1. Term of Contract
This agreement shall become effective upon the execution and delivery
hereof by the parties hereto.The Agreement shall be valid for a term of one year. It
shall be renewed upon the request by the SECOND PARTY 30 days before the
expiry of the Agreement and the approval of the same by the FIRST PARTY.
2.1 Nature of the Business:
FIRST PARTY is a Start Up Company delivering IT Enabled Services
and Consultancy Services which helps common men and small-medium- large
businesses to full fill complex compliance requirements of Indian Laws. It is
driven by Chartered Accountants, Company secretaries, IT professionals, Lawyers
and Influencers, who have vast experiences into the respective fields. FIRST
PARTY is also providing online platform for entrepreneurs to set up their business
as proprietorship firm / private limited company / LLP formation and corporate
compliance service for the ease of doing business in India. It also offers Branding
Services, Trademark Registration, Legal Drafting, Logo Designing, Company
Registration, GST- FSSAI-UDYAM-K-SWIFT-PAN-AADHAAR-IEC related
services for the Start up units . First party have a decade of experience in the
fields of e-Governance related services and Utility bill payment services. First
party is also providing e-commerce and online consultancy services in the field of
Agriculture, Budget Home Construction, Digital Marketing, Finance, Health,
Education, Tours & Travels, Matrimonial, Real Estate, Courier and Laundry
service through their Online Service Portal www.janasevanakendram.com.
SECOND PARTY should act as a CUSTOMER SERVICE POINT (CSP) of
FIRST PARTY at his service area for the FIRST PARTY. Besides, SECOND
PARTY shall also act as a service provider to various Government Departments,
Boards and Corporations for the FIRST PARTY. All these services would be
notified from time to time and SECOND PARTY shall strictly adhere to the
prescribed norms governing delivery of such services.
E-Net makes every effort to ensure that information contained in these pages is
accurate. However, no liability is accepted arising from reliance upon the
information contained in these pages or any other information accessed via
E-Net is not liable for any special or consequential damages resulting from your
use of, or your inability to use, the materials in this site or any linked site,
including, but not limited to, lost profits, business interruption and loss of
programs or other data on your information handling system. In no event
FIRST PARTY shall be liable to the SECOND PARY for all damages, losses,
and causes of action exceed the amount paid by the SECOND PARTY , if
any, for accessing this site or any linked site.
E-Net is not responsible for the content or reliability of the linked websites and
does not necessarily endorse the views expressed within them. Listing shall
not be taken as endorsement of any kind. E-Net can not guarantee that these
links will work all of the time and we have no control over availability of the
The materials at this site and any linked site are provided "as is" and without
warranties of any kind, either express or implied. To the fullest extent
permissible pursuant to applicable law, FIRST PARTY disclaim all
warranties, express or implied, including, but not limited to, warranties of title
and implied warranties of merchantability and fitness for a particular purpose.
E –Net do not warrant that the functions contained at this site will be
uninterrupted or error free, that defects will be corrected, or that this site or
the server that makes it available are free of viruses or other harmful
This website contains links to information hosted on other internet sites, which are
maintained by third parties. E Net is not responsible for any content that is
being provided by others.
Activities of E-Net Janasevanakendram Pvt. Ltd. is recognised by (1) Ministry of
Micro, Small and Medium Enterprises (URN: UDYAM-KL-13-0000346), see
Annexure : 1 (2) Department of Industries and Commerce, Government of Kerala,
Acknowledgment Number: KLMSME-2660/2020, see Annexure : 2 (3) Trade
Marks Registry, Govt. of India Trade Mark No: 3689183, see Annexure: 3 (4)
Ministry of Corporate Affairs, Govt. of India CIN: U74999KL2020PTC064148 ,
see Annexure: 4 (5) Ministry of Commerce & Industry Certificate No: DIPP69501
see Annexure:5 (6) Income Tax Department, Govt. of India PAN: AAGCE0672F
TAN: CHNE03423A (7) State Goods and Service Tax Department, Govt. Of
Kerala GSTIN: 32AAGCE0672F1Z1(8) Kerala Startup Mission Unique ID:
DIPP69501/2020/KSUM1565, see Annexure : 6
The SECOND PARTY is allocated a territory by the FIRST PARTY
and will cover a defined jurisdictional area as decided by both the Parties.
