[Type text]

INDEPENDENT CONTRACTOR AGREEMENT Commented [WU1]: After thorough research, its found that an
employer agreement is applicable only if salary exceeds 25,000USD.
This Independent Contractor Agreement (hereinafter, the “Agreement”) is made and The salary, is however not applicable in case of hiring cooks,
language teachers or embassy officials.
entered into on this ______ (hereinafter, the “Effective Date”) Commented [WU2]: Verify

BY AND BETWEEN
M/s. MunshiG Private Limited , a private company, located at 6, iStart NEST,
Collectorate, Udaipur-313001, under the provisions of the Companies Act, 1956/2013”,
hereinafter referred to as the “Company” (which expression shall, unless repugnant to Commented [V3]: Kindly review and confirm these details.

the meaning or context hereof, be deemed to mean and include its directors, nominees,
assigns, employees, contractors, affiliates, agents, representatives and successors) on
the FIRST PART;
AND
Mr._____, Son of ____, aged ____, residing at ______, PAN:__________
(hereinafter referred to as the "Contractor", which expression shall, unless repugnant
to the meaning or context hereof, be deemed to include all permitted successors and
assigns) on the SECOND PART. Commented [V4]: Kindly, review and confirm the details for the
same.

The party of the first part and second part shall be individually referred to as “Party” and
collectively as “Parties”.

WHEREAS the Company is in the business of providing software publishing,

consultancy and supply software (hereinafter referred to as “ Services”). Commented [V5]: Confirm the details and the name of the
application

WHEREAS, the Company is desirous of engaging the Contractor as a software

developer for the Company to perform certain services and the Contractor is desirous of Commented [WU6]: Check and verify

providing the services to Company on the terms and conditions set out herein.

NOW THEREFORE, the Parties, in consideration of the mutual covenants,

undertakings and commitments set forth herein, agree as follows:
[Type text]

1. SERVICES
a) The Contractor shall perform the services including but not limited to those of

 To translate designs and wireframes into high quality code as per the
instructions provided by the Company.
 To ensure the design, build, and maintain high performance, reusable, and
reliable Java and Kotlin code
 Ensure to give the best performance, quality of the application
 To Identify and correct bottlenecks and fix bugs (hereinafter, “Services”),
as an independent contractor.
b) The Contractor shall perform all services set forth in a diligent and sincere
manner, to the best of his abilities.
c) The Contractor agrees to perform the work as per the Schedule of the agreement which
will be provided by the Company from time to time. Commented [S7]: Please confirm the clauses , whether it has
met your expectation.
2) COMPENSATION
a) The Contractor shall be solely responsible for any taxes which he shall be directly
liable to pay, social security contributions or payments, disability insurance,
unemployment taxes, and other payroll type taxes or other legal requirements
applicable to such compensation or to the Contractor.
b) The Contractor is entitled to get the Compensation of Rs.6,00,000/- (Rupees
Six Lakh Only) per annum. Commented [V8]: Confirm the Clause

c) Any expenses incurred by the Contractor during the provision of the Services
shall not be reimbursed by the Company.
d) The Contractor hereby indemnifies and holds the Company harmless from any
claims, penalties, losses, costs, liabilities, injuries or damages suffered by the
Company arising out of the Contractor’s failure with respect to its obligations
under this clause. The ownership of the Work Product shall be governed by clause
3 of this document.

3) OBLIGATIONS OF THE CONTRACTOR

a) The Contractor agrees to perform the said Services by using this single platform.
[Type text]

b) The Contractor understands and agrees that the Company will not be liable for
any health & safety issues or problems caused to the Contractor both during
collection and in the course of provision of any other services related or unrelated
to those adhered to in this Agreement.
c) The Contractor further understands and agrees that the Company does not
condone any illegal activity that may occur during provision of services, whether
engaged in by the Customers of the Company or the Contractor, and that the
Company will thereby not be liable or responsible for the same.
d) The Contractor shall give 45 (forty five) days’ notice prior to termination of his
Services.
e) In the event the Contract is being terminated anytime and solely on the discretion
of the company, the contractor shall claim all dues payable prior to such
termination.
f) The Contractor shall not be involved in any activity that may result in the
defamation of the Company name and brand. Commented [S9]: Please review these provisions carefully and
confirm if they meet your requirements.

