Post Job Free

Resume

Sign in

A Truck First Party

Location:
Delhi Division, Delhi, India
Posted:
November 27, 2023

Contact this candidate

Resume:

*

GENERAL AGREEMENT

This Agreement is made at Panaji on this 07th day of November, 2023. entered between, NOVALIFE CONSULTANCY PRIVATE LIMITED, a Private Limited Company registered under the Companies Act, 2013, the Corporate Identity Number of the Company is U74999GA2022PTC015133, having its registered address at Office No.831, Gera’s Imperium Star, Patto Plaza, Panjim, Goa, India – 403001 (which includes its assignors, executors, representatives), hereinafter referred to as the ‘FIRST PARTY’

AND

2

Mr. MOHAMMAD SHAH, S/o: Mohammad Mustafa, R/o: Vill Bhodpur, PO Mawana, Dist. Meerut, Uttar Pradesh, Mobile No: +966-*********, Passport No. P6301593 (which includes its assignors, executors, representatives, Guarantor), hereinafter referred to as the ‘SECOND PARTY’ RECITALS

A. WHEREAS

Novalife Consultancy Private Ltd (the First Party) is in the business of providing global recruitment services and providing advisory, and consultancy services to various individuals who wish to work abroad.

B. WHEREAS

The Second Party has approached and requested the First Party to avail their expertise services with regard to working abroad as a Trailer/Truck Driver in consideration of the payment made by the Second Party (as mentioned below in the hereafter) and under the terms and conditions mentioned in this Agreement.

C. WHEREAS

By the representations and warranties provided by the Second Party, the First Party is ready to provide all the necessary services required for the placement and relocation of the Second Party abroad under the agreed payment plan and terms and conditions of this Agreement. NOW THEREFORE THE FIRST PARTY AND THE SECOND PARTY AGREE AS FOLLOWS: -

1. DEFINITIONS AND INTERPRETATION

1.1 In this Agreement, unless the context otherwise implies, the expressions defined hereunder shall have the respective meaning assigned to them: –

1.2 Agreement shall mean this document including the schedules and exhibits attached to it. 1.3 Service Provider shall mean the party set out as such above. 1.4 Standard Services shall mean those services related to the Placement/Immigration and relocation of the Second Party and more particularly set- out in the Agreement. 1.5 Confidential Information" shall mean any and all information relating to this agreement and the transactions contemplated herein, including the existence and terms of this agreement or other information which under the circumstances of disclosure ought to be treated as confidential or is notified as being confidential by the party disclosing such information, but shall not include information:

(a) that is already in the public domain other than by breach of this agreement; 3

(b) that is later acquired by a party from a source not obligated to any other party hereto, or its affiliates, to keep such information confidential;

(c) that was previously known or already in the lawful possession of a party, prior to disclosure by any other party.

Capitalized words and expressions shall have the meanings assigned to them.

(a) The First Party and the Second Party will be hereinafter collectively referred to as

“Parties” and individually as “Party”.

(b) The terms “hereof”, “herein”, “hereby” and/or “hereto” and derivative or similar words refer to this entire Agreement or specified sections of this Agreement, as the case may be.

(c) Reference to the word “include” shall be construed without limitation.

(d) The Schedule and Annexures annexed hereto shall constitute an integral part of this Agreement.;

(e) the table of contents, background section and any clause, schedule or other headings in this Agreement are included for convenience only and shall have no effect on the interpretation of this Agreement.;

(f) a reference to a ‘party’ includes that party’s personal representatives, successors and permitted assigns;

(g) a reference to a ‘person’ includes a natural person, corporate or unincorporated body, in each case whether or not having separate legal personality, and that person’s personal representatives, successors and permitted assigns;

(h) a reference to a ’company’ includes any company, corporation or other body corporate, wherever and however incorporated or established;

(i) words in the singular include the plural and vice versa;

(j) any words that follow 'include', 'includes', 'including', ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words;

(k) a reference to ‘writing’ or ‘written’ includes any method of reproducing words in a legible and non-transitory form, excluding email;

(l) a reference to legislation is a reference to that legislation as (in force at the date of this 4

Agreement OR amended, extended, re-enacted) or consolidated from time to time, except to the extent that any such amendment, extension or re-enactment would increase or alter the liability of a party under this Agreement; 2 Provision of Services

1. The First Party will provide their expertise services to the Second Party who has approached the First Party with a request to avail their Services with regard to working abroad as a Trailer/Truck Driver.