However these would not be applicable in respect of services that do not have any
jurisdictional limitations. For those services where such jurisdictional limits apply,
the SECOND PARTY shall perform their service delivery obligations not
overlapping other CSP’s (Customer Service Point) operational area.
(i) SECOND PARTY shall have the option to operate the Centre either from a
Private premise or Government premises (if provided by Local Bodies) or
Own Premises, which shall be maintained by them at their own cost subject
to conformance of TYPE DESIGN in the prescribed norms issued by the
FIRST PARTY from time to time and will be communicated to the
(ii) If the SECOND PARTY decides to operate from the premises provided by
the Government or any other Private Institutions, the SECOND PARTY
shall have to make sure whether the modifications and Designs and other
Infrastructure requirements shall be permissible or not.
(iii) The SECOND PARTY would be under obligation to maintain the Service
Centre Premises in a good and tidy condition and shall be responsible for its
normal upkeep and security. The SECOND PARTY shall hand-over the
premises at the end of the term of this agreement (or its pre-mature
termination) in good condition, except normal wear and tear to the FIRST
PARTY, If the SECOND PARTY operated service centre at premises of
(iv) The SECOND PARTY shall prominently display the FIRST PARTY’S
board in the premises of the SECOND PARTY. The colour code, size
design of the board and logos should be as per the specifications and norms
of FIRST PARTY. Further, the SECOND PARTY shall have to display in
the prescribed format at the Centre all the services along with fee to be
charged from the service seeker. The SECOND PARTY shall also display
publicity material provided through ENET pertaining to Govt./Private
Schemes from time to time for the benefit of public and the same shall be
done free of cost.
3. Infrastructure & Expenses
(i) SECOND PARTY is responsible for providing necessary furnishings and IT
Infrastructure at the premises. This shall include minimum IT infrastructure
(such as laptop/desktop PCs, printer/scanner, tablet PCs, Web Camera,
Internet connectivity, Biometric Devices, UPS etc.) as per prescribed
technical specifications within 14 days from the date of signing of this
agreement. Such hardware and other IT infrastructure shall comply with the
specified guidelines and shall be kept in a fully operational condition at all
times during the validity of this agreement. Upkeep, maintenance, security
and insurance related to such equipment and premises shall also be the
responsibility of the SECOND PARTY.
(ii) All operating expenses of the SECOND PARTY shall be borne by the
SECOND PARTY. This shall include power consumption as per applicable
rates based on the amount of power consumed, Internet connectivity charges
and other operating expenses such as salaries to their employees, payment to
their service agencies, consumables office stationeries and other business
related expenses. SECOND PARTY agrees to make all payments in full and
in a timely manner so as to ensure uninterrupted operations.
5.1 Electronic Wallet or e-Wallet
Since the SECOND PARTY operator would be authorized to deliver all the
Government, Quasi Government and Private Services, including receipt of all
Government Receipts and Utility/ ULB payments, the SECOND PARTY would be
required to maintain an amount of 2,000/- (Rupees Two Thousand Only) in the e-
Wallet as per requirement of the service.
5.2 Non-Refundable Security Fee
SECOND PARTY shall pay to the FIRST PARTY a non-refundable Security Fee
of 31,000/- (Rupees Thirty one Thousand only) payable upon the execution
6. Undertaking to Adhere to Code of Conduct
SECOND PARTY represents and undertakes that he or his employees,
partners, service agencies, agents and representatives shall adhere to the ‘Code of
Conduct’ that would be instructed by the FIRST PARTY as may be amended from
time to time. Violation of the established code shall be treated as a material breach
7. Undertaking against Fraudulent Practices, Embezzlement of Funds,
Corruption, Bribery, etc.
