AUTHORISED Training Centre (ATC) AGREEMENT
This Authorised Training Centre Agreement ("Agreement") is made and effective from
:
BETWEEN:
Fincurious Innovations Private Limited
, a
company incorporated under Companies Act and its registered office located at:
#142/143, 3rd Floor, GR Plaza, DVG Road, Gandhi Bazaar, Basavanagudi, Bengaluru,
Karnataka 560004 (Hereinafter referred to as
‘Fincurious’ or ‘Company’)
AND:
represented by its
, ,
having its
registered office at
[Hereinafter called as the
Authorised Training Centre (ATC)]
Whereas Fincurious has developed various job-oriented practical modules and courses
for finance and commerce aspirants. The Company also provides certification
programme for students called as Practical Accounting & Taxation
and certifying in the name and style of Fincurious® and is granting permission to
the interested parties for using its learning & support tools such as study
materials, simulation software, marketing assistance, technology, systems, process,
etc. on certain terms and conditions.
Whereas the ATC has approached Fincurious for granting rights to conduct
training
programs at
its
location as per the terms and conditions set out by Fincurious using the learning
tools
developed by
Fincurious.
Whereas the ATC has approached Fincurious for grant of rights to conduct and
other training programs at its location as per the terms and conditions set out by
Fincurious using the learning tools developed by Fincurious.
Whereas Fincurious has agreed to grant license to the ATC to conduct and other
training programs on certain terms and conditions.
Definitions
Centre Director: The Director or Partner or Proprietor or Trustee or Any other
Authorised
person of
the ATC who is eligible and responsible to run the ATC and is the primary contact
person
for
Fincurious.
Faculty: Qualified trainer to teach courses of Fincurious as per the guidelines set
by
and
approved
by Fincurious. It is mandated that the chosen faculty should first undergo a
training
program
and be
certified by Fincurious before imparting the training programs to the students.
Counsellor: Qualified authorized personnel to promote courses and manage students of
the ATC as per the guidelines set by and approved by Fincurious.
Practical Accounting and Taxation is a job-oriented course for
commerce and finance job aspirants with various modules in it. Fincurious is the
owner and has all the rights and the trademark on the course title and intellectual
property rights on course contents.
Student Kit: Student Kits are printed or online books released by Fincurious from
time to time for and other courses offered by it. This is the primary material
to be used by the students to learn and get certificate of completion.
Fincurious has agreed for the proposal of the ATC on the terms and conditions
hereunder:
-
Location: That Fincurious has approved the location as
[Hereinafter called ATC Location].
on a non-exclusive basis.
ATC confirms that it shall never have any objection to Fincurious giving the
licence to any other party. The rights that are granted to the ATC under this
Agreement are for the specific location and cannot be transferred to any other
location without the prior written approval of Fincurious.
-
Term of the Agreement: This agreement shall be valid perpetually from the
effective date subject to the termination clause of this agreement. Revised
rules and regulations may be incorporated depending on the business cycle and
situations at any time; and Fincurious reserves the exclusive rights to do so.
However, the same shall be informed to the ATC.
-
ATC License:
ATC shall be granted a license to start the classes on fulfilment of License
terms and conditions. The ATC understands and agrees that mere execution of this
agreement does not authorize the ATC to start the classes.
Fincurious shall issue “ATC License” to ATC only after compliance with the
following
terms and conditions:
- Setting up of Infrastructure as specified in “Annexure A”
- ATC shall pay a one-time non-refundable License Fee as per “Annexure B”.
- ATC shall pay Initial Student Kit Fee advance as per “Annexure B” and
same shall be credited to the Kit Credits of ATC account in the
Fincurious portal. The ATC can purchase student kits against the said
credit.
- Centre Director appointed and onboarded.
- Faculty hired and onboarded
- Counsellor hired and onboarded
- Any other conditions specified by Fincurious from time to time
Once ATC License is received, it must be displayed at ATC location at all times
for the public visibility. Non-Compliance with this clause shall attract
disciplinary action against the ATC and continuation of same will lead to
termination of the license and this agreement.
