A Revolution Rajeev Gandhi Computer Shaksharta Misson Agreement... · Web viewThe Franchiser is RAJIV GANDHI ... to use the trade mark upon or in connection with the aforesaid business

CONFIDENTIALRAJIV GANDHI FOUNDATION

OF ADVANCE EDUCATION AND RESEARCH

FRANCHIESS AGREEMENT

1. PARTIES

1.1. FRANCHISER RAJIV GANDHI FOUNDATION OF ADVANCE EDUCATION AND RESEARCH

STATE REGIONAL OFFICE 3/70 , SECTOR- G, JANKIPURAM LUCKNOW-226021

CORPORATE OFFICE: 3/70, SECTOR – G, STATE BANK OF INDIA BASEMENT, JANKIPURAM LUCKNOW – 226021

Franchisee Agreement



1.2. FRANCHISEE

Mr. Mohammad Zaki

Add- Senema Road, Gandhi Road Laharpur (Adhar Card 402460811144), PIN - 261135

2. STATUS

2.1. The franchiser is RAJIV GANDHI FOUNDATION OF ADVANCE EDUCATION AND RESEARCH, herein after referred as RAJIV GANDHI FOUNDATION OF ADVANCE EDUCATION AND RESEARCH.

The franchisee is –




Mr. Mohammad Zaki

Add- Senema Road, Gandhi Road Laharpur (Adhar Card 402460811144), PIN - 261135

3. RECORDAL

3.1. The Franchiser is RAJIV GANDHI FOUNDATION OF ADVANCE EDUCATION AND RESEARCH promotes computer and vocational computer education and vocational training programmes under the name and style of RAJIV GANDHI FOUNDATION OF ADVANCE EDUCATION AND RESEARCH to promote and impart knowledge in Information Technology and also Computer education and vocational training Programme. Due to expertise and presence in the field for long time, the franchiser holds know how and expertise to run the center efficiently under uniform code of conduct. The franchiser is popularly known as RAJIV GANDHI FOUNDATION OF ADVANCE EDUCATION AND RESEARCH.

3.2. The franchisee is engaged in the business of conducting computer education and vocational training classes and having exposure in the self development field wishes to enter into better and expert computer education and vocational training activities in the field of Information Technology and self development. The franchisee declares that it has reasonable knowledge and facilities for running the coaching center to impart education and awareness to knowledge seekers and desire of availing an opportunity of getting expertise technical knowledge in the field of Information Technology and allied activities from the franchiser.

3.3. The Franchisee has requested the franchiser to grant franchise to franchisee a non- exclusive license to use within the city of the trade mark “RAJIV GANDHI FOUNDATION OF ADVANCE EDUCATION AND RESEARCH” upon or in relation to the said coaching center.

3.4. The franchisee has adequate network, Infrastructure, expertise and financial capacity to invest in the computer education and vocational training center and would be able to maintain the center strictly according to the rules and regulations more specifically mentioned in this agreement.

3.5. The franchiser inspected the initial documents submitted by the franchisee, Visited the proposed premises through its officers obtained satisfactory report and got satisfied about the




viability of the statements submitted by the franchisee and shoed its willingness to extend the franchise agreement subject to the terms and conditions stipulated hereafter.

The place of Operation of Franchisee Shall be Address –

Add- Mohalla Katra, Laharpur - 261135

3.6. which shall not be changed without prior approval from the Franchiser.

3.7. Nothing herein contained shall be deemed to be a partnership or joint venture by and between the parties of any nature what so ever.

3.8. All other conditions mentioned in franchise application form duly signed by the franchisee are also applicable and are becoming part of this agreement.

3.9. Franchiser is the owner of the trade name “RAJIV GANDHI FOUNDATION OF ADVANCE EDUCATION AND RESEARCH” and franchiser is exclusively using this trade mark. The franchiser has applied for the excusive ownership of the trade name “RAJIV GANDHI FOUNDATION OF ADVANCE EDUCATION AND RESEARCH” vide application under the category related to education development programme, with the register of trade mark at RAJIV GANDHI FOUNDATION OF ADVANCE EDUCATION AND RESEARCH Uttar Pradesh, India.

4. GRANT

4.1. Subject to the terms , conditions, covenants herein contained and subject at all times to the fact that the imparting of the computer education and vocational training education and its allied activities shall meet the stinger standards and technical knowhow laid down by the Franchiser, the Franchiser hereby grants to the Franchisee the Non- Transferable and non- exclusive franchise license to use the “RAJIV GANDHI FOUNDATION OF ADVANCE EDUCATION AND RESEARCH” trademark upon or in relation to materials notes, stationery, articles, books and allied materials supplied by the franchiser and or franchisee.

