Balasai Net Pvt Ltd

Reseller Agreement
This Agreement is executed at Pune on ___ between Balasai Net Private Limited, a company duly incorporated under the Indian Companies Act, 1956, having its registered office at 202, Pranita Society, 1145-2, F.C.Road Opp:- Police Ground Pune-411016., hereinafter referred to as the Party of the First Part (also referred to as BNPL for the purposes of brevity)

" Reseller" Company/Individual

Name: __________________________________________
Place of business: _________________________________
City: ____________________
State/Province: _________ Country: __________________
Postal Code: _____________________
Email Address: ____________________________________

Hereinafter referred to as the party of the Second Part/ Reseller (which expression shall, unless repugnant to, include and mean, all its legal heirs, representatives, successors, executors and assigns).

Whereas the party of the First Part is a Web Presence Provider. As a World Wide Web service provider, the party of the First Part provides dedicated server computers which are integrated into the Internet. These server computers shall send and receive information in relationship to the World Wide Web. The Party of the First Part has its web hosting services and their add-on features for all kinds of needs.

And whereas the party of the Second Part has approached the party of the First Part for being a Reseller of its web hosting services.

And whereas the party of the First Part has agreed to appoint the party of the second part as its Reseller .

And whereas both the parties to this agreement have agreed upon the terms of the resellership of web hosting services and the same are reduced into writing by means of this present agreement.

NOW THIS DEED OF AGREEMENT WITNESSETH AS UNDER :-

SERVICE DESCRIPTION:
That the Party of the First Part has various Web Services which are detailed in our site, appended to this present agreement and the contents of the same will also be read as part and parcel of the present agreement. The Party of the Second Part has agreed to utilize the said services of the Party of the First Part.

Reseller , as an independent contractor, shall provide either business and/or individual customers for services in the market area. Reseller is to purchase web-hosting services from the party of the first part and resell to third party unrelated customers. The party of the first part shall provide access through its web hosting services into the Internet for Reseller , which in turn, shall "resell" said access to its own customers for which it shall be entitled to charge a fee.

A minimum fee for said service shall be set by the party of the first part in accordance with the schedule set forth.

Reseller responsibility hereunder is to market, advertise, and otherwise solicit customers for the party of the first part's service and to sign said individuals to web site contracts. Once said customers have entered into such an agreement and avail themselves of the services provided by BNPL, Reseller shall act as the intermediary between BNPL and Said customer to process complaints, answer questions, and to otherwise assist the customer during the term of its contract with Reseller . The Reseller shall have been doing business exclusively with BNPL and with no other person and/or company and/or legal entity. The Reseller shall not be entitled for the usage of the logo and style and name of BNPL on its letterheads, cards, and websites. Reseller shall have a link with the website of BNPL. The Reseller is making a one time sign up payment of Rs. 5000/-, Rs. Five Thousand only. Reseller shall translate all contracts and documents prepared by BNPL into the native language of the customer, and shall use its best efforts to monitor the usage by said customer to ensure that said usage does not violate any laws of the jurisdiction in which Reseller and customer are situate, nor violate any municipal, local, state, central statutes, laws or regulations of India. As part of its efforts to monitor the usage by its customers, Reseller agrees to include in its contracts with its customers language similar to section 2, Service Usage, subsections A and B of this contract.

SERVICE USAGE :
A. Legal Parameters: This service may be utilized only for lawful purposes, and the usage of the service in connection with or adjunct to any matter or thing which violates any foreign, municipal, state, central or national statute or regulation is prohibited. Reseller agrees to indemnify and hold harmless BNPL from and against any and all claims, actions, causes of actions, administrative or government action, losses or damages (including legal fees and expenses) arising from the usage by Reseller and/or Reseller's customers of the service in violation of this paragraph.
B. Unilateral Service Revocation: In the event that BNPL, at any time, believes that the service is being utilized by the Reseller customers in contravention of the terms and provisions of this contract, BNPL may, at its sole discretion, immediately discontinue such service to Reseller individual customers as the case may be, without liability other than for the refund of unearned prepaid service fees.

NO WARRANTIES:
With respect to the service to be provided hereunder, Reseller acknowledges that BNPL makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness of this service for a particular purpose. As a result, Reseller agrees that BNPL shall not be liable to Reseller or any of its customers for any claims or damages which may be suffered by Reseller or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non deliveries, or service interruptions whether or not caused by the fault or negligence of BNPL. Reseller hereby agrees to indemnify and hold harmless BNPL against BNPL customers.

USE OF INFORMATION:
The utilization of any data or information received by the Reseller or its customers from the utilization of the service to be provided by BNPL is at Reseller and its customer's sole and absolute risk. BNPL specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.