2. The First Party will provide, assist and pay for disbursements in order for the second party to take up employment abroad. The services to be provided by the First Party to the Second Party are as follows: -

A. screening and profiling documents of the Second Party B. Providing necessary communication training to get work abroad C. Assisting in obtaining a work permit.

D. Assisting with a visa process/Temporary Residence card. E. Providing guidance to the Second party as and when required. F. Providing Pre- and Post-departure assistance.

3. The First Party will provide the best of services and put in the best efforts in their complete knowledge, and experience to obtain a positive result for the Second Party, however, it is made clear that at no point in time, the First Party, guarantees or assures the outcome of the decision by the concerned embassy/consulate/office or any other authority related in this process. 4. The Second Party hereby confirms that the Second Party shall provide all relevant genuine documents in order to support all the qualifications claimed including but not limited to Educational qualification, Experience letter, Police Clearance Certificate, Medical fitness Certificate, Driving License, International Driving Permit etc and also ready to produce the original documents as per requirements.

3 PAYMENT OF FEES AND DISBURSEMENTS

1. It has been agreed between parties that, the services that are being provided include the expertise of the First Party who would initially bear the expenses on behalf of the Second Party and it is the liability of the Second Party to pay/repay expenses initially born by the First Party towards the availed services by the Second Party. Further, at no juncture of time in future, the Second Party or any of its representative/s would challenge or dispute the fee structure/payment plan of the First Party more particularly mentioned in the Agreement. 2. It is agreed between the parties that the services, which have been agreed between the parties are paid services and same are payable via mode of inward remittance to be issued legally by 5

the Second Party in favour of First Party, immediately upon fulfilment of the undertaken services i.e., in three stages detailed below –

i. Upon Enrolment

ii. Upon Issuance of a Work Permit as per the specification of the country/ies iii. Upon grant of work visa/TRC appointment by the relevant Embassy/Consulate

3. It is agreed that the Second Party hereby accept and acknowledges the liabilities for the costs incurred in the course of the employment and relocation of the Second Party and is ready to pay in the manner, sum and period predetermined by the First Party under this Agreement. 4. It has been agreed between the parties that, the Second Party after initiation of the process in case withdraws from the process (after signing this Agreement) and before a decision is provided by the relevant authority (maximum time until completion of the process will be 6 months with a grace period of 30 working days from the time of signing of this Agreement by both parties), then in this eventuality, the Second Party would be liable to pay penalty charges. 4. DEFAULT AND PENALTY AND GUARANTEE

1. The following acts shall be deemed to fall within the meaning of a default by the party of the Second Party: -

a. The non-payment of any dues as have been aforementioned in this agreement shall qualify as a default;

b. The failure to provide the requisite documents as enlisted within the document namely this agreement shall also qualify as a default.

c. The failure to follow statutory obligations and or any legitimate requirements by authorities duly appointed by the government shall fall within the meaning of default. 1. It is agreed between the parties that, in the event of default by the Second Party, the balance/residual sum is recoverable as per the terms of this Agreement shall become due and payable immediately upon first intimation by way of written notice by the First Party. 2. It has been agreed that the Second Party would provide a guarantor to the satisfaction of the First Party and the guarantor would bear all responsibility for the payment of service fee/penalty etc. in case the Second Party is unable to clear its liability or is intentionally avoiding payment due to any reason. The guarantor will provide his ID, and written confirmation by mail regarding the guarantee of payment of service fees/penalties / other expenses etc. He shall also be jointly liable for payment of the Second Party.

6

5 Refund policy

The Parties agreed to the following refund policy which shall form a part and parcel of this agreement In the event of any conflict between the terms of this Agreement and this refund policy shall prevail. 1. The parties agree that the actual cost spent by the party of the First Part, a sum of rupees INR 15,000 the minimum sum which shall necessarily be deducted before making any refund payment to the party of the Second Part in the case of second party withdraw its enrolment within the period of 2 months from the date getting clearance from training and quality department.

2. In the event that a work permit process has been started by the First Party and the Second Party opts to withdraw the Process or terminate the Agreement then in that event the First Party has a right to forfeit an amount of Rs.45,000 (Rupees Forty-five Thousand Only) and refund all the balance money to the Second Party.

3. In the event, that the work permit is granted to the Second Party and the Second Party opts to withdraw the Process or terminate the Agreement then in that event the First Party has a right to forfeit an amount of Rs 90,000/- (Rupees Ninety Thousand Only) and refund all the balance money to the Second Party.

4. In the event, that the work visa process is started by the First Party and the second party opts to withdraw the process or terminate the Agreement then in that event the First Party has a right to Forfeit an amount of Rs. 1,80,000/ (Rupees One lacs Eight Thousand Only) and refund all the balance amount.

