souravghosh.com & ‘Sourav Ghosh & Team’ Terms and Conditions (“Agreement”)
This Agreement was last modified on 20th October 2020.
Please read these Terms of Service completely before and while using souravghosh.com website and associating with ‘Sourav Ghosh & Team’ in any capacity, which is owned and operated by Sourav Ghosh (Sole Proprietor). This Agreement documents the legally binding terms and conditions attached to the use of the Site at souravghosh.com & association with ‘Sourav Ghosh & Team’.
By using or accessing the Site in any way, viewing or browsing the Site, or adding your own content to the Site, or working with ‘Sourav Ghosh & Team’ in any capacity; you are agreeing to be bound by these Terms of Service.
The Site and all of its original content are the sole property of Sourav Ghosh and are, as such, fully protected by the appropriate international copyright and other intellectual property rights laws.
Sharing the content without clear attribution to the source page URL and/or Sourav Ghosh’s profile at that particular Social Media site is a complete violation of this agreement.
Sourav Ghosh reserves the right to terminate your access to the Site or association with ‘Sourav Ghosh & Team’, without any advance notice.
Links to Other Websites
Our Site does contain a number of links to other websites and online resources that are not owned or controlled by Sourav Ghosh.
Affiliates and FTC Disclosure
Many of the links given on this website are affiliate links, which means Sourav Ghosh & Team might earn some compensation from those businesses.
Please note that we only recommend those products and services which we personally like and/or think will be beneficial for our readers.
Delivery and Shipping Policy
Right now all products and services sold from this website & ‘Sourav Ghosh & Team’ are virtual, so there is no provision of delivery and/or shipping.
Refund and Cancellation
By buying any Digital Products or Virtual Services from www.souravghosh.com website or ‘Sourav Ghosh & Team’ or via any channel owned by ‘Sourav Ghosh’, you hereby agree to not claim for refund or demand cancellation.
Please get all your doubts & expectations cleared before making any payment to ‘Sourav Ghosh & Team’ via any payment method including but not limited to PayPal, Instamojo, Bank Transfer, NEFT, UPI etc.
If you are not confident about the quality of delivery by ‘Sourav Ghosh & Team’, you are strongly advised to not order anything from them.
By ordering any Digital Products or services from ‘Sourav Ghosh & Team’, you hereby understand that either your Digital Product will be shipped to you instantly or some team members will start putting effort working on your task.
Which is why any kind of Refund or Cancellation will not be possible under any circumstances.
For any creatives, logos, and other visual contents client has to approve the draft within 7 days of final submission with proper feedback, failing which will incur the same cost of the service as charged at the beginning.
In case you have any complaints regarding any products/services provided by ‘Sourav Ghosh & Team’ and think that you haven’t received enough value for what you’ve paid for; please report from the Contact page or message Sourav directly.
Your agreement to this refund policy will overrule any refund policy by the payment method providers like PayPal, Instamojo etc.
Sourav Ghosh & Team’s Service Agreement
Updated on: 2oth October 2020
TERMS AND CONDITIONS:
- This is the General Service Agreement, governing all Team Members or associates of the proprietorship firm operating under the name and style of “Sourav Ghosh & Team”, based in India. You shall read these Service Terms carefully and agree to abide by the same on execution of the Agreement. A copy of these Service Terms is available at https://www.souravghosh.com/terms-and-conditions/#team to promote and maintain transparency and mutual understanding. Terms and conditions may be updated from time to time, with prior notification, and such an updated version of the Service Agreement will be available here.
- By working with Sourav Ghosh & Team (henceforth referred to as the team) and by executing this Service Agreement on duly paid stamp paper/ clickwrap contract/through hellosign portal/ through an online signing portal, you agree to be legally bound by these terms and conditions. If you do not agree to these Terms and Conditions, you must not work with the team in any manner or capacity whatsoever.