4.2. The relationship between the Franchiser is contractual and non-exclusive.




4.3. The Franchisee shall organize and run the center in terms of the Agreement and provides Information Technology as well as vocational Courses to the Students, Businessmen, Housewives, Kids and executives tec. It may carry on any other courses in the said center or in said premises except the Information Technology.

4.4. The Franchisee shall provide and or employ such number of employee staff and trainer as may be necessary from time to time for the said coaching center and shall discharge their commitment / promises and authority dues of whatsoever nature. The Franchiser shall not in any way be liable to pay any such salary, wages or statutory dues or liabilities and the same shall be entirely the liability of the Franchisee. The Franchisee shall have to participate in all marketing / Advertisement campaigns and the franchisee shall be liable to pay entire marketing/ advertisement campaign expenses.

4.5. The Franchiser shall provide all necessary study material, Courseware, books, notes, Stationary articles as Enquiry Form, Enrollment Form, Brochures and Pamphlets etc. on advance payment made by franchisee.

4.6. The Franchisee shall not discontinue the center or open at any other without written consent of the franchiser.

4.7. The franchiser shall issue the individual Certificate to the students who are declared successful in the examination. The Certificate will be issued from Head Office of Franchiser only when the Franchisee submits No Due Certificate of student to the Franchiser. The Franchisee has no right to print or reproduce the certificate.

4.8. The Franchisee shall be entitled to use the goodwill of the Franchiser as “RAJIV GANDHI FOUNDATION OF ADVANCE EDUCATION AND RESEARCH” Franchisee. The Franchisee shall not misuse the name and goodwill of the Franchiser, falling which the Franchiser shall be at liberty to terminate the Agreement without assigning any reason.

5. STANDARDS & SPECIFICATION :

5.1. The standards of high quality of computer education and vocational training programmes and Computer Education and guidance based on technical knowhow for operating computer education and vocational training center at the place notified herein above for the activities stipulated in this Agreement under the trade mark ”RAJIV GANDHI FOUNDATION OF ADVANCE EDUCATION AND RESEARCH” shall be provided by the




Franchiser to the Franchisee in confidence together with such instructions as may be necessary to enable the employees of the Franchisee to have business activities in accordance with the standards and technical knowhow and the franchisee shall take all steps to ensure that such instructions are kept secret and confidential by its employees.

5.2. The Franchisee shall ensure that in the course of imparting Information Technology education and computer education and vocational training programmes the said education materials, all directions, technical knowhow, formula and standards prescribed by the Franchiser are followed strictly and the Franchisee shall not give or place in the market or offer for sale any materials, books, notes stationery articles and technical knowhow, which in the opinion of the Franchiser do not attain the standards and specifications prescribed by the Franchiser.

5.3. The opinion of the Franchiser, as far as high quality education, standards, education and technical knowhow are concerned shall be final.

5.4. The Franchiser shall provide necessary guidance regarding financing, Layout planning, Interior Designing, Ambience and appointment of faculty, Advertisement strategy, redefined course material and syllabus.

5.5. The Franchisee shall use his best endeavors and highest standards in all matters connected with the business and to carry on the business diligently and in a manner in all material respects to the reasonable satisfaction of the Franchiser and as may be reasonably required by the Franchiser from time to time in accordance with its image and reputation.

6. COVENANTS BY FRANCHISEE :

6.1. The Franchisee covenants that it shall not use the trade mark “RAJIV GANDHI FOUNDATION OF ADVANCE EDUCATION AND RESEARCH” in any manner which jeopardizes the distinctiveness or validity of the trade mark and shall apply and use the trade mark only upon or in relation to the computer education and vocational training programmes and Information Technology Education such fashion and in such form and manner which the Franchiser may direct.

6.2. The Franchisee covenants to insure with major reputed insurance company adequate sums against all normal and reasonable foreseeable reasons relation to the conduct of




business howsoever arising or others acts or commissions by virtue of person for whom the Franchisee is responsible and ensure that he does anything which in any way invalidates.

6.3. The labels, educational materials, pamphlets, stationery articles, books, notes, advertisements and any other materials used to promote the business shall show the trade mark “RAJIV GANDHI FOUNDATION OF ADVANCE EDUCATION AND RESEARCH” in such manner and with such lettering and marking as may directed by the Franchiser and no such thing may be used without written consent of the Franchiser.

