Retainership agreement mr.ankit

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1. RETAINERSHIP AGREEMENT

THIS AGREEMENT made and entered into this 01st Day of February , 2021 between WWICS Global
law Offices Pvt. Ltd, a Company incorporated under the Companies Act, 1956, having its office at A-12,
Industrial Area, Phase 6, Mohali, Punjab, herein referred to as “the Company” (which expression shall
unless be repugnant to the context as contrary to the meaning thereof be deemed to mean and include
their successors and assigns) on the ONE PART.

AND

Mr.Ankit Pandey Resident of 1361, B/13,Gali No-13 Govind Puri,Kalkaji,South Delhi -110019 herein
referred to as “the Retainer” (which expression shall unless be repugnant to the context as contrary to
the meaning thereof be deemed to mean and include their successors and assigns) on the OTHER
PART.


WHEREAS the Company requires a person specialized in the area of sales and customer/client support
and WHERERAS the Retainer, having an experience in the field of Sales and Operations, has offered
his services for the requirement of the Company to work and the Company has accepted the said offer
and agreed to engage the party of the Second Part as its Retainer to carry out the requirements and
assignments in the field of Sales and customer/client support on the following terms and conditions:-

NOW THIS AGREEMENT WTTNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE
PARTIES HERETO AS UNDER:


1. Appointment as Consultant:

The Company hereby appoints the Party of the Other Part, the said Mr Ankit Pandey as a consultant
on a retainership basis to carry out the assignment and requirements in the field of Sales and
customer support.


2. Tenure of the Agreement:

This agreement shall come into force on 01st Day of February , Two Thousand and Twenty One, and
shall continue for a period of Twelve months, unless determined earlier as hereinafter provided in this
agreement, This agreement, if not renewed, shall stand terminated on the expiry of the period of
twelve months.

3. Duties and Responsibilities of the Retainer:

a. It is expressly understood by the Parties that the Retainer shall use his/her experience,
knowledge, skill to carry out the assignments delegated and given by the Company.

b. To provide such assistance and support to the Company, as and when so required by the
Company.

c. In the course of handling the assignments it shall be the responsibility of the Retainer to assist the
Company in completing the documentation, sales and other requirements as required by the
Company from time to time.

d. While the Retainer is entitled to use his/her knowledge and discretion in executing the
assignments to the best of his ability, he/she shall carry out the assignments in conformity with
general or specific instruction issued by the Company from time to time. Such instruction may be
amended from time to time and shall be communicated to the Retainer who shall adhere to the
same.

2. e. The Retainer in the execution of his/her duties, adhere to the laws in force in India and act within
the ambit of the laws and secure the best interest of the Company. If the Retainer so desires
he/she may seek further clarifications from the Company on all or any particular matters or
transactions.

f. The Company may, at its absolute discretion accept or reject any proposed or suggestion or
opinion rendered by the Retainer and the decision of the Company shall be final.

g. For the purpose of execution of the assignments, the Retainers will be working till any official
notice.

h. The Retainer shall comply with all the terms and conditions of this Agreement, including without
limitations, Section 10 of the Agreement relating to Confidentiality.

i. The Retainer shall make himself / herself available for any work assistance and co-ordination
required by the company.

j. The Retainer in the execution of his /her assignments shall communicate and interact with clients
and customers of the Company as per the directions and instructions of the Company.

k. The Retainer shall not have any power to enter into any contract or agreement with any other
party having dealing with the Company to carry out similar business of the Company nor shall the
Retainer represent the Company as its agent and the Company shall not be bound to any
commitments made by the Retainer to the client/applicant/third Party unless otherwise agreed to
in writing by the Company.

l. The Retainer in the execution of his / her assignments in his / her interaction with the clients and
customers of the company shall communicate with the staff of the Company and of the Associate
Companies as may be directed by the Company in pursuance of the execution of the
assignments delegated to him / her.

m. During the term of this agreement the Retainer shall not take up an assignment or employment
with any other company whose business is similar to that of the Company or any of its associate
companies.

