- FRANCHISE USER AGREEMENT This Franchisee user agreement (the “Agreement”), including terms and conditions relating to your use of the Franchisee Services offered by of our courier aggregator portal www.zippingxpress.com which is authorized and regulated by GANTHAN CORPORATION LLP as a LLP company incorporated under the company’s act 2013, and having its corporate office at G-53, Sayona plaza, punagam, Varachha, Surat – 395010, Represented by Director Mr. Ketan Babubhai Rafaliya S/o Babubhai Samjubhai Rafaliya When we refer to Mr. tapash haldar we mean a registered franchisee user of the Online Courier aggregator platform or a visitor to www.zippingxpress.com. Whereas you have expressed a desire of entering in to a franchise agreement to meet their respective objectives, which are set out here in below, 1. GANTHAN CORPORATION LLP on its part has entered into the business of Online Courier and shipping portal, and is acting as courier Aggregator Company. The Company offers innovative one stop of all courier services right from the automatic allocation of courier to dispatch to last mile delivery of packages Presently the Company provides all its services through online portal named ‘Zippingxpress Logistics’ (https://zippingxpress.com/) and is interested in furthering this business through “Franchise” (Conductor) operated outlets on national basis maintaining a uniform standard facilities and services including uniformity in the charges levied from the customers for rendering the specified services. 1. “you” on your part is interested in entering into the business of operating as a service provider through their outlet and thus carrying out the business of providing services to the customers.
1. GANTHAN CORPORATION LLP is desirous of appointing “you” to conduct, manage and operate the services through “your” set up as per the uniform norms set up by GANTHAN CORPORATION LLP in respect of nature of services and cost of services to the customer. 1. “You” are desirous of taking over the services offered by GANTHAN CORPORATION LLP, for the purpose of its operations and management to carry out business on the terms and conductions contained herein. 1. The purpose of this Agreement is to set forth the terms and conditions under which the parties to the Agreement shall conduct themselves during the substances of Agreement. NOW, THEREFORE, the parties, in considerations of the convents, undertakings and commitments set forth therein here by mutually agree as follows, Section 1: Definitions and Interpretations For the purpose of this agreement, the following expressions shall bear the respective meaning set forth below, Details of terminology for the services to be provided Section 2: Grant of the Franchise 1. “You” warrants and represents to your business set up which may be a proprietorship, partnership firm, a company or any mode of your business managed and owned by “you”, validly existing and a good standing under the laws of republic of India and has all requisite
power and authority to enter into this agreement with M/s GANTHAN CORPORATION LLP All the obligations of the “Franchise” under this agreement are legal, valid and binding obligations enforceable in accordance with its terms. There are no proceedings pending against the franchise, which may have an advice effect on the ability of the franchise to perform and meet its obligations under this agreement. 2. On consideration of “your” applications and relying on such assurances and representations that “you” have made to The GANTHAN CORPORATION LLP, Franchisor appoints the franchise as a franchise on the terms and conditions set forth in this agreement and in the website. 3. There is no product and/or service and/or territorial exclusivity granted to the “you” as part of this Agreement by The GANTHAN CORPORATION LLP may give such right or a similar right to persons other than “you” to sell products and services anywhere including geographic area surrounding the premises. Section 3: Services, Terms & conditions 1. Franchisor would provide their entire range of services by own or through the service providers which includes Online Courier and shipping services to the “Franchise”. 2. “Franchise” will act as a single point e-hub for all the services provided by GANTHAN CORPORATION LLP falling within the purview of this agreement. 3. The entire business being on Post-payment basis, GANTHAN CORPORATION LLP will supply all the services based upon requests from “Franchise”. GANTHAN CORPORATION LLP will issue invoice in 10 days period cycle and the franchise will pay the same within 2 working days from the date of receipt of invoice from the one part. 4. GANTHAN CORPORATION LLP will publish commission structure and earning of the ”Franchise” from time to time. The details of all transactions done by “Franchise” will be available on the web, login ID and password of which will be provided to “Franchise” by GANTHAN CORPORATION LLP. “Franchise” will keep enough funds with them self so as to cater all transactions to provide services to the customers. 5. Ganthan Corporation LLP take 10000 as a registration, account opening and documentation charges from the dealers which is non refundable, Our company takes 20000 as a security deposit 6. If company gives more than business to a dealer which he has paid as a security deposit so company will not be given back of his security deposit in such case. 7. First Year Agreement Charges From our side with Dealers Currently paid by Our company 8. With in 90 Days Company will refund deposit amount to Dealer 9. This agreement is valid for one year from Registration date 10. Every month of dealers business turnover company will provide up to 7% as a commission(Including GST) 11. Upon Renewal of franchise for next year the commission amount may grow up that total depends on Current Market Situation. 