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CONSULTANCY AGREEMENT

This Consultancy Agreement (referred to as “the Agreement” henceforth) is entered into this [•] day of [•] by and between Abacus Overseas Education having its registered office at 503, Sri Towers, director Mr. Krishna Murthy S (hereinafter referred to as the “FIRST PARTY”) and [•], S/o./D/o. [•] resident of [•] (herein referred to as the “SECOND PARTY”) and 

Whereas the SECOND PARTY is a student intending to pursue further education and / or career abroad and the FIRST PARTY is engaged in the business of providing immigration service. The FIRST PARTY represents to possess the requisite skills, qualifications and capabilities required for rendering the Services. The Parties have agreed mutually to enter into this Agreement for consultancy services.

 

Now this Agreement witnesseth and the parties hereby agree as follows:

  1. Obligations of the FIRST PARTY
    1.  The FIRST PARTY shall ensure and work in the best interest of the SECOND PARTY. 

 

  1. To advise the SECOND PARTY with respect to ……….. immigration law, to analyse his/her potential to qualify under any of the ………….. immigration programs and to advise the SECOND PARTY on the forms and substantiating documents to support his/her application.

 

  1.  To work with the SECOND PARTY to prepare & submit immigration case file to the Canadian Citizenship & Immigration Department.

 

  1.  To make representations on behalf of the SECOND PARTY to Citizenship & Immigration ………………… and any other relevant …………………… government agency.

 

  1.  To exchange correspondence about the SECOND PARTY application(s) with Citizenship & Immigration ………….. and any other relevant …………….. government agency.

 

  1.  To provide regular feedback to the SECOND PARTY on the process of, and to track the SECOND PARTY’s application until a decision is made. 

 

  1.  To access the SECOND PARTY’s immigration case file from time to time to verify the status of the application and ascertain if there are any causes for concern.

 

  1.  To prepare the SECOND PARTY for any interview that may be necessary in the course of an application.

 

  1.  To respond to changes in law that may affect the SECOND PARTY’s application.

 

  1.  If the SECOND PARTY’s application is approved, to check the SECOND PARTY’s visa and ensure that there are no errors in the documentation.

 

  1. The FIRST PARTY shall not indulge in any malpractice, fraudulent activities or commit any sort of misrepresentation in respect to the services.

 

 

  1. Obligations of the SECOND PARTY
    1. The SECOND PARTY shall provide all the necessary documents to the FIRST PARTY.

 

  1. Any documents required by the FIRST PARTY for the preparing and processing the application of the SECOND PARTY shall also mandatorily be provided by the SECOND PARTY. 

 

  1. That in case the SECOND PARTY presents any fake, frivolous fabricated documents to the FIRST PARTY he/she shall be exclusively responsible for the same in any manner, whatsoever. The FIRST PARTY shall in no way be responsible thereafter.

 

  1. The SECOND PARTY shall execute an Affidavit to the effect that the documents/certificates submitted to the FIRST PARTY are correct and genuine on a non-judicial stamp paper duly attested by Notary Public and the same shall be legally binding.

 

 

  1. Terms of Payment
    1. The SECOND PARTY shall be responsible to make all the payments inclusive of the taxes or any other charges that may occur during the course of this Agreement to the FIRST PARTY in rendering its services.

 

  1. The SECOND PARTY shall pay as per the agreed [•]/- fees within [•] days when the invoice has been raised by the SECOND PARTY at the end of each month while the advance payment of Rs.[•] has been received. The mode of payment will be by [•] or as decided amongst both parties.

 

  1. The FIRST PARTY may charge interest of [•]%  if the payment is not made within a time-line.

 

  1. In case of failure in the above-stated sub-clauses of this Section, the FIRST PARTY may suspend or stop providing the services immediately provided the information shall be sent to the SECOND PARTY by an email notification on such email address as notified by the SECOND PARTY. If the SECOND PARTY, fails to revert within [•] hours from the date of receiving this notification the Agreement shall be terminated and the damages incurred to the FIRST PARTY shall be borne by the SECOND PARTY.

 

  1. The Overall cost generated in providing the services shall be informed within a proper time to the SECOND PARTY by the FIRST PARTY.

 

 

  1. Refund of fees by FIRST PARTY

4.1 The FIRST PARTY will not refund any of the fees paid by the SECOND PARTY if and when:

  1. The case gets rejected after submission of documents.
  2. The case gets rejected is revoked due to furnishing of false information, misrepresentation, fraud and failure by the SECOND PARTY to adhere to terms and conditions of this Agreement or for withholding any relevant information at any time during the processing of the case.
  3. Once the SECOND PARTY signs the Agreement and then he/she does not wish to proceed any further to get his/her case filed for any reason whatsoever.
  4. That the second party agrees that he/she/they are hiring the first party services as an advisor only and the fees paid to the first party are towards the consultancy services and those are non-refundable professional fees

 

 

  1. Performance of the Agreement
    1. This Agreement shall be performed as agreed upon.

 

  1. Both PARTIES shall fulfil their obligations and ensure rights owed to each other as promised.

 

 

  1. Compensation
    1. The FIRST PARTY agrees to compensate the SECOND PARTY for any faults, shortcomings or inadequacy in the quality and nature of the performance of the services which are required to be maintained or to be performed in pursuant to the Agreement.
    2. The SECOND PARTY shall have the right to inform the FIRST PARTY about the inadequacy in the quality of services as soon as noticed. 
    3. The FIRST PARTY shall take a prompt effective remedial action to replace the defective services provided to the SECOND PARTY at its own cost and expenses is necessary as per this Agreement.
       
