Advisor's T&C
Advisor's T&C
Advisor's T&C
Niketan Financial Services Private Limited is a sister concern of Nivasa Capital Private Limited. Both wholly owned subsidiaries of OKA Housing Technologies Private Limited, collectively operating under the brand name Nivasa Finance
I/We, from now on referred to as Advisor/Connector, hereby agree to the terms and conditions below by NIKETAN FINANCIAL SERVICES PRIVATE LIMITED for the service to be rendered by the Connector to NIKETAN FINANCIAL SERVICES PRIVATE LIMITED.
I/We, from now on referred to as Advisor/Connector, hereby agree to the terms and conditions below by NIKETAN FINANCIAL SERVICES PRIVATE LIMITED for the service to be rendered by the Connector to NIKETAN FINANCIAL SERVICES PRIVATE LIMITED.
Duties, Responsibilities and Obligations:
Duties, Responsibilities and Obligations:
Duties, Responsibilities and Obligations:
1.1. The Connector shall source, refer, and recommend only creditworthy, bonafide, and genuine persons or entities as Leads.
1.2. The Connector shall create and maintain a database of Leads referred to NIKETAN FINANCIAL SERVICES PRIVATE LIMITED and allow NIKETAN FINANCIAL SERVICES PRIVATE LIMITED full access.
1.3. The Connector shall implement all mechanisms to increase NIKETAN FINANCIAL SERVICES PRIVATE LIMITED's business volume to its complete satisfaction. It shall represent NIKETAN FINANCIAL SERVICES PRIVATE LIMITED's interests through systematic canvassing and Services to potential Leads within the territory.
1.4. The Connector shall ensure that his/her obligations will be undertaken and performed by Representatives who possess adequate qualifications, experience, competency and skill sets who shall comply with the NIKETAN FINANCIAL SERVICES PRIVATE LIMITED Code of Conduct as provided in Annexure – 1 and Regulatory(s) Model Code of Conduct and all obligations of the Connector contained in this Agreement besides applying the industry best practice. Furthermore, neither the Connector nor its Representatives shall make any unauthorised statements, claims, warranties or representations concerning NIKETAN FINANCIAL SERVICES PRIVATE LIMITED or its Products and Services. Also, neither the Connector nor its Representatives shall engage in any conduct(either in writing or verbally) that may be prejudicial to the interest, business, goodwill or reputation of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED.
1.5. Representatives engaged by the Connector shall be in the Connector's sole employment, and the Connector shall be solely responsible for their salaries, wages, statutory payments, etc. Under no circumstances is NIKETAN FINANCIAL SERVICES PRIVATE LIMITED liable for any payment claim or compensation of any nature to the Representatives of the Connector.
1.6. Connector and its subcontractors, if any, shall keep complete and accurate books, records, and information of all the operations, expenses, and Records in connection with the Services provided to NIKETAN FINANCIAL SERVICES PRIVATE LIMITED in a manner satisfactory and, in any event, by the best industry standards.
1.7. The Connector and its sub-contractors agree that, NIKETAN FINANCIAL SERVICES PRIVATE LIMITED , the National Housing Bank (“NHB”), the Reserve Bank of India (“RBI”), and any other statutory or regulatory authority, as may be applicable (“Regulator(s”); or any person so authorized by NIKETAN FINANCIAL SERVICES PRIVATE LIMITED or Regulator(s),as the case may be, shall have unrestricted right to access and conduct an inspection and audit directly through its officers/employees or through internal or external auditor/consultants so appointed by the Regulator(s) or by the Customer and examine the documents, books, information, records, logs, transactions, financial and operations conditions, customer details including but not limited to phone number, address, email id etc. (“Records”) pertaining to the Services or Connector, either stored or processed or within the custody of Connector, Connector and its sub-contractors shall immediately upon the said intimation and without demur, allow free access to the said Regulator or its authorized person either independently or along with the officials of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED to access the Records and other necessary information either in physical form at the place where it is stored or in any other form as it is stored or as it may be needed by the said Regulator(s) or its authorized person to be so provided or inspected and shall be that pertaining only to the Services offered to NIKETAN FINANCIAL SERVICES PRIVATE LIMITED.
1.8. The Connector and its Representatives shall, for the Services, abide by the Model Code of Conduct, if any, issued by National Housing Bank and any other Regulatory/Statutory bodies and its amendments from time to time applicable to NIKETAN FINANCIAL SERVICES PRIVATE LIMITED and its service providers and also execute any documents as may be required in this regard. Any breach of the code shall be an event of termination of the contract apart from the right of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED to demand/claim adequate damages.
1.9. Connector represents and warrants that:
1.1. The Connector shall source, refer, and recommend only creditworthy, bonafide, and genuine persons or entities as Leads.
1.2. The Connector shall create and maintain a database of Leads referred to NIKETAN FINANCIAL SERVICES PRIVATE LIMITED and allow NIKETAN FINANCIAL SERVICES PRIVATE LIMITED full access.
