Whereas, the Client and Accounting Service Provider (“Parties”) agree to the following terms and conditions for the Accounting Service Provider’s services, as an independent contractor, in exchange for fees.
Services. The Accounting Service Provider agrees to provide service as per the package selected by clients.
Fees. The Client agrees to pay fees to the Accounting Service Provider as per the package selected by them.
Payment. The Client shall pay to the Accounting Service Provider:
The Clients/Users shall make payments to TechPro Accounting Private Limited within 15 days from the raising of the invoice by “Accounting Service Provider” and payment shall be directly credited to the Bank Account of TechPro Accounting Private Limited.
If the bill is not paid within 15 days from the raising of the invoice, the services shall be deemed to be discontinued by TechPro Accounting Private Limited from the 16th day.
Termination.. This Agreement shall be: (check one)
1- Terminated by Both Parties Period. By providing the other party at least 30 days’ written notice.
2- Terminated by Client ONLY.By providing the Accounting Service Provider 30 days’ written notice.
3- Terminated by Accounting Service Provider ONLY. By providing the Client 30 days’ written notice or If the bill is not paid within 15 days from the raising of the invoice, the services shall be deemed to be discontinued by TechPro Accounting from the 16th day.
The Client shall pay the Accounting Service Provider, in-full, for any remaining balance owed following the termination of Services.
Client’s Obligations.The Client shall be solely responsible for providing the Accounting Service Provider all financial information related to their personal and/or business affairs including, but not limited to, all materials, data, and documents necessary to perform the Services under this Agreement. The Client acknowledges and agrees that the accuracy of financial information supplied to the Accounting Service Provider is the sole responsibility of the Client and the Accounting Service Provider shall be held harmless from any liability resulting from the accuracy of the financial information provided. client is also responsible to provide documents on a daily basis if the client has not been providing documents on a timely basis, then TechPro Accounting Private Limited Company is not responsible for any delay in accounting and other compliances.
Employment Status.The Parties agree that the Accounting Service Provider shall provide the Services to the Client as an independent contractor and shall not be acting or determined to be an employee, agent, or broker.
Confidentiality.The Accounting Service Provider, shall in the course of performing the Services hereunder, may gain access to certain confidential or proprietary information of the Client. Such “Confidential Information” shall include all information concerning the business, affairs, products, marketing, systems, technology, customers, end-users, financial affairs, accounting, statistical data, documents, discussion, or other information developed by the Accounting Service Provider hereunder and any other proprietary and trade secret information of the Client whether in oral, graphic, electronic or machine-readable form. The Accounting Service Provider agrees to hold all such Confidential Information of the Client in strict confidence and shall not, without the express prior written permission of the client, disclose such Confidential Information to third (3rd) parties or use such Confidential Information for any purposes whatsoever, other than the performance of its obligations hereunder. If any details are asked by the Govt. Department and “Accounting Service Provider” is bound to disclose then the “Accounting Service Provider” will disclose, after written communication to the client.
Errors in Data & Liability
“Accounting Service Provider” does not accept any responsibility for losses or damage arising from errors initially contained within the documentation or electronic data provided by the client. TechPro Accounting Private Limited will correct any errors made by their Team in the course of working on a client’s accounts. If any loss occurred to the client then “Accounting Service Provider” will not take any responsibility or guarantee of the loss and also will not be held responsible if any court or Govt. Authority levies any penalty, etc. on the Client. After drafting of financial statements (P&L and Balance sheet) no liability for incorrect entering will be accepted by “Accounting Service Provider”
Data in Portal: After drafting of financial statements (P&L and Balance sheet) of clients “Accounting Service Provider” will hand over all electronic documents and tally data in electronic format to clients, after that “Accounting Service Provider” would not be responsible for electronic documents and tally data of clients.
Third-Party Links :
The “Accounting Service Provider” may refer to or may contain, links to third-party Government websites for tax payments and other uses but it does not mean that it is endorsing such websites. The “Accounting Service Provider” provides the affiliate third-party links on the website for client’s convenience. “Accounting Service Provider” Company has no control over these external websites and they are solely responsible for their own content and information presented. Therefore, the “Accounting Service Provider” and its officers, employees, successors, shareholders, joint venture partners or anyone else working with them cannot be held liable or responsible for any content presented on these external websites and for any damages resulting from them.
Notices.
. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on the day of delivery if delivered by hand, standard mail, software, e-mail, or facsimile during the receiving party’s regular business hours.
Governing Law.
. This Agreement shall be construed in accordance with and governed by Indian Law and/or by-laws of the State of Uttar Pradesh.
Dispute Resolution.
. Any dispute(s) arising out of this Agreement shall, as far as possible, be settled amicably between the Parties hereto failing which the following shall apply:
1- Any dispute under this Agreement shall be referred to arbitration by a sole arbitrator to be appointed by the TechPro Accounting Company only.
2- The arbitration proceedings shall be held in Noida in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any statutory re-enactment or modification thereof for the time being in force.
3- The Parties agree that the arbitration award shall be final and may be enforced as a decree.
4- The Parties further agree that subject to the above only the competent courts at Noida shall have jurisdiction in all matters arising hereunder.
5- TechPro Accounting and the party shall pay 50:50 of the cost and expenses of such arbitration.
6- The Parties further agree to keep the arbitration proceedings and the arbitral award confidential.
Severability.If any provision of this Agreement shall be held to be illegal, invalid or unenforceable under present or future laws, such provisions shall be severable, this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement; and, the remaining provisions of this Agreement shall remain in full force and effect.
Limitation of Liability.In no event shall either party be liable to the other party for any indirect, incidental, consequential, special, or exemplary damages, including without limitation, business interruption, loss of or unauthorized access to information, damages for loss of profits, incurred by the other party arising out of the services provided under this Agreement, even if such party has been advised of the possibility of such damages. In no event will neither party’s liability on any claim, loss or liability arising out of or connected with this Agreement shall exceed the one-month professional fees paid to the Accounting Service Provider during the period immediately preceding the event.
Indemnification.Client shall at its own expense indemnify and hold harmless, and at the other party’s request defend such party affiliates, subsidiaries, and assigns its respective officers, directors, employees, sublicensees, and agents from and against any and all claims, losses, liabilities, damages, demand, settlements, loss, expenses, and costs, including attorneys’ fees and court costs, which arise directly or indirectly out of or related to any breach of this Agreement or the gross negligence or willful misconduct of a client’s employees or agents. Responsibility of the “Accounting Service Provider” shall be limited to providing expert opinion related to the service provided to the client if required by a client while defending itself against any Govt. claim.
Entire Agreement.This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, communications, and agreements, whether written or oral, between the parties relating to the subject matter hereof and all past courses of dealing or industry custom. No modification of or amendment to this Agreement shall be effective unless in writing and signed or accepted by each of the Parties.
Waiver.The waiver by either party of a breach of or a default under any provision of this Agreement shall not be effective unless in writing and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself to any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.
