVIS Intellectual Property, in any form or manner and not copy or reverse engineer, or attempt to derive the composition or underlying information, structure or ideas of any such SAVIS Intellectual Property.

VIII. Indemnification

The Service Provider agrees and undertakes to indemnify and hold harmless SAVIS and other parties determined by SAVIS, SAVIS affiliates, successors, agents, assigns, and each of their partners, officers, employees, associates, agents, and representatives from and against any losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys’ fees) incurred by reason of:
1. Any breach or alleged breach by the Service Provider of the Service Provider’s obligations, responsibilities, representations, or warranties under the Subscription Agreement and/or Service Provider T&C;
2. Breach of any service level commitments provided in Exhibit B;
3. Any infringement or unauthorized use of intellectual property rights of SAVIS including but not limited to infringement of intellectual property rights of SAVIS in the Service Provider App or Portal;
4. Any breach of the confidentiality obligations of the Service Provider under this Agreement or Service Provider T&C;
5. Any violation of the applicable law, applicable license of the various authorities;
6. Any of SAVIS policies by the Service Provider;
7. Any harm to the reputation and goodwill of SAVIS directly attributable to the Service Provider;
8. Damage, unauthorized use or loss of the Service Provider App in the Device;
9. Death, fraud, theft, misconduct, negligence or deficiency of Services by the Service Provider;
10. Personal injury to or property damage of user of Portal if any, asserted against SAVIS and its associates by reason of the use and operation of Service Provider’s Application installed Device(s);
11. Civil or criminal offense under law or in the opinion of SAVIS;
12. Failure of the Various Service Provider to make tax payments in accordance with applicable laws.
The Service Provider shall be liable to indemnify and hold SAVIS harmless against all damages, losses, costs and expenses incurred by SAVIS as a consequence of any complaint from any user of the Portals received by SAVIS with respect to deficient Various Services.
Notwithstanding anything contained in this Agreement, however, subject to applicable laws, the total aggregate liability of SAVIS under this Agreement or Service Provider T&C whether in contract (including in respect of the indemnity), tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising out of or in connection with the performance or contemplated performance of this Agreement shall be limited to INR 1000/- (Rupees One Thousand).

IX. Specific Indemnity

The Professional shall be solely liable for any and all accidents/incidents involving the Application installed Device, while providing the Services. SAVIS shall not be held liable for any such accidents/incidents involving the Professional’s Application installed Device. All miscellaneous expenses pertaining to the Application installed Device, such as maintenance expenditures, etc., shall be borne solely by the Professional, and SAVIS shall not be held liable or responsible for the same.

X. Entire Agreement

This Agreement along with, various Exhibits and Service Provider T&C, which Exhibits and Service Provider T&C will be e-contracts, shall form the entire agreement between the Parties and shall supersede and override all previous communications, either oral or written, between the Parties with respect to the subject matter of this Agreement, and no agreement or understanding varying or extending the same shall be binding upon any Party hereto unless arising out of the specific provisions of this Agreement or Service Provider T&C. In the event of any contradiction between the terms contained under this Agreement and the Service Provider T&C, the terms of the Service Provider T&C shall prevail.

XI. Term and Termination

This Agreement shall be valid for a period of 5 (five) years and shall be renewed automatically, unless otherwise agreed between the Parties.
The Parties to this Agreement shall be entitled to terminate this Agreement with a prior written notice of 7 (seven) business days to the other Party without assigning any reason for the termination.
SAVIS shall be entitled to terminate this Agreement immediately for breach of any terms in this Agreement by the Service Provider.
Upon termination of this Agreement, the registration of the Service Provider with SAVIS shall stand cancelled and the Account shall be terminated and the Service Provider shall not be eligible to ply his Application installed Device(s) on the Service Provider App on SAVIS’s Portal.

XII. Notice

Any notices, requests and other communications required or permitted hereunder shall be in writing and may be sent by any of the following means to the receiving Party at the relevant addresses set forth in this Agreement:
1. By electronic mail. For the purposes of this sub-clause the Parties’ electronic mail addresses shall be the following, unless otherwise intimated by the Parties to each other:
  - SAVIS: savis.infoservices@gmail.com;
  - Service Provider: As provided during attachment.
2. By SMS sent to mobile number at: 9686442033
3. By hand, against a written acknowledgement of receipt by the receiving Party.
4. By registered mail.
In the event the delivery of the notice is attempted to be made by means set out in clauses XII(1)(iii) and (iv) by the Party, the notice shall be deemed delivered on the third day from the date of the notice.

XIII. Relationship between Parties

During the Term of this Agreement, the Service Provider shall operate as and have the status of an independent contractor and shall not act as, be or construed to be an agent or employee of SAVIS. The relationship between the Parties is on a principal-to-principal basis, and none of the provisions of this Agreement shall be interpreted as creating the relationship of employer and employee between the Service Provider and SAVIS at any time, under any circumstances or for any purpose. Therefore, the Service Provider will not be entitled to any employee benefits, statutory or otherwise, offered by SAVIS to its employees including but not limited to wages, vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, or employee benefits of any kind. The Various Service Provider shall be responsible for the payment of all applicable taxes to which he may be subject as an independent contractor.
The Service Provider agrees not to assume or create any obligation or responsibility, express or implied, on behalf of or in the name of SAVIS. The Service Provider does not have the authority to create, modify or terminate a contractual relationship(s) between SAVIS and any third party or act for or bind SAVIS in any respect. Any act of the Various Service Provider on behalf of SAVIS which may be regarded as over and above the duties and responsibilities as provided in this Agreement, shall be deemed to be unauthorized, unlawful and the Service Provider shall be personally liable for the same.

XIV. Governing Law and Dispute Resolution

If any dispute arises between the Service Provider and SAVIS, in connection with, or arising out of, this Agreement, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed by SAVIS. Arbitration shall be held in Mysuru. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
This Agreement shall be governed by and construed in accordance with the laws of India. Subject to clause XIII (1), the courts in Mysuru shall have the exclusive jurisdiction in connection with this Agreement.
In addition to above remedies, SAVIS shall be entitled to an interim injunction, restraining order or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain Service Provider from committing any violation of the covenants and obligations set out in this Agreement. These injunctive remedies are cumulative and are in addition to any other rights and remedies SAVIS may have at law or in equity.

XV. Amendment

SAVIS may amend the provisions of this Agreement and Exhibits annexed to this Agreement at its own discretion and notify in accordance with the means provided in clause XII such amendments to the Service Provider.

