Download as pdf or txt
Download as pdf or txt
You are on page 1of 6

BUSINESS PARTNER

AGREEMENT

THIS AGREEMENT made and entered into at Ahmedabad this 04th day of M a r c h 2015.

BETWEEN

NB VISA WORLD PVT. LTD., a Private Limited company having its registered office at 4th Floor, J.
B. House, Near Ishwar Bhuvan, Commerce Six Road, Navrangpura, Ahmedabad - 380014.Gujarat,
India. (hereinafter referred to as the “NB VISA WORLD PVT. LTD.” which term shall, unless
repugnant to the context or meaning thereof, be deemed to mean and include its successors
and assigns) of the ONE PART;

AND

XXXXXXX Immigration Company (Mr. XXXXXX) a sole proprietorship concern having its registered
office at Address: XXXXXX Gujarat, INDIA . Herein after referred to as the “BUSINESS PARTNER”
of the Other Part;

Whereas NB VISA WORLD PVT. LTD., a Private Limited company having its registered office
at 4th Floor, J. B. House, Near Ishwar Bhuvan, Commerce Six Road, Navrangpura, Ahmedabad
- 380014. Gujarat, India. Is inter alia in the business of recruiting students / prospect migrant /
Immigrant, willing to study / Settle in Canada, New Zealand, Australia, USA, UK etc. on behalf of
Colleges/ universities/ private institutions/ their business associates/ Immigration lawyers.

Whereas the BUSINESS PARTNER being desirous of undertaking recruitment of students


/ prospect migrant / Immigrant for abroad, recognizing the benefits to be derived from being
associated with NB VISA WORLD PVT. LTD. and technical assistance rendered by NB VISA
WORLD PVT. LTD.; has requested to be associated with NB VISA WORLD PVT. LTD..

Such request having been accepted by NB VISA WORLD PVT. LTD., the parties now desire
to record the terms and conditions agreed upon by executing this Agreement.
NOW THEREFORE THIS AGREEMENT WITNESSETH and it is hereby agreed by and
between the parties hereto as follows:

2. TERM

th
2.1 This Agreement shall be deemed to have come into force and effect from the 04
day of March 2014.

2.2 Unless otherwise terminated in accordance with the provisions of this Agreement, the
term of this Agreement shall be for a period of 1 (One) year, effective from 04th day of
March 2014.
2.3 Upon the expiry of such term, the Agreement may, be renewed by mutual
agreement; subject to Business Partner have already paid Non Refundable one-time
payment to NB VISA WORLD PVT. LTD. Towards the administration and misc. expenses.

3. NB VISA WORLD PVT. LTD.’s Responsibilities -

3.1 For the consideration and upon the other terms and conditions hereinafter provided.
NB VISA WORLD PVT. LTD. agrees to provide the BUSINESS
PARTNER technical knowhow and assistance in getting the offer letter / admissions letter
/ Government approvals / Visa application file preparation / Interview Preparation during
the period of this Agreement for registered clients.

3.2 NB VISA WORLD PVT. LTD. will also arrange to provide the BUSINESS PARTNER from
time to time and allow using any updates of high commission, as are available to it, and
considered by it to be appropriate.

4. BUSINESS PARTNER’s Responsibilities-

4.1 All marketing expenses, salary, rent, office expenses, telephone expense & capital
investment for Computers, Printer, Fax, Internet provider, furniture & fixtures, telephones
and any other expense for recruiting students / prospect migrant / Immigrant, willing to
study / Settle in abroad will be made by BUSINESS PARTNER. No reimbursement or
depreciation or any kind of investment will be made by NB VISA WORLD PVT. LTD..

4.2 BUSINESS PARTNER, at any point of time or in any circumstances during the contract
and within next one years of termination of a contract, cannot approach directly to the

Colleges/ Universities/ Institutes/ their business associates/ Immigration lawyer &


consulate for any type of work. In the event of BUSINESS PARTNER breaking this clause, NB
VISA WORLD PVT. LTD. can file a legal suite against the BUSINESS PARTNER for claiming the
loss in all the aspects of business.

4.3 BUSINESS PARTNER has to provide all correct information of their student &
Provide NB VISA WORLD PVT. LTD. with all necessary scanned copy / notarized copy /
original academic documents, passports & other related papers needed to process the
registered client’s application.

4.4 BUSINESS PARTNER will not lodge the registered client’s Visa Applications file with the
Concerned Authorities High Commission / Visa Office / VFS Centers without getting prior
Written Approval from NB VISA WORLD PVT. LTD..

4.5 Business Partner will pay Nonrefundable fees to NB VISA WORLD PVT. LTD. at the time of
entering into an agreement as decided. This fee includes consultancy & training charges. All
Govt. charges like service tax etc. will be extra.

5. GENERAL TERMS & CONDITIONS

5.1 BUSINESS PARTNER has no right to collect any unethical or abnormal amount under any
head from the Student / Prospect Immigrant or registered client.

5.2 In the case of rejection of approval / visa, the original fee draft or fresh draft prepared by
respective institute or refund from associates / attorney will take at least 01 (one) to 3
(three) months & so the client & BUSINESS PARTNER will get their fee drafts / Payment
back between 35 to 95 days as per agreement if amount is refundable.

5.3 In case of success of visa, BUSINESS PATNER will receive the commission from NB VISA
WROLD PVT. LTD., once NB VISA WORLD PVT. LTD. Receives the commission from the
Respective Institute / Associates / Attorney. The normal duration 35 to 95 days from the Date
the student enrolls / payment request generated.