1.3. The Connector shall implement all mechanisms to increase NIKETAN FINANCIAL SERVICES PRIVATE LIMITED's business volume to its complete satisfaction. It shall represent NIKETAN FINANCIAL SERVICES PRIVATE LIMITED's interests through systematic canvassing and Services to potential Leads within the territory.
1.4. The Connector shall ensure that his/her obligations will be undertaken and performed by Representatives who possess adequate qualifications, experience, competency and skill sets who shall comply with the NIKETAN FINANCIAL SERVICES PRIVATE LIMITED Code of Conduct as provided in Annexure – 1 and Regulatory(s) Model Code of Conduct and all obligations of the Connector contained in this Agreement besides applying the industry best practice. Furthermore, neither the Connector nor its Representatives shall make any unauthorised statements, claims, warranties or representations concerning NIKETAN FINANCIAL SERVICES PRIVATE LIMITED or its Products and Services. Also, neither the Connector nor its Representatives shall engage in any conduct(either in writing or verbally) that may be prejudicial to the interest, business, goodwill or reputation of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED.
1.5. Representatives engaged by the Connector shall be in the Connector's sole employment, and the Connector shall be solely responsible for their salaries, wages, statutory payments, etc. Under no circumstances is NIKETAN FINANCIAL SERVICES PRIVATE LIMITED liable for any payment claim or compensation of any nature to the Representatives of the Connector.
1.6. Connector and its subcontractors, if any, shall keep complete and accurate books, records, and information of all the operations, expenses, and Records in connection with the Services provided to NIKETAN FINANCIAL SERVICES PRIVATE LIMITED in a manner satisfactory and, in any event, by the best industry standards.
1.7. The Connector and its sub-contractors agree that, NIKETAN FINANCIAL SERVICES PRIVATE LIMITED , the National Housing Bank (“NHB”), the Reserve Bank of India (“RBI”), and any other statutory or regulatory authority, as may be applicable (“Regulator(s”); or any person so authorized by NIKETAN FINANCIAL SERVICES PRIVATE LIMITED or Regulator(s),as the case may be, shall have unrestricted right to access and conduct an inspection and audit directly through its officers/employees or through internal or external auditor/consultants so appointed by the Regulator(s) or by the Customer and examine the documents, books, information, records, logs, transactions, financial and operations conditions, customer details including but not limited to phone number, address, email id etc. (“Records”) pertaining to the Services or Connector, either stored or processed or within the custody of Connector, Connector and its sub-contractors shall immediately upon the said intimation and without demur, allow free access to the said Regulator or its authorized person either independently or along with the officials of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED to access the Records and other necessary information either in physical form at the place where it is stored or in any other form as it is stored or as it may be needed by the said Regulator(s) or its authorized person to be so provided or inspected and shall be that pertaining only to the Services offered to NIKETAN FINANCIAL SERVICES PRIVATE LIMITED.
1.8. The Connector and its Representatives shall, for the Services, abide by the Model Code of Conduct, if any, issued by National Housing Bank and any other Regulatory/Statutory bodies and its amendments from time to time applicable to NIKETAN FINANCIAL SERVICES PRIVATE LIMITED and its service providers and also execute any documents as may be required in this regard. Any breach of the code shall be an event of termination of the contract apart from the right of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED to demand/claim adequate damages.
1.9. Connector represents and warrants that:
1.9.1. It is and will remain in good standing under the laws of the jurisdiction of its organisation and has all requisite power and authority to carry on its business as contemplated herein.
1.9.2. No further consent, approval, or authorisation, and all required consents, have been obtained from any other entities in connection with the execution and delivery of this Agreement.
1.9.3. It will comply with all applicable laws, rules, and regulations when performing its obligations under this Agreement.
1.The Connector shall, at all times during the service, agree to render and keep all Confidential Information confidential and not disclose any Confidential Information to any third party except to representatives who have a need to know the Confidential Information and who are otherwise under an obligation to keep such Confidential Information confidential; and (b) not use any Confidential Information for any purpose other than for the performance of its obligations under this Agreement.
1.9.1. It is and will remain in good standing under the laws of the jurisdiction of its organisation and has all requisite power and authority to carry on its business as contemplated herein.
1.9.2. No further consent, approval, or authorisation, and all required consents, have been obtained from any other entities in connection with the execution and delivery of this Agreement.
1.9.3. It will comply with all applicable laws, rules, and regulations when performing its obligations under this Agreement.
1.The Connector shall, at all times during the service, agree to render and keep all Confidential Information confidential and not disclose any Confidential Information to any third party except to representatives who have a need to know the Confidential Information and who are otherwise under an obligation to keep such Confidential Information confidential; and (b) not use any Confidential Information for any purpose other than for the performance of its obligations under this Agreement.
1.10. The Connector shall, at all times during the service, agree to render and keep all Confidential Information confidential and not disclose any Confidential Information to any third party except to representatives who have a need to know the Confidential Information and who are otherwise under an obligation to keep such Confidential Information confidential; and (b) not use any Confidential Information for any purpose other than for the performance of its obligations under this Agreement.