6.4. The Franchisee covenants that the trade mark “RAJIV GANDHI FOUNDATION OF ADVANCE EDUCATION AND RESEARCH” is used relation to the aforesaid activities, the Franchisee shall clearly indicate that the trade “RAJIV GANDHI FOUNDATION OF ADVANCE EDUCATION AND RESEARCH” belong to the Franchiser and are used by the Franchisee only by way permitted use and not otherwise.

6.5. At all times during the continuance of this Agreement, the Franchisee shall maintain true, complete and accurate records of all or any of the activities which it shall use under the trade mark “RAJIV GANDHI FOUNDATION OF ADVANCE EDUCATION AND RESEARCH”.

6.6. As and when required by the Franchiser, the Franchisee shall permit a duly authorized representative of the Franchiser to examine all books, records, educational materials, computer education and vocational training facilities and methods of the computer education and vocational training programmes and Computer Education of the Franchisee, particularly for the purpose of ensuring that the terms, conditions and convents given to the Franchisee are complied with and further the Franchisee shall upon written request of the Franchiser deliver to the Franchiser specimens of all educational materials, labels, pamphlets, books, stationery, articles, advertising materials and literature used by the Franchisee.

6.7. The Franchisee convents that its shall provide all trade and or business information such may be required by the Franchiser from time to time with regard to the business of the said coaching center .

6.8. The Franchisee convents that it shall maintain the registers and records including receipt books prescribed by the Franchiser from time to time and the Franchiser shall be entitled to inspect the receipt books of the center and necessary register for running the center.

6.9. The Franchisee convents that al Enrolment Form will be filled by the Franchisee in duplicate and receipt in triplicate. One copy of the Enrolment Form and receipt will be sent




to the Head Office of the Franchisee will also send a monthly performance report to the Franchiser by 10 of next month.

7. WARRANTIES BY THE FRANCHISEE

7.1. The Franchisee hereby warrants and undertakes that it shall not any time take any action which impairs the right title interest of the Franchiser in the trade mark in any country or creates any title or interest in the take which is adverse to the Franchiser.

7.2. The Franchisee hereby warrants and undertakes that it shall not assert or claim any right title or interest in the said trade mark / trade name.

7.3. The Franchisee hereby warrants and undertakes that it shall not use the trademarks or any trade mark or trade name similar thereto upon or in relation to any other business activities.

7.4. The Franchisee hereby warrants and undertakes that it shall not permit the trade mark “RAJIV GANDHI FOUNDATION OF ADVANCE EDUCATION AND RESEARCH” Educational materials, books, notes, advertising materials supplied by the Franchiser to be used by any other person, firm or body corporate.

7.5. The Franchiser hereby warrants and undertakes that it shall not use the trade mark “RAJIV GANDHI FOUNDATION OF ADVANCE EDUCATION AND RESEARCH” with any other mark or as part of any other mark, without the express written consent of the Franchiser.

7.6. The Franchisee hereby warrants and undertakes that it shall not register trade mark or a trade mark similar thereto in any other categories anywhere in world.

7.7. The Franchisee hereby warrants that it shall be liable to purchase and use the courseware supplied by the Franchiser and shall not venture with other courseware or print the same.

7.8. The Franchisee hereby warrants that it shall be liable to participate in all advertisements and publicity matter for the growth of the center and shall bear the entire expenditure in the said activities. Whenever the Franchisee desired to give advertisement independently, an advance approval of the advertisement material from the Franchisers is necessary. The Franchisee can publish any advertisement of his own, approved by the Franchiser and in that case all advertisement material shall prominently mention the address & phone No / Fax No. of Registered Office / Head Office of the Franchiser and for said advertisement, the Franchiser is no liable to pay any amount for the same.




7.9. During the continuance of this Agreement or within such extended terms as may be agreed upon from time to time, the Franchisee shall not surrender the tenancy right in respect of the said in any manner whatsoever not shall do or cause to be done anything whereby the business of the coaching center is affected or prejudiced.

7.10. In case the Franchisee wished to close down the said coaching center or discontinue the business of Computer Education, it shall not be eligible to claim any refund from the Franchiser in relation to the payments made towards obligation of this Agreement.

7.11. Without prejudice to the claim to recover the costs of all materials supplied by the Franchiser, the Franchiser shall have right of lien on such materials comprising of Educational materials, promotional materials, stationery articles, books, writing materials , manual and any other article containing the logo and other reference of franchiser.

