Aashadeep Educational Trust Commonly known as Aashadeep Group Of Educations, (herein referred as Aashadeep) having its Regd office at “Opposite Post Office, Thana Road , Mukerian- 144211 (Punjab) or NC Office at 703-704, Pearl Best Heights-II, Netaji Subhash place New Delhi-110034 represented by its authorized signatory Mr. Kewal Krishan herein after referred to as the “First Party” which expression shall unless repugnant to the context or meaning there of be deemed to include its legal representatives, successors and assignee on the other part
AND
The applicant center who fill this application form as a franchisee is herein after referred to as “Second Party” which expression shall unless repugnant to the context or meaning there of be deemed to include its legal representatives,successors and assignee on the other part.

Purpose of This Application Form

Whereas the “First Party” offers authorized training centers to run training programs being offered by Aashadeep(Autonomous as well as under Central/State Government Sponsored Schemes) as its Authorized Training Center at the second party’s address to the“Second Party”.

And whereas the “Second Party” is desirous of setting up a authorized training center of Aashadeep for and on behalf of the “First Party” at the address fill in the application form.And whereas the First Party has agreed to appoint the Second Party as their Franchisee to manage and operate the Centers for the purpose of imparting skill development & vocational training programs services of the First Party under the name & logo of Aashadeep in accordance with the specifications, rules and regulations of the First Party.

And whereas the parties have been discussing the terms and conditions of the Aashadeep Center with the First Party helping the Second Party to setup the Aashadeep Center and are desirous of reducing the same to writing.

Terms & Conditions :

A. OBLIGATIONS OF THE FIRST PARTY:

  1. Advice regarding site, layout plan of work area, purchase of various equipments, component of necessary infrastructures such as hardware, software, faculty, teaching aids, computer furniture, interiors and other related items.
  2. ProvideAssessment preparation support and Learning Support
  3. First Party will train center-in-charge of AASHADEEP Centers on new softwares/courses of which the expenses and fees as decided by the first party will be borne by the second party.
  4. Provide layouts, design, creatives and designs of promotional material like pamphlets, banners, sign boards etc.
  5. Assist in marketing activities through consultany, designing creatives and solving queries.
  6. Provide manual, procedures, guidelines, formats, tamplets, etc, for smooth functioning of the training center
  7. Conduct Quality Assurance Audits & checks for ensuring the quality of training
  8. Assist & Support in selection of Human Resource at the Training Center
  9. In case of Autonomous Programs, the First Party will provide syllabus of various courses, sample copies of certificates and formats. Assessments of all the Autonomous courses will be done by First Party & certificates/Diplomas and statement of marks be issued to the successful students.
  10. First Party will communicate to the Second Party the enrollment fee and the revision in the same from time to time.

B. OBLIGATIONS OF THE SECOND PARTY:

  1. Second Party will conduct the course/training program in given duration as per specification of First Party and prepare the students for assessment to be conducted by the assessment agency at the end of the course.
  2. All employees including the Trainers, of the Authorized Training Center shall be screened, mobilized and appointed by by the Second Party as per the required qualification, with prior approval of the First Party.
  3. The Second Party shall maintain records of the infrastructure, manpower and students at the Center.
  4. For the proper functioning of the Center, the First Party may issue instruction to the Second Party from time to time, which shall be binding on the Second Party.
  5. That the Second Party shall employ adequate number of instructors having necessary educational qualification and other attributes as prescribed by the First Party or as per the requirement of the Project.
  6. That the assessment and certification fee shall be borne by the Second Party.
  7. That all the assessment and certification done on the behalf of examination and information provided by center regarding students attendece, behave at the center.
  8. That the Second Party shall not release advertisement of any kind, without a written consent and approval from the First Party. The Second Party is prohibited to publish any press release and /or advertisement in any media, directly. In case of breach of this condition, any claim what so ever, by Government or other parties, shall be the sole responsibility of the Second Party and the First Party will have the discretion to impose any penalty as deemed fit without prior notice.
  9. That the Second Party is strictly prohibited from giving sub-association/sub franchisee/ Franchisee to other center or open any branch or extension center at any place other than that mentioned in the agreement in the name of AASHADEEP or in the name of his/her own institute/organization. The second party also cannot take money in any form from any other person/organization in the name of providing his/her franchisee showing Association/affiliation with AASHADEEP. In case it does so, a penalty may be imposed without prior notice and the First Party may cancel his/her franchisee without prior notice.

C. Obligations of the Second Party in case of Autonomous courses of the First Party:

  1. That the study material, brochures, and/or any other material if issued by the First Party, has to be compulsorily provided to all the students at the price prescribed by the First Party.
  2. That the Second Party shall pay the 100% enrollment fee of the students as fixed by the First Party.
  3. That the Second Party cannot permit students of other institutes in AASHADEEP related examinations.
  4. That the Second Party is required to register all its students with AASHADEEP as certificates or diplomas will be issued only to registered students.
  5. That the Second Party is hereby prohibited from issuing its own certificate or certificate of any other institution to the students.
  6. That the Second Party is required to register all the students, who are studying at its training center with AASHADEEP and pay the share to it as stipulated time. The Second Party can not provide to any student at its training center without registering him/her with AASHADEEP. The breach of this condition will lead to financial penalty as it may deem fit by the First Party.
  7. This agreement does not give exclusive rights to training center to work in the area mentioned in the agreement anybody is allowed anywhere to work.
  8. That the Second Party will hang a flex board as per the designed by Head Office on the main entrance to Study center & also hanging a notice board of rules and regulations in Lab & Theory Room.

