Terms & Conditions Business

Terms and Conditions for Business Opportunity

1. Opportunity Overview

1.1. Business Opportunity: The Company offers a business opportunity to Partners to promote and expand the reach of the Company’s 3D printing services and brand within designated regions in India.
1.2. Scope: The Partner’s activities may include marketing, sales, client acquisition, and providing support services, all in accordance with the Company’s guidelines. The specifics will be detailed in a separate Partner Agreement.

2. Partner Eligibility and Onboarding

2.1. Eligibility: Applicants must meet the criteria set by the Company, including but not limited to:

Legal age and capacity to enter into contracts.
Valid business registration, if applicable.
Financial stability and resources.
Relevant experience or qualifications.
2.2. Application and Agreement: Interested parties must submit a complete application. If approved, the Partner will enter into a separate “Partner Agreement” with the Company, which will detail the specifics of the business relationship, including rights, responsibilities, and financial arrangements.
2.3. Training and Support: The Company will provide initial training and ongoing support to Partners to ensure they can effectively represent the brand and deliver services.

3. Providing Machines and Related Terms

3.1. Provision of Machines:

The Company may provide 3D printing machines to the Partners as part of their business opportunity. The specifics of the machine provision, including model, quantity, delivery, and installation, will be detailed in the Partner Agreement.

3.2. Ownership and Usage Rights:

The Machines provided to the Partner remain the exclusive property of the Company at all times. The Partner is granted limited, non-transferable rights to use the Machines solely for business activities related to promoting and providing 3D printing services under the terms of this Agreement. The Partner shall not sell, lease, or sublease the Machines, nor transfer or assign usage rights to any third party.

3.3. Machine Maintenance and Upkeep:

Maintenance: The Partner agrees to maintain the Machines in good working condition and comply with the Company’s maintenance and operational guidelines to ensure optimal performance.
Repairs and Support: The Company will provide repair services and technical support for the Machines, subject to warranty terms. The Partner must notify the Company promptly in case of any malfunction or issues.
Costs: The Partner shall be responsible for the costs associated with repairs resulting from misuse, negligence, improper handling, or failure to follow maintenance guidelines. Regular wear and tear are not the responsibility of the Partner, provided the Machines are maintained according to the Company’s guidelines.
3.4. Machine Usage:
The Machines provided are strictly for business purposes only and must not be used for personal activities or any purpose not authorized by the Company. The Partner agrees to follow all operational instructions, safety protocols, and guidelines provided by the Company regarding the operation and handling of the Machines. The Partner is responsible for ensuring that their staff is adequately trained to use the Machines properly and safely.

3.5. Machine Upgrades and Replacement:

The Company reserves the right to replace, upgrade, or swap the Machines with newer models or alternative equipment as necessary for operational efficiency or technological advancements. Any machine replacement or upgrade will be communicated to the Partner, and such actions will be done in accordance with the terms outlined in the Partner Agreement. The Partner agrees to accept and operate any replacement or upgraded Machines provided by the Company, subject to similar terms and conditions.
3.6. Liability for Damaged Machines: The Partner is responsible for ensuring that the Machines are protected from damage, theft, or misuse. If the Machines are damaged beyond normal wear and tear, the Partner agrees to compensate the Company for the cost of repairs or replacement. This compensation may be assessed by the Company, based on the extent of the damage and the cost to restore or replace the Machines.
3.7. End-of-Agreement Responsibilities: Upon the termination or expiration of the Partner Agreement, the Partner will continue to use the Machines under the agreed terms until the end of the specified term. The Partner shall continue to uphold their responsibilities for machine maintenance and upkeep until the end of the partnership, and any outstanding maintenance issues or damages must be resolved before the term’s completion. The Partner will not be required to return the Machines upon termination of the Agreement, as the Machines remain the property of the Company.