1.11. The Connector shall ensure that its Representatives do not divulge and disclose any of such terms to any third party without the prior written consent of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED.
1.12. The Connector shall ensure that the confidential information is not commercially exploited and is not used to gain economic or other benefits, either directly or indirectly, for itself or any third party.
1.13. The Connector shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care it uses in safeguarding its Confidential Information.
1.14. This clause shall survive the termination of the Agreement.
1.15. On a case-to-case basis, NIKETAN FINANCIAL SERVICES PRIVATE LIMITED may, at its absolute discretion, permit the use of its name and logo on the business cards and other stationery materials used by the Connector It is understood by the Connector that the usage of Company’s name., and logo shall be solely for the purpose/s contained and dealt with in this Agreement and will be subject to prior written permission of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED on the terms to be stipulated by NIKETAN FINANCIAL SERVICES PRIVATE LIMITED . NIKETAN FINANCIAL SERVICES PRIVATE LIMITED hereby expressly clarifies, and the Connector expressly acknowledges and agrees that such usage of the name and logo of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED shall not create any transfer, right, title or interest in respect of such any trade name, trade mark, or intellectual property in favour of Connector.
1.16. The Connector agrees and covenants that all the rights in the Intellectual property, including trademarks, trade names, Service marks, logos, copyrights, advertising copy, material, and graphics. Shall remain the sole and absolute property of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED . The Connector shall have no claim, lien, right of retention, sale or setoff or other right, title interest whatsoever therein for any reason whatsoever and, upon demand by NIKETAN FINANCIAL SERVICES PRIVATE LIMITED and expiry/termination contract, the Connector shall immediately cease from using and return the same to OHTPL.
1.17. The Connector shall not do or omit to do any act or deed that may, in the opinion of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED , bring the name of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED or their corporate logo/brand image into disrepute or which may damage, conflict with, or be detrimental to the interests of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED .
1.18. The database created by the Connector under this Agreement shall always be the sole and exclusive property of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED , with the Connector only being entitled to use it for this contract and no other purposes. All copyrights and other intellectual property rights in such databases shall belong solely and exclusively to OHTPL.
1.19. In cases where the same lead is referred by multiple connectors, the lead assignment and associated payout will be determined as follows:
1.10. The Connector shall, at all times during the service, agree to render and keep all Confidential Information confidential and not disclose any Confidential Information to any third party except to representatives who have a need to know the Confidential Information and who are otherwise under an obligation to keep such Confidential Information confidential; and (b) not use any Confidential Information for any purpose other than for the performance of its obligations under this Agreement.
1.11. The Connector shall ensure that its Representatives do not divulge and disclose any of such terms to any third party without the prior written consent of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED.
1.12. The Connector shall ensure that the confidential information is not commercially exploited and is not used to gain economic or other benefits, either directly or indirectly, for itself or any third party.
1.13. The Connector shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care it uses in safeguarding its Confidential Information.
1.14. This clause shall survive the termination of the Agreement.
1.15. On a case-to-case basis, NIKETAN FINANCIAL SERVICES PRIVATE LIMITED may, at its absolute discretion, permit the use of its name and logo on the business cards and other stationery materials used by the Connector It is understood by the Connector that the usage of Company’s name., and logo shall be solely for the purpose/s contained and dealt with in this Agreement and will be subject to prior written permission of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED on the terms to be stipulated by NIKETAN FINANCIAL SERVICES PRIVATE LIMITED . NIKETAN FINANCIAL SERVICES PRIVATE LIMITED hereby expressly clarifies, and the Connector expressly acknowledges and agrees that such usage of the name and logo of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED shall not create any transfer, right, title or interest in respect of such any trade name, trade mark, or intellectual property in favour of Connector.
1.16. The Connector agrees and covenants that all the rights in the Intellectual property, including trademarks, trade names, Service marks, logos, copyrights, advertising copy, material, and graphics. Shall remain the sole and absolute property of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED . The Connector shall have no claim, lien, right of retention, sale or setoff or other right, title interest whatsoever therein for any reason whatsoever and, upon demand by NIKETAN FINANCIAL SERVICES PRIVATE LIMITED and expiry/termination contract, the Connector shall immediately cease from using and return the same to OHTPL.
1.17. The Connector shall not do or omit to do any act or deed that may, in the opinion of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED , bring the name of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED or their corporate logo/brand image into disrepute or which may damage, conflict with, or be detrimental to the interests of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED .
1.18. The database created by the Connector under this Agreement shall always be the sole and exclusive property of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED , with the Connector only being entitled to use it for this contract and no other purposes. All copyrights and other intellectual property rights in such databases shall belong solely and exclusively to OHTPL.
