These Logic Partner Program Terms & Conditions (these “Terms“) contain the terms and conditions that govern your participation in the Logic Partner Program and are an agreement between Logic ERP Solutions Pvt Ltd (LESPL) and you or the entity you represent (“Partner“, “You”). These Terms take effect when you check the box presented with these Terms during the registration process.
1. THE PROGRAM
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1.1 Registration: To join the Logic Partner Program, Partner must submit a complete program application through https://logicerp.com/Account/SetupPartner and accept the Terms and Conditions. You undertake that any information you provide to us during the registration process is true, complete and accurate. You agree to correct or update information you have submitted as needed.
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1.2 Approval: Your application will be sent for approval after submission. LESPL may contact you multiple time during the verification process of the application.
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1.3 Independent Parties: PARTNER and LESPL are independent contractors, and these Terms do not create a partnership, joint venture, agency, fiduciary, or employment relationship. The use of the term “partner” refers solely to membership in the Logic Partner Program. The relationship of the Parties shall strictly be on a principal to principal basis. Partner shall not have the right or authority to assume, create or incur any liability or obligation of any kind, express or implied, in the name of or on behalf of LESPL nor shall Partner have any authority to act for or on behalf LESPL to sign or otherwise enter any kind of contract, undertaking or agreement or make any promise, warranty or representations with respect to the Solutions without the written authority / permission of LESPL. LESPL shall not be bound by any acts or omissions, obligations or defaults of Partner, its employee, agents or any other representative. Nothing in this Agreement shall restrict or deemed to have restricted LESPL from appointing any other person or entity as Partner, representatives and other third parties to promote and sell the Solutions.
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1.4 Communication: We require the right to send system mails to you about the functioning of the portal, or to provide any information through emails or calls. We undertake never to pass your details onto any 3rd party, unless required to do so by the laws governing this agreement for legal purposes.
1.5 Program Benefits
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1.5.1 For each qualified order you will be given discount as described in the Commission Structure.
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1.5.2 You must achieve the targets specified to be eligible for discount.
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1.5.3 Partner can charge any other charges as per their company policy directly from Customer. These changes will not be mentioned in the order placed on the Partner Portal.
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1.5.4 Partner can anytime contact LESPL technical team for support. However, support from LESPL team will be provided online only. LESPL support executive will not visit physically at clients location.
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1.5.5 Logic Cloud Partner Program does not restrict your territory for selling. You are free to sell the products anywhere.
1.6 Responsibilities of Partner:
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1.6.1 During the agreement period, the Partner agrees to achieve targets as communicated by LESPL from time to time.
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1.6.2 The Partner shall always during the term of this agreement actively (a) promote sale of the Solutions and carry on policy designed to enhance goodwill associated with the name and reputation of LESPL and its solutions, (b) comply with all applicable laws, regulations and orders of any governmental authority, and (c) not engage in any illegal, harmful, false or deceptive acts or practices.
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1.6.3 Logic Cloud Portal is a self-serviced portal. Partner must learn how to work in Logic Partner Portal.
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1.6.4 All costs and expenses incurred in the transportation, storage, display, merchandising and placement of Solutions for sale shall be borne exclusively by the Partner. LESPL shall not reimburse any expenses of whatsoever nature.
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1.6.5 The Partner shall comply with all information, knowledge, data, technical specification etc., furnished by LESPL in strict confidence and shall disclose ONLY to customers or his own employees strictly on need to know basis only towards furtherance of goals envisaged under this Agreement.
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1.6.6 While selling Cloud Based Solution. Following things must be communicated to the customers
-Logic ERP Cloud Based solution works only with internet. There is no way of working if internet is down.
-Logic ERP cloud Based Solutions works on browser only. There is no windows-based application for this.
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1.6.7 If customer served by the Partner is not satisfied by the services given by the Partner and he wants to change the Partner, then partner will provide a written NOC to LESPL after completing the formalities with the customer at their end.
2. INTELLECTUAL PROPERTY RIGHTS
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2.1 Partner hereby acknowledges and agrees that all rights in the intellectual Property {brand names, trademarks, logos, trade dress, engineering designs, patents, patent applications, copyrights, etc.} of LESPL are the exclusive property of LESPL and that it has not, had not and shall not, at any time, assert or claim any right or interest in any of the intellectual property rights of LESPL by this Agreement or otherwise. Partner further acknowledges and agrees that it has been granted only a limited right to market and sell the Product(s) and Solution as per the terms and conditions herein. Partner shall always take necessary steps to prevent infringement of the copyright, trademarks and / or other intellectual Property rights of LESPL by any third party. Upon becoming aware of any such actual or attempted infringement, Partner shall promptly inform LESPL of such infringement and both parties shall agree on measures necessary to prevent such infringement.
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2.2 This Clause INTELLECTUAL PROPERTY RIGHTS shall survive the expiry or termination of this Agreement.
3. CONTRACT PERIOD, RENEWAL AND TERMINATION
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3.1 The agreement is valid until terminated by either party.
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3.2 LESPL shall immediately terminate this agreement if the Partner fails to cure any breach of its obligations under this agreement promptly upon notice by LESPL.