4. Branding and Marketing

4.1. Brand Promotion: Partners are authorized to promote the Company’s brand and services in accordance with the Company’s branding guidelines.
4.2. Marketing Materials: The Company will provide approved marketing materials, and Partners must use only these approved materials. Partners may not create their own marketing materials without prior written consent from the Company.
4.3. Brand Usage: Partners shall use the Company’s trademarks, logos, and brand name (“Company Brand”) only as authorized by the Company and in accordance with the Company’s brand guidelines. Any unauthorized use of the Company Brand is strictly prohibited.

5. Sales and Client Takeover

5.1. Sales Targets: Partners may be assigned sales targets or performance goals as outlined in the Partner Agreement.
5.2. Pricing and Service Delivery: Partners must adhere to the Company’s pricing policies and ensure that all services are delivered to clients in accordance with the Company’s quality standards.
5.3. Client Agreements: All client agreements must be consistent with the Company’s standard terms and conditions, or as otherwise approved in writing by the Company.

6. Financial Terms

6.1. Compensation: The financial terms, including commission structure, fees, and any other compensation, will be detailed in the Partner Agreement.
6.2. Invoicing and Payment: The Company will issue payments to Partners as per the schedule and terms outlined in the Partner Agreement.
6.3. Expenses: Unless otherwise agreed in writing, Partners are responsible for all their own business expenses, including but not limited to marketing, travel, and operational costs.

7. Term and Termination

7.1. Term: The duration of the partnership will be specified in the Partner Agreement.
7.2. Termination by Company: The Company may terminate the Partner Agreement for reasons including, but not limited to:

Partner’s breach of these Terms or the Partner Agreement.
Failure to meet performance targets.
Conduct that harms the Company’s brand or reputation.
7.3. Termination by Partner: Partners may terminate the Partner Agreement with prior written notice as specified in the Partner Agreement.
7.4. Effects of Termination: Upon termination, the Partner must cease all use of the Company Brand and return any Company property, including marketing materials and confidential information.

8. Confidentiality

8.1. Confidential Information: Partners must keep confidential any information related to the Company’s business, including but not limited to pricing, marketing strategies, client lists, and technical information.
8.2. Non-Disclosure: Partners shall not disclose any Confidential Information to any third party without the Company’s prior written consent.

9. Intellectual Property

9.1. Company Ownership: The Company retains all ownership of its Intellectual Property, including the Company Brand, trademarks, copyrights, and any proprietary technology related to its 3D printing services.
9.2. No Infringement: Partners shall not infringe on the Company’s Intellectual Property Rights.

10. Compliance with Laws

10.1. Indian Laws: Partners must comply with all applicable laws and regulations in India, including but not limited to those related to business operations, taxation, and data protection.

11. Limitation of Liability

11.1. Liability Cap: To the maximum extent permitted by law, the Company’s liability under this Agreement shall be limited to [Specify Amount or Formula, e.g., the total commissions paid to the Partner in the preceding [Number months].
11.2. Exclusion of Damages: The Company shall not be liable for any indirect, incidental, consequential, or special damages.

12. Compensation

12.1. Partner Responsibility: Partners agree to compensate and hold the Company harmless from any claims, losses, or liabilities arising from the Partner’s activities under this Agreement, including but not limited to:

Breach of this Agreement.
Negligence or misconduct.
Disputes with clients.

13. Governing Law and Dispute Resolution

13.1. Governing Law: These Terms and the Partner Agreement shall be governed by the laws of India.
13.2. Negotiation: Any negotiation arising out of or relating to these Terms or the Partner Agreement shall be resolved through [Specify Dispute Resolution Method, e.g., arbitration] in accordance with the rules of [Specify Arbitration Organization, e.g., the Indian Council of Arbitration]. The venue for such arbitration shall be Visakhapatnam, Andhra Pradesh.

14. Entire Agreement

14.1. Complete Terms: These Terms and the Partner Agreement create the entire agreement between the parties and replace all prior agreements and understandings.