Education PointSociety (Regd)
JalandharCity
Online TestCenter Owner Agreement
This agreement made and entered into Jalandhar on ______day of ______by and between M/s EDUCATION POINTSociety, anOrganisation having it's corporate office at Jalandhar through its President Mr.S.M Sharma herein referred to as "The President EPS" on one part, and ______s/o ______r/o______, herein referred as "The Online Test Center Owner" on the other part.
Where as The President EPS is inter-alias carrying on Business of Information Technology Education.
And Whereas The President EPS has developed expertise and has special technique and know how in the field of Information Technology Education and Software Development.
And whereas the President EPS desires to appoint the Online Test Center Owner at the specified geographical location of ______, in the city of ______in the state of ______which is in the area of Municipal Authority of similar statutory body.
And whereas the parties hereto are desirous of recording their understanding so arrived between them in the manner herein after appearing
Now this agreement witnessed as follows:
1. THE PREMISES
a) Use in the trade name of Education PointSociety7.00 am to 10.00 pm. 06 days a week or as desired by the President EPS or Online Test Center Owner from time to time.
b) Design or Appearance Standard of the Premises:- The premises shall be approved by the President EPS, and modified / furnished as per the design, theme, and color combinations as per the global theme of the President EPS. The Online Test Center Owner agrees to get these fabrication and changes done at his own cost.
c) Inclusion of Trademark, Logos. Styles:- The Online Test Center Owner shall include all distinctive styles, logos, trademarks and other such items which have become identifiable exclusively with the President EPS, in the premises.
d) Timings:- Strict adherence to the above mentioned time schedule is to be followed, falling which, without a prior notification to the President EPS, shall result in strict Penalty. Any such change, should be informed at-least 48 hrs. in advance, either by fax: or email to the President EPS.
2. THE COST:
a) Initial Online Test Center Owner Fee:- The President EPS shall charge a one time Royalty fee of Rupees 10000/- for giving it's name, brand image, format, system and leverage to the Online Test Center Owner, over a period of ONE year.
b) Continuing Revenue Sharing:- A charge ot Rs.100/- will be charged to all the students (certification fee ) for the Offline courses mentioned in the site.
c) Advertising Fees/Material:- The Online Test Center Owner, shall participate in the national, Regional, Local, advertising campaigns for brand building, Image building, or business building, of the President EPS or Online Test Center Owner as per the marketing strategy devised by the President EPS in a ratio which shall be discussed later. However if the Online Test Center Owner feels, it intends to advertise more, it shall do so, by getting a written clearance on the material to be advertised from the President EPS.
d) Running Expenses:- The Online Test Center Owner alone shall bear all running expenses of the centre i.e. to provide trained staff and faculty members, representatives to run the Society in elective manner and shall pay Electricity, Water Charges for the said premises. The President EPS shall not be liable to pay any amount for the staff employed at the said premises.
e) Infrastructure Availability, Maintenance and Up gradation:- The Online Test Center Owner shall make available the equipment and infrastructure (Detailed list attached) at his own cost as per the timings mentioned before in the agreement for the purpose for running the Technology Training Institute. The maintenance and up gradation of furniture, air-conditioners, sanitation system and the equipment such as hardware, software, networking, UPS, server etc. as per the list attached is the responsibility of the Online Test Center Owner alone.
3.CONTROL & EDUCATION
a) The President EPS agrees to give complete control to the Online Test Center Owner to exclusively manage the centre, promoting the President EPS's designed program, in the manner they have been designed
b) The Online Test Center Owner will provide a Free Basic Course Free of Cost to all the Education Point Associates and after the completion of the course the certification will be provided by the President EPS.
c) To be able to progress harmoniously towards the common objective, of Imparting sophisticated Grade-A Education to all students, the Online Test Center Owner agrees to follow the education pattern, very strictly, and adhere to other Organisation policies on promotions, special rebates, scholarships, exclusions, inclusions etc.
d) The teaching Methodology, and Design Of Course contents, Scholarship Tests. Issuance of Certificate, shall all come under direct control of the President EPS.
e) All these rights are being issued to the Online Test Center Owner on good faith and involvement, or Mr. ______and Mr ______and Mr______. In case of any change in ownership of Online Test Center Owner, It is up to the President EPS Whether or not to continue with the Online Test Center Owner,
4.RESTRICTIONS
a) The Online Test Center Owner agrees to restrict the courses in the concerned premises to only the ones that are being offered by President EPS.
b) The Online Test Center Owner agrees to buy all the academic material, i.e. books, periodicals, and issue them only to students who have enrolled into it's program. The Online Test Center Owner also agrees to keep all the reference books in a locked area, and shall make them available only for reading on the premises. These books are training where the client is coming in because of his personal reputation, shall the Online Test Center Owner be allowed to entertain clients from other regions.
d) The Online Test Center Owner agrees to abide by all terms and conditions as stipulated by the President EPS from time to time promote business, and increase awareness.