EXHIBIT-A

DETAILS OF MOBILE AND THE SERVICE PROVIDER

Part I - Details of Application Installed Device:

Information to be provided: Personal, work experience, License, etc., and such other information as may be required by SAVIS.
Documents to be provided:
1. Passbook or cancelled cheque;
2. Such other documents as may be required by SAVIS.

Part II - Details of the Service Provider:

Information to be provided:
1. Name:
2. Permanent Address:
3. Current Address:
4. Phone no.:
5. Email id:
6. Aadhaar No:
7. PAN No:
8. Bank Account details of the Service Provider (Bank name, account number and IFSC Code);
9. Bank Account details of the Beneficiary (if any);
10. Contact details of 2 (two) family members of the Service Provider;
11. Such other documents/information as may be required by SAVIS.
Documents to be provided:
1. A passport size photograph of the Service Provider;
2. Copy of valid Aadhaar Card of the professionals who will be providing services on SAVIS platform;
3. Copy of the experience certificate issued by the relevant Various Department of professionals who will be employed by Service Provider to provide services on SAVIS platform;
4. Copy of the Police verification report of the professionals who will be employed by Various Service Provider to provide services on SAVIS platform. Provided that, for purposes of the police verification, if SAVIS or SAVIS’s authorized agency is assisting the Service Provider with police verification process, the Service Provider authorizes SAVIS or SAVIS’s authorized agency, as the case may be, for appearing, signing and executing documents in respect of police verification of the Service Provider from time to time;
5. Self-attested copy of the EPIC Card;
6. Self-attested copy of PAN Card of Service Provider;
7. Copy of residential proof such as utility bill, ration card, passport etc. of the Various Service Provider’s and professionals employed by Service Provider to provide services on SAVIS Platform;
8. Passbook or cancelled cheque of Service Provider;
9. Mobile ownership document and
10. Such other documents/information as may be required by SAVIS.

Notes:

Complete details on the SAVIS Registration Page at savis.in
In case of operator attachments, for Part I) and Part II (B), please provide information/documents of all the Application installed Devices/professionals proposed to be used for Services.

EXHIBIT-B

SERVICE PROVIDER TERMS AND CONDITIONS

PROFESSIONAL TERMS AND CONDITIONS

These Terms and Conditions (as defined) shall be applicable as set out below:

If the Service Provider (as defined in the Subscription Agreement) is an Operator providing Services to the Customers through the Professionals employed by the Operator, these Terms and Conditions shall be interpreted in the manner so as to apply to the Operator as well as to the Professionals employed by the Operator;
If the Service Provider is an individual providing Services to the Customers directly, these Terms and Conditions shall be interpreted in the manner so as to apply to an individual Service Provider Operator.

DEFINITIONS:

All of the defined and capitalized terms in these Professional T&C will have the meaning assigned to them herein below. Any term not defined here shall have the meaning assigned to it in the Subscription Agreement.

Acceptance:: Means your affirmative action of clicking on the box against the words “ACCEPT & CONTINUE” provided at the end of these Professional T&C, by which action, you unequivocally accept the Professional T&C and any modifications thereof.
Account:: Refers to the account created by SAVIS at its sole discretion, for the Professional subsequent to the Professional submitting and SAVIS verifying the Registration Data.
Applicable Laws:: Shall mean and include all applicable statutes, enactments, acts of the legislature or the Parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any Governmental authority, tribunal, board, or a court, in India.
Booking:: Shall mean the allotted Service Request.
Business Day:: Means a day on which banks are open for business in the City of Operation.
Cancellation Fee:: Shall mean the fare payable by the Customer towards cancellation of a Service Booking made by a Customer.
City of Operation:: Shall mean the city in which the Subscription Agreement is executed by and between the Professional and SAVIS.
Commercial Term Segment:: Shall mean Exhibit C of the Subscription Agreement, which contains the commercial terms for Service provided by the Professionals.
Content:: Shall have the meaning given to it in 7.1.
Convenience Fee:: Shall mean the fee payable by the Customer for availing the technology services offered by SAVIS. Convenience Fee will be charged for each Service Request placed by the Customer on the Portal.
Customer:: Shall mean such person, who places a Service Request on the Portal and has accepted the Customer Terms of Use and Privacy Policy of the Portals (as applicable).
Customer’s Terms of Use:: Shall mean the Customer Terms and Conditions as provided on the SAVIS Portal for availing the Service.
Device:: Shall mean SAVIS installed Device, used for performance of the Services.
Professional or You or Your or Yourself:: Shall mean an individual, who has an Account with SAVIS and in the event of Operator Professionals, shall include the Operator Professionals for purposes of compliance with these Terms and Conditions.
Professional App:: Means the electronic interface on the SAVIS Portal from where the Professional’s Account is accessible to the Professional. Login credentials (User ID and Password) for the Professional App shall be provided by SAVIS.
Professional Proceeds:: Shall mean the net amount receivable by the Professional after deduction of SAVIS’s commission and such other amounts as may be provided in the Commercial Terms Segment or notified otherwise.
Service Charges:: Shall mean the charges payable to the Service Provider as is also reflected on the Device after completion of the Service. The Professional permits SAVIS to review and revise the charges as per the market conditions.
Force Majeure:: Shall have the meaning given to in Clause 16.4.
Information:: Shall mean the details furnished by the Professional at the time of signing the Subscription Agreement and/or otherwise during and after the Professionals registration on the Professional App on the Portal and successful creation of an Account.
SAVIS or We or Us or Our:: Shall mean AYKA Info Services LLP, having its corporate office at # 124 Subhaga, 1st floor, 3rd Main 8th Cross, Ramakrishna Nagar I Block MYSURU - 570022, India, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.
SAVIS Connect:: Shall be intended to provide a fully connected interactive experience to the Customer.
Professional:: Shall mean a service provider who has listed himself/itself and his/its fleet of application installed Devices on the Portal to provide Services to the Customers.
Parties:: Shall mean, collectively, the Professional and SAVIS and “Party” shall refer to any one of them.
Portal:: Shall mean such features of the SAVIS mobile application or other programs, software, mobile applications including but not limited to SAVIS connect and Professional App, owned by, licensed to and controlled by SAVIS, and other URLs as may be specified by SAVIS from time to time.
Posted Content:: Shall have the meaning given to in Clause 7.4.
Service:: Means the service of the Customer at the time of placing his/her Service Request and accepted by the Professional.
Service Request:: Means a request placed by the Customer on the Portal to avail the Service offered by the Professional.
Subscription Agreement:: Shall mean the agreement entered into between SAVIS and the Professional/Operator pursuant to which the Professional/Operator has agreed to provide services in accordance with these Professional T&C, as amended from time to time.
Subscription Amount:: Shall mean the amount paid by the Professional at the time of subscription to Portal of SAVIS of Rs.3000/- (Rupees Three Thousand) only per year from the date of registration.
SAVIS Policies:: Means the “Privacy Policy”, Zero Tolerance Policy & such other policies (including any amendments thereof), which SAVIS may issue and make applicable to Professional from time to time and make available to the Professional on the Professional’s request.
Term:: Means the period commencing from the date of acceptance of the Professional T&C by the Professional up to the date of termination of the Subscription Agreement and/or these Professional T&C.
Terms and Conditions or Professional T&C:: Refers to these Professional T&C which are available at the Portal, as may be amended from time to time.
Wallet:: Shall mean the prepaid payment instruments available for payments in the SAVIS Portal.
Zero Tolerance Policy:: Shall mean the policy of SAVIS as detailed under the Annexure to these Professional T&C, as may be amended from time to time.