ATC Agrees to utilize and order its first student kits minimum as per clause
3(b) above within 30 days from the date of this agreement using the above kit
Credit. Kit Credits shall expire if the order is not received within this
specified date. Further, Fincurious shall not be liable to refund any amount
under any circumstance.
-
Infrastructure & Promotion Materials: That the ATC is recommended to have
infrastructure and Promotion Materials as listed out in the “Annexure A” of this
agreement. ATC agrees to make changes and maintain as per the guidelines of
Fincurious from time to time.
-
Centre Director Hiring & Training: ATC agrees to appoint Centre Director to act
as a primary contact person for Fincurious and take business decisions of ATC.
Centre Director is required to attend training programs scheduled by Fincurious
and comply with minimum attendance requirement. Centre Director shall be trained
by Fincurious on various topics such as understanding business model,
strategies, handling issues, etc. ATC shall have only one Centre Director at a
time.
-
Faculty Hiring & Training: ATC agrees to hire a dedicated Faculty for Fincurious
courses and brand, in order to manage the daily business with minimum notice
period of 30 days. Fincurious shall provide the necessary faculty training to
maximum 2 (two) faculties during the tenure of this agreement through online
modes of communication. Faculties are required to attend the training program
scheduled to comply with minimum attendance requirement. However, for training
of any additional Faculties, ATC shall bear the additional training fees as
specified by Fincurious.
-
Counsellor Hiring & Training: ATC agrees to hire a dedicated Counsellor in order
to manage the daily business with minimum notice period of 30 days. Fincurious
shall provide the necessary training to two counsellors through online modes of
communication. Counsellors are required to attend training program scheduled to
comply with minimum attendance requirement. However, for training of any
additional counsellors, ATC shall bear the additional training fees as specified
by Fincurious.
-
Classes Start Date: That the ATC has to start the training sessions / classes to
students within 60 days from the date of this agreement. If the classes do not
commence within said date, Fincurious has right to terminate the license and /
or this agreement.
-
Course Fee and duration:ATC shall have the right to decide the course fee by
taking into consideration the cost of living and paying capacity of the
locality. Fincurious shall only give an indicative fee that may be followed by
the ATC. ATC agrees to conduct courses as per the minimum duration given in the
Annexure C.
-
Fee Collection: That the ATC shall collect the fees from the students by issuing
the receipts, only in the name of ATC. ATC agrees to keep a separate set of
Receipt books for Fincurious courses fee collection. Fincurious reserves the
right to verify / audit the fincurious course business by the ATC and the ATC
agrees to be make available the documents for the verification by Fincurious as
and when required.
-
Student Kit: The ATC agrees to use the Student Kits supplied by Fincurious only.
Fincurious also provides various benefits free of cost along with the Student
Kit like learning tools, downloadable, certificate of course completion, Job
access, simulations etc. Module wise Student kit cost payable by the ATC is
given in “Annexure B”. Student Kit cost should be included in the course fee
charged to the students by the ATC. No money can be collected by the ATC in the
name of Fincurious separately. Fincurious agrees to make available sufficient
number of student Kits as per the requirement of ATC after receipt of payment.
ATC shall mandatorily buy a minimum average value of kits from Fincurious
calculated on a quarterly basis [‘Business Target”] as given in “Annexure B”.
The combination of various modules is ATC’s choice as per their business
visibility. Failing to achieve the minimum business targets on a quarterly
basis, may attract termination of license and this agreement. Further,
Fincurious reserves the rights to make any revision or changes in the student
Kit prices or business target from time to time.
-
Maintenance: ATC shall be responsible for all incidents which happens within its
premises and shall be liable to handle its consequences without effecting brand
image of Fincurious. ATC shall solely bear all the expenditure for running the
Institute. Fincurious is not at all responsible for any liabilities which are
accrued in relation to the ATC during the course of this agreement. The ATC
indemnifies Fincurious, its directors, officers and employees for all its
actions.