D. GENERAL

  1. That the agreement shall be valid for a period of 1 year commencing from the date of Signing the agreement. The agreement is renewable at the end of first year at the request of the Second Party before the expiry of the term of contract, subject to fulfillment of satisfactory performance during the contract period.
  2. Govt. taxes/ Deductions, TDS, etc. as applicable.
  3. For all legal purposes the Jurisdiction will be Mukerian(Pb.)
  4. Fee once paid to AASHADEEP will NOT be refunded and/or adjusted under any condition .
  5. The Second Party hereby gives his/her consent that they will work EXCLUSIVELY with AASHADEEP and that their infrastructure will NOT be used for any other Training partner. If it is found that the Second Party is associated with any other Training partner, AASHADEEP reserves its rights to cancel the training center and stop all services without any notice. The breach of this condition might result in levy of financial penalty on the Second Party by the First Party as it may deem to be fit.
  6. The Second Party must adhere to the norms, rules, regulations, guidelines issued by AASHADEEP from time to time related to advertisement, communication, promotion, display, infrastructure, human resource,etc.
  7. The business targets agreed between both the parties must be achieved by the Second Party failing which AASHADEEP will be free to take any decision, which will be binding on the Second Party.
  8. The Second Party will strictly observe the code of ethics laid down by the First Party and a good character and will not make misrepresentation in any manner failing any of this the first party reserves the right to terminate the franchisee without prior notice.
  9. That if the Second Party does any unlawful act and/or indulges in any activity, which is prejudicial to the First Party, the Second Party shall itself be responsible for the same and for all the consequences arising there from.
  10. The fulfillment of all obligations of the First Party under this agreement are subject to timely implementation of the system laid down by the First Party in toto and timely payment of dues by the Second Party. Any written commitment by any authorized representative of First Party shall stand overruled by this agreement.
  11. No modification or addition/alteration in this agreement will be considered valid or binding upon the First Party, unless the same is made under the signature of the Directors of the First Party.
  12. On the expiry of this contract all franchise rights will stand automatically and completely extinguished, without any reference or communication from the First Party and thereafter the Second Party will not be entitled to make use of the name & logo (in full or in part) of the First Party, nor represent the First Party in any manner whatsoever, nor make any collections in the name of the First Party, nor advertise or publicize the name and logo of the First Party, nor use any books, course material, instructional or other promotional material of the First Party, failing which the Second Party will be liable for the legal consequences and a penalty of Rs.500/- per day as damages till the day the Second Party actually complies with the terms of this clause.

E. FINANCIAL TERMS:

  1. (i) Government Projects: That the First Party will pay (i) Rs. 300/- inclusive of tax for SC/ST/ANGANWADI WORKERS &Rs.250/- inclusive of tax for General Category for DISHA Level-1 per successful candidate to the Second Party.
    That the First Party will release all the payments only after receiving the amount from the Govt. of Indiaor any agency or department deputed for the same by the govt. of India.
    The rates mentioned above will attract TDS @ 2%. This amount will be deducted at the time of release of payment. In case any payment is made directly to the Training Center and the Training Center does not have the PAN Number then TDS @ 20% will be deducted and the payment will be made.
    (ii) Autonomous Programs: The Second Party must pay 100% enrollment and 100% prospectus fee per student to the First Party as per the Business Proposal, amended from time to time, at applicable rates
  2. Any change in the fee structure by the First Party will be binding on the Second Party.
  3. That all payments under this agreement shall be made by the way of account payee draft or fund transfer or pay order or through NEFT/RTGS.
  4. That the First Party will not be responsible for any delay in payments or non payment from the concerned department and/or change in government policies or procedures.
  5. The First Party reserves the rights to make changes/alterations in the sharing pattern as and when it deems appropriate.
  6. The Second Party will not have any right to take a legal action against the First Party in case of delays from Government departments, related to payments, certification etc., and change in Government Policies.
  7. That this agreement has been executed between the parties at Mukerian and all payments have been/will be received at mukerian and the First Party has its principle office at Mukerian.
  8. Any disputes between the parties hereto as the meaning, construction or effect to any of the terms and provisions of this MOU or as to the rights of claim of either party under this MOU shall be referred to the sole Arbitrator, who shall be appointed by the first party, failing which the Arbitrator shall be appointed in terms of the Arbitration and conciliation Act, 1996. The Arbitrator proceedings shall be conducted at Mukerian,Punjab. in English Language. Any order, direction, award of the above arbitrator shall be final and binding on both the parties.
  9. Any dispute, beyond negotiation, should be settled within the jurisdiction over the court of law in Mukerian, Punjab. Therefore all the legal proceedings, if any shall be carried out at Mukerian. For all legal purposes the jurisdiction will be only Mukerian (Punjab).
Terms & Conditions