This agreement is made at Pune on Thursday the twenty seventh day of May in the
year Two Thousand Nine between
M/s Happy Clickers
having its Registered Office at
through its sole proprietor
Mr. Uday Gopal Kurtkoti,
Age about 50 years, Occupation business,
Residing at F-34 Gururaj No. 2 Co-op.Hsg.Soc.,
Road No. 10, Dahanukar Colony, Kothrud,
Pune 411038.
email : dhodhopaise@yahoo.com
Hereinafter called and referred to as "The Franchisor" (which expression unless
it be repugnant to the context and meaning thereof shall mean and include his
heirs, legal representatives, administrators and assigns) ..of the one part.
AND
M/s...
having its office at
through its sole proprietor/partner
Mr/Miss/Mrs...
Age about years, Occupation business,
Residing at
email :
Hereinafter called and referred to as "The Franchisee" (which expression unless
it be repugnant to the context and meaning thereof shall mean and include his
heirs, legal representatives, administrators and assigns) ..of the other part.
WHEREAS "The Franchisor" has developed the courses and methods to teach the
students on internet business and how to earn out of the internet business. The
Franchisor has considerable internet business know-how and technical information
and knowledge and experience of the said internet business and how to earn out
of the internet business. The training course is taught by video CD alongwith
internet. The Video CD hereinafter called and referred to as the "Products" and
which are set out in Schedule "A" hereto annexed.
AND WHEREAS "The Franchisor" is desirous of teaching in Parts of India and
marketing the Products in various part of India and other countries on the terms
and conditions herein contained.
ANS WHEREAS "The Franchisee" desirous of seeking the franchise, approached to
"The Franchisor" and showed his/her interest to start the Franchise for the
Products.
NOW THEREFORE IT IS AGREED between the parties that :
1. The Period for this Franchise Agreement is one year from the date of this
agreement.
2. (A) Franchise Royalty for Each Personal Training Batch or Session payable to
The Franchisor is as mentioned below:-
75% Fee as given on Website of Franchisor per Student for Forum Posting Course.
75% Fee as given on Website of Franchisor per Student for Copy Paste Course.
75% Fee as given on Website of Franchisor per Student of Article Writing Course.
(B) The Video CD purchase price for Franchisee Centre is as given below:-
Rs.400 for Copy Paste video CD.
Rs.400 for Forum Posting video CD.
Rs.800 for Article Writing video / instructions CD.
Rs.8000 for Ecommerce video / instructions CD.
3. The Franchisee can retain other amount received by him/her over the above
royalty or video CD charges.
4. The above franchise royalty can be paid by any of the following methods.
(a) Deposit the check to ICICI Bank account number 624001517820 (name : Uday
Kurtkoti, Branch : Pune 4) at least 3 days before the day of personal training
so as the cheque should get passed 1 day before the day of training.
(b) Payment by way of funds transfer from any Bank to ICICI Bank account number
624001517820 (nick name : Uday, Branch : Pune 4) to be made at least 1 day
before the day of training so as it should get credited at least 1 day before
the day of training.
(c) Cash deposit the amount of training plus Rs.170 (commission charged by ICICI
Bank) to ICICI Bank account number 624001517820 (name : Uday Kurtkoti, Branch :
Pune 4) at least 1 day before the day of training so as it should reflect in the
account at least 1 day before the day of training.
5. If The Franchisor do not receive the amount at least 1 day in advance, The
Franchisor will not conduct the Personal Training session for the franchisee.
6. The Franchisee may pay a deposit of Rs.25,000 to The Franchisor which will
carry no interest. In such case, the term 4(a)(b)(c) do not apply. The
Franchisee has to pay the royalty due before 5th of next calendar month.
7. The franchise agreement can mutually be extended on such terms and conditions
decided by both the parties. In such case, the franchise royalty will decrease
by 5% each year till the tenure of franchise agreement. In exceptional
circumstances, the franchise royalty may be decreased before completion of the
year.
8. The franchisee must handover student application's Xerox to The franchisor on
the day of training. Students are allowed till 10.30 AM on the day of training.
List should be sent by The franchisee to The franchisor on or before 10.30 AM on
the day of training by Yahoo IM. Unavailability of the list will discontinue the
session and no refund will be given. Unauthorised students attending the batch
or session will be charged 85% of the appropriate fee each as given on the
website of Franchisor.
