DOL Money Officer (Non- Employment/Contract/Commission based)
to provide the necessary required information to ESPLNOW THEREFORE THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS UNDER:
ESPL hereby engages the Franchise Partner as its Direct Selling Associate, on a specific location with multiple Franchise Partners to cater market and canvass the Products and Services to potential customers and to introduce potential customers to ESPL, and fulfilment of potential customers (login to disbursement) availed from ESPL on pay-out sharing basis within the Territory.
This Agreement shall come into force on ___________’2024 and shall continue till annual renewal, unless terminated earlier or failure of annual renewal. Notwithstanding this either party hereto can terminate the agreement by giving one month notice in writing to the other party.
ESPL may, at its absolute discretion, accept or reject any proposal or introduction made by Free and the decision of ESPL in this regard shall be final. All proposals generated by the Franchise Partner while increasing the business of ESPL will only be referred to ESPL
All intellectual property rights, including without limitation trademarks, trade name, service marks, logo, copyrights, advertising copy, material, graphics, software etc., will remain the sole property of ESPL On a case-to-case basis, ESPL may, at its absolute discretion, permit the use of its name and logo on the business cards and other stationery materials used by the Franchise Partner. However, the usage of ESPL’s name and logo shall be solely for the purposes described in this agreement and will be subject to express prior written approval of ESPL and on the terms stipulated by ESPL It is specifically made clear to the Franchise Partner that such usage of the name and logo by the Franchise Partner shall not create any right, title, or interest in respect of the name, logo, or intellectual property in favour of the Franchise Partner.
Notwithstanding anything to the contrary contained elsewhere in this Agreement or any instructions/ guidelines given by ESPL in respect of any type of work/ assignment/ case that may be referred to by ESPL to the DSA under this Agreement, the DSA, their personnel/ employees or any other person acting on behalf of or at the behest of the DSA shall not use any physical force and/ or cause injury either to the customer(s) of ESPL and/ or to any other person or property during the course of the execution of any obligation/ job/ task/ work referred to the DSA for any reason whatsoever including any provocation by any person.
In the event of termination of this Agreement in accordance with the provisions of this Agreement by either party for any reason whatsoever, the Franchise Partner shall forthwith return to ESPL all Materials, documents/ papers/ monies/ authorization letters/ properties of ESPL The Franchise Partner shall be responsible and liable for any loss or damages caused by not returning Materials or documents/ papers/ monies/ authorization letters/ properties of ESPL forthwith on termination of this
ESPL or its duly authorised representatives shall be entitled to enter upon the office premises of the DSA at all reasonable times during the working hours of the Office of the DSA for viewing, obtaining and inspection of the records in the office premises. The DSA shall provide office space and furniture and always make available records to ESPL for use by any officer or authorised representative of ESPL during the tenure of this Agreement.
The Franchise Partner understands and hereby acknowledges that this Agreement entered between ESPL and the Franchise Partner, Exuberant Systems Pvt Ltd does not give any exclusive rights to Franchise Partner.
The Franchise Partner/DSA hereby acknowledge that in the event of any fraud, misrepresentation, gross negligence, wilful misconduct, and violation of any provision of this Agreement on the part of DSA, then in such case ESPL shall recover the amount of loss and damage that ESPL or its associate bank may suffer because of above activities from the DSA/Associate Partner.
Nothing contained herein shall restrict the rights of ESPL to pursue any other remedy at law or in equity with respect to such activities. The DSA/ Associate shall be entirely responsible for any wilful fraud or misrepresentation.
The Franchise Partner/DSA shall not assign any of her/his/its rights and obligations hereunder to any person or party without the explicit prior written consent of ESPL in this regard.
Any notice by either party to the other party shall be in writing and delivered at the address of the other party given herein below.
Address of ESPL:
7th Floor, Mayfair Tower, Old Mumbai-Pune Highway, Wakdewadi, Shivajinagar, Pune 411005
Address of the Franchise Partner/ DSA: (as per Udyam)
_________________________________________________________________________________________
Any forbearance, waiver, or failure of ESPL to insist upon the performance of any provision of this Agreement shall not constitute a waiver by ESPL of any subsequent breach nor shall such waiver prejudice, affect or restrict the rights of ESPL hereunder.
