When you visit http://www.21north.in , you will be required to create an account in order to receive services offered through our Interfaces. For creating an account you will have to provide us with certain personally identifiable information about yourself which may include your name, email address, home or business address, telephone number, vehicle details (including vehicle no., vehicle make, vehicle model no., insurance details etc.), debit or credit card information such as the credit card number, card verification value.
We collect and use PII (including name, address, telephone number and email) to better provide you with the required services, or information. We would therefore use your PII in order to:
1. Respond to queries or requests submitted by you
2. Administer or otherwise carry out our obligations in relation to any agreement you have with us
3. Anticipate and resolve problems with any services supplied to you
4. Create products or services that may meet your needs; and
5. Process requests or applications submitted by you
To optimize our services we may wish to use your PII for direct marketing as well as to share with other third parties for promotional activities. As we respect your privacy we will only use your PII for this purpose and you are hereby being made aware of such intent.
We may automatically collect NPII about you such as the type of internet browsers or mobile browsers you use, log data, device information or the website from which you linked to our Website or the usage pattern of the Application etc. You cannot be identified from this information and it is only used to assist us in providing an effective service through our Interfaces.
However, we cannot control and be responsible for other parties' use of your PII which you make available to them through our Website or Application. We encourage you to be careful about what PII you disclose in this way.
We aim to keep our information about you as accurate as possible. We shall not be responsible for the authenticity of the information provided by you. If you would like to review, change or delete the details you have supplied to us, you can do so by editing your account details on the Website or the Application.
Notwithstanding the above, the Company in no way guarantees that such information will not be accessed, disclosed, altered or destroyed by breach of firewalls and secured server software. The Company hereby disclaims any liability related to a security breach or loss of your information to the greatest extent permissible by law.
We recommend that you check the policy of each website or application you visit to better understand your rights and obligations especially when you are submitting any type of content on those third party websites or applications. Please contact the owner or operator of such website or application if you have any concerns or questions.
The Website and Application is not intended for people under the age of 18. Consistent with applicable laws, we will never knowingly collect PII from anyone under the age of 18 without requiring parental consent. Any person who provides their personal information to us through our Website or Application represents that they are 18 years of age or older. COOKIES POLICY
Cookies are small data files that your browser places on your computer or device. Cookies help your browser navigate a website and the cookies themselves cannot collect any information stored on your computer or your files. When a server uses a web browser to read cookies they can help a website deliver a more user-friendly service. To protect your privacy, your browser only gives a website access to the cookies it has already sent to you.
Cookies remember the type of browser you use and which additional browser software you have installed. They also remember your preferences, such as language and region, which remain as your default settings when you revisit the Website or Application. Cookies also allow you to rate pages and fill in comment forms.
Some of the cookies we use are session cookies and only last until you close your browser, others are persistent cookies which are stored on your computer or devise for longer.
The information collected by cookies falls within the category of NPII.
If you wish to reject or block the cookies set by us or the websites of any third party suppliers by changing your browser settings – see the Help function within your browser for further details. Please note that most browsers automatically accept cookies so if you do not wish cookies to be used you may need to actively delete or block the cookies.
TERMS - CUSTOMER
"21North" or "Us" or "We" or "Service Provider" or "Company" is an Indian company, whose registered office is at The Arcade, Brigade Metropolis, 216, 2nd Floor, Mahadevpura, Bangalore – 560 048, and is the owner of the website http://www.21north.in (the "Website" and mobile application "21North").
"You" or "Customer" or "Registered Customer": refers to the Customer or viewer of the Website or mobile application. Customer(s) means any individual or business entity/organization that legally resides or operates in India, and uses or has the right to use the Services provided by 21North. The term "Customer" includes the assignees, affiliates, agents, successors and legal representatives.
"Ambassador" refers to an individual hired from a third party in a contractual agreement with 21North including, but not limited to, a person employed by 21north Workforce and is a person who drives the Customer’s motor vehicle. "Ambassador" refers to an individual hired from a third party in a contractual agreement with 21North including, but not limited to, a person employed by 21north Workforce Solution Private Limited and is a person who drives the Customer’s motor vehicle. The Customer’s access and use of the Services constitutes his/her irrevocable acceptance of these Terms and Conditions, which establishes a contractual relationship between the Service Provider and the Customer. These Terms and Conditions expressly supersede any oral or written prior agreements or arrangements between Service Provider and Customer. The Service Provider may immediately terminate these Terms and Conditions or any Services with respect to the Customer, or generally cease offering or deny access to the Services or any portion thereof, at any time without assigning any reason.
The Service Provider offers a technology platform ("Software") wherein Customer can choose the kind of service Customer requires i.e. My Driver Service (defined below), 21N Driver Service (defined below), find third parties to provide TP Services (defined below) and any other service that may be available through the Software. It is up to the third party service provider to offer their third party services, which may be scheduled through use of the website, mobile application or any other medium. "My Driver Service" is a service where the Customer or its representative will drive the Customer Vehicle (defined below) to the third party service center to avail the services offered by the third party service center.
"21N Driver Service" means where an Ambassador will pick up the Customer Vehicle, drop the same to the third party service center and then pick up the serviced Customer Vehicle from the third party service center location and take it back to the Customer location.
All services (including My Driver Service/21N Driver Service) provided by the Service Provider, through Software, to the Customer by means of the Customer’s use of the booking channel (Website/Application/call center etc.), for booking purposes, are hereinafter referred to as the "Service". Furthermore, the term Services shall include any service for which any consideration is paid /not paid to the Service Provider by the Customer and will be covered by these Terms and Conditions. The Services may be requested through phone via call center, Website, an application supplied by the Service Provider and downloaded and installed by You on internet-enabled mobile device (the "Application") or through any other channel made available by the Service Provider for booking purpose.
The Services offered by the Service Provider are sourced from third parties who have a contractual relationship with the Service Provider. The Service Provider offers information and a method to obtain such third party services from third party service providers, but does not, and does not intend to, provide third party services or act in any way as a third party service provider, and has no responsibility or liability for any third party services provided to (or failed to be provided) nor for the actions or inactions of any third party service providers. The services provided by third party service providers is termed as "TP Services" and include servicing of Customer’s vehicle for scheduled/unscheduled, maintenance/accidental or for any other kind of repair and maintenance work of vehicle ("Customer Vehicle ").
The Website/Application also provides Customer with the option of hiring of Ambassadors with facility to track Vehicle movement, that tracks the Customer Vehicle from Customer’s residence/office or any other location as specified by the Customer to the registered Service Network Partner of the third party service provider and from the registered Service Network Partner to a location as specified by Customer. Movement of vehicle facility provides Customer the ability to track the movement of Customer Vehicle during pickup and delivery service.
We do not guarantee or warrant, and make no representations regarding, the reliability, quality or suitability of such third party service providers or TP Services. The Service Provider shall reasonably provide sufficient training, quality control procedures and processes to ensure commercially reasonable services by third party service providers. However, under no circumstance does the Service Provider accept liability in connection with and/or arising from the services or any acts, action, behavior, conduct, and/or negligence on the part of the third party service provider whether online or offline. Any complaints about the services provided by the third party service provider should be directly submitted to the concerned third party service provider. By using the Services, You agree to hold the Company free from any responsibility, liability or damages that may arise out of or in relation to booking Service through call center, Website, Application or the Services. The Company and its affiliates and licensors shall not be liable for any claim, injury or damages arising out of or in connection with Your use of the Service or the TP Services.
You may only access the Service using authorized means. It is Your responsibility to check and ensure You have accessed or downloaded the correct Website/Application for Your device. The Company is not liable if You do not have a compatible handset.
Our Services are available only to those individuals or companies who can form legally binding contracts under Indian law. Therefore, Customer(s) must be at least eighteen (18) years of age to be eligible to use Our Services. 21North advises its Customers that while accessing the Website/Application, You must follow/abide by all applicable laws. We are not responsible for any possible consequences caused by Your behavior during use of the Website.
As a Customer You are required to register to Our Website/Application by creating Your profile. Profile can be created by providing Your name, email address and telephone/mobile number. In order to avail our Services You will be requested to submit additional information such as vehicle details (including vehicle no., vehicle make, vehicle model no.), vehicle insurance details, last date of service, service due date, PUC for the vehicle etc. On completion of Service and prior to receiving Your vehicle You will be required to make online payments. For this purpose, You will have to further provide debit/credit card information such as the debit/credit card number, card verification value etc. All the above information provided by You on the Website/Application is referred to as "Your Content" or "Customer Content". Customer hereby grants a non-exclusive, unlimited, perpetual license to use the Customer Content for the purpose of providing Service hereunder.