DOMAIN NAME:
If BNPL shall acquire an Internet Domain Name on behalf of the Reseller or any of its Customers, then in such case the Reseller hereby waives, and Re seller's customer must waive in writing prior to acquisition of said domain name, any and all claims which it may have against BNPL for any loss, damage, claim or expense arising out of, or in relation to, the registration of such Domain Name in any online or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of services by BNPL for any reason. Any costs of BNPL in obtaining or maintaining a domain name for Reseller or its customers shall be immediately reimbursed to BNPL upon invoice from BNPL to Resellers.

SERVICE FEES AND INVOICING:
Resellers , for each new customer account activated, shall pay the initial fees set forth, prior to the commencement of service. Thereafter, Resellers shall be invoiced in advance for a minimum one year period, at least fifteen (15) days prior to the expiration of the then current one year period. Payment of the service fee is due prior to the first day of said one year period. In the event that Reseller shall fail to pay for such services in advance of that one year period, then BNPL shall be entitled to unilaterally terminate this agreement and discontinue the service of Reseller or the applicable account for which payment has not been received. The indemnification and limits of liability provisions of paragraphs 2 and 3 shall survive any such termination. Upon payment of the charges due hereunder, BNPL may, at its sole discretion, re-institute service, at which time all terms and conditions of this contract shall continue in full force and effect. Any service disconnection or suspension shall require a Rs. 1,000/- reconnection fee.
Additional fees, if applicable, will be billed at the end of each year with payment due within ten (10) days thereafter :
Additional Terms:
All support inquiries are to be initiated via email to: This e-mail address is being protected from spambots. You need JavaScript enabled to view it . BNPL will make a diligent effort to resolve any problem related to BNPL 's hardware or supporting software. Only after email inquiries have failed, will BNPL provide support via telephone.

FEES:
In consideration of the services provided by BNPL to Reseller and Reseller customer hereunder, Reseller shall receive a discounted rates from BNPL. BNPL shall invoice Reseller for each new order, who shall in turn further invoice to their clients.

INDEPENDENT CONTRACTOR:
For any and all legal, corporate, or financial purposes, Reseller shall be considered to be an independent contractor of BNPL. Reseller shall be responsible for all expenses incurred by it which in any way arise out of this contract. Reseller shall further be responsible for payment of his/her own income and other taxes of whatever nature, including those of its employees or agents, due and owing to any country, state, county, province, territory, municipal authority, or other dully authorized governmental body. BNPL shall not be responsible for payment of any such taxes which are the responsibility of Reseller arising from the above mentioned activities.

SCOPE OF AUTHORITY:
Reseller is only authorized to resell access to BNPL 's system / services as described above. Business Affiliate has no authority, apparent or otherwise, to contract for, or on behalf of BNPL, or in any other way legally bind BNPL in any fashion, nor shall Reseller be authorized to make any representations about BNPL or its services other than to reiterate to its clients BNPL 's responsibilities as outlined in this agreement.

CHANGES IN TERMS OF AGREEMENT:
BNPL reserves the right to make changes to the above terms and conditions of this agreement upon 10 days written notice to Reseller , advising of the change and the effective date thereof. Changes in monthly service fees shall become effective immediately thereafter. Utilization of the service by the Business Affiliate and/or its customers following the effective date of such change shall constitute acceptance by Business Affiliate of such change(s) in terms.

DISPUTES: A. Venue: Should any dispute arise under the terms of this contract, the parties agree that the sole jurisdiction to try all disputes shall be that of courts of Pune.
B. Attorney's Fees and Expenses: Should any legal action be instituted to enforce the terms and conditions of this agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels.

TERM:
The financial and exclusivity terms of this contract shall be in effect for one (1) years, to expire on the last day before the first (1) year anniversary of the execution of this agreement. All other provisions of this agreement, specifically including, but not limited to, the indemnification provisions herein above, shall survive the termination of the financial and exclusivity terms of this agreement.

TERMINATION:
Both the parties agree the present Reseller agreement shall come to an automatic end with immediate affection the violation or breach of any of its conditions by the Reseller .

ENTIRE AGREEMENT AND SEVERABILITY:
This instrument constitutes the entire agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this agreement. This instrument supersedes any other agreement or understanding between the parties, whether written or oral. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect.

EXIT STRATEGY:
In the event that Reseller decides to use another web hosting provider, BNPL will agree to the following: BNPL will provide one report or file showing all active Reseller accounts with the appropriate information.
BNPL will continue to host Reseller customers provided that all accounts are in good standing and do not owe any monies for services provided.
Reseller will be responsible for domain transfers to the InterNIC or other authorities.
BNPL will not purposely contact Reseller's customers and will redirect any email back to Reseller In witness where of the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this agreement for the person or entity herein named as a party hereto.

Reseller
For ___________________________________________
By: _______________________ Date:_______________

Balasai Net Pvt. Ltd.
By: _______________________ Date:_______________

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