1.19. In cases where the same lead is referred by multiple connectors, the lead assignment and associated payout will be determined as follows:
1.10. The Connector shall, at all times during the service, agree to render and keep all Confidential Information confidential and not disclose any Confidential Information to any third party except to representatives who have a need to know the Confidential Information and who are otherwise under an obligation to keep such Confidential Information confidential; and (b) not use any Confidential Information for any purpose other than for the performance of its obligations under this Agreement.
1.11. The Connector shall ensure that its Representatives do not divulge and disclose any of such terms to any third party without the prior written consent of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED.
1.12. The Connector shall ensure that the confidential information is not commercially exploited and is not used to gain economic or other benefits, either directly or indirectly, for itself or any third party.
1.13. The Connector shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care it uses in safeguarding its Confidential Information.
1.14. This clause shall survive the termination of the Agreement.
1.15. On a case-to-case basis, NIKETAN FINANCIAL SERVICES PRIVATE LIMITED may, at its absolute discretion, permit the use of its name and logo on the business cards and other stationery materials used by the Connector It is understood by the Connector that the usage of Company’s name., and logo shall be solely for the purpose/s contained and dealt with in this Agreement and will be subject to prior written permission of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED on the terms to be stipulated by NIKETAN FINANCIAL SERVICES PRIVATE LIMITED . NIKETAN FINANCIAL SERVICES PRIVATE LIMITED hereby expressly clarifies, and the Connector expressly acknowledges and agrees that such usage of the name and logo of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED shall not create any transfer, right, title or interest in respect of such any trade name, trade mark, or intellectual property in favour of Connector.
1.16. The Connector agrees and covenants that all the rights in the Intellectual property, including trademarks, trade names, Service marks, logos, copyrights, advertising copy, material, and graphics. Shall remain the sole and absolute property of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED . The Connector shall have no claim, lien, right of retention, sale or setoff or other right, title interest whatsoever therein for any reason whatsoever and, upon demand by NIKETAN FINANCIAL SERVICES PRIVATE LIMITED and expiry/termination contract, the Connector shall immediately cease from using and return the same to NIKETAN FINANCIAL SERVICES PRIVATE LIMITED.
1.17. The Connector shall not do or omit to do any act or deed that may, in the opinion of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED, bring the name of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED or their corporate logo/brand image into disrepute or which may damage, conflict with, or be detrimental to the interests of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED.
1.18. The database created by the Connector under this Agreement shall always be the sole and exclusive property of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED , with the Connector only being entitled to use it for this contract and no other purposes. All copyrights and other intellectual property rights in such databases shall belong solely and exclusively to NIKETAN FINANCIAL SERVICES PRIVATE LIMITED .
1.19. In cases where the same lead is referred by multiple connectors, the lead assignment and associated payout will be determined as follows:
1.10. The Connector shall, at all times during the service, agree to render and keep all Confidential Information confidential and not disclose any Confidential Information to any third party except to representatives who have a need to know the Confidential Information and who are otherwise under an obligation to keep such Confidential Information confidential; and (b) not use any Confidential Information for any purpose other than for the performance of its obligations under this Agreement.
1.11. The Connector shall ensure that its Representatives do not divulge and disclose any of such terms to any third party without the prior written consent of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED.
1.12. The Connector shall ensure that the confidential information is not commercially exploited and is not used to gain economic or other benefits, either directly or indirectly, for itself or any third party.
1.13. The Connector shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care it uses in safeguarding its Confidential Information.
1.14. This clause shall survive the termination of the Agreement.
1.15. On a case-to-case basis, NIKETAN FINANCIAL SERVICES PRIVATE LIMITED may, at its absolute discretion, permit the use of its name and logo on the business cards and other stationery materials used by the Connector It is understood by the Connector that the usage of Company’s name., and logo shall be solely for the purpose/s contained and dealt with in this Agreement and will be subject to prior written permission of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED on the terms to be stipulated by NIKETAN FINANCIAL SERVICES PRIVATE LIMITED . NIKETAN FINANCIAL SERVICES PRIVATE LIMITED hereby expressly clarifies, and the Connector expressly acknowledges and agrees that such usage of the name and logo of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED shall not create any transfer, right, title or interest in respect of such any trade name, trade mark, or intellectual property in favour of Connector.
1.16. The Connector agrees and covenants that all the rights in the Intellectual property, including trademarks, trade names, Service marks, logos, copyrights, advertising copy, material, and graphics. Shall remain the sole and absolute property of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED . The Connector shall have no claim, lien, right of retention, sale or setoff or other right, title interest whatsoever therein for any reason whatsoever and, upon demand by NIKETAN FINANCIAL SERVICES PRIVATE LIMITED and expiry/termination contract, the Connector shall immediately cease from using and return the same to NIKETAN FINANCIAL SERVICES PRIVATE LIMITED.
1.17. The Connector shall not do or omit to do any act or deed that may, in the opinion of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED, bring the name of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED or their corporate logo/brand image into disrepute or which may damage, conflict with, or be detrimental to the interests of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED.