12. You have to contact our support team for any change related to courier charge. 13. All the services falling within the purview of this agreement will be made to “Franchise” based upon standard conditions of sales as set by GANTHAN CORPORATION LLP for all its “Franchise” outlets from time to time. Such conditions will generally be in line with conditions that are placed upon GANTHAN CORPORATION LLP by various courier service providers and also as a result of business decisions, legal and contractual requirements of courier service providers. 14. ”Franchise” will keep providing the services within the purview of this agreement through their outlets exclusive with GANTHAN CORPORATION LLP. ”Franchise” will not enter into direct agreements with any other services providers, aggregators, distributors or any similar entity in India for this purpose, for the duration of this agreement. 15. The Intellectual Property rights including the concept of delivery of services will rest with GANTHAN CORPORATION LLP or its suppliers or service providers. 16. GANTHAN CORPORATION LLP and ”Franchise” shall conduct their business at all times, in accordance with the applicable statutes, regulations, notification etc., Issued by the Government or any other statutory authority. Section 4: Confidentiality 1. “Franchise” shall keep all information of confidential nature received from the GANTHAN CORPORATION LLP in whatever form as strictly confidential and shall not disclose it to third Parties without the prior written consent of GANTHAN CORPORATION LLP during the term of this Agreement. 2. Franchise” agrees not to disclose revenue Information, or any other business related information without prior written consent of GANTHAN CORPORATION LLP. 3. Upon breach of confidentiality clause the franchise agreement will be terminated and the incurred losses and penalty will be imposed on the franchise. The franchise will also be held for legal actions. Section 5: Limitation of liability The Parties shall not be liable for any incidental, special, indirect or consequential damages arising out of or relating to this Agreement. Section 6: Terms 1. This Agreement comes into force on the date of signing this Agreement and shall continue for one (1) year after this date. This agreement may be extended on the mutual agreement of both parties, unless earlier terminated in accordance with the agreement on new terms set by GANTHAN CORPORATION LLP. 2. The Franchise rights are non transferable / non salable. 3. The franchisee No need to do expenditure on digital marketing, grow work and print media to enhance the business. 4. End customers support will be sole responsibility of the franchisee. 5. The authority for sale of domain and code for online courier website will only be with GANTHAN CORPORATION LLP. Section 7: Termination 1. This agreement may be terminated by either party at any time, without assigning any reason by giving prior written notice of SIXTY (60) days. 2. Upon termination of this franchise agreement, “you” cannot be in business of courier service or online courier aggregator for upcoming 3 month. 3. GANTHAN CORPORATION LLP shall be entitled to terminate this agreement, with immediate effect upon happening of one or more of following: a. Any breach or violation of any of the terms and conditions of this agreement by the “Franchise”, if within seven (7) days of written notice from GANTHAN CORPORATION LLP of the breach or violation, such breach or violation is not cured, provided that no cure period shall be applicable for the violation of any applicable law. b. Failure of the “Franchise” to provide the services to the customers as per the expectations of GANTHAN CORPORATION LLP Section 8: Applicable Law 1. This aggrement is governed by and constructed in accordance with the laws of india. 2. In case of the terms and conditions not discussed in this agreement, the final decision will be of GANTHAN CORPORATION LLP 3. We have all right to change any terms and codition in this agreement with any franchisee partners Section 9: Dispute Resolution and Jurisdiction 1. Any dispute, controversy or claims arising out of or relating to this Agreement or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the provisions of the [Indian] Arbitration and Conciliation Act, 1996. 2. The arbitral tribunal shall be composed of three arbitrators, one arbitrator appointed by GANTHAN CORPORATION LLP, a second arbitrator appointed by “Franchise” and a third arbitrator to be appointed by such arbitrators. 3. The place of arbitration shall be at SURAT and any award whether interim or final, shall be made, and shall be deemed for all purposes between the Parties to be made in SURAT 4. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English. The procedural law of the arbitration shall be Indian law. 5. The award of the arbitral tribunal shall be final, conclusive and binding upon the Parties, and the provisions of the [Indian] Arbitration and Conciliation Act, 1996 shall apply. 6. The rights and obligations of the Parties under, or pursuant to, this Clause, including the arbitration agreement in this Clause, shall be governed by and be subject to Indian law, and the agreement shall be subject to the exclusive jurisdiction of the courts at Surat. 7. You are signing agreement by this accepting this ”franchisee user agreement”. you are bound by the terms of this agreement once you accept all the terms and conditions. 8. Physical signature of this franchisee user agreement is not required but if you wish to have it signed you may print it and sign two copies of the user agreement and send them back to us. We shall keep one copy for our records and send you back the other one signed by us as well.