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Agreement With Terms andConditions

This Agreement is made between 18 PLUS Beauty Temple is owned and operated by TEZ Enterprises®6 and having its corporate office at – H.No. 5860, Gali No. 116/27, 3rd floor, Sant Nagar, Burari, Delhi -110084 India (hereinafter referred to as TEZ ENTERPRISES which expression shall mean and include its representatives, successors in office, affiliates and assigns) on the ONE PART; AND
A service provider who IS/ARE Service Provider/ Service Provider OF operator, which provides SERVICES, WHICH fall under the GST SAC Code 999799 /999631 /998365 /999729 /999717 /998514 /99851. The service provider of the above said serviseshas represented that the service provider fulfills the eligibility criteria related services and is in compliance with all applicable laws for the provision of REALTED services through the Portal/offline.(hereinafter referred to as the “Service Provider”) of the OTHER PART.)
Tez Enterprise and the Service Provider shall hereinafter individually be referred to as “Party” and collectively as “Parties”.
WHEREAS Tez ENTERPRISED (18 PLUS BEAUTY TEMPLE) ALSO owns and operates an online market place called www.18plusbeautytemple.com. 18PLUS BEAUTY TMPLE an online booking platform, and any upgrades from time to time and any other software that enables the use of the application or such other URL as may be specifically provided by 18PLUSBEAUTY TEMPLE (“Portal”) that lists and aggregates the service providers registered with it AND IT’S AVAILABILITY.
AND WHEREAS on the basis of the representations provided by the Service Provider, 18PLUSBEAUTY TEMPLE has agreed to list the Service Provider and their Service Provider(s) on the Portal to enable the Service Provider to provide services (“fall under the GST SAC Code 999799 /999631 /998365 /999729 /999717 /998514 /99851”) through ‘Service Provider’s AAPLIACATIONS AND OFFICE/MEETING PLACE’ in accordance with the terms and conditions as hereinafter provided.
NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS:-
I . Scope and Obligations:-
1. The execution of this Agreement and providing the details in Exhibit A (herein after referred to as “Registration Data”) shall effect in the registration of the Service Provider and the Service Provider(s) with Tez enterprises and shall make the Service Provider eligible for an online account for providing Services.
2. The Service Provider and Service Provider(s) registration with 18 Plus Beauty Temple/Tez Enterprises shall at all times be subject to compliance with the requirements set out in Exhibit D and Exhibit B respectively. The Service Provider and Service Provider(s) registration with 18 Plus Beauty Temple/Tez Enterprises shall further be subject to such other details and documents in respect of the Service Provider and the Service Provider(s) as is more fully described in Exhibit A. The Service Provider hereby understands and consents to the collection, storage and sharing of Aadhaar card and any information extracted there from with Third Party Vendors and/or Government Authorities, for the process of background verification
3. The Service Provider acknowledges and agrees that all rights, obligations and liabilities of the Service Provider and M/s. Tez Enterprises shall be governed in accordance with this Agreement and the Service Provider terms and conditions available at the offices of M/s Tez Enterprises (“Service Provider T&C”) and, a copy of which is annexed as Exhibit B to this Agreement. The Service Provider hereby represents that the Service Provider has read and understood this Agreement and the Service Provider T&C fully and the terms contained therein are agreeable to the Service Provider.
II . DEVICE:- The Service Provider shall use only 18 Plus Device/Tez Enterprises in the premises of 18 Plus Beauty Temple/ M/s Tez Enterprised in the premises of the same. Not any devices shall be used for any illegal or unlawful purposes and also use the Non-18 Plus Device/Tez Enterprises Device solely in accordance with the terms of this Agreement. The Service Provider shall solely be responsible and liable for any vi18 Plus Beauty Temple’s /Tez Enterprises tions of law committed by the Service Provider and/or its’ Service Providers, misuse of the Non-18 Plus Device/Tez Enterprises Device .