4) TERM AND TERMINATION

a) Term: This Agreement shall take effect immediately from the Effective Date and
continue to remain in full force and effect until the Contractor has completed the
Services (hereinafter, the “Term”), unless terminated earlier in accordance with
this Agreement. Commented [S10]: Confirm the Clause whether it is as per your
requirement
b) Termination:The Company may terminate this Agreement at any time if it is
found that the Services rendered by the Contractor are not beneficial to the
Company. This Agreement is said to exist for a period of 12 months only, after
which the Contractor is relieved of his duties and obligations.
5) TERM AND PROBATION PERIOD
a. It is understood and agreed that the first 90 days of employment shall constitute a
probationary period (“Probationary Period”) during which period the Employer
may, in its absolute discretion, terminate the Employee's employment, without
assigning any reasons and without notice or cause. Commented [S11]: Confirm the clause
 [Type text]

b. After the end of the Probationary Period, the Employer may decide to confirm the
Employment of the Employee, in its sole discretion.

6) RESTRICTIVE COVENANT Commented [V12]: Confirm the Clause

Following the termination of the consultancy relationship of the Contractor by the

Company, with or without cause, or the voluntary withdrawal by the Contractor from
the Company, the Contractor shall, for a period of three years following the said
termination or voluntary withdrawal refrain from either directly or indirectly soliciting
or attempting to solicit the business of any other client or customer of the Company for
his own benefit or that of any third person or organization, and shall refrain from either
directly or indirectly attempting to obtain the withdrawal from contractual relationship
by the Company of any other Contractor of the Company having regard to the same
geographic and temporal restrictions. The Contractor shall not directly or indirectly
divulge any financial information relating to the Company or any of his affiliates or
other clients to any person whatsoever.

7) MISCELLANEOUS PROVISIONS Commented [V13]: Confirm the Clause

a) Entire Agreement: This Agreexment, and any appendices, duplicates, or

copies, constitutes the entire agreement between the Parties with respect to the
subject matter of this Agreement, and supersedes all prior negotiations,
agreements, representations, and understandings of any kind, whether written or
oral, between the Parties, preceding the date of this Agreement.
b) Amendments: This Agreement may be amended only by written agreement
duly executed by an authorized representative of each party (email is acceptable).
c) Severability: If any provision or provisions of this Agreement shall be held
unenforceable for any reason, then such provision shall be modified to reflect the
parties’ intention. All remaining provisions of this Agreement shall remain in full
force and effect for the duration of this Agreement.
d) No Assignment: This Agreement shall not be assigned by either party without
the express, written consent of the other party.
[Type text]

e) No Waiver: A failure or delay in exercising any right, power or privilege in

respect of this Agreement will not be presumed to operate as a waiver, and a
single or partial exercise of any right, power or privilege will not be presumed to
preclude any subsequent or further exercise, of that right, power or privilege or
the exercise of any other right, power or privilege.
f) Dispute Resolution: The Parties agree to first mediate any disputes or claims
between them in good faith and resolve the disputes amicably and share the cost
of mediation equally. In the event that mediation fails, any controversy or claim
arising out of or relating to this Agreement or breach of any duties hereunder
shall be settled by Arbitration in accordance with the Indian Arbitration and
Conciliation Act, 1996. All hearings will be held in Udaipur and shall be
conducted in English. The parties shall each appoint an arbitrator who shall then Commented [V14]: Please fill the city and state in which the
legal proceedings can be carried out
appoint a sole arbitrator to preside over the Arbitration proceedings.
g) Governing Law and Jurisdiction: This Agreement shall be governed by and
construed in accordance with the laws of India only. Each party hereby
irrevocably submits to the exclusive jurisdiction of the courts of Rajasthan or the
adjudication of any dispute hereunder or in connection herewith or with any
transaction contemplated hereby, and hereby irrevocably waives, and agrees not
to assert in any suit, action or proceeding, any claim that it is not personally
subject to the jurisdiction of any such court, that such suit, action or proceeding
is brought in an inconvenient forum, or that the venue of such suit, action or
proceeding is improper.
h) Time: The Contractor agrees that time is of the essence in this Agreement.
i) Notice: Any notice, demand, or request with respect to this Agreement shall be
in writing and shall be effective only if it is delivered by personal service, by air
courier or emailed to the address set forth above. Such communications shall be
effective when the addressee receives them.
j) Headings: The numbering and captions of the various sections are solely for
convenience and reference only and shall not affect the scope, meaning, intent or
interpretation of the provisions of this Agreement, nor shall such headings
otherwise be given any legal effect.
[Type text]

The Parties have read and understood all the terms herein and are
voluntarily, free of any coercion, signing this Agreement on the date stated
in the introductory clause.

__________________
(Company)
Name:
Designation:
For, ____________

__________________
Contractor
Name: