TERMS AND CONDITIONS
*Franchise will be provided only for the experienced candidate and On exclusive basis for the selected location.
*Franchise income is dependent on sales obtained in their selected location. Separate login portals will be provided to the franchise to check their customers and earnings by their customers.
*Each product has some percentage of franchise commission like 5%-30% according to its category. which will be available by selecting the products in the franchise login portal.
*Sales will be obtained by digital marketing from the company side and also Franchise should work physically to visit customer places to promote our website and convince the customer to place an order. Even The Franchise can work in private institutes, colleges and Government organizations to get order. A formal quotation can be downloaded by selecting the products and entering customers details. All the support available like certificates and documents needed to participate in tenders.
*Need to make a Security deposit of 1000$ (Rs 80000) once the franchise is selected. Payment link and digital agreement will be sent to the franchise once they are confirmed.
*Franchise lock in period will be for three years. The deposit doesn't carry any interest.
*Franchise should not sell any other products other than available on the Quicklab website. If anything is found from customers' complaints, the Company won't take any responsibility and terminate the franchise immediately and claim a penalty from the deposited amount.
*Quicklab has all the rights to select the franchise and terminate it at any time. Upon termination refund will be processed within 3-7 days after checking all the prospects and defaults if any.
TERMS AND CONDITIONS FOR GRANT OF FRANCHISE
I. GRANT OF FRANCHISE
1.1 The Franchisee shall obtain a registration on the Website on providing the requisite information and complying with other formalities.
1.2 The Franchisee shall install the Products and provide demonstrations for use of the same on receipt of orders from Customers.
1.3 The Franchisee shall promote the Products on the Website.
1.4 The Franchisor hereby grants to the Franchisee, the non- exclusive right and license, and Franchisee undertakes the obligation to develop the Business and promote the Products, and to use solely in connection therewith, the Proprietary Marks of the Franchisor and the Franchise in accordance with these Terms and Conditions.
1.5 The Franchisee shall promote and sell only the Products of the Franchisor on the Website.
II. PAYMENT TERMS
2.1 The Franchisor shall be entitled to a Royalty amount, which will be mutually decided by the Parties depending on the country and the state.
2.2 The Franchisee shall be entitled to commission amounts, which will be determined on the basis of the volume of sale of Products. The commission rates may vary depending on the country and the state, and shall be subject to deduction of taxes as applicable to each country.
The initial term of Franchise shall be for a period of 5 years, which may be renewed for a further period on discussions between the Franchisor and the Franchisee.
IV. RESPONSIBILITIES OF THE FRANCHISOR
4.1 The Franchisor shall make available to the Franchisee the requisite advisory assistance in the operation of the Business.
4.2 The Franchisor shall provide adequate guidance to the Franchisee in relation to the standards, specifications, procedures and techniques for the Business.
V. RESPONSIBILITIES OF THE FRANCHISEE
5.1 The Franchisee is solely responsible for the operation of the Business, and understands and acknowledges that the Franchisor is not responsible for the operations of the same.
5.2 The Franchisee shall use only branded materials/Products approved by the Franchisor for the Business.
5.3 The Franchisee shall not create any branding materials without the prior approval of the Franchisor.
5.4 The Franchisee shall not make any amendments to the design or content of the Website of the Franchisor.
5.5 The Franchisee shall meet and maintain the highest governmental standards and ratings applicable to the operation of the Business.
5.6 The Franchisee shall operate the Franchise Business in conformity with such uniform methods, standards, and specifications as the Franchisor may from time to time, suggest.
VI. PROPRIETARY MARKS
6.1 The Franchisee shall not use the Proprietary Marks of the Franchisor as part of the Franchisee's corporate or other business names.
6.2 The Franchisee shall not hold out or otherwise use the Proprietary Marks in such manner as might, in any way, make the Franchisor liable therefore, without the Franchisor's prior written consent.
6.3 The Franchisee acknowledges and expressly agrees that any and all goodwill associated with the Business, and identified by the Proprietary Marks used in connection therewith shall inure directly and exclusively to the benefit of the Franchisor, and is the sole property of the Franchisor.