9. Article Writing Course Batch will start at 12.30 PM on the same day. After
the common portion of both the courses is over, Article Writing Course Batch
will start. The franchisee should send The franchisor, students names of Article
Writing Course Batch by 12.30 PM on the same day on Yahoo IM.
10. The franchisee is not allowed to give the material received from The
franchisor including the URL or link address on the internet to anybody.
Otherwise The franchisee will have to pay a fine of Rs.11,111.11.
11. The franchisor will handover the Products which will be live at 10.30 AM on
the following day of the training.
12. The franchisee cannot record or store the videos by any means of electronic
media or otherwise. If The franchisee found storing the videos by any means, The
franchisor will take appropriate action under civil or criminal law applicable
and the franchise agreement will be automatically terminated.
13. The franchisee should support back up for computer by UPS with live battery.
14. The franchisee should be present all the time at the time of training.
15. The Franchisee will procure the necessary permits and Licenses from
Government and Local Authorities to run the franchise business.
16. The Franchisee agrees to incur and bear the cost of the following :-
(a) All the advertisement and publicity cost is to be done by The Franchisor
alone. However The Franchisee is free to advertise on his/her own expenses by
any media and can use Happy Clickers name and other advertising material.
(b) The Franchisee should be responsible for the expenses made to run the
franchise business from his/her own pocket. No reimbursement of expenses are
made by the The Franchisor.
(c) Routine office expenses including payment of employees, office rent,
overhead of running the office infrastructure etc. will be born by The
Franchisee.
(d) The Franchisee will bear all the taxes required to pay by the law for
running the franchise activity including but not limited to income tax, shop
act, professional tax, service tax etc.
(e) Any other cost which is not mentioned hereinabove to run the business of
franchise, the cost will be born by The Franchisee.
17. The employees appointed by The Franchisee are not part of the said products
or franchise agreement or binding by any nature and/or act on The Franchisor.
18. The Franchisee is in agreement that renting or leasing the products is not
"buying a business for the purpose of true ownership''. This franchise agreement
consists of both intrinsic value and time value. There is no ownership value of
the products.
19. "The Franchisee" shall conduct the batches or sessions for the PRODUCTS in
strict accordance with the instructions of The Franchisor, the STANDARD of
quality embodied therein or as may be set from time to time by "The Franchisor".
To ensure the performance of this provision, "The Franchisor" shall have the
right to inspect at reasonable intervals and during business hours the
facilities of "The Franchisee" to be used for the said PRODUCTS.
(a) "The Franchisee" shall maintain secrecy at all time during this agreement of
all the know how, videos and the like disclosed by "The Franchisor" to "The
Franchisee" and/or pursuant to the terms herein or about which "The Franchisee"
learns during the performance of this agreement.
(b) "The Franchisee" will, however, be free to sub-license the technical
products under the agreement to other Indian party/parties, should it become
necessary only under the area/taluka given to the Franchisee. The terms of such
sub-license will, however, be as mutually agreed to by all parties concerned
including "The Franchisor". The sub-license must be approved by the Franchisor
in writing before commencement of the sub-license.
20. This agreement shall become effective immediately after it has been duly
approved and signed by The Franchisor and The Franchisee.
(a) This agreement shall remain effective for a period of two years from the
date of signing the agreement. Upon the expiration of this agreement, the
Products therefore delivered to The Franchisee cannot be used by any means or
disclosed to any other party by The franchisee.
(b) This agreement may be renewed in whole or in part for further period by
mutual agreement.
21. This agreement shall be binding upon and ensure to the benefit of the
successors and assigns of the respective parties hereto, and the obligations
hereunder shall not be assignable by either party without written consent being
first obtained from the other party.
22. This agreement embodies entire understanding of the parties as to its
subject matter, and it shall not be amended except in writing executed by both
parties to the agreement.
23. Either party may by notice in writing to the other terminate this agreement
in the event of:
(a) Any default by such other party in the performance or observation of any of
its obligations under this agreement which is not remedied to the satisfaction
of the party giving such notice within thirty (30) days following delivery of
such notice, such notice to contain reasonable particulars of such default and
to state the intention to terminate the agreement under this clause unless such
default is made good or remedied.