4. RIGHTS AND OBLIGATIONS UPON TERMINATION / CANCELLATION
Immediately upon termination of agreement for any reason whatsoever
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4.1 All amount payable to LESPL shall become immediately payable on the date of termination of the agreement.
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4.2 Partner shall cease to promote, market and sell solutions and cease to use in any manner the trademark, trade names, emblems, designs and logos of LESPL for any derivatives thereof.
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4.3 Partner shall not intentionally or otherwise commit any acts as would cause a third party or a layman to believe that the Partner continues to promote and market LESPL solutions.
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4.4 The expiration or termination of the Agreement for any reason whatsoever shall not affect any obligation of either party having accrued under the Agreement prior to the expiration or termination of the Agreement and such expiration or termination shall be without prejudice to any liabilities of either party to the other party existing at the date of expiration or termination of the Agreement.
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4.5 Upon termination all existing customers and services served by the partner will be transferred to LESPL and LESPL has the right to assign new Partner to these customers.
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4.6 Upon termination on any of the above grounds all pending Orders with credit terms if any, placed by Partner for the Product and Solution may automatically be terminated by LESPL without any liability on LESPL.
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4.7 The Partner shall not be entitled to any compensation or indemnity (whether for loss of distribution rights, goodwill or otherwise) because of the termination of this agreement in accordance with its terms.
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4.8 The Partner shall immediately eliminate from all its literature, business stationery, publications, notices and advertisements all references to LESPL and all other representations of the Partner's appointment hereunder.
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4.9 During the term of this Agreement , PARTNER and LESPL will not, directly or indirectly, in any manner request, influence or induce any employee or independent contractor of LESPL/PARTNER who is involved in the performance of this Agreement to leave his or her employment or engagement with LESPL/PARTNER , nor hire or engage as a consultant or independent contractor any person who is or has been an employee or independent contractor of LESPL/PARTNER at any time within one (1) year immediately preceding such hiring or engagement, without the express written authorization of LESPL/PARTNER . Notwithstanding the above, LESPL/PARTNER may solicit the services of, offer employment to, or employ any employee of both party (i) who has been terminated prior to commencement of employment discussions, or (ii) who has responded to a general media advertisement or non-directed search inquiry, or who makes an unsolicited contact for employment.
5: INDEMNITY
Partner will indemnity, defend and hold harmless LESPL for all costs, expenses, judgment and damages finally awarded in a court of competent jurisdiction, or by written settlement agreement signed by Partner, including reasonable attorney's fees, arising from a claim by a third party, Customer, Client or a Party to this Agreement, that the Partner software furnished and used within the scope of this agreement infringes any copyright, patent or registers trademark or any other Intellectual Property Rights or for any other claims arising from this Agreement.
6: LIABILITY
LESPL's liability for any breach of the conditions under this Agreement or otherwise to the other or any person will not exceed the total of fees paid by Partner to LESPL in the 12 (Twelve) months period prior to occurrence of such act / omission.
Moreover, LESPL shall not be liable to the other or any person under this agreement for any indirect, consequential, incidental, special, exemplary or punitive damages or for any loss of profits, opportunities, or data, howsoever caused.
7: FORCE MAJEURE
Neither party shall be liable for failure to perform or delay in performances of its obligation hereunder (other than an obligation to pay a nominees) caused by any circumstances beyond its reasonable control, including but not limited to fire, war (whether embargoes, shortages of motor vehicles, delays in transportation, inability to obtain supplies of raw materials, any act of central or local government or any other civil or military authority, industrial disputes, lockouts & strikes or any acts amounting to force majeure, provided that if the period of default continues for more than (60 days) the other party shall be entitled to terminate the Agreement forthwith by a notice in writing.
8: ARBITRATION
In the event of any dispute or difference arising between LESPL & Partner whether this agreement is then subsisting or not such dispute or difference shall be referred to the decision of the Arbitrators to be appointed by each party and shall be governed by the provisions of Indian Arbitration & Conciliation Act, 1996 and the Rules made there under or any statutory re-enactment, modifications or extension thereof for the time being in force. The venue of Arbitration shall be Mohali, Punjab and the language of arbitration proceedings shall be English. The disputes and arbitration award shall be decided in jurisdiction of Mohali, Punjab courts only.
9: JURISDICTION
Any dispute between the parties pertaining to this agreement shall be entertained within the jurisdiction of Mohali, Punjab, India.
10: LANGUAGE AND ADDRESS FOR COMMUNICATION
All written communication between the parties hereto shall be considered in English language. All communication shall be sent addressed to the Director of the Partner mentioned here in above and to the Branch Manager/AVP Solution Sales / Product Manager / Vice President of LESPL regional offices or corporate office at E-89 Phase-8 Ind. Area, Mohali (Punjab) 160071, India.
11: INTERPRETATION
The headings are for the sake of convenience only and shall not affect constitution of any provisions hereof.
Contact us at:
E-89, Phase-8, Industrial Area, Mohali-160071, Punjab, India.
sales@logicerp.com, support@logicerp.com
+91 (172) 666 9800, +91 (172) 469 9800, +91-9915549944
Sales Desk +91-7341141175, +91-7341141176
Toll Free 1800-208-9933