-
Marketing: ATC is recommended to invest on marketing activities on regular basis
to promote Fincurious and courses at the ATC location. ATC agrees to follow
templates provided and use only approved content by Fincurious in promotional
materials with its brand name. ATC agrees to consult with Fincurious and to keep
Fincurious reasonably appraised of its marketing plans and activities such as
printing of pamphlets, business cards, banners, etc. and to comply with
Fincurious's then-current customary marketing support policies and practices.
Fincurious shall have the right to approve such plans, and ATC shall provide
sufficient time for the said approval by Fincurious. Fincurious shall exercise
its approval rights in a timely and reasonable manner. ATC is not allowed to
create/develop website & mobile/web app in the brand name of Fincurious or DPAT.
ATC has no rights to create social media platform such as Facebook Page,
Twitter, LinkedIn, Instagram, etc. or any other online/offline platform in the
brand name of Fincurious or DPAT.
-
Reporting & Inspection: ATC has agreed to submit reports as specified by
Fincurious from time to time. That the ATC shall allow the personnel duly
authorised by Fincurious to inspect the premises, financial records, software
and hardware, etc. at any time.
-
Certificate: Fincurious in its brand name shall issue softcopy certificate to
the students on successful completion of their course after complying with
required conditions. ATC represented by Centre Director shall upload the
softcopy of signature to be inserted as training delivery partner in the same
certificate. ATC does not have right to issue certificate other than issued by
Fincurious for Fincurious or courses. Student shall be eligible to receive
certificate only after they complete the exam/test successfully. No hardcopy of
the certificate shall be provided by Fincurious. However, ATC may print the
certificate using the softcopy provided by Fincurious.
-
Placement Support: Fincurious shall provide support in order to get job
opportunities to students of ATC who have completed Fincurious / courses.
At the same time ATC should also put their reasonable efforts to place the
candidates in a reputed organisation. It is understood by both the parties that
Fincurious is not bound to provide such services. ATC is not allowed to offer
job guarantee to any potential leads or students who have opted for any courses
of Fincurious.
-
Online Mode of Training: ATC is allowed to conduct Fincurious courses LIVE
online training programs directly to students or through institutions. However,
ATC is not allowed to sell recorded versions of classes. Fincurious reserves the
right to conduct online training programs independently whether recorded or live
or whichever manner it thinks fit.
-
Termination:
-
Fincurious and ATC shall have the right to terminate this agreement and
the License after providing 60 days prior written notice without cause.
-
b. In case of any cause (defined below), after giving reasonable
opportunity to rectify the mistakes / cause(s) [‘Cure period'],
Fincurious shall have the right to terminate this Agreement and the
License in writing on an immediate basis. . The following events /
scenarios would be included in the definition of ‘Cause’:
-
Negative feedback received from students on continuous basis or
-
Collection of money in any form including course fee or any
other charges from students/ others in the name of Fincurious or
-
Training students without enrolling into Fincurious portal and /
or training students without the Student Kit or without giving
access to course materials or
-
Misbehaviour of any staff with students/any other prospective
customer which impacts the brand image of Fincurious or
-
Deviation from the rules and regulations on a continuous basis
as prescribed by Fincurious from time to time or
-
Violation of advertisement/marketing policies as prescribed by
Fincurious from time to time or
-
Non-maintenance of infrastructure as specified in ‘Annexure A’
beyond a specified period or
-
Clearly visible deviation from business activities and gross
negligence from ATC or
-
Misuse or miss-representation of the Fincurious brand or
-
xi. Non-achievement of the business targets set by the Company.
or
-
If the ATC is found misusing the name or Intellectual property
of Fincurious; or
-
The ATC commits a material breach of any obligation set out in
this Agreement or commit any act or omission which prejudices
the production or exploitation of the terms of Fincurious at any
time; or
-
The ATC copies or reproduces the any course content or materials
and / or violates any intellectual property or copyright of
Fincurious; or
-
If the ATC violates the confidentiality clause of this
agreement, or
-
Non-fulfilment or violation of any of the clauses of this
agreement
-
Any other circumstances which affects the brand value of
Fincurious; or
-
Any other circumstances which clearly represents ATC’s
incapacity to perform the acts under this agreement or
It is hereby clarified that, Fincurious shall be the sole authority to
decide if there is a cause for termination, whether the ATC has violated any
terms of the agreement or not and the cure period to be provided, if any.
