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SERVICE CONTRACT

BETWEEN
H.T. SOLUTION PVT. LTD
AND
OYO Nepal

This Contract is made on February 1, 2020 by and between H.T. Solution Pvt. Ltd., a private
limited company incorporated under the laws of Nepal, having its registered office at Lalitpur
Metropolitan City, Ward No. 2, Sanepa which is registered at Office of Company Registrar,
Nepal on 2067/06/15 with the registration number 76691/067/68 (hereinafter referred to as the
“Service Provider”) and OYO Nepal, a private limited Company, incorporated under the Laws
of Nepal, having its registered office at Kathmandu Metropolitan City (hereinafter referred to as
“OYO Rooms”)

WHEREAS, OYO Rooms is desirous to employ the Service Provider to act as agency for Digital
Marketing and perform the under mentioned services and the Service Provider is agreeable to
impart the said services / jobs, as described hereunder;

THEREFORE, now both the parties agree to the terms and conditions set forth herein below:

ARTICLE I - SCOPE OF WORK

1. Monthly Services that the First Party will provide to the Second Party:

A. Static creative artwork as requested.


B. 100 sec motion graphic video per month.
C. Monthly content plan for Facebook and Instagram.
D. Official Facebook and Instagram Page Management.

2. The first party will take prior approval before posting any content on the official page of the
second party.

ARTICLE II -- PAYMENT

a. Service Charge
OYO Rooms shall pay a monthly service charge to the Service Provider NRs. 75,000 (Seventy
Five Thousand only). Above charges shall be exclusive of value added tax (VAT) and all other
applicable government taxes. The Service Provider shall raise a VAT bill at the start of the
service period and OYO Rooms shall make payment after due verification after deduction of
applicable government taxes.

OYO Rooms is not liable to pay any additional charges, commissions, and fees etc. to the
Service Provider &/or its’ employees, except annual service charge, as detailed above.

Digital Marketing Service Contract between H.T Solutions Pvt. Ltd. and OYO Nepal.
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In case the second party wishes to do digital promotion i.e. through google adwords or facebook
advertising, the second party will charge only 10% as card handling charges over and above the
amount spent.

ARTICLE III - SERVICE PROVIDER AND ITS EMPLOYEE

1. The Service Provider or its employees or any individual engaged by the Service Provider
shall in no way be employee of OYO Rooms. Their relationship with OYO Rooms and
the services they provide and the benefits they derive will be limited exclusively by the
terms set forth in this contract.
2. The Service Provider or its employees or any individual engaged by the Service Provider
shall not be entitled to any benefits or rewards from OYO Rooms.
3. The Service Provider or its employees engaged by the Service Provider shall have no
claim for employment with OYO Rooms in any case including but not limited to upon the
termination or non-renewal of this contract.
4. The Service Provider understands and agrees that OYO Rooms accepts no
responsibility for the settlement or arbitration of disputes that may arise between the
Service Provider and its employees or any individual engaged by it.

ARTICLE IV - SERVICE PROVIDER’S LIABILITY

In case the work could not be carried out within the stipulated time and terms as mentioned in
this contract, due to any reason whatsoever, the Service Provider must immediately notify OYO
Rooms.

ARTICLE V - NO RELATIONSHIP OF MASTER AND SERVANT OR EMPLOYER AND


EMPLOYEE

Nothing contained in this contract or any instructions/guidelines that may be issued by OYO
Rooms from time to time shall be construed to create any relationship of Master and Servant or
Employer and Employee as between OYO Rooms on the one hand and the Service Provider/s
and/or the personnel employees/engaged by the Service Provider/s on the other. The parties
clearly understand and agree that this contract covers only specific jobs to be carried/
performed by the Service Provider/s as and when they are assigned to the Service Provider by
OYO Rooms.

ARTICLE VI - NOT AN EXCLUSIVE CONTRACT

The Service Provider clearly understands that this contract entered into between OYO Rooms
and the Service Provider is not an exclusive contract and the Service Provider shall not claim
any exclusive right to get contract jobs from OYO Rooms and that OYO Rooms is free to
engage as many Service Provider/s, whether similar or otherwise, and enter into a contract with
any other person/firm/company/organization as may be deemed appropriate by OYO Rooms.