1.18. The database created by the Connector under this Agreement shall always be the sole and exclusive property of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED , with the Connector only being entitled to use it for this contract and no other purposes. All copyrights and other intellectual property rights in such databases shall belong solely and exclusively to NIKETAN FINANCIAL SERVICES PRIVATE LIMITED .
1.19. In cases where the same lead is referred by multiple connectors, the lead assignment and associated payout will be determined as follows:
1.19.1. First Referral Priority: The referral recorded first in the system (via the app, call center, or other approved communication channels) will be considered the valid lead for payout purposes.
1.19.2. Duplicate Referral Notification: Connectors who refer the same lead subsequently will be notified about the existing referral in the system and will not be eligible for payout for that specific lead.
1.19.3. Dispute Resolution: If there are disputes regarding the lead referral, connectors may submit a formal query within a defined period (e.g., 7 days) for review. The final decision will be at the discretion of the company, based on the lead referral records.
1.19.4 No Double Payout: The company reserves the right to restrict payouts to a single connector per lead, ensuring fair practices and preventing duplicate incentives.
1.19.1. First Referral Priority: The referral recorded first in the system (via the app, call center, or other approved communication channels) will be considered the valid lead for payout purposes.
1.19.2. Duplicate Referral Notification: Connectors who refer the same lead subsequently will be notified about the existing referral in the system and will not be eligible for payout for that specific lead.
1.19.3. Dispute Resolution: If there are disputes regarding the lead referral, connectors may submit a formal query within a defined period (e.g., 7 days) for review. The final decision will be at the discretion of the company, based on the lead referral records.
1.19.4 No Double Payout: The company reserves the right to restrict payouts to a single connector per lead, ensuring fair practices and preventing duplicate incentives.
Term, Termination & Effect of Termination
Term, Termination & Effect of Termination
Term, Termination & Effect of Termination
2.1. Notwithstanding anything contrary to this Agreement, NIKETAN FINANCIAL SERVICES PRIVATE LIMITED may terminate this Agreement without assigning any reason whatsoever by giving the Connector one (1) day prior written notice.
(i) The Connector may terminate this Agreement by serving 30 (thirty) days' written notice to NIKETAN FINANCIAL SERVICES PRIVATE LIMITED.
2.1. Notwithstanding anything contrary to this Agreement, NIKETAN FINANCIAL SERVICES PRIVATE LIMITED may terminate this Agreement without assigning any reason whatsoever by giving the Connector one (1) day prior written notice.
(i) The Connector may terminate this Agreement by serving 30 (thirty) days' written notice to NIKETAN FINANCIAL SERVICES PRIVATE LIMITED.
2.2. This Agreement shall stand terminated (with immediate effect) on the happening of any one or more of the following: -
2.2. This Agreement shall stand terminated (with immediate effect) on the happening of any one or more of the following: -
(a) The Connector becoming incapable of carrying out the terms of this Agreement or its duties herein.
(b) The Connector is committing a breach of any provisions of this Agreement.
(c) The Connector goes into liquidation, is wound up, or a provisional liquidator, official liquidator, or receiver is appointed to take possession of its undertaking, business, or assets.
(d) Change in the management or ownership of the Connector.
(a) The Connector becoming incapable of carrying out the terms of this Agreement or its duties herein.
(b) The Connector is committing a breach of any provisions of this Agreement.
(c) The Connector goes into liquidation, is wound up, or a provisional liquidator, official liquidator, or receiver is appointed to take possession of its undertaking, business, or assets.
(d) Change in the management or ownership of the Connector.
2.3. Consequences of Termination: Upon termination of this Agreement by either Party
2.3. Consequences of Termination: Upon termination of this Agreement by either Party
(a) All rights of Connector hereunder will terminate.
(b) The Connector will immediately discontinue making all representations or statements from which it might be inferred that any relationship exists between the Connector and NIKETAN FINANCIAL SERVICES PRIVATE LIMITED.
(c) The Connector will immediately return to NIKETAN FINANCIAL SERVICES PRIVATE LIMITED all Confidential Information, catalogues and literature (along with its copies, if any) in its possession, custody or control in whichever form held (including all copies or embodiments thereof) and will cease using any trademarks, service marks and other designations of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED.
(d) Connector shall not act to damage the reputation or goodwill of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED or the Products.
(e) The provisions of Clause 14 (Non-Exclusivity), Clause No. 7 (Confidentiality), and Clause No. 8 (Intellectual Property Rights) shall survive the expiry or termination of this Agreement.
(a) All rights of Connector hereunder will terminate.
(b) The Connector will immediately discontinue making all representations or statements from which it might be inferred that any relationship exists between the Connector and NIKETAN FINANCIAL SERVICES PRIVATE LIMITED.
(c) The Connector will immediately return to NIKETAN FINANCIAL SERVICES PRIVATE LIMITED all Confidential Information, catalogues and literature (along with its copies, if any) in its possession, custody or control in whichever form held (including all copies or embodiments thereof) and will cease using any trademarks, service marks and other designations of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED.
