On-line Agreement between Nammakadai and Sellers
This AGREEMENT for using the Nammakadai Order Booking Platform, entered into through On-line acceptance of the “Seller Agreement” published in the Nammakadai Platform, on the date of such acceptance on the Nammakadi platform,
(1) M/S GrowServe e-Solutions Private Limited, having their registered office at 12/161, (Old no. 7/313), Agastheeswarar Nagar, First Street, Pozhichalur, Chennai, 600074, who have developed and own the order booking platform named “NammaKadai”, hereinafter referred to as NAMMAKADAI, which expression shall wherever the context so permits, mean and include its successors, administrators, legal representatives, executors and assigns, represented by its authorized signatory, Mr. Joe Basker, S/O Mr. A. Mariasingam, aged around 54 years, designated as DIRECTOR, of the ONE PART,
(2) The party who runs a store and sells goods and/or services, and who have registered on-line in the Nammakadai order booking platform as a Seller, and who have agreed to the terms and conditions of the Seller Agreement by clicking on the “I agree to the Seller Agreement” link, hereinafter referred to as SELLER, which expression shall wherever the context so permits, mean and include its successors, heirs, administrators, legal representatives, executors and assigns, represented by its authorized signatory, whose details have been provided in the online Seller Registration form on-line, of the OTHER PART,
NAMMAKADAI has conceptualized, designed, developed and implemented a multi-SELLER, multi-lingual, multi-product order booking platform for facilitating business between SELLERs and consumers
SELLER has established and is running a store with the capability to procure, sell and also equipped to deliver the goods and services to consumers on a door delivery basis.
NAMMAKADAI has offered to enroll the SELLER in its NammaKadai order booking platform and offer the associated services. SELLER is desirous and has agreed to enroll themselves and avail the offered services, subject to the Terms and Conditions set forth here below.
Now, therefore, this agreement witnesseth as follows:
1. SELLER shall comply with the Registration procedures including duly filling up of all the forms and templates on-line or otherwise, providing details of the Stores, facilities and bank account details and duly signing this agreement by clicking on the “I agree to the Seller Agreement: link on-line in the Nammakadai platform.
2. SELLER shall provide the list of goods to be sold along with the MRP and selling price, details and applicable discounts if any
4. NAMMAKADAI shall arrange to register and activate the SELLER in the order booking platform and upload all the product and price details to the platform.
5. SELLER shall arrange on their own for the infrastructure required such as computers, printers or phones as required.
6. SELLER shall put in all efforts to enroll all their existing consumers to register in the NAMMAKADAI order booking platform.
7. NAMMAKADAI shall undertake marketing and promotional activities to increase awareness among the consumers. SELLERS to co-operate, assist and jointly participate actively in the promotional campaigns which may include the display of posters, notices, danglers, etc., in the stores, media ads, mass mailings and e-campaigns through emails, SMS, discount or promotional offers from time to time, etc.
8. SELLER shall pay Registration and Stores Creation Charges as below:
a. Rs. 1000 (Rupees One thousand only)in Urban Areas (or)
b. Rs. 500 (Rupees Five Hundred only) in Rural Areas
9. SELLER shall remit a refundable Security Deposit as follows:
c. Rs. 2500 (Rupees Two Thousand Five Hundred only) in Urban Areas (or)
d. Rs. 1000 (Rupees One thousand only) in Rural Areas
on enrolment as a caution deposit for installing the Nammakadai system. The Security Deposit will be refunded to the SELLER after completion of 18 months from the date of implementation of the scheme. The Security Deposit doesn’t carry any interest for the period of retention.
10. SELLER shall pay Rs. 150 (Rupees One Hundred and Fifty only) a Monthly Maintenance Charges (Monthly Rent) for using the Nammakadai order booking platform. This Monthly Charge is inclusive of the applicable GST.
11. SERVICE CHARGES:
If the SELLER is not registered with GST, then,
Nammakadai displays the products and services offered by the SELLER in the Nammakadai order booking platform. If any Buyer expresses interest to buy those items, suitable Order Referral Notes would be generated and sent to the SELLER. The SELLER receives the order from the customer and supplies the goods/services and collects the payment directly. Namakadai is not involved in this commercial dealing. The SELLER shall self-declare the amount of transactions and shall pay the SERVICE CHARGE to Nammakadai, 2.5% of the Transaction value (or) Rs. 10/- (Rupees Ten only) per transaction whichever is higher. This self-declaration is purely based on trust and Nammakadai accepts the self-declaration of the SELLER. This service charge is inclusive of the applicable GST on the service charge. This is agreed upon as a very special case. NAMMKADAI reserves the right to modify this Service charge in the future.