SECOND PARTY represents and undertakes that he/she will not involve in
any kind of fraudulent practices including but not limited to embezzlement of
funds. Any breach of the aforesaid undertaking by SECOND PARTY or any one
employed by it or acting on its behalf or for its benefit (whether with or without its
knowledge) or the commission of any offence by SECOND PARTY or anyone
employed by it or acting on its behalf, as defined in Chapter IX of the Indian Penal
Code, 1860 (45 of 1860) or the Prevention of Corruption Act, 1988 (Act 49 of
1988) or any other Act enacted for the prevention of corruption shall, without
prejudice to any other legal action, entitle the E-NET to cancel this agreement
either wholly or in part and recover from SECOND PARTY such amount or the
monetary value thereof and the amount of any loss arising from such cancellation
without any entitlement or compensation to SECOND PARTY. The E-NET will
also have the right to recover any such amount from any other contracts concluded
earlier between SECOND PARTY and the E-NET. The SECOND PARTY will
also be liable to be debarred from entering into any contract or relationship with
the E-NET for a period of five years. A decision of the E-NET to the effect that a
breach of the undertaking has been committed shall be final and binding on
8. Service Charges, Billing and Revenue Sharing Model
(i) For services delivered through the SECOND PARTY, the customer would
need to pay prescribed services charges for each transaction. This would be
over and above any Government payments that are applicable. The
SECOND PARTY is obliged to provide a computer generated Tocken or
Invoice for the all such transactions.
(ii) SECOND PARTY shall be obliged at all times not to charge any excess
payment over the prescribed amounts which is reflected in the computer
generated ENET bill. Also, SECOND PARTY should not use any
alternative means for production of such bills including manual receipts.
Violation of this shall be treated seriously and involve punitive action
including the termination of SECOND PARTY Agreement.
(iii) A revenue sharing model has been worked out to ensure sustenance of the
scheme operations in the long run between FIRST and SECOND PARTIES.
The share of revenue to the SECOND PARTY shall be as notified in writing
and published in the First Party’s Service Portal
www.janasevanakendram.com by the FIRST PARTY from time to time.
(iv) The revenue share of the SECOND PARTY shall be transferred to his
authorized bank account not later than 7th day of the following month. The
ENET shall endeavour to transfer such amounts earlier, if possible, keeping
in view the cash flow needs of the SECOND PARTY.
(v) Payments transferred to the SECOND PARTY shall be subject to Service
Tax as applicable under law and such amount shall be remitted to the
9. Terms Governing Service Delivery
(i) Upon compliance of requirements related to the premises and the successful
completion of the necessary orientation training, the SECOND PARTY
would be issued a formal CERTIFICATE of Authorisation, by the E-NET,
to act as the authorised CUSTOMER SERVICE POINT to deliver all the
services covered by the ENET. The concerned line Departments are deemed
to have authorised the SECOND PARTY for this purpose.
(ii) The Authorisation Certificate shall specify the period of validity of such
authorisation and shall be displayed prominently at the SECOND PARTY
premises at all times.
(iii) The SECOND PARTY shall effectively, efficiently and professionally
operate, run and maintain the Service Centre consistent with the directions
of the E-NET. In this regard, it would be the primary responsibility of the
SECOND PARTY to ensure courteous and professional service to the public
and achieve customer satisfaction for the service delivery operations
undertaken by the SECOND PARTY.
(iv) The SECOND PARTY shall get license/Service tax registration or permit
required to be taken as per the prevalent laws, where necessary and
(v) The SECOND PARTY shall open and operate necessary bank account(s) in
a manner that is consistent with the guidelines as prior discussed and
notified by E-NET from time to time, so as to accept payment in the form of
cheques, drafts and such other instruments from the customers in respect of
services rendered by the SECOND PARTY. Further, the SECOND PARTY
shall also make arrangements to make available to the customer, payment
through debit cards, credit cards and such other electronic means as and
when such these are introduced for adoption in the SECOND PARTY
operations. The operations, accounting, settlement and reconciliation
including methods of handling exceptions shall be strictly followed as per
the guidelines that are published by the FIRST PARTY from time to time.
(vi) The SECOND PARTY shall engage qualified and capable staff at his own
cost, having experience in dealing with customer for such services and
provide them necessary training and make their staff members capable to
operate the services of E-NET.
(vii) The SECOND PARTY shall have no right to deny or delay of assigned
rightful services to any citizen during the normal working hours.
(viii) The working hours of the SECOND PARTY shall be ordinarily from 9 AM
to 6 PM on all weekdays except public holidays. The SECOND PARTY
shall have the option of keeping staggered and extended working hours
(including Sundays) based on local needs. It is required that the SECOND
PARTY shall remain operational for no less than 60 (sixty) hours each
(ix) The SECOND PARTY may choose to conduct these operations in other
locations within their defined Jurisdiction in addition to the SECOND
PARTY location allotted to them keeping in view citizen convenience.