- Any position in Sourav Ghosh & Team is offered and available to those who are 18 years of age or older. If you are under 18 you cannot join the team. You may join the team, if only you represent and warrant that you are not a minor, and thus capable to form a binding contract and meet all of the foregoing eligibility requirements.
- On executing this agreement you confirm that you have understood all about the nature of our business, your role in the team, cooperation with other teammates, work demands, nature of your engagement and you are fully aware that with the change in business demand, these terms and conditions may change over time.
- You also promise that you have assessed the work requirements and you are reasonably confident of your fitment to the role given your education and experience, before signing this Agreement.
- You might be required to sign a project-specific contract with the clients of the proprietor as an independent service provider, from time to time as it might be required including but not limited to data security, data protection, specific service conditions, and such other agreements.
Clients: People who obtain services from Sourav Ghosh & Team.
Teammates/ Associates: Anyone associated with M / S. Sourav Ghosh & Team in any capacity as service providing independent professionals including a VBM or BDM.
Virtual Business Manager (VBM): Individuals taking care of project management, client & team communication & overall business growth for M/s. Sourav Ghosh & Team.
Business Development Managers (BDM): Teammates in charge of sales and business development for M / s. Sourav Ghosh & Team.
Asana: Project management tool we use for communication and task management.
Lark: Professional Communication tool used by the team for daily quick communications.
Understanding the way “Sourav Ghosh & Team” works:
Sourav Ghosh & Team work in an unconventional manner, for all team members and associates, are independent professionals who have come together to build an enterprise providing wholesome digital marketing and other technology services. Whereas, each of the team members is highly skilled at different niche technology services, complementing each other with their skills, driven by an entrepreneurial spirit, aiming for innovation and quality.
Premium quality, innovation, and efficiency are achieved in “Sourav Ghosh & Team” by associating and providing a platform to self-driven, committed professionals who are working independently from home or their chosen place.
To be responsible, accountable and answerable to the other team members for your work and live a healthy and balanced personal life is an essential quality to be part of this team. We operate from the belief that an unhealthy work-life is counterproductive for innovation and high-quality services that we vouch to deliver to our clients. Satisfaction as a team is assessed by the quality of services that we deliver, reputation being the most important asset and recommendation by existing clients being the biggest source of our expansion.
We are offering to provide extraordinary growth and efficiency to our clients, through specific business logic implementations that we have already implemented for ourselves & other businesses worldwide and have been creating extraordinary results out of it.
We believe in ownership of projects to deliver the best. Teammates joining “Sourav Ghosh & Team” after signing this contract will receive a basic Consultancy Fees of 10K INR (TDS Deductible) per month unless it is otherwise assessed and mentioned in the offer/engagement letter. The monthly Consultancy Fees will be increased from time to time based on your dedication, involvement and growth achieved.
- At least 1 year of working commitment is needed. Discontinuation of your services by you, before completion of one year from the joining date will result in a financial penalty not exceeding your total income generated during your association with “Sourav Ghosh & Team”.
- At least 3 months’ written notice is required to be given to Sourav Ghosh, the Proprietor before discontinuation of your services addressed to the email address being [email protected]. failing to do which, you shall be responsible for a financial penalty of three times your average monthly income in the last 12 months’, generated during your association with “Sourav Ghosh & Team” without any prejudice to the other rights and remedies available to the Proprietor.
- Submission of photocopy of PAN card is mandatory to receive any payments from the proprietor for providing services to the clients if you are an Indian. The proprietor shall enjoy the discretion to allow or disallow payments to the team members without GSTIN certificate if you are an Indian.
You shall be solely responsible to pay all taxes, levies and be fully compliant with the applicable laws pertaining to all transactions arising out of this contract and payments made to you unless it is a specific statutory obligation of the proprietor to be compliant with statutory requirements of TDS, GST etc. for an Indian.