These Terms and Conditions apply to Customers who access the Website/Application for any purpose. It also applies to any legal entity which may be represented by the Customer under actual or apparent authority. These Terms and Conditions apply to all Services offered on the Website/Application, collectively with any additional terms and condition that may be applicable to the specific Service used/accessed by the Customer.
In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific Services shall prevail.
The Service Provider may change, modify, amend, or update these Terms and Conditions from time to time without any prior notification to the Customer and the amended terms and conditions of use shall be effective immediately on posting them on Website/Application. If the Customer does not adhere to the changes, the Service Provider shall terminate these Terms and Conditions with respect to such Customer and deny access to Services in Service Provider’s sole discretion. The continued use of the Services by the Customer will signify the unequivocal acceptance of the changed terms.
To improve the Service that We provide to You, You may need to communicate with Us through emails or any other mode of communication. When You use the Website/Application or send emails or other data and information You agree and understand that You are communicating with Us through electronic records and You hereby provide Your express consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email, short messaging service or such other mode of communication, electronic or otherwise. It is important You understand that any such mode of communication, inter alia, helps Us provide You with information that We think You require from time to time such as confirmation of a Service booked on the Website/Application or knowing the status of delivery of Your vehicle.
The Company hereby grants You a non-exclusive, non-transferable, right to use the Software by way of Website/Application and Service, solely for your own personal, non-commercial purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by the Company and its licensors. You shall not:
(i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Software in any way; (ii) modify or make derivative works based upon the Service or the Software; ; (iii) create Internet "links" to the Service or "frame" or "mirror" any Software on any other server or wireless or Internet-based device; (iv) reverse engineer the Software; (v) access the Software or Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Software, or (c) copy any ideas, features, functions or graphics of the Service or Software, (vi) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Software. You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software or Service or the data contained therein; (v) attempt to gain unauthorized access to the Software or Service or its related systems or networks.
The Service Provider is the sole owner or lawful licensee of all the rights in the Website/Application (Software) and it’s content. Website/Application content means the Website’s/Application’s design, layout, text, images, graphics, sound, video, etc. The Website/Application, content embody the Company’s trade secrets and intellectual property rights protected under applicable copyright and other laws. All title, ownership and intellectual property rights in the Website/Application and content shall remain with the Service Provider, its affiliates or licensors of content, as the case may be.
All rights not otherwise claimed under these Terms and Conditions are hereby reserved by the Service Provider. The information contained in the Website/Application is intended, solely to provide general information for Your personal use, and You accept full responsibility for its use.
The Service Provider does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "Content") contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on Website/Application, or the quality of any products, information, Services, or other materials displayed, or obtained by the Customer as a result of an advertisement or any other information or offer in or in connection with the Service.
The Service Provider reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Website/Application All related icons and logos are registered trademarks or trademarks or service marks of the Service Provider and are protected under applicable trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited. All content on the Website/Application is the copyright of the Service Provider except the third party content and link to third party website on Our Website/Application.
Links to third party sites are provided by Website as a convenience only and the Service Provider does not have any control over such sites i.e. content and resources provided by such third parties. The Service Provider shall not be held responsible or liable to anyone for such third party site, or any Content, products or Services made available on Website/Application.
By accepting these Terms and Conditions and by using the Service, the Customer agrees to defend, indemnify and hold the Service Provider, its affiliates, its licensors, and each of their officers, directors, other Customers, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) any breach of these Terms and Conditions or any applicable law or regulation, whether or not referenced herein; (b) any allegation that Your information infringes or otherwise violates the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) the Customer’s use or misuse of the Website/Application or Service; (d) false/incorrect Customer Content; or (e) Your negligence or willful misconduct.