8. TITLE :

8.1. Nothing contained in this Agreement shall at any time during the continuance of this Agreement or after the expiry or termination thereof, be deemed to give to the Franchisee any right title or interest in the trade mark “RAJIV GANDHI FOUNDATION OF ADVANCE EDUCATION AND RESEARCH”

8.2. The right, title, interest and property in the trade mark “RAJIV GANDHI FOUNDATION OF ADVANCE EDUCATION AND RESEARCH” vests and shall continue to vest exclusively and absolutely in the Franchiser.

9. CONSIDERATION:

9.1. The Franchisee shall pay to the Franchiser royalty at the collection before 6 th of every month on the basis of the collection realized as up to the last date of preceding calendar month. Nonpayment of the said royalty or the license fee on time would make the Agreement liable to be terminated by the Franchiser without assigning any reason whatsoever. The payment would be made by Demand Draft for the outstation franchisee and by Cheque for the Franchisee in the same city.

9.2. The statement and royalty shall be dispatched by the Franchisee so as to ensure that the statement and royalty is physically received by the Franchiser within 3(Three) Days.

9.3. The Franchisee from time to time shall make advance payment to the franchiser towards supply of education, materials, stationery, articles, books and writing materials, promotional materials etc. supplied by the Franchiser to the Franchisee. On account of non-payment of such




costs towards supply of above mentioned materials , the Franchiser shall be entitled to recover such material supplied to the Franchisee by Franchiser and such material shall continue to be the exclusive property of Franchiser till such payment is not made by the Franchisee.

9.4. The Franchisee shall put its best efforts and use best endeavors to get best possible financial results and to carry on business in a satisfactory profit earning conditions. The Franchisee shall achieve business targets reasonable fixed by Franchiser for concerned coaching center. The Franchiser shall decide minimum performance level for each coaching center falling to achieve that level repeatedly or frequently would be a just cause for termination of this Agreement.

10. INFRIGEMENT:

10.1. The Franchisee shall use its best endeavors to discover and prosecute infringement or passing off of the trade mark and copyrights matters and artistic works under Copyrights acts 1957.

10.2. Upon discovery or knowledge of a suspected infringement or passing off, the Franchisee shall forthwith given written notice of the same to the Franchiser and the Franchisee shall render all possible assistance to the Franchiser.

11. DURATION:

11.1. This Agreement shall come into effect from Date: 21 – May - 2015 and shall remain in force for an initial period of 1 year or any number of years and can be renewed for like periods of year mutual agreement with RS.00.00/- (non refundable) unless the Agreement is otherwise by the Franchiser as hereafter provided during the initial period or during any subsequent renewal period of the Agreement. Renewed charges are 5,000 Rupees.

12. TERMINATION:

12.1. Not with understanding anything herein contained, the Franchiser is entitled to terminate this Agreement for just cause without being liable in any way for payment of damages or compensation.

12.2. The Franchiser shall not terminate this Agreement under clause 12.1 without giving at least 60 days written notice to the Franchisee.

13. TERMINATION FOR CAUSE:




13.1. The Franchiser shall be entitled to terminate this Agreement forthwith if Franchisee makes any arrangement or composition with its creditors or goes into liquidation or is likely to go into liquidation whether voluntary or is declared insolvent.

13.2. The Franchiser shall be entitled to terminate this agreement forthwith if the Franchisee commits a breach of any of the convents or warranties given by the Franchisee herein or is in default of any of the terms, conditions, stipulations or covenants.

13.3. The Franchiser shall be entitled to terminate this Agreement forthwith if the Franchisee does not remit the Royalty of License fee as stipulations or covenants.

13.4. The Franchiser shall be entitled to terminate this Agreement forthwith if there is any change in the proprietorship or status of the Franchisee, However, in case the Franchisee merges with any other company, with the consent of the Franchiser, it is agreed that the Franchiser shall execute an Agreement on the same terms as are provided in this Agreement for the use of the trademark.

13.5. The Franchiser shall not be required to give any written notice to the Franchisee for termination of this Agreement under clauses 13.1 to 13.4.

13.6. The Center must be in operation on or before Date 21 – may - 2015 failing which the Franchisee Agreement will be terminated without any refund or without any obligation on part of Franchiser.

13.7. The Franchisee is found acting against the interest of the Franchiser in any manner that may be detrimental to the Franchiser; the Franchiser may terminate the Agreement at his sole discretion.

14. EFFECT OF TERMINATION:

14.1. Upon termination of this Agreement for any reason, the Franchisee hereby agrees that forthwith the Franchisee shall cease to use the trade mark upon or in connection with the aforesaid business activities and also cease to use any other word, logo, device, which may be considered by the Franchiser to be similar to the trade mark in sound appearance or meaning.

