AGREEMENT for Services
Separate Written agreement will be signed with Student/Parent based upon specific requirement of the student for the enrolled Counselling/ Training Services
This agreement entered into, made and executed at the time of making online payment
Astute Academy Private Limited OPC having its office at 502, Amit Shrephal, Ghole Road, Shivajinagar, Pune 411005 through its Chairman Dr. Tushar Vinod Deoras, which expression shall, unless repugnant to the context herein shall mean and include representatives, successors-in-title, and assigns, etc. thereof (hereinafter referred to as “AAPL”).
Student / Parent making the payment which expression shall, unless repugnant to the context herein shall mean and include his/ her legal heirs, representatives, successors-in-title, and assigns, etc. thereof (hereinafter referred to as “STUDENT”)
[In case the STUDENT is a Minor, the PARENT shall have this agreement on behalf of the STUDENT as a natural guardian. In such case all the obligations of the STUDENTS shall become the obligations of the PARENT under this Agreement.]
Parent, Which expression shall, unless repugnant to the context herein shall mean and include his/ her legal heirs, representatives, successors-in-title, and assigns, etc. thereof (hereinafter referred to as “PARENT” OR “CONSENTING PARTY”)
(AAPL, the STUDENT, PARENT or CONSENTING PARTY hereinafter referred to as Party individually and Parties collectively).
NOW THEREFORE THESE PRESENTS, WITNESSETH AND THE PARTIES HEREBY AGREE AS FOLLOWS:
The title of this Agreement and its headings are used for convenience only and shall not affect the interpretation of this Agreement.
In this Agreement, (unless the context specifies otherwise), reference to the singular includes a reference to the plural and vice versa, and reference to any gender includes a reference to all other genders.
In this Agreement, (unless the context specifies otherwise), reference to an individual shall include his personal representative, successor or legal heir.
Unless the context specifies otherwise, the obligations and liabilities of the STUDENT/ CONSENTING PARTY arising under or in relation to this Agreement shall be unconditional and irrevocable.
The STUDENT is desirous of getting services as mentioned in product description.
The STUDENT has undertaken or will undertake all the applicable tests and has scored or will score at least the minimum marks in exams to qualify for applying in institutes.
AAPL will select the Universities/Colleges (hereinafter collectively referred to as “the Institutions”) based on the course desired, the academic performance, agreed minimum marks, states as specified by STUDENT and such other applicable terms.
AAPL will handle complete admission process in Government, Private & Deemed Universities in states for which STUDENT is enrolled subject to student being eligible to apply. The applications will be done, subject to the provisions of this Agreement, provided the STUDENT meets the admission criteria of the Institutions, complies with the minimum marks requirements, submits all documents as required by respective institutes for admission before deadline. (hereinafter collectively referred to as “the said Documents”).
AAPL will sign the detailed agreement with the student /parent for the enrolled services and will define complete deliverables.
The STUDENT has full right to cancel this agreement and get 100% refund of the amount paid online in case student does not agree to the terms of the new detailed agreement specific to the services enrolled. Once the New agreement is signed by student/parent, the current agreement become NULL and VOID and the new agreement will be binding between AAPL and STUDENT.
The total liability of AAPL is strictly limited to the fees paid by the STUDENT / PARENT to AAPL.
The STUDENT shall fully indemnify and keep indemnified AAPL against all actions, claims, proceedings, costs, damages, expenses, losses, demands, liabilities which may be brought against it or which it may sustain or incur at the instance of any third party/ person(s), or any person(s) claiming his / their rights on account of non – fulfillment of the obligations in terms of this Agreement by the STUDENT or any of its personnel or agents. AAPL shall be entitled to adjust / recover such claims from the charges payable to the Institutions under this Agreement.
The STUDENT shall fully indemnify AAPL and shall keep it indemnified against all the costs, damages, liabilities, penalties, fines, expenses, demands, losses, including but not limited to legal expenses with respect to the following –
Intellectual Property Rights;
Failure on the part of the STUDENT to comply with any terms of this Agreement. or rules made thereunder such as:
The STUDENT shall not claim any damages, costs, charges or expenses from AAPL which it may suffer or otherwise incur by reason of any act, negligence, default or error in judgment on The STUDENT’s part in performance or non- performance of any term of this Agreement.
The STUDENT shall act at all the times with integrity and commitment to fair communication and shall not engage in any unfair or deceptive practice.
The STUDENT shall be solely responsible for any misrepresentation made or wrong impression given to AAPL or Institutions. The STUDENT agrees to fully indemnify the AAPL for legal or other consequences if any arising out of any misrepresentation made or wrong impression given by The STUDENT or PARENTS. The STUDENT undertakes to make all necessary disclosures to AAPL before signing of this Agreement.
Any and all disputes or differences between the parties arising out of or in connection with this agreement, so far as it is possible, be settled by negotiations between the Parties amicably through consultation.
Any dispute or difference arising out of or in connection with this agreement, which are not amicably settled as aforesaid, shall be resolved and decided by a Sole Arbitrator to be appointed by AAPL in accordance with the provisions of Arbitration and Conciliation Act, 1996 or any amendment thereof. The language of arbitration shall be English and the place of arbitration shall be at Pune only.
Each Party shall bear and pay its own costs and expenses in connection with the arbitration proceedings unless the arbitrators direct otherwise.
The court as defined in Arbitration and Conciliation Act, 1996 shall be Courts at Pune only.
This agreement shall be stand automatically terminated upon completion of services to the STUDENT or refund of fees by AAPL.
The failure of either party to exercise any of its rights under this Agreement for a breach thereof shall not be deemed to be waiver of such rights or waiver of any subsequent breach.
This Agreement, together with the Exhibits attached hereto, constitute the entire understanding of the parties. This Agreement supersedes and terminates all prior written or oral negotiations, representations or agreements regarding the subject matter of this Agreement. No modifications of this Agreement shall be binding on either party unless in writing and signed by both the parties.
Either party shall be excused for any delays or defaults in the performance of this Agreement (except the payments of the amounts due and payables hereunder) unavoidable caused by the act of the other, the act of any agent of the other, the act of any government authority, acts of God, war, litigation, strikes, walkouts or any other cause beyond its reasonable control. Each party shall use all reasonable diligence to avoid any such delay or default and to resume performance under this Agreement as soon as practical after such delay or default.
By signing this agreement the STUDENT or CONSENTING PARTY acknowledges to have read and understood the terms, conditions and obligations set forth in this agreement and agrees to abide by the same.
IN WITNESS WHEREOF, AAPL, the STUDENT and PARENT have caused this Agreement to be duly executed and delivered in duplicate as of the day and year first above written.
For Astute Academy Private Limited OPC
Dr. Tushar Vinod Deoras STUDENT
PARENT/ CONSENTING PARTY