III. Representations and Warranties:-
The Service Provider represents and warrants that entering into and performance of the transactions contemplated by this Agreement and Service Provider T&C does not and will not conflict with any law or regulation applicable to the Service Provided or any guidelines, rules, regulations including any judicial, official, governmental and/ or statutory and/or regulatory orders and/or judgments whether interim, final or otherwise or with any other contract to which the Service Provider is a party.
The Service Provider hereby expressly agrees that the Service Provider shall not use the meeting place/working area etc. for any illegal purposes.
The Service Provider warrants that the 18 Plus Beauty Temple Device/Tez Enterprises Device(s) given to him by 18 Plus Device/Tez Enterprises will be maintained in his possession in a proper manner. The Service Provider shall ensure that Service Provider’s continued performance under this Agreement is not compromised with.
The Service Provider hereby expressly agrees that the Service Provider shall not use the Device for any illegal purposes.
The Service Provider warrants that the Devices 18 Plus Beauty Temple /Tez Enterprises Device(s) will be used only for the purpose set out under this Agreement.
The Service Provider represents and warrants that the Service Provider has not been convicted by any court in India for any cognizable offence or an offence punishable with imprisonment for more than 3 years, under the laws of India.
IV. Disclaimer:-
You agree that 18 Plus Beauty Temple /Tez Enterprises role is limited to:-
(a) managing and operating the Portal/meeting place/ Beauty Parler and the Service Provider portal/office and being a market place solely for the display of the Services inthe manner decided by 18 Plus Beauty Temple /Tez Enterprises,
(b) also being an online booking platform facilitating the provision of Services by the Service Provider to the users of the Portal. Accordingly, 18 Plus Beauty Temple /Tez Enterprises is merely an intermediary providing online/ofline marketplace services is only a platform where Service Provider shall offer Services to the users on execution of the Agreement and registration and acceptance by users of the customer terms and conditions on the Portal/offline.
18 Plus Beauty Temple /Tez Enterprises disclaims and shall disclaim all representations and warranties to the Service Provider, of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes in respect of the 18 Plus Beauty Temple /Tez Enterprises Device(s), Service Provider’s Portal or the services provided through office i.e offline and accordingly, disclaims all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of the use and access of 18 Plus Beauty Temple /Tez Enterprises Device(s). .
To the extent permissible under applicable laws, 18 Plus Beauty Temple /Tez Enterprises disclaims and shall disclaim all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of the breach by the related Service Provider (a) of the applicable laws in respect of the related Services; (b) of the terms of the applicable licenses and permits that are issued by the related authorities; (c) of the terms of the related Service Provider T&Cs; or (d) of the duty of care the related Service Provider owes to the users of the Portals/offline/office place.
V. Payment Terms:-
In consideration of 18 Plus Beauty Temple /Tez Enterprises providing the Service Provider’s and the Service Provider(s) information on the Portal, and for enabling the Service Provider to provide related Services through Service Provider on the Portal/offline, various payments, more particularly set out in the Commercial Terms Segment annexed hereto as Exhibit C, between the related Service Provider and 18 Plus Beauty Temple /Tez Enterprises (“Fees”) shall be settled in the manner set out and paid in the manner set out in the Commercial Terms Segment annexed hereto as Exhibit C.
VI. Confidentiality:- The Service Provider acknowledges that pursuant to this Agreement, the related Service Provider will have access to confidential information of 18 Plus Beauty Temple /Tez Enterprises and its affiliates, which has been provided by 18 Plus Beauty Temple /Tez Enterprises. The Service Provider undertakes to keep confidential all data and other confidential information of 18 Plus Beauty Temple /Tez Enterprises and shall not sell or otherwise make that information available to any third party. Confidential information shall mean and include all information, whether verbal or written, disclosed to the related Service Provider by 18 Plus Beauty Temple /Tez Enterprises or Portal users, as the case may be, but not be limited to Portal users details (i.e., Personal Information and sensitive personal information as defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011), phone numbers, market information, all work products and documents related thereto, the contents of the Service Provider App / Portal/offline or any other information, whether provided orally or in writing, received or to be received by the Service Provider. Further, the Confidential Information at no times can be disclosed to any party in the same or similar business as that of 18 Plus Beauty Temple /Tez Enterprises (“Competitor”). In the event, 18 Plus Beauty Temple /Tez Enterprises becomes aware that the Confidential Information has been disclosed to a Competitor or has been used for the benefit/interest of the Competitor, 18 Plus Beauty Temple /Tez Enterprises can claim such direct and indirect damages as it may suffer due to such losses.
