Term of Use
As used in this Agreement, "we," "us," and "Munim" means the NSD Services LLP, that owns in its full capacity the website www.munim.in (and hereafter shall be referred as Munim), named in the applicable Service Terms. If there is any conflict between these General Terms and the applicable Service Terms, the Service Terms will govern.
- "Agreement" or "Service Agreement" or “Term of Use” means this Agreement entered into between the User and Munim.
- “User” means a registered person on Munim platform.
- "Service User or SU" means the person registered with Munim.in to avail Services of the Professionals by way of purchase of services from Professional.
- "Professional Service Provider" or “Professional” (hereby referred to as “PSP”) means Advocate or Lawyer or Solicitor or Chartered Accountant or Company Secretary or Cost & Works Accountant of any nomenclature who is competitive to deliver the services and is a party to this Agreement entered into with Munim.
- “Advisor” means any User advising other Users for services through Munim, may not necessary provide or receive service for its own purpose.
- "Force Majeure" means an occurrence beyond the control and without the fault or negligence of the affected party and which said party is unable to prevent or provide against by the exercise of reasonable diligence including, but not limited to: acts of God, expropriation or confiscation of facilities, damage to office premises or installations, any form of Government intervention, restrictions and embargoes, war (whether declared or not), hostilities, rebellion, terrorist activity, local or national emergency (including an emergency service to a hospital), sabotage or riots, epidemic, floods, fires, explosions, earthquakes or other catastrophes. Parties agree that force majeure does not include strikes or other industrial action in non government organization.
- "Intellectual Property Rights" means any and all intellectual or industrial property rights of whatever description in any country (whether registered/registerable or not) including but without limitation, copyright (including but not limited to all rights in and to databases and data), moral rights design rights and registered designs, patents, patent applications and any rights to inventions, know-how, trade and business names, trade secrets, logos and devices, trademarks, service marks and any applications therefore and all rights in confidential information, and any similar rights available throughout the world.
- "Service(s)" means the professional service or work classified as products in the Website, provided or to be provided and carried out or to be carried out as the case may be, by the Professional to Service User of the Website as set out in the website.
- "Website" refers to www.munim.in or any other affiliate or domains or sub-domains of www.munim.in.
User and Munim shall collectively called as Parties and individually be called as Party.
User and Munim agrees to the Service Terms laid hereunder as follows:
- Membership / Enrolment / Registration
- To begin the enrolment process, you must complete the registration process for one or more of the Services. Use of the Services is limited to parties that can lawfully enter into and form contracts under applicable Law. As part of the application, you must provide us with your (or your business) legal name, address, phone number and e-mail address. We may at any time cease providing any or all of the Services at our sole discretion and without any notice.
- An Account holder is sometimes referred to herein as a "Registered User” or “User”
- You are solely responsible for safeguarding your Munim password and, if applicable, your Third-Party Site Password (collectively, "Passwords") at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website.
- You hereby expressly acknowledge and agree that you yourself and not Munim will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Munim or others due to such unauthorized use.
- By registration on Munim platform you acknowledge and agree that you authorize Munim and/or its associates, marketing partners or channel partners or any connected to contact you through the details provided.
- Professional Service Provider (PSP)
- The PSP agrees to co-operate with Munim for verification in the nature of documentation, tele-calling, personal discussion, membership search with the concerned regulatory body or verification of any other nature as the case may be.
- The PSP agrees that a mere registration and/or empanelment with the Website does not give a right to claim the share of each and every service that comes to his/her jurisdiction or otherwise through website.
- The PSP acknowledge and agrees to that it is his/her responsibility of providing the accurate information regarding but not limited to Profile, Services Charges (inclusive of Service Tax), Bank Details etc and any direct/indirect losses/damages thereto on account of misrepresentation of the information rests with the PSP only.
- The PSP accept to the estimated time, process, scope of work, pricing and other terms and conditions applicable for each service updated on the Website on time to time basis.
- The PSP directs and authorizes Munim to receive, hold, disburse and settle the Sevice User Charge in accordance with and subject to the provisions of the Munim Terms and Conditions.
- In consideration for Munim Services, the Merchant agrees to pay Munim, Fee as mentioned on the website on time to time basis. Fee shall be deducted by Munim from the Service User Charge payable to the PSP in respect of each completed Transaction. PSP acknowledges that Munim reserves right to change and/or modify the Munim Fee from time to time without any prior notification. It shall be applicable on the orders placed after that change/modification.