1. APPLICABILITY OF PROFESSIONAL T&C

These Professional T&C together with the Subscription Agreement, Commercial Term Segment, Zero Tolerance Policy, SAVIS Policies, shall be deemed to be incorporated by reference into these Professional T&C and shall form the complete understanding between the Parties. By accepting the Professional T&C, you acknowledge and agree to the Subscription Agreement and various Exhibits to the Subscription Agreement, SAVIS Policies and any other policy that SAVIS makes applicable to You from time to time, to the fullest extent possible. Additionally, you hereby understand and consent to the collection, storage and sharing of Aadhaar card and any information extracted therefrom with Third Party Vendors and/or Government Authorities, for the process of onboarding and background verification.

2. Scope of Services

2.1 You agree that SAVIS’s role is limited to being a marketplace solely for managing and operating the Portal for the display of the Service in the manner decided by SAVIS unilaterally, payment collection through cash, or Wallet to facilitate the transactions between You and the Customers of the Portal. Accordingly, SAVIS is merely an intermediary providing online marketplace services and the Portal is only a platform where You shall offer Service to the Customers. The contract for availing the Service shall be a contract solely between You and the Customer. At no time shall SAVIS have any obligations or liabilities in respect of such contract.

2.2 The Professional confirms and undertakes that SAVIS does not own or in any way control the Mobile used by a Professional rendering the said Service to the Customer. SAVIS shall not be held liable or responsible in any manner whatsoever for any insufficiency or deficiency of the Service rendered by the Professional to the Customer. SAVIS does not make any representations or warranties regarding the quality of the Service provided by You.

3. SERVICE REQUESTS

3.1 On receipt of a Service Request, Booking will be allotted to the Professional on the Device or in such other manner as may be agreed between the Professional and SAVIS from time to time.

3.2 The Professional shall duly complete all Bookings allotted in connection with the Services and promptly notify SAVIS immediately by means of short message service / telephonic calls of any changes / deviations to the Booking, which may affect the provision of the Service.

3.3 In the event the Professional requires any assistance in connection with the Portal, Service Requests, Service etc. therein, he / she should contact the SAVIS call centre. If the assistance pertains specifically to the Device, Professional App, Portal or anything therein, then such issue may be directed to the call centres of SAVIS.

3.4 Upon a Service Request being allotted to the Professional on the Professional App, SAVIS may provide to the Customer, the picture of the Professional, mobile phone number of the professional and such other information as required under Applicable Laws or as SAVIS may deem fit, as the case may be, required by the Customer to identify the Professional.

3.5 Once a Booking is allotted, SAVIS will provide the Professional with the necessary Customer information in order to enable the Professional to satisfactorily provide the Service. Such information shall be treated as confidential information in terms of Clause 13 below.

3.6 In the event, the Professional is a female; the Professional shall not accept Service Requests from 20:00 hours in the evening to 08:00 hours in the morning.

4. COMMUNICATION

4.1 When You use the Professional App on SAVIS’s Portal or send emails or other data, information or communication to SAVIS, you agree and understand that You are communicating with SAVIS through electronic records and You consent to receive communications via electronic records from SAVIS periodically and as and when required. SAVIS may communicate with You by email or by such other mode of communications, electronic or otherwise.

4.2 You hereby expressly consent to receive communication from SAVIS through Your registered phone number and/or e-mail id. You consent to be contacted by SAVIS via phone calls/SMS notifications. You agree that any communication so received by You from SAVIS will not amount to spam, unsolicited communication or a violation of Your registration on the ‘national do not call registry’.

4.3 By registering with SAVIS, you hereby agree to (i) provide Information that SAVIS has a legal duty to request from a Professional on account of the Know Your Customer norms under Applicable Laws including without limitation your Permanent Account Number (PAN); and (ii) undertake due diligence and update Yourself on Applicable Laws that may have implications on Your liability as a Professional. You shall be responsible for the payment of all applicable taxes to which he may be subject as an independent contractor.

4.4 You acknowledge and agree that Your Information may be transferred or stored in a server outside India or the country where You are located in order to perform SAVIS’s obligations under these Professional T&C.

5. OBLIGATIONS OF THE PROFESSIONAL

5.1 The Professional shall ensure and confirm that he understands the language of the Professional App /Portal and shall ensure that he/she chooses the language that he best understands from amongst the languages that the Professional App / Portal supports.

5.2 The Service provided through the Portal by the Professional shall be of the highest quality as per industry standards and in accordance with the oral and written requirements of SAVIS. The Professional shall be liable for any loss caused to SAVIS and/or the Customer due to negligence of the Professional in the performance of the Service.

5.3 The Professional be deemed to be informed and shall also strive to stay informed about conditions such as bandhs, strikes, curfews, traffic disruptions, weather conditions and the like that could affect the Service. The Professional shall, immediately intimate SAVIS, and disclose any such adversity that he may become aware of.

5.4 The Professional shall provide the Service to the Customers in a courteous, effective and timely manner.

5.5 The Professional shall ensure and shall hold and keep-updated / renewed all licenses necessary for the use of Mobile on the Portals.

5.6 The Professional shall not undertake or assist in any unlawful or illegal activity while performing Services.

5.7 The Professional, or any Service Provider shall not allow unauthorized persons to Use the Application installed Device. SAVIS reserves the right to take any action at its sole discretion for any violation by the Professional or the Service Provider, which may extend to but not limited to termination and/or other legal action.

5.8 The Professional or any Service Provider shall ensure the safety and security of the Customers, his own self and that of the Mobile at all times. The Professional shall immediately bring to the notice of SAVIS any deviation from the provision of the Service/s as required under the terms of these Professional T&C, including but not limited to any accidents, damage to life or property.

5.9 The Professional agrees that any breach of the Subscription Agreement or these Professional T&C by him/her is likely to cause SAVIS substantial and irreparable damage and therefore, in the event of any such breach, in addition to such other remedies which may be available SAVIS shall have the right to specific performance and injunctive relief.

5.10 The Professional shall ensure that he is not using the Device for any purpose other than for providing Service in the manner provided under these Professional T&C. The Professional shall ensure that the Device is not busy for long, unavailable or switched off while the Mobile is being plied on the Portal.

5.11 The Professional shall not use / access video / interactive content on the Portal when the Professional is at the customers place on the Application installed Device. However, during halts doesn’t lead to deficiency of Service or negligence towards the Customer.

5.12 On allotment of a Booking in response to a Service Request, the Professional shall ensure that he arrives on time.

5.13 The Professional shall ensure that the Customer pays the Total Fee as well as additional surcharge (if applicable) and any fee or levy presently payable or hereinafter imposed by Applicable Law. In the event, the Customer pays by cash for the Services, the Service Provider shall collect the Total Fee and remit the Convenience Fee and Cancellation Fee (if any), to SAVIS in the manner solely determined by SAVIS.

5.14 The Professional will have a functioning mobile number and also have the ability to read text messages sent by SAVIS, regarding the Customer details and to convey Customer feedback.

5.15 In the event Customers property, shall not be damaged or tampered with by the Professional and shall be reported immediately by the Professional directly to SAVIS. In the event the Professional pilfers or tampers with the property of the Customer, the Professional shall be solely liable for any damages claimed by the Customer and SAVIS may at its sole discretion terminate the Professional’s registration and disable the Professional’s access to the Portal. SAVIS shall in no event be liable for loss of or damage caused to the property of the Customer.

5.16 Professional hereby acknowledges and agrees that SAVIS shall alone be responsible for settling any payment related issues between Customer and Professional. In case of any conflict, the Professional shall seek instructions from SAVIS. The Professional agrees that the decision taken by SAVIS shall be final and binding on the Professional in the aforesaid case.

5.17 The Professional shall make himself/herself available for such trainings as SAVIS may be required to organize pursuant to Applicable Law or as SAVIS may deem necessary from time to time.

5.18 The Mobile shall be the sole responsibility of the Professionals and the Professional shall be liable or responsible for any loss or damage to the Mobile caused by a Customer or any other third party for any reason whatsoever.

5.19 The Professional shall behave in a right manner and during the performance of the Services, not consume liquor / cigarette / bidi, or any other kind of intoxicant while performing the Service/(s). The Professional shall not take any personal calls except in the event of an emergency, without prejudicing the safety of the Customer. Professional shall take all calls from the Customer and SAVIS only after exit of the customer’s place.

5.20 Any cancellation of the allotted service Booking is prohibited except in exceptional circumstances based on a justifiable explanation provided by the Professional. The Professional shall immediately inform SAVIS in case of any cancellation or refusal of allotted Booking. Further, the Professional hereby agrees such cancellation or refusal to provide Service may, lead to a deduction in form of withholding of part or whole of the Professional Proceeds.

5.21 The Professional agrees that the costs associated with the maintenance of the Mobile shall be borne by the Professional.

5.22 The Professional shall be solely responsible for:

i. any failure to complete a Service Request accepted by the Professional;
ii. any failure to reach the Customer(s) at the allotted time and/or place;
iii. any act or omission on the part of its Professionals including any rash and negligent behaviour, verbal, physical or harassment of any nature;
iv. any violation or non-adherence to the Applicable Law by it;
v. any nuisance or damage caused to the property of SAVIS by the Professional or any misbehaviour with SAVIS representatives; misbehaviour shall include within its purview using abusive language, causing physical harm and making indecent gestures;
vi. any physical and/or mortal danger caused to the Customers whilst using or in connection with the Service;
vii. any delay of more than 30 (thirty) minutes caused to the Customer(s); and
viii. charging excess Fee from the Customer.

5.23 The Professional, shall not either directly or indirectly:

i. engage in any conduct that damages the reputation or causes inconvenience in any manner, to SAVIS; or
ii. be the reason for SAVIS to be a part of any negative publicity.

5.24 The Professional hereby agrees that any complaint/s by Customers regarding the Professional will be considered to be a breach of the obligations by the Professional hereunder for which SAVIS shall not be responsible in any manner. If there is any serious complaint regarding any particular or Professional, SAVIS may, in its sole discretion, immediately terminate the Account of such Professional, by providing a written notice to Professional to this effect.

5.25 Professional will maintain all relevant books, records and accounts relating to the Services provided by Professional and payments collected. Upon reasonable notice, SAVIS may audit, or may appoint a qualified independent auditor to audit, the books and records of the Professional to verify the accuracy of the number of payments collected by the Professional. If such audit reveals any discrepancies with respect to the payment collected and submitted to SAVIS, then in addition to SAVIS retaining the right to exercise other remedies, may require the Professional to promptly pay SAVIS an amount equal to the discrepancy and may ask for an additional amount as fine from the Professional. The audits will be conducted at SAVIS’s expense; provided, however, that if the audit reveals an underpayment by the Professional with respect to collection and submission of payments to SAVIS in excess of 5% (five percent), then Professional, in addition to payment obligations described above, will promptly reimburse SAVIS for all reasonable, third-party audit fees.

5.26 SAVIS may require the Professional to affix SAVIS brand including but not limited to its logo /sticker on the Application installed Device. In such event, Professional shall extend all necessary support and assistance to SAVIS for affixing SAVIS brand on the Application installed Device. It is hereby clarified that Professional will not be entitled for any additional payments for the SAVIS logo / sticker affixed on the Application installed Device, if any. SAVIS logo / sticker / brand will be affixed subject to the provisions of Clause 14.4(v) of these Professional T&C.