5. FINANCE AND ACCOUNTS
a) The Online Test Center Owner shall keep a book of account as desired by the President EPS in the format as prescribed by their President EPS, and shall make available this book of accounts to the President EPS or it's representative for transparent operations of the Online Test Center Owner.
b) The Online Test Center Owner shall receive all fee, and shall deposit in the President EPS's account in his city, and such account shall only be operational by the President EPS. The President EPS holds his right to send his accountant/ representative to the Online Test Center Owner to settle accounts, verify all books as maintained by the Online Test Center Owner from time to time. The Online Test Center Owner agrees to entertain this activity at all times.
c) The President EPS shall from time to time (at the most Once in a Quarter) settle accounts as per the conditions as described in detail later.
d) The Online Test Center Owner shall receive payments on behalf of the President EPS, and shall give due receipts to all who enroll in the Institute. Payments can be accepted in terms of Cheques /Drafts/Cash.
e) The Online Test Center Owner agree to entertain Education Point.in"EACH ONE TEACH TWO PROGRAM"
f) The Online Test Center Owner shall also entertain EDUCATION POINT members for at-least one hour a day everyday for the Internet facility to study online with a nominal charges as compared to other cyber cafes/Institutes. It shall also ensure that all EDUCATION POINT members are treated equally, irrespective of his positions in relevance to the Online Test Center Owner.
g) With vision learning and harmony exists at National level. There would be chance that students from other parts of the country shall migrate to the OnlineTestCenter Owner's town, and shall like to pursue their course with it. The Online Test Center Owner shall comply with the norms as laid by their Organisation to provide such a student every facility, as originally proposed to him by their center he had originally joined in. The remuneration as regards to this case shall be as per the terms and conditions discussed later.
6. PRESIDENT EPS'S OBLIGATIONS
a) The President EPS shall at all times keep the content of the course latest and with the growing Industry trends. However since the President EPS is an expert in this Industry, it is upon it's discretion whether or not to introduce the technology in it's course
b) The President EPS shall ensure a continuous and non-stop supply of the requisite stationary/books as desired by the Online Test Center Owner.
c) The President EPS shall try to settle all collection sharing within a month of the collection, but not later than 03 months.
e) The President EPS shall ensure a smooth, un-biased, discipline, and principled operational behavior towards all the Online Test Center Owners. It shall also exercise it's special powers to resolve dispute between two Online Test Center Owner, and it's decisions shall be accepted as final.
f) The President EPS from time to time shall come and inspect the Online Test Center Owner and ensure that it is competitive with the other Online Test Center Owners, to be able to set up a standard in the industry, which evolves the basic required for any business to be successful.
g) The President EPS shall assist in training technical staff/faculty for the Online Test Center Owner at a nominal cost.
h) The President EPS, if the Online Test Center Owner so desires, shall advertise, interview, and assign all faculty in the Online Test Center Owner. The total cost involved in the whole process shall be borne by Online Test Center Owner though for their first time their Online Test Center Owner and the President EPS shall share it.
i) The President EPS shall ensure that it trains the most deserving faculty in the Online Test Center Owner with the latest in the Technology Industry sees a new development. The cost involved in this process is to be shared by their both, their Online Test Center Owner and the President EPS, should it be more than 04 times in a year.
j) The President EPS shall convene meetings, trainings, send news letters and latest updates in the world of Information. Technology of the Online Test Center Owner, to keep it informed to the latest. the same by all means possible. The cost involved in their same process can be decided as per the situation.
k) Lastly, their President EPS shall keep thinking new business development programs and shall implement the same to get the most positive results in promoting business.
7. THE ONLINE TEST CENTER OWNER'S OBLIGATIONS
a) The Online Test Center Owner agrees to put in his honest, dedicated, and ethical efforts in promoting his business. It shall ensure by all means a strict adherence to the terms and conditions mentioned in this contract
b) The Online Test Center Owner shall at all time keep the President EPS Informed of their progress at the institute, through their web-site, email, registers, and other recording devices regularly so as to enable the President EPS the trend of the working, market and other valuable database which help in designing future marketing strategies.
c) During the time, this contract hold good. The Online Test Center Owner agrees to be solely faithful to the President EPS, in terms of brand and education promotion, should it by necessity be pushed to associate itself with any other Organisation in this business, it shall not do so without the prior written consent of the President EPS.
d) EXCLUSION OF PRESIDENT EPS'S OTHER TRADEMARKS, TRADE NAMES, DESIGNS, LOGOS, COPYRIGHTS:- This agreement shall not permit the Online Test Center Owner to use the President EPS's trade name, trademarks, designs logos, copyrights for any other purpose whatsoever. The President EPS shall use the same as mentioned earlier only to run and facilitate the promotion or advertisement of the center.
c) INFRASTRUCTURAL AVILABILITY:- The President EPS or it's agents shall have a right to access all labs, classrooms, admission and follow up records of the student register etc. The Online Test Center Owner shall provide the infrastructure for which the agreement is in force i.e. THREE YEARS w.e.f. ______.