- The PSP directs and agrees that the payment thus collected for the services deliverable by the Professional to any Service User shall only be made after satisfactory completion of service by the PSP, which shall be estimated by not having received any dispute after 5 working days of Service marked as Complete by PSP, adhering to payment cycle which is on Monday of each week after completion of 5 Munim working days (excluding day of completion of service) post delivery of the service to the Service User. For the purpose of clarification it is exemplified here as under: Suppose the Service is completed by PSP on Wednesday of Week 1, and after 5 working days it is Thursday of Week 2 then the payment shall be made on the Monday of Week 3.
- For any holiday on Monday the payment shall be made on the next Munim working Day.
- Professional agrees that it is a non-exclusive agreement and hence Munim shall engage with more than one Professional at any given point of time.
- PSP warrants and declares that it is an validly existing and in good standing under the Laws of the territory in it is providing services and is registered and is a resident of India for income tax purposes for every financial year; and the PSP and its subcontractors and agents will comply with all applicable Laws in your performance of your obligations and exercise of your rights under this Agreement.
- In case of any Dispute raised by User during or on completion of the Service(s), Munim shall do the investigation and Munim decision in this scenario shall be final and binding on the PSP.
- If any Dispute is raised by the Service User which would made “Order Disputed” as status of the Order, the payment to the PSP shall be put on hold. Munim shall analyse the matter on case to case basis and shall solve the dispute either by closing it or by benefitting Service User which may include refund of full or part of the Fees of the Service (including Government Fees). PSP acknowledges that this refund of Fees to the Service User is on behalf of the PSP and payment to PSP shall be released only after deduction of the full refunded amount of the dispute to the Service User from the Total Order Amount.
- For the Services provided by Professional, Munim declares and the Professional agrees that the Munim will not be liable for the authenticity or the consequences of the Services provided by the Professional and/or the service(s) carried out by the Professional. Any claim by a SU with regard to service(s) carried out by the Professional will lie directly and individually against the Professional and not against Munim in any manner.
- As between the parties, PSP will be responsible for the collection and payment of any and all of Your Taxes together with the filing of all relevant returns, such as service tax, and issuing invoices/credit memos where required. Munim is not responsible for collecting, remitting or reporting any service tax or other taxes arising from such offer of the Service. You are solely responsible for preparing, making and filing any tax audit report and statutory reports and other filings and responding to any tax or financial audits.
- Unless stated otherwise, any and all fees payable by PSP pursuant to this Agreement are exclusive of all service, sales, use, goods and services and similar taxes, and PSP will pay any taxes that are imposed and payable on such amounts. If we are required by law or by administration thereof to collect any service, sales, use, goods and services or similar taxes from PSP, PSP will pay such taxes to us.
- If for any reason, any income tax or withholding tax is determined to be deducted and deposited on any payments or remittances to you, Munim will have the right to deduct and deposit any such applicable taxes with the appropriate regulatory authority. No claim in respect of the taxes deposited would be made by you against Munim.
- The Advisor agrees to co-operate with Munim for verification in the nature of documentation, tele-calling, personal discussion, membership search with the concerned regulatory body or verification of any other nature as the case may be.
- The Advisor agrees that a mere registration and/or empanelment with the Website does not give a right to claim the share of each and every service that comes to his/her jurisdiction through website.
- The Advisor acknowledge and agrees to that it is the responsibility of the Advisor of providing the accurate information regarding but not limited to Bank Details, Profile etc and any direct/indirect losses/damages thereto on account of misrepresentation of the information rests with you.
- Advisor acknowledges that the PSP and Service User Terms partially or fully also apply to Advisor.
- Once order is placed through Advisor account using Advisor Code or simply by using code (Advisor Code), it shall be reflected in Advisor account and Advisor shall be eligible to predefined commission from Munim (Advisor Commission).
- Munim reserves right to change the Advisor Commission percentage from time to time without any prior notification to the Advisor which shall be applicable for the orders after the change.
- Advisor Commission shall be payable on coming Tuesday, after successfully settlement of the concerned PSP’s payment and collection of the Munim Fees.
- In case of Order Disputed, Refunded or Cancelled, Advisor Commission shall not be paid.