6. DEVICE

The provisions relating to SAVIS installed Device(s) and Device shall be as set out in the Subscription Agreement.

7. CONTENTS POSTED ON PORTAL / PROFESSIONAL APP

7.1 All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Portal / Professional App is owned, controlled or licensed by or to SAVIS and is protected under the Applicable Law.

7.2 Except as expressly provided in these Professional T&C, the Professional shall not:

i. Copy, reproduce, modify, damage, disassemble, decompile, reverse engineer or create derivative works including, without limitation, translations, transformations, adaptations or other recast or altered versions) from the Portal / Professional App, or any portion thereof;
ii. Breach, disable, tamper with, or develop or use (or attempt) any workaround for any security measure provided in the Portal / Professional App;
iii. Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws, send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third-party privacy rights;
iv. Store or disseminate material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
v. Use the Portal / Professional App in a way that infringes or misappropriates a third party’s intellectual property rights or personal rights;
vi. Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Portal / Professional App or any activities conducted on the SAVIS’s servers;
vii. Copy, sell, sub-license or assign the Portal / Professional App, and its rights under these Professional T&C, without the prior written consent of SAVIS;
viii. Distribute, disclose or allow use of the Portal / Professional App by any third party in any format, through any timesharing service, service bureau, network or by any other means;
ix. Merge or combine the Portal / Professional App with any other technology not provided by SAVIS.

7.3 You may use information on the Portal / Professional App purposely made available by SAVIS for downloading from the Portal / Professional App, provided that You:

i. do not remove any proprietary notice language in all copies of such documents;
ii. use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media;
iii. make no modifications to any such information;
iv. do not make any additional representations or warranties relating to such documents.

7.4 You shall be solely responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Portal / Professional App (“Posted Content”), provided that such Posted Content is not restricted or prohibited under Applicable Laws or such Posted Content is not infringing any third party’s proprietary rights. Subject to the foregoing, such Posted Content will become SAVIS’s property and You grant SAVIS the worldwide, perpetual and transferable rights in such Posted Content. SAVIS shall be entitled to, use the Posted Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Posted Content. You agree that any Posted Content may be used by SAVIS in the manner that SAVIS deems fit, consistent with Applicable Laws and You are not entitled to any payment or other compensation for such use of Posted Content by SAVIS. SAVIS will use such information in accordance with the Professional T&C including any SAVIS Policies. You hereby represent and warrant that You have necessary rights to all the Posted Content and information You provide and are authorized to provide such Posted Content and information for the Portal. Notwithstanding anything contained in this Section, you shall be solely responsible for any liability arising out of the Posted Content on the Portal.

8. SAVIS’S RESERVED RIGHTS

8.1 SAVIS may, upon notice to the Professional, delist or remove the Information pertaining to the Professional from the Portal / Professional App.

9. PRIVACY TERMS

9.1 SAVIS stores and processes Your Information, including any sensitive financial information, in accordance with the Information Technology Act, 2000 and the Rules made thereunder as well as the Privacy Policy of SAVIS as will be notified to you via text message and/or email from time to time. If You object to Your Information being used in the manner prescribed by law or under SAVIS’s Privacy Policy, please refrain from continuing to use and registering on the Portal / Professional App.

9.2 Notwithstanding the foregoing, SAVIS shall be entitled to disclose to all companies within its group, or any government body as may be required by law or by any official directive or request from such government body or any third party through a court process or other official agency, your particulars, in any way as SAVIS, in its absolute discretion, deems fit or if it considers it in its interests to do so.

10. REPRESENTATIONS AND WARRANTIES

10.1 You represent and warrant that:

i. You are eligible for registration on the Portal / Professional App and creation of an Account in terms of these Professional T&C.
ii. You have all requisite power and authority to, deliver and perform the obligations imposed herein;
iii. The execution and performance of the obligations do not and will not violate any provision of any existing agreement, law, rule, regulation, any order or judicial pronouncement to which You are a party;
iv. You are the rightful owner of the Mobile or have the requisite authority or assignment and there are no restrictions with respect to the use of the Mobile that will hinder You from the performance of the Services;
v. You have all rights, licenses and permits as may require by Applicable Laws to perform the Service in accordance with the terms of the Professional Agreement and these Professional T&C. The Professional hereby represents that he shall maintain and continue to maintain all local licenses, permits, approvals and consents in respect the service you provide. You shall be responsible and liable for any violation of any law, rule or regulation in the performance of its obligations under these Professional T&C.
vi. You have not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude. Further, you are not a party to any pending litigation which shall materially affect Your obligations under these Professional T&C.

10.2 You undertake that, at all times during the Term, You will:

i. abide by these Professional T&C, Zero Tolerance Policy and the SAVIS Policies, as may be made applicable to You from time to time;
ii. perform the Service/(s) in accordance with all Applicable Laws;
iii. not violate the intellectual property rights of SAVIS or of any third party and for any breach or violation of such intellectual property rights,
iv. be solely responsible to comply with SAVIS Policies and adopt appropriate processes to prevent offering any illegal gratification in the form of bribes or gifts either in cash or in kind in the course of all dealings with SAVIS or the Customer or any other third parties.

11. DISCLAIMER

11.1 You understand and acknowledge that SAVIS disclaims and shall disclaim all representations and warranties to the Customer, of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes in respect of any and all items of the Professional that are used by the Customers as a part of the Services and Services offered by the Professional through the Portal.

11.2 SAVIS does not warrant that You will be able to use the Portal / Professional App and/or will be able to provide the Service/(s) at all times or that the Portal / Professional App and the Services provided through the Portal / Professional App will be uninterrupted or error-free or that the defects will be capable of being corrected by SAVIS in a timely manner. SAVIS’s Portal, and all other technology developed and installed on the Device by SAVIS are provided on an “AS IS” and “AS AVAILABLE” basis and SAVIS specifically disclaims all warranties and indemnities, express, implied or statutory, including without limitation any warranty of merchantability, fitness for a particular purpose, accuracy, completeness, or any other warranty arising from the course of performance or course of dealing. SAVIS also does not provide any warranties as regards the compatibility of SAVIS’s Portal, Professional App or any other installed technology with the Device of the Professional and the results as well as performance of the Portal / Professional App may vary depending on the model of the Device.