In no event shall the Service Provider, any of its partner’s, licensors, sponsors, successors, assigns, its directors, officers, employees, consultants or other representatives, be liable for any indirect, punitive, incidental, special, exemplary, consequential damages or other damages (including without limitation any damages for loss of use, data, savings or profits) or liabilities under any contract, negligence, strict liability, or other theory, arising out of or in any way connected with the access, use or performance of the Content or Services provided on or through the Website/Application whether or not We have been informed of the possibility of such damages or liabilities. Your sole remedy with respect to Content, Services provided on or through Website/Application is to stop using the Website/Application as applicable. Neither Service Provider nor any of its partners, licensors, sponsors, successors, or assigns, nor our directors, officers, employees, consultants, or other representatives will have any liability to You for any damages, expenses or other liability incurred by You as a result of (1) Your access to or use of or inability to access or use Website/Application; (2) any inaccurate, incomplete or misrepresented Content, or Services posted on the Website/Application; (3) Your hiring or engagement of any third party service provider through the Website/Application; (4) unauthorized access or use of Your account or Your information or (5) or for interrupted communications, delay, etc (5) act/omissions of the Ambassadors.
The Service Provider shall not be liable to pay any amount for any damages caused due to an accident while the Customer Vehicle is picked up or delivered. The Customer agrees to personally bear such risks, assuming full responsibility for any harm or damage that may result from the acts or omissions of the Ambassadors or third party service providers. In case the Customer requests the Service Provider to repair the vehicle, the Service Provider will at its sole discretion have the vehicle repaired using the existing insurance policy bought and paid by Customer. The Service Provider will neither be liable to pay any shortfall in the amount settled by insurance company nor for loss of no claim bonus.
In addition, to the fullest extent under the applicable law, in no event will the Service Provider’s aggregate liability arising out of or in connection with these Terms and Conditions, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of Rs. 0/- (Rupees Zero).
The Customer hereby warrants that:
The Service Provider makes no representation regarding the quality of Ambassador or requisite skills of the Ambassadors. Service Provider shall make reasonable efforts to ensure that the Ambassador so provided is verified and safe. The Service Provider takes no responsibility for the actions of the Ambassador or any other agent of any third party service provider and is not accountable for any action or lack of skill on the part of the Ambassador.
The Service Provider shall use all reasonable endeavor to ensure timely Service but makes no representation or warranty regarding the time in which the Service would be completed and shall not be held liable for any loss that may be suffered by the Customer on account of any delay caused by traffic jams on roads or acts and omissions on part of third party service providers.
21North does not warrant that Services will always be available. 21North assumes no liability in the event that all Ambassadors be engaged or booked at the precise time when Service is requested by the Customer. 21North shall not be liable for delays or failure to provide Service as a result of inclement weather, traffic conditions, construction, or other causes beyond the reasonable control of 21North and/or the Ambassador.
The Company makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Content or Service or Website/Application or any third party services. The Company does not represent or warrant that (a) the use of the Website/Application will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Website/Application or any third party services will meet Your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any Content, Services, information, or other material purchased or obtained by You through the Website/Application including any third party services will meet Your requirements or expectations, (e) errors or defects in the Content, Service or Website/Application will be corrected, or (f) the server(s) that make the Service available are free of viruses or other harmful components. The Content and Service through Website/Application including Website/Application is provided to You strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by the Company. The Company makes no representation, warranty, or guaranty as to the reliability, safety, timeliness, quality, suitability or availability of any third party services. You acknowledge and agree that the entire risk arising out of Your use of the Website/Application and Service, and any third party services, remains solely with You, to the maximum extent permitted by law.
The Customer shall clear all dues before receiving possession of the Customer Vehicle after performance of Services. In the event of default in payment by the Customer, Service Provider reserves the right to lien over the Customer Vehicle among other legal rights and proceedings under applicable law.
The Ambassador will only wait for 15 (fifteen) minutes at the time of pickup or delivery of the Customer Vehicle. In case the Customer fails to deliver or collect possession of the Customer Vehicle within such time, the Services being provided shall be terminated and the Service Provider reserves the right to charge a "no show" fee while picking up the Customer Vehicle or may take back the Customer Vehicle to Service Network Partner and the appropriate cost would be chargeable to the Customer. By using the Application or the Service, you further agree that:
Registered Customers hereby covenants, agrees, and authorizes 21North and Ambassador as follows:
Customer hereby releases Ambassador, managers, employees, independent contractors, agents and from any and all liability, including negligence, for any injury, including death or property damage that may occur in connection with the Service. Further, Customer agrees not to initiate any legal proceedings against Ambassadors, managers, employees, independent contractors, with respect to any such claims for damages, which Customer is releasing. Customer is aware that various risks are involved in the 21North Service. Despite these and the other risks, Customer agrees to accept the Service and is willing to agree to personally bear such risks, assuming full responsibility for any harm or damage that may result.
Customer will indemnify, defend and hold Ambassador, employees, independent contractors, agents harmless from and against any and all losses, claims, liabilities, damages, fines, penalties and expenses (including attorney's fees) arising from or resulting from any breach by Customer of the representations, warranties or covenants contained in this Agreement.
21North reserves the right to refuse to provide the Service to Customer if, in the Ambassador's sole discretion, such Service would be unsafe to the Ambassador because: (a) Customer or such other person is armed, belligerent, violent, verbally or physically threatening or abusive; (b) the Customer Vehicle is unsafe to drive; or (c) any other facts or circumstances relevant to Ambassador's safety, as determined in Ambassador's sole discretion, including but not limited to a request to pick up Customer Vehicle in a location deemed unsafe by Ambassador.
The Company reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate Your account (any part thereof) or use of the Service, for any reason. The Company shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.
The invalidity of any term of these Terms and Conditions shall not affect the validity of the other provisions of these Terms and Conditions. If any provision of these Terms and Conditions is deemed unenforceable due to its scope, a provision containing the maximum enforceable scope permitted by the governing law shall be substituted therefore.
For any complaint against any of the Services provided by the Service Provider through the Website/Application, the Customer can file an initial complaint to the Service Provider by submitting the complaint form available on the Website. Complaint form can be duly filled by logging into Your account on the Website/Application, and such complaint will be addressed in 30 (thirty) days from the date of receipt of such complaint.
If Service Provider fails to respond to a complaint as stated above and if any dispute arises out of, or in connection with these Terms and Conditions including any question regarding their existence, validity or termination or with regard to the Services provided shall be settled by conciliation or mediation proceedings in the first instance within a maximum period of 30 (thirty) days, failing which the dispute shall be settled by way of Arbitration. The seat of the arbitration shall be Bangalore. The arbitration shall be governed by the Arbitration and Conciliation Act, 1996. There shall be a sole arbitrator appointed by the Company. The arbitration award shall be final, enforceable and binding between the parties.
The law governing the interpretation of these Terms and Conditions shall be Indian law. Subject to the arbitration provisions stated above, the courts at Bangalore will alone have jurisdiction over any disputes arising out of, or in connection with these Terms and Conditions or with regard to the Services provided.
The Service Provider shall not be responsible for any loss or deficiency in Services where such loss or deficiency of Service is due to acts or circumstances which are beyond the control of the Service Provider, which subject to the foregoing shall include but not be limited to: acts of god such as fire, storm, flood, earthquake, explosion or accident; acts of public enemy; acts of war or terrorism; rebellion; insurrection; sabotage; epidemic; quarantine restrictions; transportation embargoes or failure or delays in transportation; strikes and lockouts; acts (including laws, regulations, disapproval or failure to approve) of any government, whether national, municipal or otherwise, or any agency thereof; and acts of third parties where such third parties.
TERMS - AMABASSDOR
This Contractor Agreement (the “Agreement”) has been entered into on this [__] [Insert date] day of [__] [Insert month], 2017 (the “Effective Date”) by and between: ONB Technologies India Private Limited, a company incorporated under the Companies Act, 1956 and also having its registered office at Sy no 73/1, 73/2, 74(p), 75(p),, md pura village, md pura, BANGALORE, Karnataka, India, 560048 (hereinafter referred to as the “Company” which expression shall, unless contrary to the context or meaning thereof, be deemed to mean and include its successors in interest and permitted assigns) of the First Part;
[__] [Insert name of the Individual], son/daughter of [__] [Insert the name of the father/mother], residing at [__] [Insert address of the Individual] bearing Driving License Number [Insert DL No] (hereinafter referred to as the “Ambassador” which expression shall, unless repugnant to the context and meaning thereof, be deemed to mean and include his/her successors and permitted assigns) of the Second Part. Each of Company and Ambassador shall be individually referred to herein as a “Party” and jointly be referred to as the “Parties”.