5.4 I n any case, the client of the BUSINESS PARTNER will not be considered as a
client of NB VISA WORLD PVT. LTD.. And so the client of the BUSINESS PARTNER
cannot approach directly to NB VISA WORLD PVT. LTD. under any disputes arising
between the BUSINESS PARTNER and its clients.

5.5 Neither party shall disclose the existence, or the terms and conditions, of this
Agreement or any information connected with it or any information received from the other
Or otherwise during the implementation of this Agreement or its subsequent amendments,
If any, except as may be required by law or on a strictly “need to know” basis for the
Purpose of implementing this Agreement or its subsequent amendments, if any unless
Prior written consent of the other party shall have been obtained in advance.

5.6 I f any of the provisions of this Agreement are held to be invalid, illegal or enforceable, this
shall not affect the validity, legality or enforceability of the remaining provisions.

5.7 The failure of either party to enforce any of its rights under this Agreement at any time shall
not constitute a waiver of the right.

5.8 T h i s Agreement supersede all proposals or other prior representations or


Communications either oral or written.

6. Consideration and Payments –

In consideration for all the obligations and covenants herein contained it is mutually
agreed that NB VISA WORLD PVT. LTD. shall pay to BUSINESS PARTNER on all its
clients who has successfully received approvals / visas by the respective authorities /
high commission,

The commission will be as per mutual understanding / it will be communicated to Business


Partner time to time on E-Mail.

For Student on net Tuition fee’s which doesn’t include administrative, material, OSHC
charges insurance charges, student activity fee, student building / Accommodation fee,
Technology Fee (Tuition fees will not include earn/grant scholarship to student from
university/ college at time of offer / Admission).

The commission / refund payment to the BUSINESS PARTNER will be made


within 35 to 95 days after the student enrolls in the respective institution / payment
request generated. In case of tax levies or surcharge or any incidence levied presently or
in future, on the above consideration towards the admission / process as BUSINESS
PARTNER, the same will have to be borne by the BUSINESS PARTNER.

7. TERMINATION AND CONSEQUENCES OF TERMINATION

7.1. NB VISA WORLD PVT. LTD. shall be entitled to forthwith by notice terminate Agreement in
The event of :
7.1.1 any breach of any of the terms and conditions of this Agreement by BUSINESS
PARTNER and failure by BUSINESS PARTNER to rectify such breach within a
period of 10 (Ten) days from the receipt of the notice in this regard; or

7.1.2 Consistent fall in the service quality of BUSINESS PARTNER and which service quality
BUSINESS PARTNER is unable to improve to the satisfaction of NB VISA
WORLD PVT. LTD. Within a period of 10 (Ten) days of receipt of a notice intimating Such
fall in the service quality or

7.1.3 Mismanagement on the part of the BUSINESS PARTNER ;

7.1.4 BUSINESS PARTNER abandons or fails to actively operate the Business;

7.1.5 BUSINESS PARTNER is convicted by a court of a crime or offence that is likely to


adversely affect the reputation of BUSINESS PARTNER, NB VISA WORLD PVT. LTD.
or the Business;

7.1.6 BUSINESS PARTNER becomes insolvent, makes a general assignment f or the benefit of
its creditors, applies for or consents to the appointment of a receiver, trustee, or liquidator
of all or a substantial part of its asset, is provisionally or finally sequestrated or
liquidated, or fails to pay its debts and obligations as they fall due in accordance with
normal business practices;

7.2. In the similar manner, BUSINESS PARTNER shall also be entitled to forthwith by notice
terminate this Agreement if NB VISA WORLD PVT. LTD. is found to breach any terms
and conditions in this agreement.

7.3 The expiry / termination of this Agreement will be without prejudice to the rights and claims
of either party which may have accrued or arisen prior to the termination.

8. Limitations of Liability

8.1 NB VISA WORLD PVT. LTD. is not liable to pay anything to the BUSINESS PARTNER
against any kind of losses that occur to the BUSINESS PARTNER arising from
performance or non–performance.

8.2 In no event will either party be liable for any loss of profits or savings, incidental or
consequential damages or any damages based on any third party claims or for any claims
or demands whatsoever arising out of any performance or non- performance of the other,
even if the said party has been advised of the possibility of any such damages.

9. Arbitration

9.1 Any disputes whatsoever between the parties which cannot be settled by mutual
negotiations will be settled by arbitration at AHMEDABAD under and in accordance with the
Arbitration and Conciliation Act, 1996 and, in respect of any matter relating to such
arbitration, the courts at AHMEDABAD will have exclusive jurisdiction.

9.2 Any disputes whatsoever between the BUSINESS PARTNER and any other
BUSINESS PARTNERs of NB VISA WORLD PVT. LTD., which cannot be settled by mutual
negotiations, will be settled by the decision of NB VISA WORLD PVT. LTD. which shall be
final binding upon the BUSINESS PARTNER and such other BUSINESS PARTNERs. In
case, the BUSINESS PARTNER still goes to the court, then the jurisdiction will be at
Ahmedabad only.

10. Complete Agreement

This Agreement represents the sole and entire agreement between the parties as to the
subject matter hereto and supersedes and excludes all prior negotiations, representations,
understandings, writings and agreements relating to such subject matter.

11. Notices

Any notices or other communications to be sent by one party to the other under this
Agreement shall be sent by registered post to the address of the concerned party shown in
this Agreement or shall be sent via electronic mail on the internet.

IN WITHNESS WHEREOF the parties have caused this Agreement to be executed on their
respective behalf at AHMEDABAD on the day and year first above written.

SIGNED and DELIVERED for and on behalf of SIGNED and DELIVERED for and on
NB VISA WORLD PVT. LTD. behalf of XXXXX International Company

Mr. Janak Nayak Mr. XXXXXXX


Managing Director Proprietor

You might also like