Team members are required to be compliant with the applicable taxation laws on their own initiatives, the Proprietor shall not be responsible to ensure the same for you and if the Proprietor incurs any cost, levies, damages, penalty, claims due to your non-compliance with regards to any of the laws applicable for any transactions arising out of this contract, you shall be solely liable to indemnify the proprietor against all such cost, levies, damages, claims and or penalties without any limitation on such indemnification obligations. However, the Proprietor will have the option to terminate your engagement if any irregularities/ non-compliance is found out pertaining to your engagement.
- Starting Consultancy Fees for freshers (with full-time involvement) will be Rs.10,000.00/month (Ten Thousand Rupees Per Month), which is subject to raise as per growth and dedication of the Team member at any point of time. For experienced professionals joining as full-time teammates, the Consultancy Fees will be the mutually decided amount mentioned in their signed contract, for such professionals. Which is also subjected to raise as per growth and dedication.
- You shall receive payments before the 15th of the current month unless it is specifically mentioned to be otherwise in your offer/ engagement/ appraisal letter (not applicable for a contractual agreement).
- Every month, if you are to be paid for a project completed, you need to raise an invoice (Inclusive of applicable GST) in the name of the proprietor Mr. Sourav Ghosh.
- You’ll be paid the amount after deducting mandatory 10% TDS from your invoice amount (Pre-GST Subtotal) or after deduction of such government taxes, levies and charges as it may be levied under the Indian Laws from time to time. Statutory deductions, taxes and charges and levies as applicable from time to time will be deposited to the respective government exchequer by the proprietor with respect to your PAN number. While filing your Income Tax Return (your responsibility), if your tax payable is less than TDS deducted, you will get the balance amount as a tax refund from the IT department. (Applicable if you are Indian.)
- If you decide to showcase any work done with our clients, anywhere; you have to explicitly mention that the work has been done as part of “Sourav Ghosh & Team” and further the link of www.souravghosh.com to be mentioned on any such online or offline communications. A violation of this clause will amount to an intentional intellectual rights violation of the proprietor and a punishable offence under the Indian laws.
- Whenever you portray some of our results to a prospect or client to promote your skills or work experience, you must hide confidential and critical client/business info and it shall be your responsibility to maintain secrecy and confidentiality of the data entrusted with you by a client or by any team member, partner or associates of “Sourav Ghosh & Team” and be responsible to avoid any unauthorized disclosure of any personal or business-sensitive or confidential data obtained or disclosed to you, in relation to your work with us and also prevent misuse and unnecessary disclosure of such data to any other teammate, client or third party. Any damage resulting from non-compliance with this will amount to gross misconduct and will attract penalty and the proprietor of “Sourav Ghosh & Team” shall be entitled to be indemnified by you for any breach of this provision including of all costs and expenses incurred by the team to avail such legal remedy or remedies as it may deem fit without any limitation on your liability. Further, your association will be terminated with immediate effect and your name will be uploaded to the blacklisted team members list of our website with appropriate status.
- While working with us, you will be connected with our clients directly. Approaching those clients for any other projects / direct projects or any other professional relationships, while remaining a member of this team or within 5 years of disassociation with us would amount to gross violation of this Agreement. Your association with us will stand immediately terminated. All dues payable to you, if any, shall stand forfeited and shall attract penalty at the tune of actual project(s) amount received and or negotiated, whichever is higher, between you and existing clients of M/s. Sourav Ghosh & Team for whom you had been providing services, without prejudice to any other remedies that might be available to the proprietor as per the law of the land.
- While working with us you cannot directly or indirectly participate in any professional arrangements in any capacity that is competing in nature – like working with any other Digital Marketing Agency or Technology Service provider organization or any other individuals providing similar kinds of services (“Competitors”). Any professional involvement including working as a freelancer (outside our team) needs to be specifically informed to the proprietor Sourav Ghosh & other VBMs. Failing to do which will attract forfeiture of due payments if any, the immediate termination of this Service Agreement without any prejudice to the other rights and remedies available to the proprietor.