12. CONFIDENTIALITY

12.1 You acknowledge that pursuant to this Professional T&C, you will have access to confidential information of SAVIS and its affiliates, which has been provided by SAVIS. You undertake to keep confidential all data and other confidential information of SAVIS and shall not sell or otherwise make that information available to any third party. Confidential information shall mean and include all information, whether verbal or written, disclosed to the Service Provider by SAVIS or Portal users, as the case may be, but not be limited to Portal user’s details (i.e., Personal Information and sensitive personal information as defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information, Rules, 2011), phone numbers, market information, all work products and documents related thereto, the contents of the Portal, Professional App or any other information, whether provided orally or in writing, received or to be received by the Service Provider. Further, the Confidential Information at no times can be disclosed to any party in the same or similar business as that of SAVIS (“Competitor”). In the event, SAVIS becomes aware that the Confidential Information has been disclosed to a Competitor or has been used for the benefit/interest of the Competitor, SAVIS can claim such direct and indirect damages as it may suffer due to such losses.

12.2 Except as otherwise agreed, the data of Customers will be the exclusive property of SAVIS, and You will not use the same for Your own purpose or distribute such data in any form or means except for the purpose of these Professional T&C and shall keep it confidential at all times.

Confidential information would include but not be limited to Customer details, market information, all work products and documents related thereto, the contents of the Portal, Professional App or any other information which is treated as confidential by SAVIS, and any other information, whether orally or in writing, received or to be received by You which is agreed to be treated as confidential, whether expressly or by implication.

13. INDEMNIFICATION AND LIMITATION OF LIABILITY

13.1 You agree and undertake to indemnify and to hold harmless SAVIS its affiliates, successors, agents, assigns, and each of their partners, officers, employees, associates, agents, and representatives from and against any losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys’ fees) incurred by reason of (i) any breach or alleged breach by You of the Your obligations, performance or observance of Your role, functions, responsibilities, representations, or warranties under the Professional T&C; (ii) any violation of SAVIS Policies or any other policies provided by SAVIS; (iii) any harm to the reputation and goodwill of SAVIS; (iv) any claim of violation of intellectual property of a third party by Professional’s usage of SAVIS’s intellectual property in a manner not permitted under these Professional T&C; (v) Professional’s misconduct or unauthorized access to data on the Portal or permitting in any way by the Professional the transfer of such data to the competitors of SAVIS or its affiliates or to any third party; and (vi) fraud, negligence and misconduct of the Professional.

13.2 You shall be liable to indemnify and hold SAVIS harmless against all damages, losses, costs and expenses incurred by SAVIS as a consequence of any complaint from any Customer received by SAVIS with respect to deficient Various Services.

13.3 In addition to the indemnification rights of SAVIS under these Professional T&C, SAVIS shall also be entitled to such other remedies available under Applicable Laws.

13.4 In no event will SAVIS be liable for any losses arising from or in connection with these Professional T&C, pursuant to any claim by the Professional against SAVIS under contract, tort or otherwise, if such losses could have been avoided by the Professional using reasonable efforts to mitigate them. Further, SAVIS shall also not be liable to the Professional in contract, tort or otherwise for indirect, special, incidental, exemplary, punitive, or consequential damages of any kind whatsoever even if advised of the possibility of such damages. Notwithstanding anything contrary contained elsewhere in the Agreement, the total cumulative liability of SAVIS to the Professional or to any person claiming under or through it, shall not exceed INR 1000/- (Rupees One Thousand).

13.5 SAVIS shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Professional arising out of the use of the service offered by SAVIS to the Professional directly or indirectly, for any reason whatsoever, including but not limited to damage or loss caused to You as a result of a Customer’s non-compliance, which includes, but is not limited to, any incorrectly placed voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of SAVIS or any person or any organization involved in the above mentioned systems. The Professional shall also be liable to SAVIS for any loss caused to SAVIS due to the negligence of Professional or any unlawful act or omission in the performance of the Service. Without prejudice to the above, SAVIS shall not be liable for any direct or indirect loss or damage, which may be suffered by the Professional as a result of any failure by a Customer to show up within any stipulated time even if SAVIS has agreed to such timing or even if the Customer has advised SAVIS of the possibility that he / she may not show up within the stipulated time.

14. TERMINATION OF PROFESSIONAL REGISTRATION

14.1 The Parties to these Professional T&C shall be entitled to terminate these Professional T&C with a prior written notice of 7 (seven) Business Days to the other Party without assigning any reason for the termination.

14.2 The Parties to these Professional T&C shall be entitled to terminate these Professional T&C for any breach of any obligations, representations or warranties, or any other material terms as contained in this Professional T&C by a Party which is not the Party proposing to terminate the Professional T&C at the end of 5 (five) days from the intimation of such breach to the breaching Party, if such breach is not rectified within 5 (five) days.

14.3 Upon termination of these Professional T&C in the manner set out in Clause 14.1 and 14.2 above, the registration of the Professional on the Portal shall stand cancelled and the Account shall be terminated and the Professional shall not be eligible to ply his Application installed Device(s) on the Service Provider App on SAVIS’s Portal.

14.4 Upon the expiry or early termination of these Professional T&C:

i. The Professional shall pay to SAVIS all amounts due and owing to SAVIS.
ii. SAVIS may, at its own discretion, forfeit the Subscription Amount as may be required to be made for the amounts and penalties/Charges due to be paid by the Professional to SAVIS under these Professional T&C.
iii. On the termination of Your registration, SAVIS will settle the Professional Proceeds which have become due to You on account of the Service to the Customers through the Portal and for other activities agreed under the Subscription Agreement, prior to the date of termination.
iv. Each Party shall promptly return to the SAVIS all property and materials including all any devices and including confidential information and materials, furnished to it by the other Party pursuant to these Professional T&C and/or the Subscription Agreement between the Parties. Where the confidential information cannot be returned in material form, the Party shall destroy the other Party's confidential information.
v. The Parties shall cease acting in a manner that would imply a continuing relationship between the Parties and shall cease all marketing and other activities contemplated under these Professional T&C and/or the Subscription Agreement. In connection with the marketing activities, on termination or expiration of the Subscription Agreement along with the Professional T&C, the Professional shall ensure that SAVIS branding affixed / displayed on the Mobile and / or any other branding affixed / displayed on the Mobile (as directed by SAVIS and mutually agreed between the Parties), if any, shall be immediately removed. If the Professional is unable to remove the branding himself, Professional shall promptly approach SAVIS’s nearest office for removal of the branding. SAVIS disclaims all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of continued use of any branding by the Professional after expiry or termination of the Subscription Agreement and Professional T&C.

