All the Terms and Conditions are mentioned in the Downloadable KYC form at https://frn.pw/kycform
a) Registration Fee*: An upfront non-refundable payment of 11,000/- (Indian Rupees Eleven Thousand Only) plus applicable taxes shall be paid by the Buyer/You at the time of signing of this Agreement. b) Consultation Fee: Upon execution of a deal or token cheque between the Buyer (i.e. You) and the respective business prospect selected and finalized by the Buyer a non-refundable consultation fee/brokerage (for each sign up) shall be payable by the Buyer to the Consultant which shall either be: i.
25,000/- or 3% of the total project cost (whichever is higher) plus applicable taxes if Project cost is upto 20,00,000/-; or ii.
1,00,000/- or 4% of the total project cost (whichever is higher) plus applicable taxes if Project cost is above `20,00,000; or
iii. In the event the Buyer avails real estate services from the Consultant and in lieu thereof buys or takes on lease any property
through the Consultant, then as consultation fee/brokerage the Buyer shall make a payment equivalent to one month’s rent
or 4% of leased amount to the Consultant for the leased property and/or pay 2% of the purchase price of the property
bought to the Consultant, as the case may be; or
iv. In the event the Buyer avails business brokerage services from the Consultant and in lieu thereof borrows or lends business
assistance through the Consultant, then as consultation fee/brokerage the Buyer shall make a payment of 4% of the total
project cost plus applicable taxes; or
v. In the event the Buyer avails turnkey services from the Consultant and in lieu thereof buys or takes on lease any assets
through the Consultant, then as consulting fee the Buyer shall make a payment equivalent to one month’s rent to the
Consultant for the leased property and/or pay consulting fee, 5% of the total project to the Consultant, as the case may be.
Buyer shall ensure to make payment of Consultation Fee/brokerage (as mentioned above), within a period of 07 (Seven) days from the date of receipt of invoice
for each respective sign-up or LOI (Letter of Intent). In the event the amounts payable under this Agreement remain outstanding for a period of 07 (Seven) days
after the due period, without prejudice, the Consultant shall be entitled to (a) suspend all services under this Agreement and the same shall not amount to a
breach of this Agreement by the Consultant; and/or (b) terminate the Agreement (if not expired already); and recover the outstanding amount along with an
interest at the rate of 24% per annum.
The General Terms & Conditions (“T&C”) as mentioned below shall form part and parcel of the overleaf KYC form filled (“Form”) by you and shall collectively be
referred hereto as Agreement between FranTiger Business Consulting Private Limited, (hereinafter referred to as the “Consultant”, which term shall unless
excluded by or repugnant to the context or meaning thereof, shall include its successors and permitted assigns) AND You the above said registered “Buyer”
which term shall unless excluded by or repugnant to the context or meaning thereof, shall include your successors and permitted assigns. We shall collectively
be referred to as “Parties” and individually as “Party”.
- Unless terminated earlier, this Agreement shall come into effect on date of signing (“Effective Date”) and shall remain valid for a period of 12 months from
the Effective Date (“Term”). - The Consultant shall be providing consulting services to the Buyer in relation to the business opportunities as desired by the Buyer in the overleaf Form, so as
to enable the Buyer to identify and select an appropriate business/investment opportunity as a franchisee/distributor/business associate/Buyer. The Buyer shall
share all details and information such as its preferential investment sectors, time period and plans for making investment, investment amount, source of funds
etc. for the proposed investment with the Consultant, so as to enable the Consultant to identify an appropriate business/investment opportunity for the Buyer.
The Buyer acknowledges that in providing its services hereunder, the Consultant will be solely relying on the information provided by the Buyer. The Consultant
shall be under no obligation to verify any information provided to it by the Buyer and shall not be liable for the accuracy and completeness of information
furnished to it by the Buyer. The scope of services shall include analyzing the information provided by the Buyer, reviewing its database for potential
businesses/investment opportunities, as per the profile, interest, risk and investment appetite of the Buyer, sharing with the Buyer, the qualifications of such
potential business/investment opportunities, the returns from such business/investments opportunities, key risks etc., assisting the Buyer in short listing and
selecting the business/investment opportunities in the said industry as reflected in the overleaf Form, scheduling meetings/calls with all prospective businesses
Buyer and if required, representing the Buyer during such meetings for enabling the Buyer to finalize the selected business/investment opportunity. The Buyer
agrees and acknowledges that upon successful sign up of the agreement between the lead/brand and the Buyer, the Consultant shall not be held liable for any
claim or demands arising due to the business relationship or dispute between such signed lead/brand and the Buyer. - The Buyer shall promptly inform the Consultant of all the leads converted/ materialized during the term of the agreement as well as post termination of this
Agreement, which are/were materialized as result of Consultant’s efforts during the Term of the Agreement, and the Buyer acknowledges that the Consultant
is bound to be paid by the Buyer for such leads. - The Consultant shall provide the services under this Agreement with promptness and diligence and at a level of proficiency usually expected from a consultant
with the background and experience that the Consultant has represented it has. However, the Parties acknowledge that the Consultant cannot and does not
warrant the success of the transaction contemplated hereunder and further the Consultant does not guarantee that the actual results of the services rendered,
will be similar to any of the projections or forecasts provided by the Consultant under this Agreement. - In consideration of the consulting services to be rendered by virtue of this Agreement, the Buyer shall make payments respectively as mentioned above.