-
Fincurious is not liable to refund any amount collected from ATC nor buy
back of students kits purchased by ATC in case of termination of this
agreement.
-
Termination Process: Upon receipt of termination notice ATC agrees to follow and
complete the following procedure on or before the date of termination for smooth
flow of termination process:
-
To Complete classes of all students based on the courses they opted and
submit report to Fincurious;
-
To Refund course fee to the students if collected in excess;
-
To clear all outstanding dues if any payable to Fincurious;
-
To handover all data shared by
Fincurious
acquired in the process during the term of this agreement;
Fincurious can claim compensation in monetary terms as may be deem fit, if the
ATC
violates
terms of this clause.
-
Non-compete clause: ATC agrees via signature below that not to start any
business by own or by any of the family members that can be deemed to be same or
similar in nature to Fincurious during the tenure of this agreement or for a
period of one year from the date of termination. Fincurious can claim
compensation in monetary terms as may be deem fit, if the ATC violates terms of
this clause.
-
Confidentiality and good faith:
-
Fincurious attaches great importance to confidentiality. ATC agrees to
maintain information acquired during the course of running business or
related activities as highly confidential. Confidential information
shall include but is not limited to information relating to the business
and affairs, database, terms of business and terms of this agreement,
information relating to business development, plans and strategies,
marketing plans and projects and financial and other information.
-
Confidential information must be neither discussed outside at any time
nor disclosed to others, nor is the ATC allowed to otherwise make use of
any other confidential information with which it has been entrusted or
has gained in the course of agreement. This applies during the term of
this agreement and for two years after expiry or termination of this
agreement for whatever reason. The ATC will also use its best endeavours
to prevent the publication or disclosure of any such confidential
information by any third party. Unauthorised disclosure of confidential
information will be regarded as sufficiently serious to justify summary
dismissal
-
ATC agrees during the period of this agreement not to write for
publication or comment in public about terms of this agreement or
internal business aspects/secrets without the prior consent of
Fincurious in writing.
-
Copyright and Intellectual property:
-
Fincurious owns all rights including IPRs, titles and copyrights of the
Student Kit including but not limited to any printed books, softcopy
materials, downloadable materials, tests, certificates, simulation
software, mobile app features, website contents, ERP, job portal,
recruiter database, and any other things incorporated into the Learning
Tools. The IP rights are protected by IP laws including Copyright
Designs and Patents Act 1988 and Trademark Act, 1999.
-
ATC hereby assigns to Fincurious with full title guarantee by way of
present
assignment of present and future copyright, and the entire copyright and
all
other rights whatsoever with the business arrangement by College under
this
agreement in relation to the Project and any additional services
rendered by
College pursuant to this agreement together with the copyright. ATC
irrevocably
gives all necessary consents under the Copyright Designs and Patents Act
1988 as
may be required with regard to the recording and/or use of the product
of ATC’s
services for the production, use and exploitation of the Project and any
related
promotional activities throughout the universe.
-
Fincurious can claim compensation in monetary terms as may be deem fit,
if the ATC violates terms of this clause. Any violation in the said
clause would empower Fincurious to pursue legal course of action at any
time as it may deem fit.
-
Transfer of Rights: ATC is not eligible to transfer its rights granted under
this
agreement.
-
Business Loss: ATC shall be solely responsible for any business loss
during
the course of this agreement that may arise due to normal or unexpected
circumstances.
-
Dispute: That if any dispute arises between the parties then the Bangalore Civil
and
Session Court stationed at Bangalore shall be Jurisdiction to decide the same.
In witness whereof the parties after understanding its conditions have put their
signatures in
presence of below signed witnesses on this the day, month and year hereinafter
mentioned.
CA Ganesh Shetty
Authorised Signatory
Fincurious Innovations Private Limited
(First Party)
(Second Party)
Witness 1:
Shashi Shetty
Address: #142/143, 3rd Floor, GR Plaza
DVG Road, Gandhi Bazaar, Bangalore 560004
Witness 2:
ANNEXURE A
Recommended Infrastructure Requirement:
- Classroom Setup: A dedicated classroom should be kept for Fincurious / DPAT
courses
having the minimum floor area of 150 sq. ft. with following infrastructure:
Particulars |
Unit |
Student Computers |
10 |
Faculty Laptop |
1 |
Conference Table |
1 |
Student Chairs |
10 |
Faculty Chair |
1 |
LAN Port |
12 |
Power backup |
1 |
Web Camera |
1 |
Mike |
1 |
LED TV 42” |
1 |
-
Counselling Cabin: A cabin to be kept for the counselling of students with
following
infrastructure:
Particulars |
Unit |
Computer/Laptop |
1 |
Guest Chairs |
2 |
Table |
1 |
Chair |
1 |
-
Computer Specification:
Following are the minimum expected features of all the computer:
Operating System: Windows 10 or above
Processor: i3 or above
RAM: 4 GB or more
-
Internet facility:
All computers must be connected with internet all time.
-
Promotion Materials:
ATC agrees to install following promotion materials at ATC location:
-
1. Non movable promotional materials for the visibility of public, which
must include name & logo, Certifying Authority (Fincurious) Name &
logo, Course Details.
-
Certificate of License” received from Fincurious to be displayed at
Front Office.
-
Stickering/Standee on unique features of course at Front Office/Common
Area (Minimum total dedicated space 30 square feet).
-
A3 Standard designs for Classroom Interior.
-
Minimum 1000 copies of (A4-2 pages-Front and Back) printed Student
Brochures for counselling.
-
Receipt books for student fee collection as per format specified by
Fincurious
-
Any other promotion materials which Fincurious specifies from time to
time.
ANNEXURE B
STUDENT KIT CHARGES
Sl. No. |
Module Name |
Printed |
Online |
1 |
Tally Foundation |
500 |
375 |
2 |
Microsoft Excel |
300 |
225 |
3 |
Payroll or Salary Statement |
300 |
225 |
4 |
Income Tax Computation |
500 |
375 |
5 |
TDS Computation |
300 |
225 |
6 |
GST Computation & Return Filing |
800 |
600 |
7 |
Tally Specialisation |
500 |
375 |
8 |
Income Tax Return Filing (Individual)
|
| 500 |
375 |
9 |
TDS Return Filing |
500 |
375 |
10 |
PF & ESI Return Filing |
500 |
375 |
11 |
Business Taxation |
600 |
450 |
12 |
Financial Statement & MIS |
800 |
600 |
*Prices are inclusive of GST
*Any changes to this Annexure shall be intimated to ATC in advance
License Fee
One-time non-refundable License Fee of Rs.15,000/- only
Initial Student Kit Fee Credits (Advance)
The Initial Student kit fee advance of Rs. 10,000/- only
Business Targets
Purchase of student kits worth Rs.10,000 per month. i.e. Rs.30,000/- on a
quarterly basis.
ANNEXURE C
Minimum Course Duration
Sl. No. |
Course Name |
Hours |
1 |
Level I (Jr.Accounts Executive) |
90 |
2 |
Level II (Sr.Accounts Executive) |
90 |
3 |
Level I & II |
180 |
4 |
HR Specialisation |
74 |
5 |
Tax Specialisation |
80 |
6 |
R2R Specialisation |
80 |
7 |
Tally Foundation |
22 |
8 |
Microsoft Excel |
10 |
9 |
Payroll or Salary Statement |
10 |
10 |
Income Tax Computation |
14 |
11 |
TDS Computation |
10 |
12 |
GST Computation & Return Filing |
24 |
13 |
Tally Specialisation |
24 |
14 |
Income Tax Return Filing (Individual) |
10 |
15 |
TDS Return Filing |
10 |
16 |
PF & ESI Return Filing |
10 |
17 |
Business Taxation |
12 |
18 |
Financial Statement & MIS |
24 |