4. Consideration payable to the Retainer:

4.1 In consideration for the assignment to be performed by the Retainer, the Company shall pay
to the Retainer a fixed Retainer fees of Rs. 35,000/- per month. The disbursement of the
retainer fees shall be as under:-

a) During first month of association, the Retainer shall be paid a sum of Rs. 35 000_/-
per month, prorated by number of working days.
b) From 2
nd
month of association the Retainer shall be paid 75% of the fixed retainer
fee i.e. Rs. 26250_/- and remaining 25% i.e. Rs. 8750/- shall be divided into
sales targets/slab (as per attached Annexure ”A”).
c) In case the Retainer is unable to generate the revenue as per the targets assigned
for minimum 90 days then Company reserves the right to change clause 4.1 (b). The
Retainer shall also be informed regarding the changes in writing.

4.2 The above fee shall be subject to the deduction of Income Tax at Source (TDS) as per the
applicable rates under the Income Tax Act, 1961 and the rules framed there under as a
Retainer fee per month. The said Retainer fee, after deduction of TDS, for which Company
shall issue a TDS Certificate, shall be paid to the Retainer by cheque / RTGS monthly in
arrears, on or before 15
th
day of the following month.

4.3 Any other tax payable or leviable shall be the sole responsibility/liability of the Retainer and
shall not be charged to or payable by the Company.

3. 4.4 The Retainer should also submit the invoice to the Company mentioning the number and the
Service Tax amount separately, to enable the Company to claim the set-off against its own
Service Tax liability.

5. Documents to be returned by the Retainer in the event of termination of the Agreement:

In the event of termination of the Agreement by either party, for any reason whatsoever, the
Retainer shall forthwith return to the Company SIM card, all the documents / papers / monies/
authorization letters/ properties belonging to the Company and or held by the Retainer on behalf
of the Company. The Retainer shall be responsible or liable for any loss or damages caused by
not returning company SIM card, papers / amounts / properties of the Company promptly on
termination of this agreement.


6. Exclusive Agreement: -

The Retainer shall, very clearly, understand that this Agreement, entered into between the
company and the Retainer, is an exclusive agreement and does not provide right to the Retainer
to get an assignment from other Company, however the Company is free to engage any other
Retainer or Consultant for undertaking similar or otherwise assignments and enter into
Agreement(s) with any other person / firm / Company, as may be deemed fit to the Company.


7. No Relation of Master and Servant or Employer and Employee

This Agreement shall be governed by the specific provisions as laid down in the Agreement and
nothing contained in this Agreement of any instructions / guidelines that may be issued by the
Company from time to time shall be construed to create the relation of Master and Servant or
Employer and Employee as between the Company on one hand and the Retainer on the other.
The parties understand clearly and agree that this agreement covers only special assignments to
be carried / performed by the Retainer.

8. Designation

For the purpose of identification when interacting with third parties in the assignment being
executed by the Retainer for and on behalf of the Company, the Company will give the
designation of “TM(Counseling)-Skilled &B.I”. He will not be entitled for leave, gratuity and
other benefits that are available for regular employees.

The said designation shall at no time construe an employer- employee or master-servant
relationship and shall be at all times subject to the writings of this document. Any subsequent
change in the designation will be executed by way of an Addendum to this agreement and will
form part of this agreement and binding on both the parties.

9. Indemnification:

a. The Retainer shall indemnify the Company and keep the Company indemnified against any
loss or claim / damages that any other persons whomsoever may make against the Company
in respect of any act of omission or commission which the Retainer or his / her
representative(s) have done which is contrary to or in breach of the terms of this agreement
and / or any instruction that may be given to the Company.

b. The Company shall not be liable to indemnify or be liable or responsible for any loss or
damages which the Retainer may suffer by reasons of the retainer having acted contrary to or
in breach of the terms of this agreement and / or any instructions that may be given by the
Company. The retainer shall indemnify and keep the Company indemnified against any loss
or damages that any person whatsoever may make against the Company or even that which
the Company may suffer by reason of misuse of authority given hereunder.

4. 10. Confidentiality:

All communications between the parties, all information / material supplied by the Company to the
Retainer or any information / material supplied by the retainer to the Company, and any
information concerning the Company or its transaction coming to the knowledge of the Retainer,
shall be kept confidential by the Retainer-unless the Retainer obtains the specific written consent
of the Company to disclose the said information.