The Franchise Partner/DSA declares and represents that they have requisite powers and authority to fulfil their obligations set out in the Agreement, and guarantee due performance under this Agreement.
This Agreement represents the entire agreement between the parties in respect of the subject matter hereof and shall be modified, amended, or varied only in writing by a note of amendment signed by both parties in this regard. This Agreement supersedes all prior agreements, understanding and negotiations, whether oral or written between the parties hereto in respect of the subject matter hereof.
This Agreement if not renewed shall stand terminated on the expiry of the tenure of this Agreement or This Agreement may be terminated by either party at any time by issuing to the other party, thirty days’ notice+ in writing, without assigning any reasons therefore. Provided however, any rights and/ or obligations including any obligation to make payment/s that may have become due, of both parties prior to the date of receipt of the notice of termination of this Agreement by ESPL shall not be prejudiced and such rights and obligations shall be enforceable in spite of the termination of this Agreement.
21. ESPL may terminate this Agreement immediately at any time hereafter on the happening of any one or more of the following events:
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 being intended that all rights and obligations of the Parties hereunder shall be enforceable to the fullest extent permitted by law.
This Agreement has been signed by as many counterparts as are necessary, each of which shall be deemed to be an original.
The headings herein are included for convenience of reference only and shall be ignored in the construction or interpretation hereof.
CODE OF CONDUCT, ETHICS AND BUSINESS PRINCIPLES FOR DIRECT SELLING ASSOCIATES OF “ESPL”
The purpose of this Code is to emphasise the sense of responsibility among Franchise Partner/DSAs of ESPL, and among their sales staff/ representation and to encourage the highest level of ethical business conduct among all participants in the direct selling industry.
Franchise Partner/DSA must adhere to strict Codes of Conduct in their dealings with consumers and their representatives, sales staff, and independent sales contractors. These provisions include:
IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hands and seals the day and year first hereinabove written.
SIGNED AND DELIVERED by
For Exuberant Systems Pvt Ltd (ESPL)
Mr. Manoj Ashok Sharma - CEO
SIGNED AND DELIVERED by the DSA
1. ___________________________.
1. Payout will be released after clearance of all bank queries & verified by ESPL/ DOL Money payout team.
2. Payout is on Net Disbursement amount, after validation from the Bank.
3. Payout date will be 30th/31st of every month or instantly with limited products.
4. The payout will be done via A/c payee Cheque, wallet, or Net banking.
5. All payout dues will be paid, monthly, only after completion of all post-disbursal documentation formalities with the customer, as required by banking partners.
6. Final decision regarding remuneration to be taken by the Business Head of Dealsofloan.
7. Note: Deductions as per government laws would be applicable. e.g., TDS & GST.
8. All payout rates are subject to bank's sole discretion and can be changed by the Banks/NBFCs with or without prior notification.
9. Payout slabs may reduce/change for the subvention cases where processing fees / interest rate waiver to convince the customer.
10. Payout will be shared 50:50 ratio of the applicable slabs between Lead generator and lead fulfilment Franchise Partner/DSA for only lead sharing cases.
Exuberant Systems Private Limited (ESPL) makes use of its proprietary Partner Web/Mobile app / Customer Relationship Management (CRM) software to manage business with the Franchise Partner and mandates the CRM's use for all its Franchise Partner.
Refer link below to further read on CRM's terms of service:
https://crm.dealsofloan.com/tos
Exuberant Systems Pvt Ltd (ESPL)
Mr. Manoj Ashok Sharma - CEO
SIGNED AND DELIVERED by the DSA
1. ___________________________.
Franchise Plan Name | Super 30 Plan |
Franchise Fees-INR (Advance with 4 Instalments) | 36,000 |
Payment - Upfront Payment - INR | 12000 |
1st- Instalment | 6000 |
2nd- Instalment | 6000 |
3rd- Instalment | 6000 |
4th- Instalment | 6000 |
Franchise Annual Renewal Fees - INR | 12000 |
Note: Franchise Fee is non-refundable, because it has involved various costs, like welcome kit cost, courier charges, Training Program charges, Franchise Team (Sales Executive) monitoring cost etc.