VII. MANAGEMENT AND CONTROL
The management of and control over the Business shall reside with the Franchisor.
VIII. SUPPLY OF RAW MATERIALS TO THE FRANCHISEE
The Franchisor reserves the right to fix any particular Vendor for supplying raw materials to the Franchisee.
IX. PAYMENT OF TAXES
The Franchisee shall promptly pay when due all taxes, accounts and other indebtedness of every kind incurred by the Franchisee in the conduct of the Business.
10.1 The Franchisee shall not communicate, divulge, or use for the benefit of any other person, persons, partnership, association, corporation or other entity, any confidential information, knowledge or know-how concerning the construction and methods of operation of the Business, which may be communicated to Franchisee, or of which the Franchisee may be apprised, by virtue of the Franchisee's operation of the Business.
10.2 The Franchisee shall divulge such confidential information only to such employees of the Franchisee as must have access to it in order to exercise the Franchise Rights granted hereunder.
10.3 The obligations contained in these clauses shall survive the termination of the term of Franchise.
The Franchisee shall indemnify, defend and hold harmless, the Franchisor for all claims, demands, losses, damages, liabilities, cost and expenses resulting from, or alleged to have resulted from the Franchisee’s breach of these Terms and Conditions.
12.1 These Terms and Conditions do not constitute the Franchisee an agent, legal representative, joint venturer, partner, employee or servant of the Franchisor for any purpose whatsoever. No fiduciary relationship is created between them.
12.2 Neither the Franchisor nor the Franchisee shall have any right to enter into any contract or commitment in the name of the other or to bind the other in any respect whatsoever.
XIII. TRANSFERABILITY OF INTEREST
13.1 Transfer by Franchisor: The Franchisor shall have the right to transfer or assign its interest in these Terms and Conditions to any person, persons, partnership, association, corporation, or other entity.
13.2 Transfer by Franchisee: The Franchisee understands and acknowledges that the rights and duties set forth in these Terms and Conditions are exclusive to the Franchisee. The Franchisee shall not sell, assign, transfer, convey, donate, pledge, mortgage, or otherwise encumber any direct or indirect interest in these Terms and Conditions without the prior written consent of the Franchisor.
XIV. MISCELLANEOUS TERMS
14.1 Modification of Terms and Conditions: These Terms and Conditions may be modified only by way of writing signed by both the Franchisor and the Franchisee.
14.2 Term: The Franchise may be terminated by either the Franchisor or the Franchisee for breach or any other reason as mutually agreed between them by giving 60 days’ notice in advance.
14.3 Review of Terms and Conditions: The Franchisor snd the Franchisee may review these terms and conditions from time to time by mutual consent in addition to reviewing the commercial terms.
14.3 Effects of Termination: Upon termination or expiration of the Franchise, all rights granted herein shall forthwith terminate, and:
14.3.1 The Franchisee shall immediately cease to operate the Business, and shall not thereafter, directly or indirectly, represent to the public that the Franchise Business is still in operation.
14.3.2 The Franchisee shall immediately and permanently cease to use, by advertising or in any manner whatsoever, the equipments, methods, procedures, and the techniques associated with the Business, the Franchisor's Proprietary Marks, and the Franchisor's other trade names, trademarks and service marks associated with the Business.
14.3.3 The Franchisee agrees that in the event the Franchisee continues to operate or subsequently begins to operate other businesses, they will not use any reproduction, counterfeit, copy, or colorable imitation of the Proprietary Marks of the Franchisor in conjunction with such other business.
14.3.4 The Franchisee shall immediately pay all pending payments to the Franchisor and its subsidiaries and affiliates.
14.4 Governing Law & Jurisdiction: The rights and duties of the Franchisor and the Franchisee arising from or relating in any way to the subject matter of these Terms and Conditions shall be governed by and construed with solely in accordance with the laws of India in every particular manner, including formation and interpretation. The Courts of Tamil nadu will be the Courts of appropriate jurisdiction to file law suits.
14.5 Force Majeure: Neither Party is liable for failure to perform, or for a delay in performing, any of its responsibilities insofar as the performance of such obligations is prevented by a Force Majeure Event.