Digital Marketing Service Contract between H.T Solutions Pvt. Ltd. and OYO Nepal.
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ARTICLE VII - CHANGE IN THE CONSTITUTION

OYO Rooms shall make no change whatsoever in its constitution/nature of business during the
continuance/validity of this contract to impair or discharge the liability of the OYO Rooms.

ARTICLE VIII - RETURN OF DOCUMENTS, PAPERS, AMOUNTS, PROPERTIES, LETTERS


OF OYO Rooms ON TERMINATION

In the event of expiry or termination of this contract by either party for any reason whatsoever,
the Service Provider shall forthwith return to OYO Rooms all documents, papers, properties of
OYO Rooms that belongs to OYO Rooms or held by the Service Provider on behalf of OYO
Rooms. The Service Provider shall be responsible or liable for any loss or damages to such
properties.

ARTICLE IX - CONFIDENTIALITY

All communications between the parties or any of them and all information and other material
supplied to the service provider from OYO Rooms and/or any information concerning the
business transaction coming to the knowledge of the service provider and/or the relationship
between the parties under this contract shall be kept confidential by the service provider and its
employees or any other individual engaged by the service provider unless it is absolutely
essential for the service provider to disclose them, the specific written approval of OYO Rooms
shall be required to do so.

ARTICLE X - CONTACT PERSON

Contact person(s) for the parties of the agreement shall be as follows:

For OYO Rooms

● First Level Escalation:


○ Vishakha Rana
■ vishakha.rana@oyorooms.com
■ +977 9801920064
● Escalations:
○ Shweta Bagla
○ Sweta Pandey

For the Service Provider


Mr. Roshan Shrestha - 9849156093

Any change in the contact person(s) and/or their details shall be communicated in writing to the
other.

Digital Marketing Service Contract between H.T Solutions Pvt. Ltd. and OYO Nepal.
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ARTICLE XI - SETTLEMENT OF DISPUTE

In case any dispute arising between the parties to this contract, it shall be settled amicably
between both parties, and no third parties shall be involved. In case of failing to settle the
dispute amicably between the parties, such dispute may be settled as per the provision of the
Contract Act 2056 and other related laws of the Country (Nepal).

ARTICLE XII - CONTINGENCY PLAN


The Service Provider shall have a viable Contingency Plan to provide uninterrupted service to
OYO Rooms.

ARTICLE XIII - PUBLICITY:

The Service Provider shall not publicize (for example by making press statements or by issuing
press releases) or release any information in relation to or about this Agreement except with
OYO Rooms's prior written consent.

ARTICLE XIV - NOTICE OR REQUESTS

Any notice or requests shall be deemed to be duly given or made when it shall have been
delivered by hand, postal mail, cable or fax to the party to which it is required to be given or
made at such party's address specified below or at such other address as either party may
specify & communicate to the other party in writing.

For OYO Rooms:


Karyalay Ventures, Baluwatar, Nepal
Phone: 9801920000
Email: nepal.office@oyorooms.com

For the Service Provider:


Anamnagar, Kathmandu, Nepal
Phone: 9868834369
Email: info@himalayantechies.com

ARTICLE XVI - AMENDMENT OF CONTRACT

This Contract may be amended by mutual agreement in writing between OYO Rooms and the
Service Provider.

ARTICLE XVII - PERIOD OF PERFORMANCE AND RENEWAL

This Contract shall come into effect from January 1, 2020 and shall continue to be in force until
December 31, 2020. The Contract may be renewed for an additional period at the option of

Digital Marketing Service Contract between H.T Solutions Pvt. Ltd. and OYO Nepal.
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OYO Rooms upon reviewing the satisfactory performance of the contract during the period of
performance. However, the Service Provider cannot claim it as its right.

IN WITNESS WHEREOF, the duly authorized representatives of both parties, verification of


which has been waived hereby, have signed and executed this contract on the date mentioned
hereinabove.

--------------------------------------- -----------------------------------
Mr. Weeky Yolmo Mr. Roshan Shrestha
Country Head Head - Sales and Marketing
OYO Nepal. H.T. Solution Pvt. Ltd.

Digital Marketing Service Contract between H.T Solutions Pvt. Ltd. and OYO Nepal.
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