This Software distribution agreement is made between “Banga Infotech
Pvt. Ltd.” and its Authorized Dealer.
Definition of terms: A clear definition of terms used in the agreement, such as “company” "dealer," "software," "territory," “agreement” etc.
"Dealer" - can refer to a company or individual who sells or distributes software product name: e-khata of M/s Banga Infotech Pvt Ltd. Dealers may sell software licenses, provide technical support, and offer training and consulting services. They act as intermediaries between the company and the end customers, providing value-added services to help customers choose the right software solution for their needs. Dealers are often authorized by the software company and receive training, support, and marketing materials to help them sell the software effectively.
"Software - term refers to a set of instructions, data or programs that tell a computer what to do and how to perform certain tasks. Software can refer to various types of computer programs, including operating systems, applications, and utilities.
“Territory” - In the software industry, a "territory" refers to a defined geographic area assigned to a salesperson, dealer, or channel Partner. The term is often used to describe the area of responsibility for a salesperson or dealer who is responsible for selling and promoting software products within that area. The assignment of territories is usually based on factors such as population density, demographics, and market potential.
“Agreement” - means these terms and condition mentioned herein including the recent change/alter/amend/modify/delete/re-phrase time to time for use of e-khata software services.
The appointment of the dealer as an authorized referral partner of the software in a specific territory. The dealer of Banga Infotech Pvt. Ltd. can sell and distribute the software (e-khata) within India. The dealer is given the authority to represent the company product e-khata and sell it within the specified territory. This arrangement benefits both the software company and the dealer, as it allows the software company to expand its market reach, and the dealer to increase its sales and profits by selling the software.
The tenure of the agreement and any renewal provisions.
The tenure of an agreement refers to the length of time it will remain in effect for
one year from date of allotment of dealer code via e-mail, typically
specified in the agreement itself.
This dealership commences on the date of signing this agreement, electronic via online
acceptance or otherwise, and shall remain in effect for twelve (12) months. This Agreement
automatically renews for successive twelve (12) month periods unless there is any breach of
contract or any party notifies the other party in writing, at least thirty (30) days before
the end of the term or any renewals, of its election not to renew.
Either party may terminate this agreement based on any of the following:
I. The other party's failure to comply with any term of this agreement within thirty (30)
days after written notification.
II. The other party's insolvency or the filing of any proceeding by or against that party
seeking relief from creditors.
The company will provide marketing and sales support to authorized dealers, including access to product demonstrations and training on our software and support. We may also provide support for marketing materials, promotional activities and events.
The dealer agree that software owner owns all proprietary rights, including copyrights, patents, trademarks, and trade secrets, in and to the software and that this agreement does not transfer ownership of any of these rights.
Details of the pricing and discounts offered to the dealer, special pricing
arrangementsas
listed on our website.
Commission will be given on monthly basis once client bought e-khata yearly subscription
as
per mutual agreed terms.
The company will invoice its customers and collect all due amount.
The software company's obligation to provide training and support to new enrolled user,
including any specific training requirements for the dealer's sales and support
personnel.
Customer Support: Technical support that is accessible via e-mail or telephone during
normal working hours to customers who purchased the software.
Requirements for the dealer to report sales and other performance metrics to the company.
A confidentiality clause to protect the software company's proprietary information,
copyrights, patents, trademarks and trade secrets.
The Dealer shall keep all the communication made with the Company, any information,
technical data, as a trade secret and shall not divulge the same to any third party,
without prior written permission obtained from the company, in any manner, whatsoever
and either directly or indirectly.
Client documents, Business flow, pricing etc. will work only in betterment of company. If Company shall find any kind of mischief in it, this will be enough reason to immediate termination of contract without any prior notice and due payment.
Privacy policy & Terms and conditions for all users who enrolled through e-khata authorized dealer will be similar as given on e-khata website :
link:-
https://www.e-khata.com/terms-conditions
https://www.e-khata.com/privacy-policy
The dealer relationship may be terminated by either party upon written notice of 30 days. Reasons for termination may include, but are not limited to, violation of this policy, failure to meet sales targets, and breach of the distribution agreement.
Provisions addressing liability and indemnification, including limitations on the
company's liability and the dealer's obligation to indemnify the software company for
any claims arising from the dealer's activities under the agreement.
In no event shall either party be liable to the other for any indirect, special or
consequential damages (including but not limited to loss of anticipated profits) in
connection with or arising out of this agreement or the furnishing, functioning, use,
distribution or marketing of the software or any related item or service provided.
Any dispute pertaining to interpretation, application, fulfillment / breach of any condition of this agreement shall be subject to exclusive Ahmedabad CITY jurisdiction only and Banga Infotech Pvt. Ltd.
We are committed to working closely with our authorized dealers to ensure the success of
our business partnership. By entering into a dealer agreement with our company, you
agree to abide by the terms and conditions set forth in this policy.
Our endeavor is to consolidate our joint efforts in promoting e-khata software in your
region and we look forward to receiving your full support for the same.