VII. License and Proprietary Rights:-
Ownership. The Portal, Service Provider and Confidential Information, including but not limited to all intellectual property rights such as company name, logos, product and service names, trademarks, services marks or other indicia of ownership (“18 Plus Beauty Temple /Tez Enterprises Intellectual Property”) shall remain (as between the related Service Provider and 18 Plus Beauty Temple /Tez Enterprises) the property of 18 Plus Beauty Temple /Tez Enterprises. Neither this Agreement, the Service Provider T&C nor Service Provider’s use of the Portal/offline conveys or grants to the Service Provider any rights:
(a) in or related to the Portal and Service Provider office/business place, except for the limited license granted above; or
(b) to use or reference in any manner 18 Plus Beauty Temple’s /Tez Enterprises’ Intellectual Property.
The Service Provider agrees that it shall not reproduce, transcribe or make any copies of the 18 Plus Beauty Temple’s /Tez Enterprises Intellectual Property, in any form or manner and not copy or reverse engineer, or attempt to derive the composition or underlying information, structure or ideas of any such18 Plus Beauty Temple’s /Tez Enterprises Intellectual Property
VIII. Indemnification:-
1. The Service Provider agrees and undertake to indemnify and to hold harmless18 PLUS BEAUTY TEMPLE’S /TEZ ENTERPRISES and other parties determined by 18 PLUS BEAUTY TEMPLE’S /TEZ ENTERPRISES , 18 PLUS BEAUTY TEMPLE’S /TEZ ENTERPRISES affiliates, successors, agents, assigns, and each of their directors, officers, Service Providers, associates, agents, and representatives from and against any losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys’ fees) incurred by reason of (i) any breach or alleged breach by the Service Provider of the Service Provider’s obligations, responsibilities, representations, or warranties under the Subscription Agreement and/or Service Provider T&C; (ii) breach of any service level commitments provided in Exhibit B; (ii) any infringement or unauthorized use of intellectual property rights of 18 PLUS BEAUTY TEMPLE’S /TEZ ENTERPRISES including but not limitedto infringement of intellectual property rights of 18 PLUS BEAUTY TEMPLE’S /TEZ ENTERPRISES in the Service Provider offline or Portal (iii)any breach of the confidentiality obligations of the Service Provider under this Agreement or Service Provider T&C (iv) any violation of the applicable law, applicable license and permit terms of the related authorities; (v) any violation of 18 PLUS BEAUTY TEMPLE’S /TEZ ENTERPRISES policies by the Service Provider; (vi) any harm to the reputation and goodwill of 18 PLUS BEAUTY TEMPLE’S /TEZ ENTERPRISES directly attributable to the Service Provider; (vii) damage, unauthorized use or loss of the Service Provider portal in the Device; (vii) death, fraud, theft, misconduct, negligence or deficiency of Services by the Service Provider; any negligent act or omission committed in the course of Services hereunder, or any misrepresentation made during the course of Services hereunder; (viii) personal injury to or property damage of user of Portal/offline including but not limited any accident claims, if any, asserted against 18 PLUS BEAUTY TEMPLE’S /TEZ ENTERPRISES and its associates by reason of the use and operation of Service Provider’s ; (ix)civil or criminal offense under law or in the opinion of 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES ; (x) failure of the Service Provider to make tax payments in accordance with applicable laws
The Service Provider shall be liable to indemnify and hold 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES harmless against all damages, losses, costs and expenses incurred by 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES as a consequence of any complaint from any user of the Portals received by 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES with respect to deficient Services.