SECOND PARTY shall appoint minimum 10 nos. e- volunteers to improve
and sustain the business.
(x) The SECOND PARTY shall deliver all services as may be directed from
time to time using only the authorized software solution and using their
authorized access codes.
(xi) The SECOND PARTY shall give priority to the Government and Quasi
Government services over other services.
(xii) The SECOND PARTY shall give preference to ladies, Senior Citizens and
physically challenged / disabled customer while providing the services.
(xiii) The SECOND PARTY shall be encouraged to use of free open source
software and shall refrain from using any pirated software including license
(xiv) The Service Centre shall be run and managed by the person who is holding
the valid agreement. Such allotment is provided on a non-transferable basis
and he/she shall not represent or manage any other person as a “benami”.
All the liabilities in his personal capacity as the entrepreneur are binding on
SECOND PARTY only.
(xv) The SECOND PARTY shall not engage in any other business or activities
that are in conflict with the SECOND PARTY’s operations within the
designated SECOND PARTY premises.
(xvi) The SECOND PARTY shall honour the commitments with Bankers
/Financial Institutions etc.
(xvii) The SECOND PARTY shall prevent unauthorized use, removal misuse or
damage of any online or physical property allotted by the E-NET as part of
(xvii) Any deviations to normal operations or conditions adopted by the SECOND
PARTY keeping customer convenience and facilitation in mind shall not be
unreasonably withheld, but the SECOND PARTY shall take prior written
permission of the ENET in all such matters. However, due care is to be
taken not to encroach on the share of business of the SECOND PARTY of
the neighbouring localities while doing so.
(xviii) The SECOND PARTY shall maintain necessary accounts and other records,
as required under the law and same shall be made available for
verification/auditing by appropriate authorities as and when required.
(xix) The SECOND PARTY shall verify the record of all transactions done on
daily basis at the E-NET through the software functionality that has been
(xx) That the SECOND PARTY shall be obligated to pay all taxes, fees and other
statutory dues within the stipulated dates, as may be applicable.
(xxi) That the SECOND PARTY shall be solely liable for all the costs and
consequences arising out of the breach or default of any of the terms set
forth in this agreement.
(xxii) The E-NET being a direct interface to the customers, SECOND PARTY
shall keep a suggestion/feedback book in the centre to obtain feedback from
the customers on various services and put up the same to E-NET for
(xxiii) The SECOND PARTY shall use only channels defined by E-NET to resolve
their problems, concerns and grievances to higher authorities and not resort
to other methods such as denial of service etc. These will be deemed as
misconduct and will result in the possible termination of the agreement.
(xxiv) That the SECOND PARTY shall prevent any improper, immoral and
unlawful activities through the E-NET.
(xxv) The SECOND PARTY shall participate in the entrepreneurial/skill
development and other training / orientation programmes related to service
delivery operations as may be necessary from time to time at their own
(xxvi) The SECOND PARTY shall attend all the meetings organized by the FIRST
PARTY in connection with the review of functioning of SECOND PARTY.
10. Termination, Transfer and Suspension
(i) Normal termination of the agreement would happen at the end of the tenure,
(ii) Pre-mature termination of the agreement would happen in case of
insolvency, remaining non-functional for a continuous period of more than
15 (thirty) days, malpractice, misbehaving towards the officials of E-Net and
back office staffs, fraud, misappropriation of funds, acting against public
interest, poor performance and/or due to conditions that may be related to
breach of any material conditions described in this agreement.
(iii) Transfer of Service Centre will be permitted to any one of their immediate
family member subject to receipt of appropriate and adequate level of
documentation on the following grounds:-
a) Death of the SECOND PARTY
b) Permanent disability of the SECOND PARTY
c) SECOND PARTY getting Govt. job
(iv) The SECOND PARTY is free to terminate this agreement on genuine and
reasonable grounds by giving a prior written notice of no less than 90
(ninety) days, if not higher, so as to enable the smooth transition of the
SECOND PARTY operations to another SECOND PARTY who will be
selected through a due process as may be decided by the E-NET. But on
such unfortunate and unpleasant situation due to the irresponsible,
undignified, heedless, superficial attitude of the SECOND PARTY, he/she
has no right to raise a demand for the refund of Security Fee. FIRST
PARTY will spend the said Security Fee to overcome the unpleasant
situation to keep the reputation of E-Net.