14.2. All rights and remedies available to the Franchiser shall continue against the Franchisee even after termination of this Agreement and all covenants shall be binding upon the franchisee after termination of this Agreement.

14.3. In the event of termination of this Agreement however arises, in order to protect the Franchiser’s entire property rights, reputation.




(a) Franchisee shall forthwith return to the Franchiser all unused labels, educational materials, books, notes, stationery articles, advertisement material, signs in its possession whether or not supplied by Franchiser.

(b) Franchise at any time thereafter shall not:

(I) Disclose or use any confidential information etc, related to the business acquired by him/ her during or as a result of this Agreement.

(ii) Make any use of the manuals.

(iii) Purport to be the Franchisee or otherwise associated with the Franchiser.

(iv)Use any reference as a result of this termination as Franchisee.

15. TRANSFERABILTY:

15.1. The Franchisee License given to the Franchisee is not transmitted to any person without any notice to the Franchisee and franchisee shall be bound to honor the covenants herein granted to the Franchiser in favor of such other person and the Franchisee shall not object to such transfer or transmission or permission.

16. INDEMNIFICATION:

16.1. The Franchisee shall defend, indemnify and hold the Franchiser and hold the Franchise’s officers, Partners, Employees, and agents harmless from any claim, liability, award or expense (including attorney’s fees) arising from the use of the trade mark, any false repression or breach of any warranty or undertaking made by the Franchisee in this Agreement.

17. DOMICILLIUM AND NOTICE:

17.1. The address of the Franchiser for notice purpose is

RAJIV GANDHI FOUNDATION OF ADVANCE EDUCATION AND RESEARC

CORPORATE OFFICE:

3/70, SECTOR – G, STATE BANK OF INDIA BASEMENT, JANKIPURAMLUCKNOW - 226021




Visit Our Website: www.rajeevgandhifoundation.com

17.2. The Address of the Franchisee for Notice Purpose is

Address –

Senema Road, Gandhi Road Laharpur (Adhar Card 402460811144), PIN - 26113517.3. Any notice or other communication shall be served upon the Franchisee or the Franchiser at the aforesaid address only in order that the notice or other communication shall have legal effect.

17.4. Any notice or other communication in terms of this Agreement shall be sent by prepaid registered post.

18. WAIVER OF AN AMENDMENT:

18.1. No waiver, amendment or modification of this Agreement shall be effective unless in writing and signed by the party against whom the waiver, amendment or modification is sought to be enforced. No failure or delay by either party in exercising any right, power or remedy under the Agreement shall operate as a waiver of the right, power or remedy.

18.2. No waiver of any term, condition or breach of this Agreement shall be construed as a waiver of any other term, condition or breach.

19. SETTLEMENT OF DISPUTES:

19.1. All disputes between the parties here to regarding construction, application and or interpretation of any of the terms and condition herein contained or for determination of any liability covered will include those arising during the continuance of this Agreement or after the termination thereof by whatever cause. A single arbitrator shall be appointed by the parties hereto agree to be bound the terms of such arbitration and bear costs of such arbitration in equal shares.

19.2. Courts of Lucknow alone shall have jurisdiction to try and determine all actions, suits and proceedings in respect of any dispute arising out of this Agreement.

20. COSTS:


http://www.rajeevgandhifoundation.com/



20.1. All costs and other incidental expense relating to the making of this Agreement shall be borne by the Franchisee.21. GOODFAITH:

21.1. The Parties have entered into this Agreement in good faith.21.2. This Agreement is the final Agreement between the parties and supersedes any previous understanding on the subject.

IN WITNESS WHEREOF THE PARTIES HERE TO HAVE EXECUTE THESE PRESENTS THE DAY OF

SIGNED SEALED AND DELIVERED BY THE

Within named party of the first part i.e.

RAJIV GANDHI FOUNDATION OF ADVANCE EDUCATION AND RESEARCH. through its

Uttar Pradesh Resional Director

_____________________________

common seal of The organization affixed

Countersigned: ________________________________

SIGNED SEALED AND DELIVERED BY THE

Within named party of Second part i.e.

Through its

Director

Mr. Mohammad Zaki




And common seal of the organization affixed

In the presence of

Shri Rahul Kumar

Countersigned:

________________________________________

his agreement has total 15 printed pages.


Documents

A Revolution Rajeev Gandhi Computer Shaksharta Misson Agreement... · Web viewThe Franchiser is RAJIV GANDHI ... to use the trade mark upon or in connection with the aforesaid business