Notwithstanding anything contained in this Agreement, however, subject to applicable laws, the total aggregate liability of 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES under this Agreement or Service Provider T&C whether in contract (including in respect of the indemnity), tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising out of or in connection with the performance or contemplated performance of this Agreement shall be limited to INR 1000/- (Rupees One Thousand).
IX. Term and Termination:-
This Agreement shall be valid for a period of 1 (one) year and shall be renewed automatically, unless otherwise agreed between the Parties.
The Parties to this Agreement shall be entitled to terminate this Agreement with a prior written notice of 15 (fifteen) business days to the other Party without assigning any reason for the termination.
18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES shall be entitled to terminate this Agreement immediately for breach of any terms in this Agreement by the Service Provider.
Upon termination of this Agreement, the registration of the Service Provider with 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES shall stand cancelled and the Account shall be terminated.
X. Notice:-
Any notices, requests and other communications required or permitted hereunder shall be in writing and may be sent by any of the following means to the receiving Party at the relevant addresses set forth in this Agreement:
i. By electronic mail.
For the purposes of this sub-clause the Parties’ electronic mail addresses shall be the following, unless otherwise intimated by the Parties to each other,18 PLUS BEAUTY TEMPLE/TEZENTERPRISES: [email protected]
Service Provider: As provided during attachment.
ii. By SMS sent to mobile number at:
Not Applicable
iii. By hand, against a written acknowledgement of receipt by the receiving Party.
iv. By registered mail.
XI. Relationship between Parties:-
i. During the Term of this Agreement, the Service Provider shall operate as and have the status of an independent contractor and shall not act as, be or construed to be an agent or Service Provider of 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES. The relationship between the Parties is on a principal-to-principal basis, and none of the provisions of this Agreement shall be interpreted as creating the relationship of employer and Service Provider between the Service Provider and 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES at any time, under any circumstances or for any purpose. Therefore, the Service Provider will not be entitled to any Service Provider benefits, statutory or otherwise, offered by 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES to its Service Providers including butnot limited to wages, vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, or Service Provider benefits of any kind. The Service Provider shall be responsible for the payment of all applicable taxes to which he may be subject as an independent contractor.
ii. The Service Provider agrees not to assume or create any obligation or responsibility, express or implied, on behalf of or in the name of 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES. The Service Provider does not have the authority to create, modify or terminate a contractual relationship(s)between 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES and any third party or act for or bind 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES in any respect. Any act of the Service Provider on behalf of 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES which may be regarded as over and above the duties and responsibilities as provided in this Agreement, shall be deemed to be unauthorized, unlawful and the Service Provider shall be personally liable for the same.
XII. Governing Law and Dispute Resolution:-
1 . If any dispute arises between the Service Provider and 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES, in connection with, or arising out of, this Agreement, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed by 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES. Arbitration shall be held in Delhi. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
2. This Agreement shall be governed by and construed in accordance with the laws of India. Subject to clause X (1), the courts in Delhi shall have the exclusive jurisdiction in connection with this Agreement.
3. In addition to above remedies, 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES shall be entitled to an interim injunction, restraining order or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain Service Provider from committing any violation of the covenants and obligations set out in this Agreement. These injunctive remedies are cumulative and are in addition to any other rights and remedies 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES may have at law or in equity.
XIII. Amendment:-
18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES may amend the provisions of this Agreement and Exhibits annexed to this Agreement at its own discretion and notify in accordance with the means provided in clause IX such amendments to the Service Provider.