- If for any reason, any income tax or withholding tax is determined to be deducted and deposited on any payments or remittances to Advisor, Munim will have the right to deduct and deposit any such applicable taxes with the appropriate regulatory authority. No claim in respect of the taxes deposited would be made by Advisor against Munim.
- As between the parties, Advisor will be responsible for the collection and payment of any and all of Your Taxes together with the filing of all relevant returns, such as service tax, and issuing invoices/credit memos where required. Munim is not responsible for collecting, remitting or reporting any service tax, income tax or any other taxes arising on Advisor Deed. Advisor is solely responsible for preparing, making and filing any tax audit report and statutory reports and other filings and responding to any tax or financial audits.
- The SU acknowledge and agrees to that it is SU’s responsibility of providing the accurate information regarding your account Details etc and any direct/indirect losses/damages thereto on account of misrepresentation of the information rests with you.
- The SU acknowledges and agrees that it is SU’s responsibility of providing the accurate information and any direct/indirect losses/damages thereto on account of misrepresentation of the information rests with you.
- SU acknowledges that it is mandatory to register and update profile on Munim platform with all the information that are asked from time to time, to place the order through the platform.
- SU represents and declares that it is legally eligible for placing the orders on Munim website.
- It is the responsibility of the SU to place the order rightly and it shall not be the obligation on Munim to refund in for such wrongly placed order(s).
- SU acknowledges that placing merely an order on Munim platform doesnot initiate a buyer-seller and/or Service Receiver-Service Provider relationship between SU and Munim. However, that makes similar or same relationship between SU and PSP.
- In case of any Dispute raised by the SU during or on completion of the Services, Munim shall do the investigation and Munim decision shall be final and binding on the SU.
- Intellectual Property Rights
- The PSP hereby represents and warranties that the Services provided by the Professional will not be in violation of Intellectual Property Rights of any third party and that the Professional possesses all rights and authority to provide the Services.
- The Professional declares and Munim acknowledges that this Agreement does not transfer or assign any Intellectual Property Rights from the Professional to the Munim in respect of the Services provided by the Professional through the Website.
- Munim agrees that the Intellectual Property Rights of the Professional pertaining to his/her work and content in the course of rendition of service to a SU shall vest with the Professional.
- The Professional agrees that Munim may display, on the Website or elsewhere, the Professional’s name or logo or images or other media or all of the Professional for promotional purposes unless the Professional has explicitly requested otherwise in writing.
- Munim agrees that the registered PSP may display Munim logo and/or media approved by Munim, on time to time basis, on its website or place of operation for promotional purpose. However, Munim shall have exclusive rights on those media.
- Termination of Account or Access to website
- Munim has high regard for intellectual property and expects the same level of standard to be employed by its users (SU/PSP/Advisors etc). Munim may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others.
- Munim reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. Users agree that Munim shall not be liable to anyone for any modification, suspension or discontinuance of Munim services.
- The Users shall maintain the confidentiality of the data and information of other Users received during Rendering and/or Mediating and/or Receiving Services through Munim. The PSP undertakes not to use the information or data collected from the SU/Advisor for any purpose other than for providing service agreed thereupon through the Website similarly for Advisor.
- Any conflict on dissemination of confidential data arises from the User, the other party, involved in such act of dissemination, shall solely be responsible for the same. No complaint or issue pertaining to any point on confidential data shall be attributable to the Munim under any circumstances.
- Professional shall provide soft copy and/or (wherever required or asked) hard copies of all the documents (used or generated in the process of providing the service), service provided, certificate of registration (if any) to Munim and Client (in case required).
- The User indemnifies Munim (including its officers, directors, agents, subsidiaries, joint ventures and employees) against any claim or demand, including legal fees and costs, made against Munim by any other User of the Website or any third party due to or arising out of the breach of this Agreement or infringement of any law or intellectual property rights or other rights of a third party in the course of providing and/or mediating and/or receiving Services through the Website.
- Should the Professional be not in a position to carry out his obligations in whole or in part under this Agreement due to an event of ‘force majeure’, the Professional will not be held responsible for such non-performance provided the Professional does his utmost to resume performance as soon as is possible. The Professional affected by ‘force majeure’ shall give a notice within twenty-four (24) hours thereof, to Munim setting forth all necessary particulars such as the event of ‘force majeure’, the obligations of the Professional getting suspended as a result of the event of ‘force majeure’. In any such eventuality, Munim shall communicate the same to the SU through individual email or by publishing it on its website only or both.