(b) Judicial proceedings for bankruptcy, composition with creditors,
sequestration of assets for creditors, or receivership instituted by or against
such other party, insolvency of such other party or its failure to meet its
obligations as they mature for any material period of time.
24. The Franchisor may by notice in writing or otherwise terminate this
agreement in the event of:
(a) Cheating of any kind will terminate the Franchise Agreement with immediate
effect without giving any notice.
(b) (i) The Franchisee must maintain a stock of products of two CDs each for
three courses.
(ii) The courses may be added or eliminated or the name of the course may be
changed by the Franchisor at his sole discretion at any time or from time to
time as necessary to run the business and as the Franchisor deems fit and
appropriate.
(iii) The Franchisee must sell the products at least to the tune of Rs.3600 per
calendar month. This clause express that the franchisee should purchase the
products to the tune of Rs.3600 from The Franchisor per calendar month with or
without conducting the personal training or sell of the products. If The
Franchisee do not make at least the sale of Rs.3600, the Franchise Agreement
will be discontinued.
(c) If The Franchisee is unable to look after the franchisee business in proper
manner or if The Franchisee is not in position to manage the franchise business,
the Franchise Agreement will be terminated. In the first instance notice will be
issued to manage and looking after The Franchise business properly by giving the
reasons why the first party feel the other party is not doing its franchise
business in the best possible capacity. If the reasons are persistent even after
issuing notice within 7 days, the Franchisee Agreement will be terminated with
immediate effect.
(d) On termination or discontinuation of this franchise agreement, The
Franchisee cannot use the products in any way or cannot permit others to use it.
(e) The Franchisee will take care of goodwill of the name Happy Clickers owned
by The Franchisor in good faith. The Franchisee will not make misuse of the
goodwill of Happy Clickers.
25. Liquidation, compulsory or voluntary of such other party except in
connection with an amalgamation, reconstruction, merger, consolidation,
re-organisation or disposition of assets as a going concern voluntarily
undertaken and with a view to the continuance of the business by the franchisee
thereof, provided, however, that upon such event the business entity continuing
the business formerly carried on by such other party shall, in an appropriate
instrument delivered to the other party to this agreement, undertake to perform
all of the obligations of such other party hereunder.
26. Neither party shall be in default under this agreement by reason of its
failure or delay in the performance of its obligations is such failure or delay
is caused by acts of God, Government laws and regulations, strikes, lock-outs,
war or any other cause beyond its control and without its fault or negligence.
27. Notices and other communications under the agreement shall be in writing or
by email, addressed as indicated in the description of parties above.
28. The agreement should be construed in accordance with and be governed by the
laws of India.
29. All disputes, questions, or differences, etc., arising in connection with
this agreement should be subject to jurisdiction of Pune Courts, government
authorities and forums only.
1. Forum Posting Course :
(Average to Good Written English & Knowledge of different Internet businesses)
The earning potential here is Rs.50,000 per month in 3rd year. Hard work of 8
hours is essential to achieve this figure. The amount is not dependent on the
hours of work but depending on the knowledge and speed of work. Take part in the
discussions on the net and earn easily.
2. Article Course :
(Knowledge of Internet & Good Written English [lower level but 100%
grammatically correct])
Earning Rs.40,000 by working 4 to 8 hours a day. Happy Clickers teach students
how to write articles in simple way. There are enormous number of jobs
available. So getting job is too easy here. This is intellectual job.
3. Ecommerce Course :
(Knowledge of Internet & Strong Written English)
Earning potential Rs.6,40,000 per month by working 2 to 16 hours a day. It
depends on your knowledge and how the student implement that knowledge. All
other three courses are FREE in this course. The student learn how to create
website and how to earn from own website. Also how to earn by doing Job Work on
the Internet.
4. Copy Paste Course :
(Understanding of written English & Knowledge of Internet)
The job is too easy. The student have to send ads & emails. That's all. The
earning is dependent on the number of ads & emails sent. Earning up to Unlimited
by working 4 to 10 hours a day. This job involves lot of luck factor.
The more information is available at the site http://.hcqe.com
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IN WITNESS WHEREOF the parties hereto have set their respective hands on the day
and date mentioned hereinabove.
Signed and delivered by the Franchisor
Mr. Uday Gopal Kurtkoti Franchisor
Signed and delivered by the Franchisee
Mr./Miss/Mrs. Franchisee
