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Agency Agreement
Agency Agreement
AND
M/s. [Company Name], [CIN/ PAN] a company incorporated under the Companies Act, 1956 and hav-
ing its registered office at [Company Registered Address] hereinafter referred to as “Sourcing Partner”
(which expression shall unless excluded by or repugnant to the context or meaning thereof, be deemed
to include their successors in business, assigns, executors and administrators) of the one part,
WHEREAS TriEV is engaged inter-alia in the business of First/ Last Mile Logistics & Connectivity
thru Gig-workers via its 2W/ 3W Electric Vehicle fleet (hereinafter referred to as Services).
AND Sourcing Partner is engaged inter-alia in the business of providing qualified candidates to fill tem-
porary and contract positions, and , TriEV looking for reliable talent to help meet the needs of their
business on such terms and conditions as are contained herein:
Both the TriEV and Sourcing Partner may hereinafter be referred to singularly as “Party” and collec-
tively as “Parties”.
NOW THIS AGREEMENT WITNESSETH and in consideration of the mutual promises and covenants
hereinafter contained, it is hereby agreed by and between the parties as follows:-
1. DEFINITIONS
For the purposes of this Agreement, the following terms shall have the following meanings unless the
context specifically requires otherwise.
ii. “Assign” shall mean absolute transfer of interest and rights to a third party.
iii. “Service” shall mean first/ last mile logistics and/or having similar or identical nature and kind.
iv. “Client” shall mean Companies which are TriEV’s business client.
v. “Captain” shall mean an individual who is willing to work as Gig-worker and/or independent contrac-
tor.
vi. “Effective Date” means the date on which this Agreement enters into force pursuant to its provisions.
vii. “Label” shall mean the Trademark, Trade Name, Copyright or any Distinctive Signs or for that mat -
ter any intellectual property of Company or other Companies with which TriEV has trade/business
agreements for production, supply, marketing arrangements as selected by it for the Products.
viii. “Non-Exclusive” shall means that the party granting the right shall be free to grant the same right to
any other party within the relevant territory.
ix. “Persons” shall include Corporations, Firms, Company either Private/Public Co-operative Society/
Sangh and persons.
x. ‘’Product”/ “Goods” shall mean the e-vehicle, e-card and e-rickshaw as defines under section 2A of
The Motor Vehicle Act, 1988 and its components.
xii. “In writing” and “Written” shall include printing, lithography and other modes of representing or re-
producing words in visible form.
xiv. “Year” shall mean a financial year starting from 1st April and ending 31st March of the subsequent
year.
xv. “Sourcing Partner” shall mean an individual/ entity for providing qualified manpower
4. RESPONSIBILITIES
TriEV:
TriEV agrees to provide clear, timely instructions and feedback to the Sourcing Partner as needed and
will ensure that all required training is provided to Captains or contractors before they begin work.
TriEV will provide a safe and legally compliant work environment for Captains
Pay agreed-upon fees promptly as specified in this agreement
Provide feedback to the Sourcing Partner regarding Captain’s performance and suitability.
Sourcing Partner:
The Sourcing Partner agrees to provide qualified Gig-workers toTriEV and will ensure that all individu-
als hired under this agreement meet the agreed-upon criteria. The criteria as mentioned in Annexure II.
Sourcing Partner will Identify & screen Captains and provide any additional support and training needed
to perform their duties diligently.
Sourcing Partner will communicate with TriEV regularly regarding any issues or concerns related to the
fulfillment of this agreement.
If Sourcing Partner is unable to fulfill the terms of this agreement, they will provide a replacement tem-
porary employee or contractor within 48 working hours.
5. NON SOLICITATION
The Sourcing Partner agrees not to reach out to any of ’s clients, directly or indirectly, unless otherwise
required for the purpose of ’s work, or if the Sourcing Partner has written permission from . The Sourc-
ing Partner agrees not to solicit or poach any employees, clients, laborers, or any of ’s stakeholders, ei-
ther for themselves or for a third party. If they are caught breaching this policy, they will be liable to pay
a penalty of $ (insert amount).
6. SEVERABILITY
In case any part of the contract is found to be untrue or not legally valid or enforceable, either in part or
whole, then the remaining parts of this contract will still remain perfectly and legally valid, as if there
were no issues in the contract.
7. INDEMNIFICATION
Sourcing Partner understands that, since Captain is a Gig-worker, any personal injury or property dam-
age suffered by Sourcing Partner in the course of carrying out any duties under this Agreement will be
Sourcing Partner’s sole responsibility. No worker’s compensation insurance shall be obtained by TriEV
and/ or Client concerning Sourcing Partner. Sourcing Partner shall comply with worker’s compensation
laws and shall provide a certificate of worker’s compensation insurance, where applicable.
8. TERMINATION
Sourcing Partner agrees and acknowledges that, just as they have the right to terminate their employ-
ment with TriEV and/ or the Company at any time for any reason, TriEV and/or the Company has the
same right, and may terminate their employment with TriEV and/or the Company at any time for any
reason. Either Party may terminate said employment with written notice to the other Party.
9. CONFIDENTIALITY
All information shared between the parties under this agreement is considered confidential and will not be
disclosed to any third parties without the written consent of both parties. All intellectual property rights asso-
ciated with any work carried out under this agreement belong to the staffing agency unless otherwise speci-
fied in writing.
Place
Date
ANNEXURE I
NOTE: One time sourcing fee shall not be applicable for replacement candidates.
ANNEXURE II
Process:
• Sourcing Partner to share KYC with TriEV for verification & upon confirmation need to share the security
& weekly advance EV rental
• Upon receipt of EV rental, driver ID shall be processed by TriEV and Captain can be deployed at the des-
ignated location within 24 hours
• TriEV shall inform the Sourcing Partner on real time for any replacements