This ‘Service Agreement’ is entered into on ______ day of _______ 2017 by and between:
_______________________________________________ (hereinafter referred to as the ‘Buyer’)
_______________________________________ (hereinafter referred to as the ‘Service Provider’),
Both the abovenamed parties shall be collectively referred to as the ‘Parties’;
Whereas, the Buyer wishes to secure the services provided by the Service Provider;
Whereas, the Parties recognize the benefits of mutual cooperation for each other;
NOW THEREFORE the Parties hereto agree as under;-
The Service Provider (IDEAx ) agrees to provide the following services to the Buyer (Product idea buyer from Pre-order, Ready to ship and I2R) ______________________________ at the following place________________www.idearary.com www.idearary.com/shop_____________________________________.
The Services shall be provided for a period of _____________ or till the completion of work whichever is earlier.
As consideration for the services provided www.idearary.com/shop by the Service Provider ( IDEAx ) , the Seller shall pay a sum of Rs.__Nill________________
The Seller ( Product idea sellers ) allow the service provider ( IDEAx ) to receive pre -order / Ready to ship money against the marketing done for the product idea of the Seller by IDEAx in the following manner:-
By Cheque – In the name of _____________
By Wire Transfer – In __________________ account number
Neither of the Parties shall assign their rights and obligations under the present agreement to any third party, without the written consent of the other party.
The Service Provider represents and warrants that:-
It will perform the Services with reasonable care and skill;
The Services and the Materials provided by the Service Provider (IDEAx) to the Buyer ( (Product idea buyer from Pre-order, Ready to ship and I2R) ( under this Agreement will not infringe or violate any intellectual property rights ( For the product idea and ideas ) or other right of any third party;
The Service Provider makes no other warranty, express or implied, including without limitation, any implied warranty or merchantability or fitness for a particular purpose.
Limitation of Liability
Subject to the Buyer’s (Product idea buyer from Pre-order, Ready to ship and I2R ) obligation to pay the Price to the Service Provider (IDEAx), either party’s liability in contract, tort or otherwise (including negligence) arising directly out of or in connection with this Agreement or the performance or observance of its obligations under this Agreement and every applicable part of it shall be limited in aggregate to the Price.
Intellectual Property + Licensing Agreement
All rights to patents, trademarks, copyrights, and trade secrets owned by Service Provider remain the property of Service Provider (IDEAx and seller of that product idea or idea ). Service Provider does not grant to the Buyer any right or license to any such intellectual property.
Ideax Would be responsible for executing the licensing agreement between the User and the subscribers or Ideax can come into a licensing agreement for the users idea on its behalf.
Royalty arising out of the said licensing agreement would be allocated to IDEAx , Users and subscribers at an agreed ratio.All parties are bound by terms and conditions listed herewith.
Any acts & or omission undertaken by the party agreeing to terms and condition herewith would be null & void.
Service Provider ( IDEAx ) shall use reasonable efforts to keep confidential all data and information which is marked confidential and furnished to Service Provider by the Buyer ((Product idea buyer from Pre-order, Ready to ship and I2R ) under this Agreement.
Either Party may terminate the present agreement if the other party is found in breach of a material obligation under the agreement by giving a notice of 30 days.
In the event of any dispute, differences or claims arising between the parties in connection to this agreement or the construction or interpretation of any of the clauses hereof or anything done or omitted to be done pursuant thereto, the same shall be governed by and construed in accordance with the laws of India and shall be subject to the jurisdiction of courts in Delhi.
10. Marketing and Promotion
2. ' All marketing and promotional activities, including the marketing and promotional platform [social or otherwise] and the content shall be undertaken as per the express instructions/ guidelines of the Service provider/ seller'
3. 'An additional or unforeseen costs that may arise in relation to the activities undertaken in terms of this Contract shall be borne by _______/ allocated as per _______'
11. Reselling on Idearary.com/shop
1. Please see the contract sent extra *