5. It is agreed between the parties that expenses towards the Visa fee and any other statutory charges shall always be borne by the party of the Second Part. 6. In the event a work visa has been granted no refund shall be provided to the party of the Second part.

7. In the event that there is a refusal by the relevant consulate/embassy to grant a work visa or TRC the Party of the Second Part and the Party of the First Part shall mutually agree to re- file/re-start the process to get a work Visa for the Second party without any additional charges. In case of second-time refusal by the relevant consulate/embassy to grant a work visa to the Party of the Second Part then the Party of the First Part shall deduct an amount of Rs.90000/-

(Rupees Ninety Thousand Only) and refund the balance amount to the First Party. 8. In the event, of second refusal as mentioned in clause 7 above, by the relevant consulate/embassy, the party of the First part may offer and the Party of the Second Part may opt to start a new process. The signing amount of the new Process will be an amount of Rs. 45000/- (Rupees Forty-Five Thousand).

However, all such refunds shall be subject to that which is stated herein below in this policy 9. In the event that there is a refusal for grant of a work permit or work visa and the same has been on account of any of the following viz.

7

a. Non-provision of information required for obtaining a work permit or work visa; b. failure to disclose prior travel bans and or similar transgressions by the party of the second part;

c. failure to comply with the requirements of any legally constituted authority; d. failure to adhere the timelines and relevant periods wherein participation by the party of the second part is mandated;

e. failure to make timely payments so as to ensure that the processing of the work permit and or work visa approval does not suffer;

f. failure to pass any tests and or other similar requirements by duly constituted authority required for the permit;

g. failure of the First Party to secure the work permit for the Second Party within 6 (six) months with a grace period of 30 working days from the date of clearing the interview with the First Party designated department and authority as mandated for securing the work permit only in such a scenario the Second Party is permitted to seek or claim a refund. However, all such refunds shall be subject to that which is stated here in below in this policy.

In the event that any of the defaults as aforementioned above in clause a. to f. occur the party of the second part shall not be entitled to any refund and shall immediately forgo the sums in question on account of the default as aforementioned.

5. It is accepted by the Second Party that the Second Party shall work with the company for a minimum period of one year.

6. The Second Party has properly and thoroughly gone terms and conditions of the present Agreement duly signed after reading and accepting the same. The Second Party has read and accepted the Agreement which was forwarded to the Second Party on the email of the Second Party. The print of the Agreement was taken by the Second Party and the Second Party has put its genuine signatures on the Agreement and has accepted the terms, subsequently the hard copy has been dispatched to the First party by the Second Party. Moreover, the Second Party also accepted the correctness and genuineness along with all terms of the Agreement via email also. 7. The Second Party would be legally bound to meet up and adhere to all requirements as have been specified and mentioned by the First Party or the institutions selected by the First Party for availing the services. The same intimation would be forwarded on registered e-mail id of the Second Party and be will be considered as a written communication for all purposes. 8. The Second Party and its representative including guarantor have read the present agreement understood it and admit that they would abide by the terms and conditions of the Agreement. The Second Party also admits that in future, it would not challenge the present Agreement. 9. That the terms and conditions as mentioned in the Agreement would be confidential, no party would provide copy of the Agreement, wherein the terms have been settled to the third party at any stage.

8

10. All disputes arising out of or in any way connected with this agreement shall be deemed to have arisen in Panaji Goa and only courts in Panaji-Goa shall have jurisdiction to determine the same. IN WITNESS WHEREOF, the parties hereto have set their respective hands, to this Agreement to be executed as of the day and the year herein above written. First Party: Second party:

FOR NOVALIFE CONSULTANCY MOHAMMAD SHAH

PRIVATE LIMITED

Represented by: Monal Sachdeva

CEO- Founder

9

SCHEDULE-I

PAYMENT PLAN

Stage of Service Payment Details

Upon Enrolment

INR 45,000

Upon Issuance of a Work Permit

INR 1,35,000

Upon grant of work visa/TRC appointment by the

relevant Embassy/Consulate

INR 1,80,000

10

Guarantor of Second Party

I, S/o R/o, holding Aadhar card No. being representative of the Second party admit and ensure that we have gone through the terms and conditions of the present settlement; the same are admitted to be correct. I personally assure you that the Second party would rely upon all the terms and conditions mentioned in the agreement.

Signature of Guarantor

First Party: Second party:

FOR NOVALIFE CONSULTANCY MOHAMMAD SHAH

PRIVATE LIMITED

Authorized Signatory

Signature Signature



Contact this candidate