(iv) In the case of termination and/or transfer, the new SECOND PARTY shall
execute a fresh agreement.
(v) On violation of any conditions of the agreement and where there is
satisfactory prima facie evidence, the operations of the SECOND PARTY
are liable to be suspended. An enquiry shall be conducted after giving due
notice to the SECOND PARTY and an opportunity of being heard after
which a decision shall be taken in this matter within a period of 30 (thirty)
days. If found guilty of violation and if the same is of serious nature, the
agreement is liable to be terminated and all authorization to the SECOND
PARTY shall be withdrawn. Then FIRST PARTY shall be free to make
alternative service delivery arrangements at its discretion in the event of
such suspension or termination.
The SECOND PARTY is liable to pay an amount of 50,000/- (Rupees Fifty
Thousand only) as Compensation to the FIRST PARTY if SECOND PARTY
fails to (1) set up the centre as per prescribed technical specifications within
14 days from the date of signing of this agreement (2) run the centre for the
period of minimum 3 years (3) to maintain trained computer operators(staffs)
having prescribed Education Qualification and Computer Knowledge and
service portal (www.janasevanakendram.com) user knowledge with E-Net
Certification (4) to find minimum number of Tocken and Invoice generations
through proper marketing effort and delivery of services.
12.Legal Relationship of SECOND PARTY
(i) This Service Agreement is a private business agreement wherein the
SECOND PARTY, in his or her individual capacity, acts as an authorized
agent to enable electronic delivery of citizen services as per the vision and
model envisaged by the E-NET. While this service envisages positive
returns for the SECOND PARTY, no guarantee of income is provided
(ii) The SECOND PARTY success will be determined by his or her desire,
dedication, efforts, knowledge, experience, entrepreneurial/ financial/ other
capacity, ability to follow directions and personal talent. As with any
business, the results can vary and the SECOND PARTY is expected to the
risks involved in the Scheme.
(iii) The SECOND PARTY provides authorization to deliver electronic services
on behalf of E-NET. It does not create any right or automatically entitle
SECOND PARTY and its employees, agents and representatives to be
provided with employment of permanent or temporary in nature with FIRST
(i) The SECOND PARTY shall protect the confidentiality and privacy of all
citizens’ data and shall undertake to exert all reasonable care in handling all
such data arising in the normal course of service delivery and refrain from
any unauthorized use or misuse of such data.
(ii) The SECOND PARTY shall keep such data for the exclusive benefit of the
customer with his concern. The SECOND PARTY further agrees that they
will not maintain copies of any such data, unless authorized to do so by the
customer for justified business requirements, including sharing such data
with third parties for any other purpose for commercial reasons or otherwise.
Neither Party to this agreement shall be liable to the other for delay or default
in performance of its obligations or any loss or damage which may be suffered by
the other directly due to a Force Majeure event provided that the affected Party
notifies the other Party of such event and its likely effects and duration as soon as
possible and takes all reasonable steps to mitigate the losses/disruption.
Any dispute or difference, whatsoever, arising between the parties to this
agreement arising out of or in relation to this agreement shall be amicably resolved
by the Parties through mutual consultation, in good faith and using their best
endeavours. Parties, on mutual consent, may refer a dispute to a competent
individual or body or institution or a committee of experts appointed for such
purpose and abide by the decisions thereon.
(i) All notices, requests or consents provided for or permitted to be given under
this Contract shall be in writing and shall be deemed effectively given when
personally delivered or mailed by pre-paid certified/registered mail, return
receipt requested, to the addresses of the parties mentioned herein and shall
be deemed received three (3) days after mailing or on the date of delivery if
(ii) Any Party may change the address to which notices are to be directed to it
by notice to the other party in the manner specified above.
(iii) A notice served on a Party’s Representative shall be taken to be as notice to
17.Governing Law and Jurisdiction
This agreement and all questions of its interpretation shall be construed in
accordance with the Laws of India with the District Courts of the FIRST PARTY
location having jurisdiction.
IN WITNESS WHEREOF the parties hereto set and as subscribed their respective
hands and seals, the day and year hereinabove written.
SIGNED SEALED AND DELIVERED BY:
THE FIRST PARTY :
Founder & Executive Director,
E-Net JANASEVANAKENDRAM PRIVATE LIMITED
THE SECOND PARTY
In the presence of witnesses