       

 

  1. Confidentiality 
    1. The obligations generated under this Section shall survive the suspension or termination of this Agreement.

 

  1. The FIRST PARTY agrees to not disclose or use any Confidential Information for any purpose which the FIRST PARTY has obtained during the course of implementation of this Agreement except as authorized in writing by the SECOND PARTY to any third party.  Any such failure to obey shall attract termination clause (Cl. 11) of this Agreement.

 

  1. All the information provided by either Party whether written or oral is confidential information which is not to be disclosed whether it was provided before or after the date of this Agreement is included.

 

  1. Such information should only be used only in pursuant to this Agreement.

 

  1. The FIRST PARTY agrees and undertake to take all reasonable steps to ensure the privacy and safekeeping of the SECOND PARTY’s confidential information and shall hold in strict confidence all information concerning the personal and business affairs of the SECOND PARTY acquired during the course of the professional relationship, and shall not disclose such information unless disclosure is expressly or impliedly authorized by the SECOND PARTY, or is required by law. 

 

  1. This includes the duty not to disclose the fact of having been consulted or retained by a person unless the nature of the matter requires such disclosure.

 

 

  1. Indemnification
    1. Each party has a contractual obligation and hereby agrees to pay, compensate or indemnify the losses, damages or liabilities incurred by the other party to this Agreement arising from and relating to:
      1. Any breach of terms & conditions of this Agreement.
      2. On accounts of fraud, misconduct, negligence, misrepresentation.
      3. Against all such losses, costs, actions, damages, fines, liabilities whatsoever resulting due to incapacity, negligence or default or failure of the other party in fulfilling its obligations.

 

 

  1. Limitation of Liability

Not extending anything to the contrary, the liabilities of either party are limited in the spheres of their roles and obligation in accordance with the spirit of this Agreement.

 

 

  1. Representation and Warranties
    1. Both Parties represent and warrant that:
      1. Both the parties have all the rights and powers to enter into and perform its obligations under this Agreement.
      2. Both the parties or any other person on their behalf executing this Agreement is duly authorized and empowered to enter into this Agreement.
      3. Both the parties shall not violate the terms of the Agreement by indulging with the third parties.
      4. The FIRST PARTY agrees that it has full power and authority to enter into this Agreement by obtaining all the relevant licenses, approvals, and government permits for performing the consultancy services pursuant to this Agreement.
      5. The Parties agree to not indulge in any practice that comes from ulterior motive and violative of laws.
         
         

 

  1. Term and Termination

The term of this Agreement (the “Term”) will begin on the date____________ (“Effective Date”)and shall remain in full force for ____years  unless terminated sooner in accordance of this Agreement.

 

 

  1. Dispute Resolution

Any dispute arising between the Parties pertaining to this Agreement shall be first resolved amicably between the Parties only. Where the Parties hereto fail to resolve dispute within 30 (thirty) days of the date first brought in the notice, the same shall be referred to be resolved through binding arbitration under the Arbitration and Conciliation Act, 1996 (as amended to date), by appointing an arbitrator with mutual consent of Parties. The proceedings of arbitration shall be held in the English language. The decision of the Arbitrator shall be final and binding upon the Parties. 

 

 

  1. Governing Laws

The Parties to this Agreement agree that all the performance, suits, disputes and special proceedings under this Agreement shall be governed by the laws of India.

 

 

  1. Reimbursement of Expenses

No expenses shall be reimbursed incurred by the FIRST PARTY in regards to the services provided set forth in the Agreement. All the cost and expenses arising from any dispute, claim including attorney’s fees shall be reimbursed by either of the parties to the other party in accordance with an order of the Arbitrator(s) or will be mutually borne by the Parties in equal proportions.

 

 

  1. Modification of Agreement

Any amendment or modification of this Agreement by either Party in accordance with this Agreement shall be binding, if it is signed, by each party, in writing or by an authorized representative of each Party.

 

 

  1. Notices
    1. The parties hereto agree that the persons listed below shall be the contact persons for this Agreement. All relevant notices or communications to be delivered to such contact persons hereunder shall be deemed delivered to the Parties:
      1. FIRST PARTY; [•] Contact details (Name, Designation, Mobile Number, Email etc)
      2. SECOND PARTY: Contact details (Name, Designation, Mobile Number, Email id etc)
    2. Any change in the contact persons of the parties shall be communicated to the other party in writing and shall be effective __ days from issuance thereof.

 

 

  1. Severability

If any provision of this Agreement shall be determined to be illegal or unenforceable, such provision, to the extent it shall be illegal or unenforceable, shall be deemed severed from this Agreement and shall be substituted by a reasonable provision to be mutually agreed upon.

 

 

  1. Force Majeure
    1. Neither Party shall be in default under this Agreement by reason of its failure or delay in the performance of its obligations if such failure or delay is caused by actions of God, Government laws and regulations, strikes, lock-outs, war or any other caused beyond its reasonable control.

 

  1. Both Parties agree to take all reasonable preventive measures to minimise the effect that occurred due to this event by resolving to the next feasible alternative.

 

 

  1. Assignment

Neither party shall assign or transfer all or any part of its rights under this Agreement without the consent of the other party received in writing.

 

In witness whereof the parties have duly affixed their signatures under hand and seal on this _______ day of _________, 20____

SECOND PARTY                                       FIRST PARTY

Signature ________              ____                            Signature______                  _____

 

Witnesses (Names and details): -

1)                                                               2)