(d) Connector shall not act to damage the reputation or goodwill of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED or the Products.
(e) The provisions of Clause 14 (Non-Exclusivity), Clause No. 7 (Confidentiality), and Clause No. 8 (Intellectual Property Rights) shall survive the expiry or termination of this Agreement.
2.4. It is distinctly understood by the Parties herein that expiration or termination of this Agreement shall be without prejudice to the accrued rights of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED.
2.5. The Connector shall, at his/her/its own expense, indemnify, defend and hold harmless NIKETAN FINANCIAL SERVICES PRIVATE LIMITED and its officers, directors, employees, representatives and agents against any third-party claim, demand, suit, action or other proceedings brought against NIKETAN FINANCIAL SERVICES PRIVATE LIMITED and them and all damages, awards, settlements, liabilities, losses, costs and expenses to the extent that such claim, suit, action or other proceedings is based on or arises from any deficiency in Services by the Connector or any other breach of this Agreement or on account of any act of omission or commission done or permitted to be done by the Connector or any of its representatives. OHTPL shall not be liable to indemnify the Connector or be liable or responsible for any direct, indirect or any special and consequential losses or damages which the Connector may suffer on its account or cause, Representatives having acted contrary to or in breach of the terms of this Agreement and instructions/guidelines, authorization/s provided by NIKETAN FINANCIAL SERVICES PRIVATE LIMITED to the Connector.
2.4. It is distinctly understood by the Parties herein that expiration or termination of this Agreement shall be without prejudice to the accrued rights of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED.
2.5. The Connector shall, at his/her/its own expense, indemnify, defend and hold harmless NIKETAN FINANCIAL SERVICES PRIVATE LIMITED and its officers, directors, employees, representatives and agents against any third-party claim, demand, suit, action or other proceedings brought against NIKETAN FINANCIAL SERVICES PRIVATE LIMITED and them and all damages, awards, settlements, liabilities, losses, costs and expenses to the extent that such claim, suit, action or other proceedings is based on or arises from any deficiency in Services by the Connector or any other breach of this Agreement or on account of any act of omission or commission done or permitted to be done by the Connector or any of its representatives. OHTPL shall not be liable to indemnify the Connector or be liable or responsible for any direct, indirect or any special and consequential losses or damages which the Connector may suffer on its account or cause, Representatives having acted contrary to or in breach of the terms of this Agreement and instructions/guidelines, authorization/s provided by NIKETAN FINANCIAL SERVICES PRIVATE LIMITED to the Connector.
Assignment and Sub-Contracting
Assignment and Sub-Contracting
Assignment and Sub-Contracting
3.1. The Connector shall not assign, transfer or sub-contract any of its rights and obligations under this Agreement except with prior written permission of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED . NIKETAN FINANCIAL SERVICES PRIVATE LIMITED may at any time assign to any Company or other financial institutions all or any part of the Company’s rights and benefits under this Agreement. In that event, the assignee shall have the same rights against the Connector as it would have had if the assignee had been a party to this Agreement.
3.1. The Connector shall not assign, transfer or sub-contract any of its rights and obligations under this Agreement except with prior written permission of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED . NIKETAN FINANCIAL SERVICES PRIVATE LIMITED may at any time assign to any Company or other financial institutions all or any part of the Company’s rights and benefits under this Agreement. In that event, the assignee shall have the same rights against the Connector as it would have had if the assignee had been a party to this Agreement.
Principal-to-Principal Agreement
Principal-to-Principal Agreement
Principal-to-Principal Agreement
4.1. It is agreed between both Parties that this Agreement is on a principal-to-principal basis and does not create any agency, partnership, joint venture, employer-employee, or principal-agent relationship between NIKETAN FINANCIAL SERVICES PRIVATE LIMITED and the Connector or its Representatives.
4.1. It is agreed between both Parties that this Agreement is on a principal-to-principal basis and does not create any agency, partnership, joint venture, employer-employee, or principal-agent relationship between NIKETAN FINANCIAL SERVICES PRIVATE LIMITED and the Connector or its Representatives.
Notices.
Notices.
Notices.
5.1. All notices and other communication hereunder shall be in writing and shall be deemed given: (a) upon receipt if delivered personally or if mailed by registered post, return receipt requested and postage prepaid; or (b) three (3) days after dispatch, if sent by a courier; or (c) the day of delivery if sent by email unless the sender receives an automated message that the email has not been delivered.
5.2. All notices shall be delivered to the following respective mailing and email addresses (or at such other address a Party may specify)
5.1. All notices and other communication hereunder shall be in writing and shall be deemed given: (a) upon receipt if delivered personally or if mailed by registered post, return receipt requested and postage prepaid; or (b) three (3) days after dispatch, if sent by a courier; or (c) the day of delivery if sent by email unless the sender receives an automated message that the email has not been delivered.
