Agreement for Subscription of Zupgro Services via the Zupgro Platform
This Agreement for Subscription of Zupgro Services via the Zupgro Platform (“Agreement”) is entered
between the (i) user of the Zupgro Platform (“User”) identified by the digital signature, IP address
and/or account details recorded along with execution of this Agreement, wishing to engage a third party
service provider to the (“Partner”) on an independent contractor basis for the provision of cooking,
kitchen management, homely food, dancing, magic etc. services by such Partner (“Zupgro Services”) to the
User on a monthly subscription, using the Zupgro Platform and through use of the Services via the
Services provided by Zupgro, and (ii) the Partner identified by the digital signature, IP address and/or
account details recorded along with execution of this Agreement.
Incorporation by Reference:
This Agreement shall incorporate by reference, the terms of use of the Zupgro Platform as applicable for
the User (“User TnC”), as well as the Partner (“Partner TnC”) in addition to such other
agreements/terms/policies etc. as agreed to and communicated to the Partner from time to time.
Capitalized terms used but not defined in this Agreement shall have the meanings ascribed to them under
the User TnC, and/or the Partner TnC, as the case may be.
Scope of Work
The User shall direct the Partner to provide the Zupgro Services to the User in a manner satisfactory to
the User, including directing the timings of service of the Partner, the cuisine/food etc. to be
prepared by the Partner from time to time, and such other requirements as the User may have.
The Partner agrees that he is providing the Zupgro Services to the Partner on an independent contractor
basis, and neither the User nor Zupgro are its employees.
Reporting time
The Partner shall report the User’s Household at such time as indicated to the Partner at the time of
accepting the Lead/ request from the User.
Service Days in a Month
The Partner shall provide services to the User till such time as the subscription of the User till such
time and period as determined by the User, and agreed to by the Partner at the time of accepting the
request/lead of the User on the Zupgro Platform. The Partner shall provide the Zupgro Services to the
User for all days in a month during which the subscription is valid, except for any 2 (Two) days that
the Partner wishes to not provide the Services on. The Partner has full discretion to choose such days
on which he/she wishes to not provide the Zupgro Services, provided that the Partner shall intimate the
User at least 2 days in advance before the desired leave is to be taken.
In the event the Service Provider does not provide the Zupgro Services for more than 2 (Two) days in a
month to the User, then the User shall be entitled to deduct such payment for the additional number of
days (on a pro rata basis), that the Partner has not provided the Zupgro Services.
Payment
The Partner has agreed to the payment terms shown on the Zupgro Platform as agreed to by the User, which
were proposed by and agreed to by the Partner via the Zupgro Platform in accordance with the Partner TnC
and other documents, agreements, policies etc. to which it is bound, and which have been agreed to be
paid by the User to engage the Partner as an independent contractor to provide the Zupgro Services to
the User for the subscription period.
The Partner and the User have further agreed that the payment shall be made by the User through the
Platform in accordance with the User TnC and the Partner TnC.
Termination
The Partner has to give at least 7 days’ notice to the User before ceasing to provide the Zupgro
Services to the User, unless the subscription period opted for by the User has expired at the option of
the User.
The Partner may be terminated by the User on the following grounds a) if the Partner misbehaves with the
User or at the User’s place of residence; or b) if the Partner is involved in any substance abuse; c) if
the Partner reports late to the User’s household frequently or for a consecutive 3 days’ in a week.
If a subscription is terminated by the User, then the Partner will be paid on a pro-rata basis by the
User for the period for which he provided the Zupgro Services to the User.
Assignment and Transferability
If the Partner wishes to terminate this Agreement and/or cease providing the Zupgro Services to the
User, the Partner has the right to (with the consent of the User, which shall be construed as the User
wishing to continue a subscription of a Partner via the Platform), then the Partner shall have the right
to assign and/or transfer the entirety (but not part of) his rights and obligations under this Agreement
to another Partner User (“Replacement Partner”) who is qualified to use the Platform, in accordance with
the Partner TnC of the Platform/Zupgro, or other documents/agreements executed by and between the
Platform/Zupgro.
The User not terminating this Agreement upon such assignment/transfer of the rights and obligations of
the Partner to another Partner User shall be construed as his specific consent to this
transfer/assignment,
Damages & Limitation of Liability
In case the User suffers any direct or indirect loss as a result of act negligence or any wilful act of
crime committed by a Partner, the User may take any legal action as may be available under applicable
law to the User, against the Partner.
The Partner agrees that while performing the services under this Agreement, the Partner is acting in his
independent professional capacity as an independent service provider. The User shall not be held
responsible for any accident and/or incident which may happen to the Partner due to his own negligence
or fault.
Disputes
The Parties agree that any dispute between the Partner and the User shall be first subject to mediation
between the Partner and the User, which shall be mediated by Zupgro, its personnel or such other person
as Zupgro may appoint. If the mediation fails, then the parties shall resolve their dispute by binding
arbitration in Chennai, in accordance with the provisions of the Arbitration and Conciliation Act, 1996,
by a sole arbitrator appointed jointly by the Parties. The venue and seat of arbitration shall be
Chennai, and the proceedings shall be in a language mutually agreed to by the parties. Subject to this
clause, the courts at Chennai, Tamil Nadu shall have jurisdiction over all disputes arising out of this
Agreement.