EXHIBIT-A
DETAILS OF THE SERVICE PROVIDER:-

Details of the Service Provider:
A. Information to be provided:
Name:
Permanent Address:
Current Address:
Phone no.:
Email id:
Bank Account details of the Service Provider (Bank name, account number and IFSC Code);
Contact details of 1 (ONE) GUARDIAN
B. Documents to be provided:-
A photograph of the Service Provider;
Self attested copy of ANY PAN Card/ utility bill/ ration card/ passport,/Aadhar etc of Service Provider/Service Provider(s)
Copy of residential proof such as utility bill, ration card, passport etc. of the Service Provider’s and employed by Service Provider to provide services on
Such other documents/ information as may be required by 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES
EXHIBIT-B
SERVICE PROVIDER TERMS AND CONDITIONS
Service Provider(s) TERMS AND CONDITIONS
These Terms and Conditions (as defined) shall be applicable as set out below-
1. If the Service Provider (as defined in the Subscription Agreement) is an Operator providing Services to the Customers through the Service Provider(s) employed by the Operator, these Terms and Conditions shall be interpreted in the manner so as to apply to the Operator as well as to the Service Provider(s) employed by the Operator; and
2. If the Service Provider is an individual providing Services to the Customers directly, these Terms and Conditions shall be interpreted in the manner so as to apply to an individual Service Provider Operator.
-DEFINITIONS:-
All of the defined and capitalized terms in these T&C will have the meaning assigned to them herein below. Any term not defined here shall have the meaning assigned to it in the Subscription Agreement.
“Acceptance” means your affirmative action of clicking on the box against the words “ACCEPT & CONTINUE” provided at the end of these T&C, by which action, you unequivocally accept the T&C and any modifications thereof.
“Applicable Laws” shall mean and include all applicable statutes, enactments, acts of the legislature or the Parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any Governmental authority, tribunal, board, or a court, in India.
“Booking” shall mean the allotted Service Request.
“Business Day” means a day on which banks are open for business in the City of Operation. “Cancellation Fee” shall mean the fare payable by the Customer towards cancellation of a Booking made by a Customer.
“City of Operation” shall mean the city in which the Subscription Agreement is executed by and between the Service Provider and 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES.
“Commercial Term Segment” shall mean Exhibit C of the Subscription Agreement, which contains the commercial terms for Service provided by the Service Provider.
“Convenience Fee” shall mean the fee payable by the Customer for availing the technology services offered by 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES Convenience Fee will be charged for each Service Request placed by the Customer on the Portal or in office or offline.
“Customer” shall mean such person, who places a Service Request on the Portal/offline/phone and has accepted the Customer Terms of Use and Privacy Policy of the Portals/offline/phone (as applicable).
“Customer’s Terms of Use” shall mean the Customer Terms and Conditions as provided on the 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES Portal/Offline for availing the Service.
“Device” shall mean 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES Device or Non-18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES Device, as the case may be, used for performance of the Services.
“Service Provider(s)” or “You” or “Your” or “Yourself” shall mean an individual, who has an Account with 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES and in the event of Operator Service Provider(s), shall include the Operator Service Provider for purposes of compliance with these Terms and Conditions.
“Service Provider Proceeds” shall mean the net amount receivable by the Service Provider/ Service Provider(s) after deduction of 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES’s commission and such other amounts as may be provided in the Commercial Terms Segment or notified otherwise.
“Service Provider(s) Proceeds” shall mean the net amount receivable by the Service Provider after deduction of 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES’s commission and such other amounts as may be provided in the Commercial Terms Segment ornotified otherwise.
“Fee/Price” shall mean the amount payable to the Service Provider as is also reflected on the sum after completion of the Service. The Service Provider permits 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES to review and revise the Fee/Price as per the market conditions.
“Force Majeure” shall have the meaning as follows :-
“Force Majeure: Any delay in or failure to perform any obligations by either party under the Service Provider T&C shall not constitute default hereunder if and to the extent caused by force majeure, which is defined to be occurrences beyond the reasonable control of such Party committing default, including and limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, insurrection (“Force Majeure”). Provided, however, You shall give prompt written notice within a period of 7 (seven) days from the date of the force majeure occurrence to 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES. You shall use all reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes of force majeure are removed. In the event the Force Majeure event continues for a period of 7 (seven) days from the date on which 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES receives the notice from You as above, 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES shall have the right to terminate these Service Provider T&C.”
“Information” shall mean the details furnished by the Service Provider at the time of signing the Subscription Agreement and/or otherwise during and after the Service Provider registration on the Portal and successful creation of an Account.
“Operator” shall mean a service provider who has listed himself / itself and his / its Organization on the Portal to provide Services to the Customers through the Service Providers employed by the Operator.
“Operator Service Providers” shall mean the Service Providers employed by the Operator for providing Services to the Customers.
Parties” shall mean, collectively, Service Provider and 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES and “Party” shall refer to any one of them.
“Portal” shall mean such features of the 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES mobile application or other programs, software, mobile applications including but not limited to any online application, owned by, licensed to and controlled by 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES, and other URLs as may be specified by 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES from time to time.
“Posted Content” shall have the meaning:-
You shall be solely responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Portal (“Posted Content”), provided that such Posted Content is not restricted or prohibited under Applicable Laws or such Posted Content is not infringing any third party’s proprietary rights. Subject to the foregoing, such Posted Content will become 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES’s property and You grant 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES the worldwide, perpetual and transferable rights in such Posted Content. 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES shall be entitled to, use the Posted Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Posted Content. You agree that any Posted Content may be used by 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES in the manner that 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES deems fit, consistent with Applicable Laws and You are not entitled to any payment or other compensation for such use of Posted Content by 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES. 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES will use such information in accordance with the Service Provider T&C including any 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES Policies. You hereby represent and warrant that You have necessary rights to all the Posted Content and information You provide and are authorized to provide such Posted Content and information for the Portal. Notwithstanding anything contained in this Section, You shall be solely responsible for any liability arising out of the Posted Content on the Portal.
“Total Fee” shall include the Fee/Price, the Convenience Fee, Additional Fee (if any) and the Cancellation Fee (if any), reflected on the Device and such other fee, as may be applicable.
“Service Request” means a request placed by the Customer on the Portal/office i.e. offline to avail the Service offered by the Service Provider/Service Provider(s).
“Subscription Agreement” shall mean the agreement entered into between 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES and the Service Provider /Operator pursuant to which the Service Provider / Operator has agreed to provide Services in accordance with these Service Provider T&C, as amended from time to time.
“Subscription Amount” shall mean the amount paid by the Service Provider at the time of subscription to Portal of 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES, if any.
“18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES Policies” means the “Privacy Policy”, Zero Tolerance Policy & such other policies(including any amendments thereof), which 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES may issue and make applicable to Service Provider from time to time and make available to the Service Provider on the Service Provider’s request.
“Term” means the period commencing from the date of acceptance of the Service Provider T&C by the Service Provider up to the date of termination of the Subscription Agreement and/or these Service Provider T&C.
“Zero Tolerance Policy” shall mean the policy of 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES, as may be amended from time to time.
Service Provider/Service Provider will strictly follow ZERO TOLERANCE policy which shall be subject to change and any changes shall be intimated to the Service Provider from time to time via SMS or e-mail or offline.
EXHIBIT-C

COMMERCIAL TERMS SEGMENT
Details of the following commercial terms will be informed by 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES from time to time:
Description of Commercial Terms

1. Platform Subscription Fees for the use of 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES technology platform (Rs.)
3. Incentives
4. Commission Payable to 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES (Percentage)
5. Commission Payable to 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES (Percentage) for 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES (if applicable)
6. Security Deposit for 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES ( Device)
Details:
To be informed by 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES from time to time.
Key Terms:
(i) All payments due to the Service Provider shall be made through NEFT/RTGS/CASH etc., as mutually agreed from time to time.
(ii) Incentive (if any) may be given to the Service Provider by 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES from time totime. The Incentives shall be determined after taking into consideration all dues, fines, charges, interest, claims, costs, expenses etc.. For the sake of clarity, both the parties acknowledge and agree that the foregoing amounts are only for limited purposes of arriving at the value of Incentives.