5.2. All notices shall be delivered to the following respective mailing and email addresses (or at such other address a Party may specify)
Non-exclusivity
Non-exclusivity
Non-exclusivity
6.1. The Connector acknowledges, agrees, and confirms that this Agreement is non-exclusive. NIKETAN FINANCIAL SERVICES PRIVATE LIMITED is entitled in its absolute discretion to appoint any other person(s), company, companies or any other entity/entities to perform any services similar to or competing with all or any of the Scope of Services contemplated herein. Nothing in this Agreement shall be deemed to preclude NIKETAN FINANCIAL SERVICES PRIVATE LIMITED from appointing any other Connector or from time to time.
6.1. The Connector acknowledges, agrees, and confirms that this Agreement is non-exclusive. NIKETAN FINANCIAL SERVICES PRIVATE LIMITED is entitled in its absolute discretion to appoint any other person(s), company, companies or any other entity/entities to perform any services similar to or competing with all or any of the Scope of Services contemplated herein. Nothing in this Agreement shall be deemed to preclude NIKETAN FINANCIAL SERVICES PRIVATE LIMITED from appointing any other Connector or from time to time.
Entire Agreement
Entire Agreement
Entire Agreement
7.1. This Agreement and its Annexure constitute the entire Agreement between the Parties concerning its subject matter, and it shall not be varied, amended, or supplemented except by an instrument in writing executed by the duly authorised representative of both Parties.
7.1. This Agreement and its Annexure constitute the entire Agreement between the Parties concerning its subject matter, and it shall not be varied, amended, or supplemented except by an instrument in writing executed by the duly authorised representative of both Parties.
Arbitration
Arbitration
Arbitration
8.1. It is agreed by and between the Parties that in case of any dispute or disagreement arising under this Agreement, the Parties shall resolve the same amicably. If any dispute remains unresolved for more than 30 days from the date of notice of such dispute or disagreement, then it shall be settled by arbitration by a sole arbitrator to be appointed by NIKETAN FINANCIAL SERVICES PRIVATE LIMITED. The arbitration seat shall be in Bengaluru. The arbitration shall be conducted under the provisions of the Indian Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force. The award of such Arbitrator shall be final and binding upon the Parties hereto. The arbitration shall be in English.
8.2. This Agreement shall be governed and construed under the laws of India, and the Parties agree to submit it to the jurisdiction of Bengaluru Court.
8.3. Each Party shall pay its own legal and other costs incurred in negotiating, preparing, and implementing this Agreement.
8.1. It is agreed by and between the Parties that in case of any dispute or disagreement arising under this Agreement, the Parties shall resolve the same amicably. If any dispute remains unresolved for more than 30 days from the date of notice of such dispute or disagreement, then it shall be settled by arbitration by a sole arbitrator to be appointed by NIKETAN FINANCIAL SERVICES PRIVATE LIMITED. The arbitration seat shall be in Bengaluru. The arbitration shall be conducted under the provisions of the Indian Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force. The award of such Arbitrator shall be final and binding upon the Parties hereto. The arbitration shall be in English.
8.2. This Agreement shall be governed and construed under the laws of India, and the Parties agree to submit it to the jurisdiction of Bengaluru Court.
8.3. Each Party shall pay its own legal and other costs incurred in negotiating, preparing, and implementing this Agreement.
No deemed waiver
No deemed waiver
No deemed waiver
9.1. Any forbearance, waiver, or failure of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED to insist upon the performance of any provision of this Agreement shall not constitute a waiver by NIKETAN FINANCIAL SERVICES PRIVATE LIMITED of any subsequent breach, nor shall such waiver prejudice, affect, or restrict NIKETAN FINANCIAL SERVICES PRIVATE LIMITED's rights herein.
9.1. Any forbearance, waiver, or failure of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED to insist upon the performance of any provision of this Agreement shall not constitute a waiver by NIKETAN FINANCIAL SERVICES PRIVATE LIMITED of any subsequent breach, nor shall such waiver prejudice, affect, or restrict NIKETAN FINANCIAL SERVICES PRIVATE LIMITED's rights herein.
Severability
Severability
Severability
10.1. The invalidity or unenforceability of any provisions of this Agreement in any jurisdiction shall not affect the validity, legality or enforceability of the remainder of this Agreement in such jurisdiction or the validity, legality or enforceability of this Agreement, including any such provision in any other jurisdiction, it is intended that all rights and obligations of the Parties herein shall be enforceable to the fullest extent permitted by law.
10.1. The invalidity or unenforceability of any provisions of this Agreement in any jurisdiction shall not affect the validity, legality or enforceability of the remainder of this Agreement in such jurisdiction or the validity, legality or enforceability of this Agreement, including any such provision in any other jurisdiction, it is intended that all rights and obligations of the Parties herein shall be enforceable to the fullest extent permitted by law.