- If you are a fresher or we are not satisfied with your quality of work, you might be required to undertake training on supervised projects for the first couple of projects. Neither of the parties will be entitled to any Consultancy Fees or payments for training obtained by you under this Consultancy Agreement. However, if you fail to serve the proprietor for at least one year after obtaining training from him, an amount equivalent to 20% of the project cost for which you were trained by the proprietor shall remain duly payable to the proprietor, as your training cost without prejudice to other remedies available to the proprietor to initiate other appropriate actions against you.
- You are free to create your own work schedule that is mutually coordinated and workable with other team members whenever a group effort is required, and you are required to give a prior intimation of the same to the rest of the teammates and the VBMs you’ll be working with.
- Unavailability and any change of schedule need to be informed in writing to the proprietor, and on approval intimate all team members of all ongoing projects and VBMs, as much in advance as possible, while introducing a team member who will be discharging your responsibilities during your absence. You might introduce a competent and expert third party individual as well, provided such an individual agrees to execute this Agreement and be legally bound by these terms and conditions.
Whereas, you shall be fully responsible for all acts and deeds of such third-party members and will be treated as your agent. Failing to do which, might result in your termination from the team or even a financial penalty. Any agent appointed by you to discharge any obligations under this clause shall be entitled to a proportionate share of the work done by him/her of your payment and shall be clearly specified in writing and agreed by them before their introduction.
- Delegation of your work to an outsider without the express, specified and written permission of the Proprietor shall amount to a gross violation of this Agreement and our structure of working and shall amount to immediate termination of your engagement from all ongoing projects and termination of your association with us. All amounts due and payable to you if any shall stand forfeited as well.
- All files, folders & assets created as part of the work with the organization, must be shared/transferred to the proprietor ([email protected]) with complete access/ownership, which cannot be revoked/removed/transferred even after your resignation from the organization.
- IP Rights Ownership on work done: The Proprietor reserves all intellectual property rights in the work done by any team member under this agreement; and shall be entitled to further modifications, adaptations, improvements, corrections for all existing and future derivative works and all such modified, and derivative works done shall remain the sole property of the Proprietor and will be developed by the proprietor and or his team members further in the future.
- All professional communication between you and other teammates or clients must always be via prescribed channels as it might be implemented from time to time by the proprietor like Asana, Lark, Official technology platforms/ official accounts, official email address assigned by the proprietor etc. and the Proprietor shall be kept in the loop in all such communications. You are advised to request other teammates or clients to interact via the prescribed channels only if approached personally. Failing which might result in termination of this service agreement with immediate effect at the discretion of the proprietor and you shall be liable to make good any losses of the proprietor, pay damages up to 3 times of your average monthly income in the last 12 months without prejudice to other rights and remedies available to the proprietor under the laws of the land.
- Attending daily check-in Video Call (less than 5 min) at 10 AM is mandatory on Weekdays. Unavailability needs to be informed in the respective group chat before or after the call within 24 hours. 7 Days absence (without intimation) from Daily check- in calls will be taken seriously and 30 days of absence (without intimation) from the call will result in immediate termination and cancellation of this Agreement and any dues payable to you shall stand forfeited.
- You agree to not approach any teammate with any kind of career or business opportunity without taking explicit permission from the Proprietor while being part of the team and at least for 5 years after your discontinuation from the team. You also agree to immediately inform the proprietor, if you are approached for the same by someone else from the team. Failing to do which, this agreement may be terminated by the proprietor with immediate effect, at his sole discretion, all dues will be
forfeited on termination of this agreement and you shall be liable to make good all losses without prejudice to other remedies available to the proprietor. The Proprietor shall not be responsible in any manner for any action taken by you for any client on your personal capacity and you shall be solely responsible for any loss or legal problems arising due to your acceptance of such proposals. It shall be construed that you are acting in a personal capacity wherever any one of the following conditions are fulfilled:
- It is expressly agreed between the parties (Personal projects are undertaken with the consent of the proprietor),
- Action or communication is undertaken outside the applicable technology structure in place as it might be implemented from time to time for any existing clients and without keeping the proprietor in the loop.
