TERMS OF EMPANELMENT OF HOST
IMPORTANT:Arttora – A Plumind Technologies Pvt. Ltd., a company incorporated under the Companies Act, 2013, and having its registered office at 57, 5th cross road,
Gangadhar Nagar, 6th Phase JP Nagar, Bangalore - 78, is the sole owner of the website www.arttora.com (“Website”, which expression shall include any versions of the Website,
including applications, designed for use on mobile phones and other devices) and associated domain names and trademarks.
The Website allows registered users (“ArttoraCustomers”) to search for and take lessons (“Classes”) in respect of a variety of cultural,
sports and other extracurricular skills and hobbies from teachers and instructors empaneled with the Website (each a “Host”).
These Terms of Empanelment (“Terms”) constitute a binding contract between Arttora and the Host who clicks on the ‘Accept’ or equivalent button.
- Host shall complete the registration and empanelment process as a pre-condition to empanelment. Host represents that the information submitted at the time of registration is correct
and complete in all aspects. Host shall be solely responsible to keep such information updated. Upon completion of the registration and empanelment process, Host shall be listed on the Website.
- If Host is not an individual, Host represents that the Classes shall be conducted by suitably qualified individuals accredited with Host.
- Host is not and shall not represent that Host is an agent of Arttora. Therefore, Host shall have no authority to oblige Arttora to Arttora Customers or other third parties.
- The contract between Arttora and Host is exclusive such that Host shall offer Classes to Arttora Customers only through Arttora and not directly.
- In particular, in the event Arttora engages Host to give Classes at apartments or corporates:(a) Host shall not directly or indirectly bypass this contract with Arttora and offer to give or
give Classes directly at such apartments or corporates; (b) if Host receives any inquiries for Classes at such venues, Host shall refer such inquiries back to Arttora and ensure that Classes are delivered through Arttora.
The foregoing exclusivity shall be observed during the term of these Terms and for twelve (24) months thereafter.
- The first Class shall be scheduled on the Website. Subsequent Classes may be scheduled by Host in consultation with Customer.Host shall provide full information on Class schedules and their fulfilment or otherwise as and when requested by Arttora.
- If Host cannot conduct a Class as scheduled, Host shall make best efforts to inform Customer in advance and re-schedule a compensatory class for no extra Fee (as defined below).
If Customer does not attend a Class or cancels within 24 hrs of the scheduled class then Host shall not refund the Fee collected in respect of that Class. In case, where Fees have been paid in advance for a number of Classes, the refund shall be pro-rata.
Responsibilities of Host
- In order for Arttora and Host to benefit from this contract, Host shall act in a spirit of transparency and trust towards Arttora.
- Host shall give Classes with such skill and diligence as may be expected of a competent instructor.
- Classes shall be given strictly in accordance with the scheduled time and venue.
- Host shall be professional in all communication and interaction with Arttora Customersand not indulge in any unprofessional or unethical conduct.Arttora follows a strict ‘no verbal or physical abuse’ policy.
- If the Customer is a child or young adult, Host shall take special care to ensure that Host’s conduct does not lead to any allegations or even appearance of that of sexual harassment or similar deviant behavior.
- Host shall use the venue of Classes responsibly. Without prejudice, if the venue is an apartment complex or corporate office, Host shall abide by the rules of access and use applicable at such venues.
- If the nature of Classes requiresthe implementation of safety measures, Host shall implement such measures and if those cannot be implemented, inform Arttora immediately.
- Host shall not do anything which may harm the reputation of Arttora and/or the Website.
- Host shall cooperate with Arttora to resolve amicably any disputes with Arttora Customers.
- Arttora shall collect feedback from Arttora Customers and in its discretion pass on feedback to Host. Host shall make best efforts to take corrective action in respect of any negative feedback.
- In the course of completing the empanelment process, Host shall have specified Host’s fees (“Fees”). All Fees quoted by Host on the Website shall be the best fees Host offers. If it is discovered that Host charges a lower fee outside of the Website,
this contract shall be terminated immediately without prejudice to Arttora’s other rights and remedies.
- Arttora Customers must pay Fees online on the Website orin exceptional cases offline to Host directly by prior information to company. In respect of any Customer who does not pay Fees online,
Host shall be solely responsible for collection of Fees from such Customer. Fees shall be collected in advance of Classes. Host shall inform Arttora and post such collection on the Host Mobile App (as defined in Clause5.8 below) promptly after Fees are collected.
- In consideration of listing Host on the Website, Arttora shall charge a flat “Referral Fee” of 10% (Ten percent) or such amended rates as may be specified from time to time.
- Arttora will release all payments to host promptly within week from completion of class/classes after deducting referral fee.
- Each party shall be responsible for the payment of its own taxes, including service tax. If either party is required by applicable law to deduct taxes at source, it shall do so and give to the other party tax deduction certificates.
- Where Host provides training in apartment complexes, payment of commission, if any, to the apartment association shall be made by the Hosts. The Fees quoted on the Website shall include such commission.
- These Terms shall be valid until either party terminates these Terms in accordance with the provisions below.
- Either party may terminate these Terms for convenience by giving prior written notice of thirty (30) days.
- Arttora may terminate these Terms by prior written notice of fifteen (15) days in the event of a material breach of these Terms by Host or if Arttora Customers are unsatisfied with Host.
If the breach is of such nature as to harm Arttora’s reputation, termination shall be immediate.
- Termination shall not release Host from paying over to Arttora all amounts due and payable till the effective date of termination.
- Host hereby agrees to defend, indemnify and hold harmless Arttora, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, including loss of life, liabilities, costs or debt,
and expenses (including but not limited to attorney's fees): (i) made by any Customer; or (ii) arising from Host’s use of the Website; (ii) arising from Host’s violation of any of these Terms; (iii) arising from Host’s violation of any third party right,
including without limitation any copyright, property, or privacy right. This indemnification obligation shall survive the Terms.
Governing Law and Arbitration
- The Terms are governed by and shall be construed in accordance with the laws of India. Disputes, if any, shall be attempted to be resolved amicably for thirty (30) days. Unresolved disputes shall be referred to an independent,
sole arbitrator in Bangalore appointed by Arttora in accordance with the procedure established by the Arbitration and Conciliation Act, 1996. Subject to the foregoing, Host hereby consents to the exclusive jurisdiction of the Courts in Bangalore City.
- Any notice to be given to Arttora under these Terms shall be sent by registered mail or recognized courier to the address first set out above. If the whole or any part of the performance of the respective obligations of the parties hereunder is prevented or
delayed by reasons of natural calamities, war, arson, civil disturbance, and such other reasons beyond the reasonable control of a person (each a “Force Majeure Event”), despite due diligence and reasonable efforts to do so,
then such party shall be excused from performance hereunder for so long as reasons of Force Majeure Event. A Force Majeure Event shall not affect the payment obligations of the parties. The parties are independent contractors and nothing in these Terms shall make them joint ventures,
partners, employees, agents or other representatives of the other Party hereto. Notwithstanding that the whole or any part of any provision of the Terms may prove to be illegal or unenforceable, the other provisions of the Terms and the remainder of the provision in question shall continue in full force and effect.
No failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
The right to use the Website is personal to Host and is not transferable by assignment, sublicense, or any other method to any other person or entity. Arttora may, at any time, assign these Terms and/or its rights and obligations under these Terms to any entity, in its sole discretion.