11. Assignment:

This agreement is excessive to the parties and Retainer shall not assign his / her rights and
obligations hereunder to any person or party without the prior-written consent of the Company in
this regard. In the event that the Retainer assigns his rights and obligations under the agreement
to and with the consent of the Company, then the said assignee shall comply with all the terms
and conditions of this agreement as if he were a signatory to the said information.

12. Notice In Writing:

Any notice by either party to the other shall be in writing and delivered at the Address of the
other party given hereunder.

13. Non-Persistence is not a deemed waiver :

Any forbearance, waiver or failure of the Company to insist upon the performance of this
agreement shall not constitute waiver by the Company of any subsequent breach nor shall such
waiver prejudice, affect or restrict the rights of the Company hereunder.

14. Amendment:

This agreement represents the entire agreement between the parties and shall be Capable of
variation only in writing by a note of amendment signed by both parties in this regard.

15. Termination:

i). This agreement, if not renewed shall stand terminated on the expiry of the aforesaid
period of currency of this agreement unless the term has been extended for further
period(s) by mutual consent of the parties hereto by giving one month notice in writing
prior to the expiry hereof as hereinafter provided. During the currency of the Agreement,
the Company hereunder may terminate the assignment and any time.

ii). The Company may also terminate the agreement immediately at any time without giving
any notice to the Retainer in the happening of any one or more of the following events.
a). Should the Retainer become incapable of complying with terms of the Agreement
or his duties hereunder.
b). Should the Retainer commit a breach of any of the terms and conditions
stipulated in this agreement.
c). Should the Retainer misrepresent the Company or do any such act or deed
which in the sole opinion of the Company is detrimental to the interests of the
Company.
d). Should it come to the notice of the Company that the Retainer is rendering
services to any of its competitors’.
e). Should the Retainer fail to achieve the targets assigned to him by the Company.

iii). In the event of termination of the Agreement, including termination due to expire in the
due course of 12 months and if the same is not renewed, the Retainer undertakes not to
take up an assignment or employment with any Company, firm, Organisation whose
business is similar to the business of the Company for a period of one year from the date
of termination of this agreement, nor source any clients or customers of the Company for
a period of two months one year from the date of termination of this agreement. In case

5. the Retainer takes up any assignment or employment similar to the business of the
Company in his own name within a period of two months one year of the termination of
this agreement, he shall pay to the Company liquidated damages which will be equivalent
to six months fees paid to the Retainer. This clause is of the essence of the agreement
and is binding on the Retainer.

16. Arbitration and Jurisdiction:

ln the event of any dispute or disagreement over the interpretations of any of the term's
hereinabove contained the same shall be referred to any Arbitrator nominated by the
Company, whose discretion shall be final and binding upon all the parties hereto. Such
parties shall deemed to be a submission to arbitration under the Indian Arbitration and
Conciliation Act, 1996, or of any modification or enhancement thereof. The venue of
arbitration shall be Mohali India.

17. Governing Law and Jurisdiction:

This agreement shall be governed by the laws of the Republic of lndia. The parties to this
agreement irrevocably agree to submit to the jurisdiction of courts in Mohali, India in
connection with any dispute arising from the said agreement.


IN WITNESS WHEREOF THE PARTIES HERETO HAVE SUBSCRIBED THEIR SIGNATURE ON THE
DAY, MONTH AND YEAR MENTI ONED ABOVE.



_______________________
Retainer

I WITNESS: For WWICS Global law Offices Pvt. Ltd,
Signature: _______________________


Signature: _______________________
Name:

Name:
Address: Title:

II WITNESS


Signature: _______________________


Name:
Address :

6. ANNEXURE-„A‟







Remuneration Annexure

Please find below your retainer fee and performance base remuneration slab with effect from 02nd
Month Onwards:

Fixed Amount Slab Salary % Extra Award (INR)
INR 26250
Fixed Monthly
2.50L 100% 5,000
2.25L 90% 4,000
2.00L 80% 3,000

1.65L 70% 2,000

1.25L 60% 1,500


***The above targets and awards are for 15 days