If the SELLER is registered with GST, then,
the SELLER shall pay 5%of the transaction value as SERVICE CHARGE. This also includes the payment gateway charges for collecting the money from the consumers through the payment gateway. This service charge is inclusive of the applicable GST on the service charge.
a. If the purchase is made with the Cash-On-Delivery (COD) option, then the SELLER shall collect the payment amount from the consumer directly while delivering the goods and the SELLER shall pay the applicable Service charges to NAMMAKADAI by depositing the amount into NAMMAKADAI bank account.
b. If the consumers have availed Internet Payment Gateway facility and have made the payments while ordering itself, then NAMMAKADAI shall deposit the amount to the designated bank account of the SELLER, within 24 hours of the clearance of the Transaction and remittance of money by the Internet Payment gateway. The service charges for the total sales are calculated and are deducted from the payment while depositing the amount into the SELLER’s bank account.
c. In case, more transactions have happened through COD option, or, if the total amount of service charges to be paid by SELLER is more than the amount to be deposited by NAMMAKADAI, then the SELLER shall remit the due amount to NAMMKADAI bank account every week on the following WEDNESDAY without fail. Any default would attract suitable penalty, interest, adjustment with the security deposit, disqualification and eventual termination.
12. Any dispute in billing should be duly reported and resolved within 24 hours of the transaction. Similarly, any returns made by the consumers shall be reported by the SELLER to NAMMAKADAI within 24 hours and duly accounted for.
13. SELLER should ensure proper quality and prompt delivery. The crux of the success of this business model lies in Quality and Delivery. Primarily SELLER is responsible for the delivery. In case, NAMMAKADAI provides delivery facility on the request of the SELLER, then a mutual agreement shall be made on the same detailing applicable rates, terms, and conditions.
14. SELLER shall ensure adequate stock and adequate manpower to ensure prompt and timely delivery.
15. SELLER shall ensure the accuracy and correctness of data on products and prices in the order booking platform and immediately bring any discrepancies to the notice of NAMMAKADAI for corrections/modifications.
16. GST has been included at the prevailing rates, as applicable on the “Monthly Rent” and on the “Service charges”.
17. Applicability and compliance to Sales Tax (Goods and Services Tax) rules, or any statutory rules imposed on the sales of such products if any, are under the SELLER’s scope. NAMMKADAI is a service providing platform and thus provides the service by charging service charges.
18. All invoices for the sale of Goods to BUYERs shall be raised in the name of the SELLER under the applicable GST registration of the SELLER at the GST rates applicable for the SELLER and the Product. So filing of GST returns and complying with all GST regulations shall be the scope of the SELLER.
19. SELLER indemnifies NAMMAKADAI, free for any losses or damages arising out of any reasons including quality, delivery, returns, compliance to statutory and legal requirements, etc.,
20. Either party may choose to terminate this AGREEMENT by giving the request in writing to the other, giving advance notice of a minimum of sixty days. In case the SELLER chooses to terminate the agreement before the minimum lock-in period of 18 months, the Security Deposit will not be refunded. SELLER should clear all his dues before Termination. If NAMMAKADAI decides to terminate the AGREEMENT, then NAMMAKADAI shall make all due payments to the SELLERS after duly making all due deductions, if any. Non-compliance to any of the terms of and conditions of this AGREEMENT, unethical/unprofessional behavior, any action bringing disrepute to NAMMAKADAI shall lead to termination.
21. All written communications shall be addressed to the respective Organizations in the addresses set forth at the beginning of this AGREEMENT. All communications shall be additionally copy marked by email to email@example.com
22. Any disputes arising, if any, shall be settled by the Arbitration authority and Grievance Redressal forum setup by NAMMAKADAI. The decision of such Grievance Redressal authority is Final and Binding on both the parties. The legal jurisdiction for any dispute shall be Chennai.
23. NAMMAKADAI reserves Full right and Ownership on the Intellectual property of the design and features of the NammaKadai order booking Platform and for all the Logos, names, schemes, and ideas. The SELLER shall not use the logo, trademarks or name without the written permission from NAMMAKADAI, which may permit such usage for joint promotional activities at its discretion.
24. This AGREEMENT and the conditions set forth in this AGREEMENT are strictly Confidential between the SELLER and NAMMAKADAI and shall not be revealed to any other parties except the statutory authorities.
25. This AGREEMENT is valid for a period of TWO YEARS and shall be subsequently discussed and renewed based on mutual agreement.
Deemed to be agreed and signed by clicking and accepting “I agree to Seller Agreement” on-line in the Nammakakadai platform. This on-line agreement is agreed and accepted to be the equivalent of physically signing this agreement