SERVICE AGREEMENT

This Service Agreement (hereinafter referred to as "Agreement") has been entered from the date of quotation accepting date & valid till the supply of material or completion of the work (quantity referred from quotation page) is not completed.

BY AND BETWEEN

URSBID, a company registered under the Companies Act, 2013, having its registered address at Parewpur, Dharshawa, Shrawasti 271835, (hereinafter referred to as the "Platform for bidding/Party 1", unless repugnant to the context, this expression shall mean and include its successors-in-interest/office and assigns)

AND

The User(s), who have accepted the terms of this Agreement by accessing or using the services of Party 1's platform (hereinafter referred to as the "User(s)/ Party 2)

Herewith URSBID and User(s) are hereafter referred to as 'Party-1' and 'Party-2' respectively and collectively referred to as the 'Parties".

NOW, THEREFORE, in consideration of the mutual covenants and Agreement set forth below, it is hereby agreed to by and between the Parties as follows:

SERVICES:

• Party 1 (the Service Provider) operates and maintains a platform, and facilitates quotation generation and bidding services for transactions between contractors, sellers, buyers, and clients.
• Users can freely enter and exit the platform without charges, enhancing user flexibility and engagement.
• Party 1 will not charge an extra amount by the bidder after the platform fees.

TENURE OF THE AGREEMENT:

• This Agreement shall commence on the date the user deposits of quotation amount on the platform and shall remain in full force and effect until such time as the user/buyer will buy that quotation from the platform.
• Upon agreement by the user of the quotation mentioned and deposit the amount fully on the platform, this Agreement shall automatically terminate unless the user pays the additional funds for another service from the platform in accordance with the terms set forth herein.

CONSIDERATION:

• Users shall pay for selected services from the platform exclusively through the payment of such services on the platform.
• Users can deposit funds using various payment options provided on the platform, including credit cards, debit cards, online wallets, or any other method supported by Party 1.
• The fee for each service, granting access to a particular service, will be clearly displayed on the platform prior to the user confirming the purchase. The applicable amount will be deducted from the user's account upon purchase.
• Users will not incur any charges for accessing and browsing the platform; charges apply only upon the purchase of a specific service.
• Any applicable taxes, fees, or surcharges required by law shall be added to the purchase price of the service. These charges will be disclosed on the purchase screen before the deduction is made from the account.
• The platform fees will be refunded in a week to the contractors whose bidding amount is not selected by the buyer and who have quoted for the same bidding which is asked by the buyer.
• All transactions are the sole responsibility of the User and the contractor or seller directly. The Platform is not liable for any transaction-related disputes.
• No extra charges beyond the Platform's fees may be imposed by the bidder.

OBLIGATIONS OF PARTY 1

• Party 1 ensures that all quotation documents generated are based on the input quantity provided by the User.
• Party 1 charges fees for its services, which will be refunded within seven (7) days after the quotation period is complete.
• Party 1 prohibits the inclusion of unrelated documents or contact details in the attached files to avoid fraudulent activities.
• Party 1 shall ensure that the platform is accessible to users 24/7, except during scheduled maintenance or unexpected outages.
• Party 1 will provide users with a clear notice in advance for any scheduled maintenance or service interruptions.
• Party 1 shall protect all personal information collected from Party 2, employing data security protocols and encryption in line with applicable laws and industry standards.
• Party 1 shall not share, sell, or disclose user data to unauthorized third parties without prior consent, except as required by law.

OBLIGATIONS OF PARTY 2

• Party 2 is responsible for maintaining the confidentiality of their account credentials (username, password) and must not share these credentials with unauthorized individuals.
• Party 2 agrees to notify Party 1 immediately in the event of any suspected unauthorized use of their account
• Party 2 agrees to use the platform for lawful purposes only and will not attempt to share, duplicate, or distribute content beyond personal use.
• Party 2 shall promptly report any technical issues or concerns with the platform or content access to Party 1 through designated support channels.
• Party 2 is solely responsible for any price or service cost variation after the quotation has been generated.
• Party 2 agrees that no document from the Platform will be held liable for any price or cost-related disputes.

OWNERSHIP OF INTELLECTUAL PROPERTY

• Party 1 retains all rights, title, and interest in all intellectual property associated with the platform, including its software, design, content library, trademarks, and any related materials made available to users as per the terms of this Agreement.
• Nothing in this Agreement shall be construed as transferring ownership of any of Party 1's intellectual property to Party 2.
• All content available on the platform, including but not limited to the services and goods provided remains the exclusive property of Party 1 or its licensors.
• Party 2 (the user) is granted a limited, non-exclusive, non-transferable license to access and view purchased content for personal use only, in accordance with the platform's Terms of Use and solely for the designated 48-hour access period.