14.5 Clauses 7 (Contents Posted on Mobile Application), 9 (Privacy Terms), 11 (Disclaimer), 12 (Confidentiality), 13 (Indemnification and Limitation of Liability), 14 (Termination of Professional Registration) and 15 (Dispute Resolution, Governing Law and Jurisdiction) shall survive the expiry/termination of these Professional T&C in accordance with their terms.

14.6 Expiry or earlier termination of this Agreement will not prejudice any rights of the Parties that may have accrued prior to expiry or termination.

14.7 Without prejudice to the foregoing, the termination of Your registration pursuant to any of the provisions contained herein above shall not limit or otherwise affect any other remedy (including a claim for damages), which SAVIS may have, arising out of the event which gave rise to the right of termination.

15. DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION

15.1 If any dispute arises between You and SAVIS, in connection with, or arising out of, these Professional T&C, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed by SAVIS. Arbitration shall be held in Mysuru. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.

15.2 These Professional T&C shall be governed by and construed in accordance with the laws of India. Subject to clause 15.1, the courts in Mysuru shall have the exclusive jurisdiction in connection with this Agreement.

15.3 In addition to above remedies, SAVIS shall be entitled to an interim injunction, restraining order or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain You from committing any violation of Your covenants and obligations set out in this Agreement. These injunctive remedies are cumulative and are in addition to any other rights and remedies SAVIS may have at law or in equity.

16. MISCELLANEOUS

16.1 Entire Agreement: The Parties hereby agree that the Subscription Agreement, Exhibits and these Professional T&C along with Commercial Term Segment, SAVIS Policies, Zero Tolerance Policy and any other policy that SAVIS notifies to the Professional from time to time shall constitute the entire agreement between them and shall supersede and override all previous communications, either oral or written, between the parties with respect to the subject matter of this Agreement. In the event of any contradiction or inconsistency between the Professional T&C and any other agreement executed between the parties, the terms of the Professional T&C shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under these Professional T&C.

16.2 Independent Contractor Status: The relationship created by Professional T&C is that of independent contractors, and not partners, franchisees or joint ventures. No employees, consultants, sub-contractors or agents of one party is or will be deemed to be employees, consultants, contractors or agents of the other party, nor do they have any authority to bind the other party by contract or otherwise to any obligation, except as expressly set forth herein. The Professional shall not be deemed for any purpose to be an employee of SAVIS or any of its Affiliates. SAVIS shall not be responsible to the Professional or any governing body for any payroll-related taxes related to the performance of Services hereunder, including but not limited to, withholding or other taxes related to central or state income tax, social security benefits or unemployment compensation.

16.3 Assignment: Neither these Professional T&C nor any of the rights, interests or obligations hereunder shall be assigned by the Professional to any third party, without the prior written consent of SAVIS. SAVIS may, at its sole discretion, assign the rights, interests or obligations hereunder to any person whosoever.

16.4 Force Majeure: Any delay in or failure to perform any obligations by either party under the Professional T&C shall not constitute default hereunder if and to the extent caused by force majeure, which is defined to be occurrences beyond the reasonable control of such Party committing default, including and limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, insurrection (“Force Majeure”). Provided, however, you shall give prompt written notice within a period of 7 (seven) days from the date of the force majeure occurrence to SAVIS. You shall use all reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes of force majeure are removed. In the event the Force Majeure event continues for a period of 7 (seven) days from the date on which SAVIS receives the notice from You as above, SAVIS shall have the right to terminate these Professional T&C.

16.5 Notices: Any notices, requests and other communications required or permitted hereunder shall be in writing and may be sent by any of the following means to the receiving Party at the relevant addresses set forth in these Professional T&C:

i. By electronic mail. For the purposes of this sub-clause the Parties’ electronic mail addresses shall be the following, unless otherwise intimated by the Parties to each other:

SAVIS: savis.infoservices@gmail.com;
Service Provider: As provided during attachment.

ii. By SMS sent to mobile number at: 9686442033
iii. By hand, against a written acknowledgement of receipt by the receiving Party SAVIS: AYKA Info Services LLP, # 103, 1st floor, 3rd Main 8th Cross, Ramakrishna Nagar I Block MYSURU – 570022 Service Provider: As provided during attachment.
iv. By registered mail. Same as mentioned in 16.5(iii) above.

In the event the delivery of the notice is attempted to be made at all the contact addresses provided by the party, the notice shall be deemed delivered on the third day from the date of the notice.

16.6 Waiver: Either party may exercise a right, power or remedy at its discretion and separately or concurrently with another right, power or remedy. No failure or delay on part of any Party hereto exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other rights, powers or privileges by such party.

16.7 Severability: Any provision that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction.

16.8 Amendment: These Professional T&C may be modified or amended by SAVIS at its sole and absolute discretion.

ZERO TOLERANCE POLICY

Professional will strictly follow ZERO TOLERANCE policy which shall be subject to change and any changes shall be intimated to the Professional from time to time via SMS or e-mail. ZERO TOLERANCE policy is mentioned below:

Breach Consequences:

AS INFORMED BY SAVIS FROM TIME TO TIME

Breach Cases:

Asking for tips: Professional shall not Proactively ask for ‘tips’ from the Customer. Professional shall not hassle the Customer for change.
Wasting Customer’s Time: Professional shall not waste customer time.
Personal hygiene: Professional shall wear neat dress at all times during duty hour. Professional shall maintain personal hygiene.
Customer Service: Professional shall greet Customers. Professional shall ensure that he/she will behave in a good manner with the customers.
Tools/Machines Cleanliness: Professional shall keep the tools clean. Professional shall make the tools available for field audit within 2 days’ time period from such breach. Till then no bookings shall be provided and the tools or machines will be blocked from the device.
Disturbing Customer: Professional shall not play loud music (above mid-level of the stereo) or music through any kind of earphone device. Professional shall not proactively engage into a personal conversation with the Customer and shall not resort to any kind of unpleasant behaviour with Customers.
No Smoking/Tobacco/Pan/Masala/Food Item: Professional shall not smoke in the premises of the Customer. Professional shall not chew any masala or chewing gum or any other food item while repair or service in the premises of the customer.
The Professional shall ensure that he has adequate change with him so that at all times he is in the position to return the balance amount to the Customer.
The Professional should not make any fake calls or give any missed calls to the Customer’s contact number. The Professional should only give a call to the Customer informing the Customer about the service. Professional shall not make unwarranted use of the Customer contact details after leaving the customer place.
The Professionals shall be well versed with the routes to reach the Customer place.
Delay In reaching the customer’s place: Professional should reach the service point on time. Professional must intimate the Customer that he has reached at the service location.
Professional should keep his mobile ‘ON’ while he is logged into the SAVIS Portal and he should receive every call of the Customer. Professional should not make any deliberate attempt to place the Mobile in ‘non-network’ area while the Customer is away for his/her personal work.
Mobile Branding: SAVIS Sticker, if any, on the Mobile should not be removed till the Mobile is active on the Platform.
Rude Behaviour with Female Customer: Professional shall not under any circumstance argue with the Customer/use abusive words / raise his voice tone while talking to the Customer. Professional should follow the instructions given by Customer as well as by SAVIS Call Centre.
Mobile Phone Usage: Professional shall not use mobile phones (unless for emergency purposes) while working in the premises of the Customer. This includes but not limited to SMS, video calls, voice, MMS and downloading. However, this shall not apply in case of calls from SAVIS representatives and the Customer.
Reporting To SAVIS: Professional shall not lie about Application installed Device’s position or any as such to the SAVIS representative.
Driving License (DL) & Other RTO Documents: While on duty hours with SAVIS it is mandatory to keep DL and all relevant RTO impacting papers (PUC, Insurance, RC, etc.).
Professional shall not reject the service booking on his own at the time of allotment under any circumstances (unless permitted by SAVIS).
Professional shall not reject a Service booking or a Customer once he has accepted the duty and logged in and shall not switch off his mobile under any circumstances.
Device Misuse: Professional shall ensure that the Device (as defined in the Professional T&C) shall not be misused in any ways.
Traffic Rules: Professional shall obey all traffic rules including traffic signals. Professional shall keep all statutory documents (insurance documents, registration book/card, PUC Certificate, etc.) at all times.
Professional shall not consume/intake or be under the influence of alcohol or narcotic substances while logged into the SAVIS Portal.
Abusive or discriminatory Professional: Professional should not do anything like abusing the Customer, talking to Customer or any such behaviour which shall make the Customer feel uncomfortable during the service. Professional should not discriminate against Customer for any reason, including on the basis of sex, race, caste, creed, religion, disability or nationality.
Extra Ordinary Circumstances: Any instance of Professional’s behaviour that directly or indirectly impacts the Company’s “Brand Image”.
Unauthorized Goods or Persons: Not to carry any unauthorized goods or persons to the customer’s premises.

EXHIBIT-C

COMMERCIAL TERMS SEGMENT

Details of the following commercial terms will be informed by SAVIS from time to time:

Description of Commercial Terms

Platform Subscription Fees for the use of SAVIS technology platform (Rs.)
Incentives
Commission Payable to SAVIS (Percentage)
Security Deposit for SAVIS installed Device

Details:

To be informed by SAVIS from time to time.

Key Terms:

All payments due to the Service Provider shall be made through NEFT/RTGS etc., as mutually agreed from time to time.
Incentive (if any) may be given to the Service Provider by SAVIS from time to time. The Incentives shall be determined after taking into consideration all dues, fines, charges, interest, claims, costs, expenses etc. For the sake of clarity, both the parties acknowledge and agree that the foregoing amounts are only for limited purposes of arriving at the value of Incentives.
You authorize SAVIS to make deductions from the Service Provider Proceeds which includes the following:
1. Tax Deduction at Source (TDS) as per the Income Tax Act, 1961, where applicable;
2. Service tax / GST and other applicable taxes;
3. Any other amounts due and payable by the Service Provider to SAVIS as per applicable law.
The terms in this Commercial Terms Segment are subject to change and will be communicated to the Service Provider via SMS/call to registered mobile number.
The Service Provider hereby agrees that discounts given to the users of the Portal, if any, will be decided by SAVIS on a case-to-case basis which shall be informed to the Service Provider by SAVIS. The Service Provider shall agree to the same without demur or protest.
SAVIS reserves the right to change the payment terms between the Various Service Provider and SAVIS mentioned in the Commercial Term Segment at any given point in time, which shall be notified to the Service Provider.
Notwithstanding anything contained in this Agreement, where SAVIS has reason to believe that any charges/debits in respect of the Fee have been fraudulently incurred (“Suspect Charge”), SAVIS will always be entitled to deduct an amount equivalent to Suspect Charge from the Subscription Amount or in the event of insufficient Subscription Amount, SAVIS will be entitled to require the Service Provider to remit the Suspect Charge in cash with SAVIS.
Settlement: Pursuant to any settlement (“Settlement”) that the Service Provider is required to make with SAVIS, under the terms of this Agreement and/or these the Various Service Provider T&C, whether for a breach of this Agreement and/or the Service Provider T&C or otherwise, SAVIS shall send a report of the Settlement by short message service (SMS) / email / post, giving full details of the amounts and reasons thereof, forming part of the Settlement, to the Service Provider. The Service Provider shall make payment of the amounts mentioned in the Settlement to SAVIS within 7 (seven) days from the date of receipt of such Settlement details. If the Service Provider fails or refuses to make payment in respect of such Settlement within such seven 7 (seven) days, SAVIS shall have the right thereafter without any reference to the Service Provider, to deduct the amounts mentioned in the Settlement details from the Subscription Amount. If the Subscription Amount is insufficient to meet the Settlement amount, then the balance shall be recoverable forthwith from the Service Provider by SAVIS.

EXHIBIT-D

ELIGIBILITY CRITERIA

The Service Provider must be competent to contract within the meaning of the Indian Contract Act, 1872.
The Service Provider must have a ‘Reserve Bank of India KYC compliant’ bank account.
The Service Provider must not be convicted of any offence.
The Service Provider must be a man of good repute and character and must never have been convicted of an offence involving moral turpitude and that no warrant, summons, FIR or any other process must have been initiated against or issued in Various Service Provider’s name by any court of law, Governmental authority or law enforcement agency. Further, no proceeding must be pending against the Service Provider regarding and neither have Service Provider been convicted of any cognizable offence under the Code of Criminal Procedure, 1973, including fraud, sexual offences, use of a Mobile to commit cognizable offence, or of any crime involving property damage, theft, acts of violence, or acts of terror.
The Service Provider must have identity proof.