This Agreement of Service is made on this the day of , 2024 (Two Thousand Twenty Four) between INTELICANVAS DIGITAL Pvt. Ltd, a company incorporated under the COMPANIES ACT,2013 having its registered office at 1858/1, Rajdanga Main Road, 6th Floor, Suit No. 2, Merlin Acropolis, Post Office: Kasba, Police Station: Kasba, Kolkata – 700107 hereinafter referred to called as the Party of the FIRST PART;
AND
[Artist Name], [Address] hereinafter referred to called as INTENDING PARTY of the SECOND PART;
WHEREAS, the Party of the FIRST PART operates as an internet-based artist booking portal, entertainment ticketing portal, musical as well as artist related accessories selling portal, and providing news on media and entertainment industry to its users/customers.
AND WHEREAS, the party of the SECOND PART desires to enlist with the Party of the FIRST PART to offer its services on the Party of the FIRST PART’S platform.
AND WHEREAS, the party of the SECOND PART represents that it has the necessary expertise, resources, and capabilities to provide the services as required by the customers;
NOW THIS AGREEMENT WITNESSETH and it is hereby agreed between the parties herein as follows: –
DEFINATIONS: –
PARTY OF THE FIRST PART: INTELICANVAS DIGITAL Pvt. Ltd, a company incorporated under the COMPANIES ACT,2013 having its registered office at 1858/1, Rajdanga Main Road, 6th Floor, Suit No. 2, Merlin Acropolis, Post Office: Kasba, Police Station: Kasba Kolkata – 700107.
PARTY OF THE SECOND PART: [ARTIST DETAILS]
APPOINTMENT shall mean and include as the party of the SECOND PART hereby appoints the Party of the FIRST PART as a non-exclusive intermediary for the party of the Second Part’s services to customers through the Party of the FIRST PART’S platform. The Party of the SECOND PART shall be solely responsible for the content, accuracy, and legality of the products listed.
Order Processing and Fulfilment shall mean and include that the Party of the FIRST PART shall be responsible for the services as required by the customers placed through its platform and forwarding such orders to the party of the SECOND PART for fulfilment. The party of the SECOND PART shall be solely responsible for the timely and proper fulfilment of all customer requirements. The Artist agrees to provide high-quality artistic services as described on the Khwahish platform. The Artist will be responsible for their own transportation, equipment, and any other resources required to fulfill the services. The Artist will comply with all applicable laws and regulations related to their services.
Services by Third Party shall mean the party of the SECOND PART reserves the right to engage third-party security services (“Third Party Security Services”) for the security of the Party of the Second Part. The party of the SECOND PART shall remain responsible for the performance and services provided by Third Party Security Services.
Intellectual Property shall mean the artists shall retain the intellectual property rights to their performances and content uploaded on the platform.
Optional Extra Security shall mean the party of the Second Part have the option to request extra security for solo performances, with a deduction from their remuneration. The party of the Second Part shall have the option to request additional security for solo performances, which will be provided by the Party of the First Part upon request. If an artist opts for extra security, a specific amount will be deducted from their remuneration in advance as agreed upon. The party of the First Part will not be liable for any incidents or unfortunate events that occur during solo performances if the artist chooses not to opt for extra security.
Payment shall mean and include that the Party of the FIRST PART shall remit to the party of the SECOND PART the agreed-upon portion of the proceeds from the sale of services the Party of the SECOND PART’S services, less any applicable fees or commissions retained by the Party of the FIRST PART, in accordance with the payment terms as agreed upon. The Company will retain a percentage of the payment received from customers as a service fee.The remaining balance after deducting the service fee will be remitted to the Artist’s designated account within 48 hours of the completion of the event.
Customer Service shall mean that the Party of the FIRST PART shall provide customer service and support to customers regarding the purchase of the party of the SECOND PART’S services through the Party of the FIRST PART’s platform.
Confidentiality shall mean that each party agrees to keep confidential all information, including but not limited to proprietary information, technical data, trade secrets, and know-how, disclosed by the other party (“Confidential Information”) and shall not disclose such Confidential Information to any third party without the prior written consent of the disclosing party.
Indemnification shall mean that the party of the SECOND PART agrees to indemnify, defend, and hold harmless the Party of the FIRST PART, its officers, directors, employees, and agents from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to any breach of this Agreement by the Party of the SECOND PART.
LITIGATION: All disputes and differences between the parties arising out this agreement or these respective rights and liabilities as per of this agreement shall be settled on mutual understanding, failing which the parties herein are at liberty to settle the matter before the competent Court of Law, having exclusive jurisdiction of the Courts of Kolkata, West Bengal, India.
ARBITRATION: any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall be settled by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996. The arbitration shall be held in Kolkata, West Bengal, India, and conducted in English.
Entire Agreement shall mean that this Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, relating to such subject matter.
FORCE MAJEURE: The parties hereto shall not be considered to be liable for any obligations hereunder to the extent that the performances of the relations, obligations, prevented by the existing of the ‘Force Majeure’ and shall be suspended from in obligation during the duration of the ‘Force Majeure’.
This Agreement shall commence on the Effective Date and shall continue in full force and effect until terminated by either party in accordance with the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
SIGNED, SEALED AND DELIVERED by the within mentioned in the presence of:
SIGNATURE OF THE FIRST PART
SIGNATURE OF THE SECOND PART