CONFIDENTIAL INFORMATION

• "Confidential Information" refers to any and all data, materials, information, or content provided by Party 1 through its platform, whether related to business, user data, content, or otherwise, which Party 2 understands or is informed is confidential or proprietary in nature and is not generally available to the public. This includes, but is not limited to, content, features, designs, operational data, and any other materials shared by Party 1.
• Party 2 agrees to keep all Confidential Information provided by Party 1 through the platform strictly confidential. Party 2 shall not record, reproduce, disclose, or distribute such information in any manner, either electronically or otherwise, nor shall Party 2 share or spread this information to any third party. Party 2 further agrees not to use the Confidential Information for any purpose other than accessing and utilizing the content as permitted under this Agreement.
• All and any written or oral information or data provided by Party 1 under this Agreement is Confidential Information regardless of whether it was provided before or after the date of the Agreement.
• The Parties hereby acknowledge and accept that in case of a violation of this clause or any other clause of this Agreement or leak of any confidential information of Party 1, Party 2 will give a compensation of not less than 1.

TERMINATION

• Party 1 reserves the right to immediately terminate this Agreement, without any liability, if Party 2 breaches any provision of this Agreement, including but not limited to the breach of the confidentiality obligations set forth under the agreement or any other term herein.
• In the event of such termination, Party 2's access to Party 1's platform, content, and services shall be revoked immediately, and Party 2 shall no longer be entitled to access or use the platform

FORCE MAJEURE

• Neither Party will be liable for or will constitute a breach of or default under this Agreement on account of any delay or failure to perform any duty mentioned hereinabove if surrounding conditions and circumstances are beyond Parties control or unforeseen by the Parties, which include the following:
  • Pandemics, epidemics, etc.
  • Lockdown, pen down, strikeout, etc.
  • Failure in any Governmental machinery to grant any applicable permits.
  • Acts of God.
  • Natural Calamities.
  • War, Revolution, or Military Force.
• The burden of proving the occurrence of a Force Majeure Event shall lie with the affected Party, who must provide sufficient evidence to support their claim
• The condition of Force Majeure will lapse after 7 days of its effect if any of the conditions or circumstances mentioned above are sustained.

NOTICES

Any notice, demand, or request concerning this Agreement shall be in writing and effective when delivered by post or personal service or through email service. Such communication shall be effective only when the addressee receives them.

GOVERNING LAWS

This Agreement shall be governed and construed in accordance with the laws of India.

DISPUTE RESOLUTION

• The Parties agree that any dispute arising in and out of this Agreement shall be settled by Arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996.
• All the hearings shall be conducted in English language.
• Party 1 will decide and appoint a sole arbitrator to preside over Arbitration hearings.
• Arbitration proceedings are to be held in India. The decision of the Arbitrator shall be final and binding on both the Parties.

SEVERABILITY

• If any provision or provisions of this Agreement shall be held unenforceable for any reason, then such provision or provisions shall be modified to reflect the intention of the Parties.
• All other provisions of the Agreement shall remain in force till the duration of this Agreement

WAIVER

Any failure or delay by either of the Parties to perform the obligations or duties or exercise any right will not be presumed to operate as a waiver.

ASSIGNABILITY

• The rights and obligations under this Agreement shall not be assigned by either party without the express prior consent of the other Party.

INDEMNITY

• Party 2 shall indemnify Party 1 against any expenses, including amounts paid upon judgments, counsel fees, environmental penalties, and fines, and amounts paid in settlement (before or after the suit is commenced), incurred by Party 1 in connection with their defense or settlement of any claim, action, suit or proceeding arising from Party 2's actions or omissions under this Agreement
• Such indemnification shall be in addition to any other rights to which those indemnified may be entitled under any law, by-law, agreement, or otherwise.

LIMITATION OF LIABILITY

In the absence of negligence, bad faith, or willful misconduct, neither party shall be liable to the other or any other person, including any party claiming by, through, or on behalf of the other party, for any losses, liabilities, damages, costs or expenses arising out of any error in data or other information provided to any of them by each other or any other person or out of any interruption or delay in the electronic means of communications used by them.

.

Each Party warrants its power to enter into the Agreement and has obtained all necessary approvals to do so.

COST AND EXPENSES

• All costs, sums, and expenses accrued for the execution of this Agreement shall be borne by Party 1 solely.
• If any parties employ attorneys for the disputes, differences, and claims then that party shall pay all the expenses and costs of the same and the other party is not liable to pay any compensation.

ENTIRE AGREEMENT

This Agreement and any annexures, duplicates, and copies, constitute the entire agreement between the Parties with respect to the subject matter of this Agreement and supersedes, all prior agreements between the Parties, preceding the date of this Agreement.

MODIFICATIONS/AMENDMENTS

Party 1 reserves the right to modify, amend, or supplement this Agreement at any time, in its sole discretion, by providing prior notice to Party 2. Such modifications will become effective once Party 2 is notified, either via email, platform notification, or other means of communication.

COUNTERPARTS

This Agreement is executed in English language in two originals, each Party receiving one duly signed copy. Both these copies are authentic.