NOW, THEREFORE, in consideration of the mutual agreements, covenants, representations and warranties set forth in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the Parties, the Parties hereby agree as follows:
The Ambassador shall not:
All rights in tools, Ambassador Application and the associated software, Application, Device, Data, Website and materials used by the Ambassadors, as the case may be, during the course of performance or delivery of Services shall remain with the Company and no rights in these shall be deemed to be transferred to the Ambassador under any circumstances. The Ambassador shall not use the Intellectual Property Rights of the Company including without limitation to the Company’s names, logos, product and service names, trademarks and service marks.
The Ambassador shall:
The Ambassador agrees to defend, indemnify and hold harmless the Company, and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, Customers, suppliers, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from the Ambassador’s access to, use of the Ambassador Application and associated software, the breach by the Ambassador of its obligations or warranties hereunder, violation of the terms of this Agreement or any fines or penalties imposed on the Ambassador during the discharge of Services in violation of any applicable laws or regulations, or any claim by the Customer against the Company for deficient, incorrect, or non-provision of Services, or any damage to or theft of the Vehicle or theft or any claims/issues caused by the Ambassador related to the fees paid by the Customer to the Ambassador for the Services availed, or violations of any rights of a third party, or any allegation thereof, including without limitation any Intellectual Property Rights, or privacy right; or the Ambassador’s negligence or willful misconduct. Indemnification obligation will survive the terms and conditions of this Agreement.
Upon completion of 300 service bookings or 3 months from the Effective Date, whichever is earlier, the Ambassador(s) shall be covered by personal accident cover amounting to a sum of INR 1,00,000 (One Lakh) to cover any anticipated risks, damages and losses during the performance of the Services by the Ambassador. The provision of the insurance shall not in any manner be construed to mean that the Company assumes liability for the Ambassador’s personal safety in the provision of the Services.
TERMS - NETWORK PARTNER
This Agreement made on [__] [Insert date] at Bengaluru between: ONB Technologies India Private Limited, a company incorporated under the Companies Act, 1956 and also having its registered office at Sy no 73/1, 73/2, 74(p), 75(p),, md pura village, md pura, BANGALORE, Karnataka, India, 560048 (hereinafter referred to as the “Company” which expression shall, unless contrary to the context or meaning thereof, be deemed to mean and include its successors in interest and permitted assigns) of the First Part;
ONB Technologies India Private Limited, a company incorporated under the Companies Act, 1956 and having its registered office at Sy no 73/1, 73/2, 74(p), 75(p),, md pura village, md pura, BANGALORE, Karnataka, India, 560048 (hereafter referred as “21North” which expression shall, unless it be repugnant to the subject or context hereof, include its successors entities and assigns);
[__] [Insert service centre] , a company incorporated under the Companies Act, [1956/2013] and having its registered office at 16, Outer Ring Road, Sarjapura, Bellandur, Bangalore - 560103 (hereafter referred to as “Network Partner” which expression shall, unless repugnant to the context or meaning hereof is deemed to mean and include successor entities).
21North and Network Partner are hereafter referred individually as a “Party” and collectively as “Parties”.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, 21North and the Network Partner agree as follows:
|License Fee||As per commercial proposal signed off and enclosed as Annexure Services Fee As per commercial proposal signed off and enclosed as Annexure|
|Services Fee||As per commercial proposal signed off and enclosed as Annexure|
|Repeat Services Fee||To be calculated in the same manner as Services Fee|
Rebate Network Partner shall be entitled to a volume based rebate on invoices, credited to designated bank account by 5th working day of every month, depending on the volume of Users availing Vehicle Services at Network Partner’s Service Center by making Service Bookings on the Platform. The amount of the rebate shall be reckoned as mentioned in the commercial proposal.
100% of invoices should be uploaded on 21North Network Partner Interface within fifteen (15) minutes of completion of Service.
% of complaints received overall per location (not to exceed 5%)
% of complaints received overall per location (not to exceed 5%)
95% of the times digital inventory should be available
100% availability of appointment manager
95% 21North Platform uptime
100% Floor Manager uptime
|Service & Quality||
100% of the times payment settlement as per terms agreed
Invoice and payment advice to be submitted with 2 days from receipt of payment
Less than 3% of the invoice should be queried
99% of the invoices should be accurate
Respond to a question within 2 working days
21North will be liable for any traffic penalties and challans during transit of the vehicle by a 21North Ambassador