INDIVIDUAL SERVICE AGREEMENT
In this Individual Service Agreement (“Agreement”), “McqHall” refers to Dallo Tech Pvt. Ltd, a company established and existing under the law of Nepal Government as Software Company, located at Kusunti-13, Lalitpur, Nepal and “Individual” refers to ……………………………………..
- DURATION OF AGREEMENT
This “Agreement” shall come into effect from the date written first above and shall remain
valid for one (1) year and shall be automatically renewed for subsequent similar periods,
unless either of the parties terminates it pursuant to.
- When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify McqHall immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
- Proprietary Rights in Content on McqHall
- McqHall does not claim any ownership rights in the texts, files, images, photos, papers, books, videos, sounds, works of authorship, or any other materials (collectively, “Content”) that you post to the McqHall Platform. After posting your Content to the Mcqhall Platform, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing (“posting”) any Content on or through the McqHall Platform, you hereby grant to McqHall a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the McqHall Platform. The license you grant to McqHall is non-exclusive (meaning you are free to license your Content to anyone else in addition to McqHall), fully-paid and royalty-free (meaning that McqHall is not required to pay you for the use on the McqHall Platform of the Content that you post), sublicensable (so that McqHall is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the McqHall Services), and worldwide (because the Internet and the McqHall Services are global in reach). This license will terminate at the time you remove your Content from the McqHall Services. The license does not grant McqHall the right to sell your Content, nor does the license grant McqHall the right to distribute your Content outside of the McqHall Services.
- You represent and warrant that: (i) you own the Content posted by you on or through the McqHall Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the McqHall Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the McqHall Services.
- The McqHall Services contain Content of McqHall (“McqHall Content”). McqHall Content is protected by copyright, trademark, patent, trade secret and other laws, and McqHall owns and retains all rights in the McqHall Content and the McqHall Services. McqHall hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the McqHall Content (excluding any software code) solely for your personal use in connection with viewing the McqHall Website and using the McqHall Services.
- The McqHall Services contain Content of Users and other McqHall licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the McqHall Services.
- Content Posted
- McqHall may delete any Content that in the sole judgment of McqHall violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. McqHall assumes no responsibility for monitoring the McqHall Services for inappropriate Content or conduct. If at any time McqHall chooses, in its sole discretion, to monitor the McqHall Services, McqHall nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
- You are solely responsible for the Content that you post on or through any of the McqHall Services, and any material or information that you transmit to other Members and for your interactions with other Users. McqHall does not endorse and has no control over the Content. Content is not necessarily reviewed by McqHall prior to posting and does not necessarily reflect the opinions or policies of McqHall. McqHall makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
- Each unique exam conducted to a unique user from the individual’s hall will get Rs 1.00 if minimum 60% of the exam questions are attempted and minimum 20% of the time is spent.
- Rate of each Exam will be revised (Increased/Decreased) in each 3 months if required.
- The minimum amount that is required to withdraw revenue of the individual is Nrs 1,000.00.
- Mcqhall agrees to promote the Individuals through McqHall Platform (Web and Mobile App).
- You also need to do
- McqHall can use your Individual’s content for promotion and advertisement purposes of McqHall Platform.
- McqHall may run advertisements and promotions from third parties, products and/or services in any manner and to any extent.
- Copyright Policy
- You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of McqHall to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to McqHall by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the McqHall Services in a way that constitutes copyright infringement, please contact us at email@example.com, providing the following information:
(i) A description of the copyrighted work that you claim has been infringed;
(ii) A description of where the material that you claim is infringing is located on the McqHall Services
(iii) Your address, telephone number, and email address;
(iv) A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
(v) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Member Disputes
- You are solely responsible for your interactions with other McqHall Members. McqHall reserves the right, but has no obligation, to monitor disputes between you and other Members.
- We do not represent or guarantee that this Platform will be free from errors or viruses. You acknowledge that this Website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical problems with the Internet or infrastructure failures.
- We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this Platform, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Platform.
- GOVERNING LAW
This Agreement has been made in accordance with Muluki Dewani Samhita Ain 2074, and shall be governed and interpreted by and construed in accordance with the prevailing Contract law of Nepal. In case of conflict of the provision of this Agreement with the laws of Nepal, the contradicting provision of this Agreement shall become automatically invalid to the extent of contradiction.
AMENDMENTS TO THE TERMS AND CONDITIONS
- FORCE MAJEURE
- Definition and Consequences of Force Majeure
“Event of Force Majeure” means an event beyond the control of the Parties, which prevents a Party from complying with any of its obligation under this Agreement, including but not limited to the reason of act of God, fire, flood, or other natural disaster, malicious injury, strikes, lock-outs, or other labor troubles, riots, insurrection, war or other reason like nature not the fault of the party in performing under his Agreement, then performance of such act shall be excused for the period of the delay.
- Optional Termination and Release
Irrespective of any extension of time, if an Event of Force Majeure occurs and its effect continues for a period of 60 days, either McqHall or the Institute may give notice of termination, which shall take effect 30 days after the giving of the notice. If at the end of the 30 days period, the effect of the Force Majeure continues, the Agreement shall terminate.
- Neither Party shall be liable for any losses suffered by the other Party arising as a result of a Force Majeure Event.
Mcqhall’s website (https://mcqhall.com) is subject to maintenance, repairs, inspections, modifications and improvements, during which the Mcqhall Service may not be available. Such scheduled Downtime is subject to change. As to any outage of the normal services resulting there from, such outage shall not constitute a breach of contract by McqHall.
- The Agreement may be terminated by either party at any time, for any reason, with or without cause, upon a written notification 30 days prior to the date of termination to the other party.
- If either of the Party or business of the Party is found illegal under the laws of Nepal by the Authority of Nepal government or court in Nepal, the other Party shall terminate this agreement with or without further notification to the Party.
- The agreement shall be deemed to be terminated from the effective date of any laws, rules, directives or circulars prohibiting any contract of this type pronounced by the laws of Nepal In such case, thirty (30) days prior written notification need not to be served by the parties.
- Upon termination of this Agreement, the respective obligations of the Parties set out in this Agreement shall cease. However, any amounts due and payable under this Agreement shall continue to be due and payable in full and has to be settled within thirty (30) days after the termination of this agreement.
- RETURN OF DATA
- Upon termination or expiration of this Agreement, each party’s rights to use or possess Confidential Information automatically terminate immediately. Each party will return, or at the other party’s request provide verification of destruction of, any copy of any other party’s Confidential Information it may possess.
- Any notice required to be given hereunder shall be in writing and shall be given by registered mail, hand delivery or by facsimile or cable to the following addresses of the concerned Parties:
To the McqHall
DalloTech Pvt. Ltd.
Phone No: 9863021119
To the Individuals
IN WITNESS whereof, the duly authorized representatives of the Parties have signed on this agreement on the day and date first here.
|McqHall (Dallo Tech Pvt. Ltd.)||Individual|
Name: Anuj Poudel
INDIVIDUAL’S BANK DETAILS
|Bank Account No.|