8. PHYSICAL POSSESSION:
a) The premises is the responsibility of their Online Test Center Owner, along with the necessary infrastructure as discussed above. The Online Test Center Owner is alone responsible to pay all statutory, corporation, municipal, or other taxes associated with the land, building, or property as per the local guidelines. The President EPS holds no right, or interest in the aforesaid property and shall never claim any RIGHT TITLE OR INTEREST in the said premises of any nature, whatsoever. The President EPS cannot claim any right on the property. He is entitled only to use the said premises for computer education, only for three years and after three years, this agreement can be renewed further with the will of the both parties.
b) The keys to the premises shall solely be in the custody of the Online Test Center Owner, and the President EPS is only authorized for all his visits at regular work-timings. But should it be necessary to spend more time on up-gradation of the software, or equipment, directly involved in promotion the President EPS's business, the Online Test Center Owner shall do all the needful to make available the premises along with necessary infrastructure to President EPS's representative.
9. THE FINANCIAL PROJECTIONS:-
Although real calculation may vary from area to area, regionally, and even by the Online Test Center Owner owner, faculty, and courses being offered, we have taken a medical scenario which give you the projection of Business involved in the System. Let us assume and Institute with the following Infrastructure.
RESOURCES
a) Premises Area =1200 Sq.Ft Approx.
b) Laboratory for =10 workstations 3'-6' wide and 2' deep
c) Theory Room =02 Numbers approx. 10-15 student each
d) Reception =6-8 Persons Seating
e) Library =6-8 Persons Seating
f) Utilities=As desired / Available
g) Faculty =03 Numbers
h) Manager =01 Numbers
UTILIZATION CAPABILITY
Operation Timing =7.00am to 10.00 pm
Maximum Capacity =14 batches of 20 Students alternating with one hour in theory followed by one hour in lab or vice versa=280 Students in a month.
So while the routine courses keep your expenses lists under paid account, the highend courses or the corporate trainings is what make your business more pleasurable.
10. "TERMINATION CLAUSE"
Although at the beginning of a relationship clauses like these should not be even though of, but these are as essentials in the business as the business itself, for at times progress exists in separation. Here are few Instances where the effects of Termination would come in.
a) Non-Compliance of any of the above terms and conditions shall result in a warning from the President EPS. Issuance of Three warnings within 06 consecutive months shall lead to termination of the Online Test Center Owner.
b) Any discrepancy in accounts shall result in immediate suspension until issue is settled.
c) All suspensions and terminations shall result in forfeiting of the royalty fee or any other outstanding from collection sharing.
d) Non-Observance of Rules guarding the EDUCATION POINT members, like leg-pulling, unethical behavior in business promotion shall result in Termination.
All Rules as implied from time to time shall be respected and accepted by the Online Test Center Owner fro developing a speedy growth system.
I have clearly understood all the terms and conditions and agree to abide by them
In witness thereof:
Witness 01: The Online TestCenter Owner:
Witness 02: The President EPS
Mr. S.M Sharma
(President Education)
Education PointSociety.
Dated:______
EDUCATION POINTSOCIETY
SELF-ASSESMENT FORM FOR AN ORGANISATION FOR BECOMING AN
Online STUDY CENTRE OF "EDUCATION POINTSOCIETY”
Kindly fill up this form and attach supporting document / profile and application form for becoming an authorized study centre
1.Name of the Firm/Organisation/Institution/Society
(Date of Incorporation)
- Name of Head of organization
- Father name
- Address
Email Address
Website, if any, then URL
4.Telephone (O)
(R)
(Mobile)
(FAX)
5.Status of the Firm/Institution:-
a. Limited/ Proprietary/ Pvt. Limited/ Society etc.
b. Date of Incorporation/ Commencement of business
c. Nature of Business
6.a. Qualification of the Owner/ Management
7. Existing/ Proposed Location of the Centre
a. Prime Location/ On Road etc.
b. Owned/ on lease/ Rent etc/ Commercial/ Residential if rented, any terms of Rent.
c. Visibility from Road & Parking Area.
d. Familiarity of the location
8.Total carpet area and its set up
9.Infrastructure of Centre
a. No. of Class Rooms
b. Total No. of students it can train at any one time
c. Seating capacity of each class & furniture
d. Air conditioning
e. Training Aids such as overhead projectors boards & markets/ chalks etc.
f. Computer/ TV/ VCR/ based Classroom
g. UPS for computer System
h. Is there any room for Counseling and management
i. Conference / meeting room
j. No. of Computer Labs & total no. of computers
k. Configuration of computers
l. Software used and their source
m. Networking software used
n. Legal Software available and their names
o. Any specialized multimedia lab with CD-ROM/Speakers/Headphones
p. Any educational CD available
q. Networking in lab
r. What kind of Networking (UTP/OFC/Etc.)
s. Internet Connection & Type
t. No. of Modem/ Printers & its Configuration
u. staff room available or not
v. Any almirah or Lockers for the staff members
w. Generator for Power Backup