- Upon termination or resignation, you shall be responsible to complete all ongoing projects as per the agreed timeline with the client and or the proprietor, unless the proprietor communicates otherwise in writing. Further, you shall be entitled to payments as per the Consultancy Fees Clause agreed upon by both the parties However, no fresh projects or assignments shall be allocated during the notice period creating any obligations to continue the services beyond the notice period.
- You represent and warrant that you shall be using licensed software and original contents of any nature at all times while working with us. You shall not infringe any third-party intellectual property rights or personal rights while working with us. A violation of this clause shall amount to gross violation of this Agreement. Your association and all projects shall stand terminated with immediate effect and all amount payable to you shall stand forfeited in addition to you being unlimitedly liable to make good all losses and or all claims, cost and liabilities that the proprietor and or any of the team members may suffer from, due to your illegal act.
- Limitation of Liability: The proprietor will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the services provided by you to a client, or any other person for cost, cover, recovery or recoupment of any investment made by such clients or its affiliates in connection with this Agreement, or for any other loss of profit, revenue, business, or data or punitive or consequential damages arising out of or relating to this Agreement. Further, our aggregate liability, arising out of or in connection with this Agreement or the transactions contemplated hereby shall not exceed at any time, or under any circumstances, the total amount received by the Proprietor personally from the clients in connection with the particular projects giving rise to the claim.
- This Agreement shall be governed and interpreted according to the laws of India. Any dispute, disagreement or question arising out of and in connection with this Agreement shall be referred to Arbitration in accordance with the Arbitration and Conciliation Act, 1996. Both the parties shall be legally bound by the award of an Independent Arbitration Tribunal. Selection of any cost-effective online institutional arbitrator by either party shall be a valid appointment of an arbitrator and to be informed to the other party by a 15 days’ notice in writing on failure to mutually appoint an arbitrator, either of the parties may approach courts in West Bengal for the appointment of an arbitrator. In the event of there being any proceedings before a Court, Tribunal or any legal forum, the jurisdiction shall be exclusively vested in Kolkata, India wherever applicable. The language for notice, arbitration, conciliation, court proceedings, tribunal or of any other nature of legal processes as applicable and or agreed between the parties shall be in English. All disputes arising out of this Agreement shall be solely governed by Indian Laws.
- Nothing in this Agreement shall constitute or be deemed to constitute a partnership or joint venture or assignor-assignee relationship or employer-employee relationship between the parties. That the teammate cannot be deemed to be the agent, employee or representative of the Proprietor. The Proprietor cannot be held responsible for any misrepresentation or fraud committed by you and vice versa.
- No right under this Agreement shall be deemed to be waived except by notice in writing signed by the Proprietor. Waiver of any specific right will not mean deemed or automatic waiver of any subsequent rights or any other rights under this agreement.
- If any provision of this Agreement is held to be invalid, unenforceable or illegal for any reason, this Agreement shall remain otherwise in full force and effect apart from such repugnant provision/(s) which shall be deemed deleted.
- The Proprietor grants you a personal, non-assignable and non-exclusive license to use this name and the brand name “Sourav Ghosh & Team” on accepting this Agreement only for the specific purpose of promoting the business and work of the proprietor and of you being a team member of “Sourav Ghosh & Team”. The Proprietor reserves the right to withdraw such license on grounds of misuse and or gross negligence under this Agreement.
This Agreement is being signed by circulation after the parties have mutually agreed with the terms and conditions of service mentioned hereinabove through the official website www.souravghosh.com by executing a clickwrap contract. However, you are required to execute two copies of this Agreement on requisite stamp paper and return a copy to the proprietor if you are an Indian.
If you have any questions about this Agreement, please feel free to contact us at [email protected]