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Service Agreement

Definitions and explanations for this agreement

Schedule 1 offers the definitions and meaning for this agreement.

The terms and conditions of the OpenSourceGang website offers the systems of daily basis activities like the request from clientele service, hiring and choosing OpenSourceGang employee or developer or any person with the correspondence of OpenSourceGang and undertake regular activities with respect to this contract.

The nature of this agreement does not form any kind of employment between the client and the company and it is accepted and agreed by the client.

The responsibility to choose the right OpenSourceGang employee or developers rests with the client. The hiring is done for individual service providers on the basis of applicable local principal or as deemed fit by the website.

No authority is given to any OpenSourceGang employee or developer to enter into the contract or agreement in any form on behalf of the company. The agreement does not create any kind of partnership with the company and the client or its developer or its employee.

Time Duration

This agreement is applicable on a monthly basis and will begin on the starting date as agreed upon mutually by the company and the client. In accordance with Clause 12, the agreement will persist until concluded.

Payment

The payment time to be cleared to the company is stated in Schedule 1 and as per the required terms and conditions mentioned on the OpenSourceGang website.

The provisions mentioned in the Schedule 1 are a part of this agreement and its also applicable.

Liability Declaration

In case of any damage, loss, compensation or costs occurring direct or indirect to the client, no liability will be incurred by OpenSourceGang. Following are the cases included but not limited to;

  • Any postponement in introduction of OpenSourceGang employees or developers by the company.
  • The event of non – acceptance of an assignment or an offer by OpenSourceGang or its employees or developers.
  • Related to the presentation of a OpenSourceGang employee or developer.

Indemnity to OpenSourceGang

With respect to the following events of loss or claims the client has to pay indemnity to the company

  • Any injury to the company’s employee or developer while performing the duties for the client
  • Property damage while performance of duties by the company’s employee or developer.

Restrictions

The client must be ready to pay 15,000,000 USD to the company and the same to the employee or developer who has been hired or offered by the client directly.

When this agreement is closed or over, no OpenSourceGang employee who is performing a project for the client or has done previously for the client in the last twelve months can be offered any agreement or contact or permanent employment by the client.

No client of the company can provide any work or assignment to the company’s employee, members, friends, network or referrals without the prior consent.

No communication or information exchange regarding the payment and pricing between the company and its employees or developers shall be allowed.

Intellectual Property

All the material prepared by the company’s employee and developer will be owned by the client and intellectual property for any such work shall confer with the client.

Privacy

All parties accept and agree that all personal details and any sensitive information will be handled according the laws.

Confidential Information

The only information which can be revealed by the parties is that which is only needed by the law.

Warranties

Both the parties represent and authorise the other party that:

There are in claims, actions, inquiries, events or actions pending or threatened against it or by it which is known to, and which might have a considerable effect on the subject substance of this agreement.

Termination

OpenSourceGang may terminate immediately if;

  • If this agreement is breached by the client and doesn’t solve or offer a solution within 5 working days.
  • The client become insolvent

The client might appoint an employee or developer from OpenSourceGang on a trial basis. This is for a minimum of one hour and a maximum of ten days. The client can terminate any time during this period.

Subject to the client complying with the provisions mentioned in the Schedule 1, if the client can end a full time employees in the following manner:

  • For less than six months of his/her appointment, a notice period of thirty days is needed.
  • For more than six months, a notice period of sixty days is needed.

Termination – the client will return all the confidential details back to OpenSourceGang.

Acceptance

The client accepts to the terms and conditions mentioned on the OpenSourceGang website.

  • The client making any service or request or
  • The client is appointing OpenSourceGang to offer services to the client or
  • The client is opting or hiring an employee or developer of the company or
  • The client making a payment of any amounts mentioned within schedule 1, including but not limited to monthly/setup fees and or any payment of OpenSourceGang invoices.
  • The client shows its acceptance.

Duty of Confidentiality

The company and its employees acknowledge that while working for a client, they might have access their confidential information of the client.

OpenSourceGang and its employee undertake not to share, use this details to any third parties.

Schedule 1 – fee structure.

Systematic billing system

If the client opts and appoints an employee or developer of the company, the client must use the systematic billing system. The client might pay the company for the services prior by using either of the following options:

  • Prepaid payments
  • Regular monthly payments like credit, debit and electronic fund transfer

Each payment must be made in advance or on an agreed monthly date.

The client must make payment through EFT, electronic fund transfer into company’s INR bank accounts.

If there are any overtime payments due, the same amount is chargeable to the client and will also be added to the following month’s invoice.

The client at any time might suggest a refund the amount held within two week refund processing period.

Insufficient funds If

  • The available balance is zero or
  • The client don’t pays on time under any of the period mentioned, the company is entitled to suspend the services of Opensourcegang employee or developer for a period of five business days (suspension period).

During this suspension period, the client must pay to the company any amount in pending, else the agreement will be closed.

Holidays

The company’s employee or developer is entitled to request for holidays on public holidays of his or her location subject to the approval of the company as it seems fit.