- The Buyer shall not offer to hire or hire any person who is currently, or was within a period of one year of such hiring, employed by the Consultant with whom
the Buyer had contact during the tenure of this Agreement. Further, the Buyer covenants that the Agreement shall be exclusive in nature and that during the
Term of this Agreement the Buyer shall refrain from hiring third party for similar Services as those being rendered by the Consultant under this Agreement.
Nothing contained in this Agreement shall prevent the Consultant from entering into similar agreements with any third party, for providing services similar to
the Services envisaged under this Agreement. (Contd.)
- Registration fee is payable upfront & shall be non-refundable
- The Buyer makes the following representations and warranties to the Consultant:
(a) it has the power to enter into this Agreement and comply with its obligations under it; (b) it has in full force and effect the authorizations necessary for it to
enter into this Agreement and the transactions contemplated under it; (c) The information provided to the Consultant do not contain any untrue statements or
facts or omit to state any material fact that is required to be stated or intimated to the Consultant; and (d) It has requisite financial stability and back up to carry
out the investment/business opportunity selected by it from the options proposed by the Consultant and such funds have been obtained in compliance with
applicable law. - The Consultant shall have the right to terminate this Agreement by giving a prior notice of 15 (Fifteen) days’, upon happening of the following events: (a) If
the Buyer is in breach of its payment obligations under this Agreement; (b) If the Consultant finds that the Buyer has furnished incorrect information to the
Consultant; or (c) If any of the representations and warranties given by the Buyer under this Agreement are violated or false; (d) Where the Buyer is a Company
or a Partnership Firm, if any of the Directors of the Buyer’s company or if any of the Partners of the Buyer’s firm, has subsequently turned unsound mind or
otherwise incompetent to Agreement. In case the Buyer is a proprietorship concern, the same would apply to the proprietor. - Upon termination of this Agreement: (a) The Buyer shall make payments of all outstanding dues to the Consultant within 7 days from the date of termination;
(b) Each Party shall deliver to the other Party all property or confidential information in its possession and exchanged between them pursuant to this Agreement.
(c) The Buyer shall comply with its payment obligations with respect to the leads that are concluded post termination by virtue of this Agreement. - Each Party shall maintain confidentiality of the terms of this Agreement and the information received by virtue of same. Notwithstanding the foregoing,
nothing in this Agreement shall prevent either party from making any disclosure of Confidential Information required by law. - The Buyer undertakes and agrees that it shall not circumvent the role of the Consultant at any-time with respect to the transaction contemplated under this
Agreement or in relation to the Services being provided by the Consultant, whether by way of side agreement or otherwise. Further, the Buyer shall ensure that
any person, entity, company connected with it, formally or informally, does not cause or bring about circumvention as above, by proceeding directly at any stage
during the Term of this Agreement thereby, bypassing and directly approaching any lead/brand so introduced by Consultant. The Buyer acknowledges and
agrees that during the Term of this Agreement, if the Buyer receives any business offer or proposal from any lead/brand so introduced by the Consultant, directly
or indirectly, then it shall provide the details of the same to the Consultant and shall always proceed through the Consultant. - The Buyer further undertakes and agrees that if any lead/brand so introduced by Consultant is utilized by any of his Relative/close acquaintance, then it shall
provide the details of the same to the Consultant and shall always proceed through the Consultant. Wherein the word “Relative” for the purposes of this
Agreement shall mean as a person shall be deemed to be a relative of the Buyer if (a) they are members of a Hindu undivided family; or (b) they are husband
and wife; or (c) the one is related to the other as the Father, Mother (including step-mother), Son (including step-son), Son’s wife, Daughter (including
stepdaughter), Father’s father, Father’s mother, Mother’s mother, Mother’s father, Son’s son, Son’s son’s wife, Son’s daughter, Son’s daughter’s husband,
Daughter’s husband, Daughter’s son, Daughter’s son’s wife, Daughter’s daughter, Daughter’s daughter’s husband, Brother (including step-brother), Brother’s
wife, Sister (including step sister), Sister’s husband or otherwise is related to the buyer in any manner whatsoever. - The Parties agree that upon expiry of the Term or earlier termination thereof, the Buyer shall be bound to pay to the Consultant, the Consultation
Fee/brokerage, pursuant to Section 5 above, if any, within 7 days to the Consultant, arising on account of conversion of the potential business/investment