Annexure–1
Annexure–1
Annexure–1
Connector Code Of Conduct
Connector Code Of Conduct
Connector Code Of Conduct
The code will apply to all the Connectors providing lead generation and referral services to NIKETAN FINANCIAL SERVICES PRIVATE LIMITED and involved in the marketing and distribution of any loan or other financial product of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED. The Connector and its employees/representatives shall agree to abide by this code before undertaking any direct marketing operations on behalf of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED. Violating this code may result in the blocklisting of the Connector and such other legal (civil and criminal) actions deemed fit by NIKETAN FINANCIAL SERVICES PRIVATE LIMITED. The Connector shall require its Representatives to sign its Declaration before assigning them their duties according to the format provided by NIKETAN FINANCIAL SERVICES PRIVATE LIMITED.
No misleading statements/miss-representations permitted
No misleading statements/miss-representations permitted
(i) Mislead the prospective customer on any service/Products offered by NIKETAN FINANCIAL SERVICES PRIVATE LIMITED;
(ii) Mislead the prospect about their business or organisation’s name or falsely represent themselves;
(iii) Make any false/unauthorised commitment on behalf of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED for any facility/housing loan/service
(i) Mislead the prospective customer on any service/Products offered by NIKETAN FINANCIAL SERVICES PRIVATE LIMITED;
(ii) Mislead the prospect about their business or organisation’s name or falsely represent themselves;
(iii) Make any false/unauthorised commitment on behalf of NIKETAN FINANCIAL SERVICES PRIVATE LIMITED for any facility/housing loan/service
Annexure–2
Annexure–2
Annexure–2
Connector Sourcing Fees
Connector Sourcing Fees
Connector Sourcing Fees
1. The Connector shall receive a Sourcing Fee for Loan disbursed cases. Upon raising an invoice, the Connector shall receive the Sourcing Fee payable for Loans Disbursed in a given month, monthly, by the 15th day of the following month for the service provided in the previous month. The amount of the sourcing fee will be communicated to the connector from time to time, or the connector can seek this information before sourcing any loan.
2. The Connector shall not be entitled to any other payment except the Sourcing Fees agreed hereunder and other additional payouts as agreed by NIKETAN FINANCIAL SERVICES PRIVATE LIMITED in writing.
3. All payments shall be made to the Connector after making statutory deductions, if any.
4. NIKETAN FINANCIAL SERVICES PRIVATE LIMITED shall also have the right to set off, deduct and recover from the fees or any other amount payable to the Connector all amounts which may or become payable or which the Connector is liable to pay to OHTPL under this Agreement or on any other account what so ever. The Connector shall immediately reimburse any amount accidentally paid to the Connector. In the event of any delay in refunding the amount, the Connector shall be liable to pay interest @ 18 % p.a. on the said amount.
5. The Connector shall bear all Service tax liability, existing/new taxes, cess, and other outgoings. The Sourcing Fees shall be payable after deduction of all the applicable taxes.
6. Suppose the Customer reduces the loan amount after paying the Sourcing Fee to the Connector. In that case, NIKETAN FINANCIAL SERVICES PRIVATE LIMITED reserves the right to recall the proportionate amount of the Sourcing Fee already paid to the connector. The Connector shall repay the Sourcing Fee due to the customer reducing the loan amount within ten calendar days from the receipt of the repayment notice from NIKETAN FINANCIAL SERVICES PRIVATE LIMITED to the Connector.
Last Updated: November 7, 2024
1. The Connector shall receive a Sourcing Fee for Loan disbursed cases. Upon raising an invoice, the Connector shall receive the Sourcing Fee payable for Loans Disbursed in a given month, monthly, by the 15th day of the following month for the service provided in the previous month. The amount of the sourcing fee will be communicated to the connector from time to time, or the connector can seek this information before sourcing any loan.
2. The Connector shall not be entitled to any other payment except the Sourcing Fees agreed hereunder and other additional payouts as agreed by NIKETAN FINANCIAL SERVICES PRIVATE LIMITED in writing.
3. All payments shall be made to the Connector after making statutory deductions, if any.
4. NIKETAN FINANCIAL SERVICES PRIVATE LIMITED shall also have the right to set off, deduct and recover from the fees or any other amount payable to the Connector all amounts which may or become payable or which the Connector is liable to pay to OHTPL under this Agreement or on any other account what so ever. The Connector shall immediately reimburse any amount accidentally paid to the Connector. In the event of any delay in refunding the amount, the Connector shall be liable to pay interest @ 18 % p.a. on the said amount.
5. The Connector shall bear all Service tax liability, existing/new taxes, cess, and other outgoings. The Sourcing Fees shall be payable after deduction of all the applicable taxes.
6. Suppose the Customer reduces the loan amount after paying the Sourcing Fee to the Connector. In that case, NIKETAN FINANCIAL SERVICES PRIVATE LIMITED reserves the right to recall the proportionate amount of the Sourcing Fee already paid to the connector. The Connector shall repay the Sourcing Fee due to the customer reducing the loan amount within ten calendar days from the receipt of the repayment notice from NIKETAN FINANCIAL SERVICES PRIVATE LIMITED to the Connector.
Last Updated: November 7, 2024