(iii) You authorize 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES to make deductions from the Service Provider Proceeds which includes the following:
(a) Tax Deduction at Source (TDS) as per the Income Tax Act, 1961, where applicable;
(b) service tax and other applicable taxes; and
(c) and any other amounts due and payable by the Service Provider to 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES as per applicable law.
(iv) The terms in this Commercial Terms Segment is subject to change and will be communicated to the Service Provider via SMS/call to registered mobile number.
(v) The Service Provider hereby agrees that discounts given to the users of the Portal/office, if any, will be decided by 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES on a case-to-case basis which shall be informed to the Service Provider by 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES, and the Fee finally appearing on the Device configured by18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES for settlement between the Service Provider and 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES shall be final and binding on the Service Provider. The Service Provider shall agree to the same without demur or protest.
(vi) 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES reserves the right to change the rates and payment terms between the Service Provider and 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES mentioned in the Commercial Term Segment at any given point in time, which shall be notified to the Service Provider.
(vii) Notwithstanding anything contained in this Agreement, where 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES has reason to believe that any charges/debits in respect of the Fee have been fraudulently incurred (“Suspect Charge”),18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES will always be entitled to deduct an amount equivalent to Suspect Charge from the Subscription Amount or in the event of insufficient Subscription Amount, 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES will be entitled to require the Service Provider to remit the Suspect Charge in cash with 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES.
(viii) Credit Limit: The Service Provider shall be allowed an amount of Rs. 2,000 as the Credit Limit for each registered to operator on 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES platform. “Credit Limit” means allowable outstanding receivables of 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES from the Service Provider. The Service Provider shall ensure that the Credit Limit shall not exceed Rs. 2,000 at any point in time.
However, 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES shall at its sole discretion change the allowable Credit Limit for the Service Providers from time to time and shall notify the same to the Service Provider.
(ix) 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES shall notify the Service Provider as soon as the Credit Limit is reached. Once, the Credit Limit exceeds the above specified limit, the Account will become in active without any further notification. The Service Provider pays the outstanding amount exceeding the specified credit limit. The Service Provider can pay the outstanding amount via cash, cheque or NEFT.
(x) Settlement: Pursuant to any settlement (“Settlement”) that the Service Provider is required to make with 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES, under the terms of this Agreement and/or these the Service Provider T&C, whether for a breach of this Agreement and/or the Service Provider T&C or otherwise, 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES shall send a report of the Settlement by short message service(SMS) / email / post, giving full details of the amounts and reasons thereof, forming part of the Settlement, to the Service Provider. The Service Provider shall make payment of the amounts mentioned in the Settlement to 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES within 7 (seven) days from the date of receipt of such Settlement details. If the Service Provider fails or refuses to make payment in respect of such Settlement within such seven 7 (seven) days, 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES shall have the right thereafter without any reference to the Service Provider, to deduct the amounts mentioned in the Settlement details from the Subscription Amount. If the Subscription Amount is insufficient to meet the Settlement amount, then the balance shall be recoverable forthwith from the Service Provider by 18 PLUS BEAUTY TEMPLE /TEZ ENTERPRISES
EXHIBIT-D
ELIGIBILITY CRITERIA
i. The Service Provider/Service Provider(s) must be competent to contract within the meaning of the Indian Contract Act, 1872.
ii. The Service Provider should have a ‘Reserve Bank of India KYC compliant bank account.
iii. The Service Provider must not be convicted of any offence for the preceding 10years.
iv. The Service Provider must be a man/woman of good repute and character and must never have been convicted of an offence involving moral turpitude and that no warrant, summons, FIR or any other process must have been initiated against or issued in related Service Provider’s name by any court of law, Governmental authority or law enforcement agency. Further, no proceeding must be pending against the Service Provider regarding and neither have Service Provider been convicted of (a) for the influence of drugs or alcohol or (b) any cognizable offence under the Code of Criminal Procedure, 1973,including fraud, sexual offences, or of any crime involving property damage, theft, acts of violence, or acts of terror.

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