opportunities into a lead, wherein, such opportunity was introduced to the Buyer by the Consultant, during the Term of the Agreement. - The Buyer acknowledges and agrees that the Consultant’s observation and recommendations pursuant to this Agreement are purely advisory in nature and
shall be restricted for Buyer’s use only. Thus, the Buyer must undertake its own evaluation and due diligence qua the potential business/investment opportunity
proposed by the Consultant and seek its own fiscal, legal or financial guidance. - This Agreement shall be governed and interpreted in accordance with the laws of India. All disputes arising between the Parties shall be settled as per the
provisions of Arbitration and Conciliation Act, 1996, by the sole arbitrator to be appointed by the Consultant. The award of the sole arbitrator shall be final and
binding upon the Parties. Arbitration shall be conducted in the English language and the seat of arbitration shall be Bengaluru. - Buyer shall protect, indemnify and save harmless the Consultant from and against any and all damages, claims, suits, actions, judgments, costs and expenses
whatsoever (including reasonable legal fees) which may be suffered or incurred (a) as a result of breach of the obligations by the Buyer under this Agreement,
(b) as a result of the representations or warranties made by the Buyer found to be untrue, false or misleading, (c) as a result of gross negligence or wilful
misconduct of the Buyer, (d) by third party for loss or damage to property or personal injury or death of such third party, resulting from, or incidental to Buyer’s
performance under this Agreement. - Neither Party shall be liable to the other for any indirect, incidental, punitive, special or consequential loss, damage, cost or expense including, without
limitation, loss of profits, loss of data, and loss of revenues, of any kind whatsoever and however caused, whether arising under contract, tort (including
negligence or breach of statutory duty) or otherwise, even if that Party has been advised of its possibility. - The Parties agree that pursuant to Clause 17, the Consultant’s liability shall be limited and not exceed the amount of Consultation fee received by it from
the Buyer pursuant to Clause 5 - The failure at any time of either Party to demand strict performance by the other of any of the terms, covenants or conditions set forth herein shall not be
construed as a continuing waiver or relinquishment thereof, and either Party may, at any time, demand strict and complete performance by the other of such
terms, covenants and conditions. - The Buyer shall have no right to assign or transfer any of its rights or obligations hereunder without the express prior written consent of the Consultant.
Provided however, the Consultant shall be entitled to freely assign or transfer its rights or obligations pursuant to this Agreement with prior intimation to the
Buyer. (Contd.)
- Registration fee is payable upfront & shall be non-refundable
- The invalidity or unenforceability of any provision in this Agreement shall in no way affect the validity or enforceability of any other provision herein. In the
event of the invalidity or unenforceability of any provision of this Agreement, the Parties will immediately negotiate in good faith to replace such a provision
with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces. - Neither Party shall be liable for any loss to the other Party caused by the failure to observe the terms and conditions of this Agreement, wherein such failure
is occasioned by any cause beyond the other Party’s reasonable control such as act of God, war, insurrection, riot, fire, flood, epidemic, earthquake, strikes, lock-
outs, labour controversy, civil commotion, act of terrorism, any change/repudiation of law, statute, act, rules, regulations, policies, bye-laws or similar cause.
The Party having any such cause shall promptly notify the other Party in writing of the nature of such cause and the expected delay.
- This Agreement constitutes the entire agreement between the Parties with respect to the subject matter of Agreement and supersedes all communications,
negotiations and agreements (whether written or oral) of Parties with respect hereto made prior to the date of this Agreement. - No amendment or other variation of this Agreement shall be effective unless it is in writing, is dated, expressly refers to this Agreement, and is signed by a
duly authorized representative of each Party. - It is agreed between the Parties that the relationship of Consultant with the Buyer is that of an independent contractor and that the obligations and
responsibilities of the Consultant to the Buyer are limited to those specifically set forth herein. - Nothing in this Agreement shall be deemed to create any agency, partnership, joint venture unincorporated association, co-operative entity or other joint
relationship between the Parties hereto or constitute any Party the agent of the other Party for any purpose or entitle any Party to commit or bind the other
Party in any manner or give rise to fiduciary duties by one Party in favour of the other Party. - The Consultant shall have the right to sub-contract any part of its scope of work or Services required to be rendered by it under this Agreement to any third
party. IN WITNESS WHERE OF the Parties hereto have set and subscribed their respective hands and seals on the day month and year first written above.