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SUBSCRIPTION AGREEMENT

 

 

This Subscription Agreement (“Agreement”) is made and deemed executed on the date _____________ (“Subscription Date”)by the Company at _____________ (“City”).

 

BY AND BETWEEN

 

Cityfurnish India Private Limited having its registered office at Flat No 31, Ekta Govt. Employees Co- operative Group, Sector 10A , Gurgaon ,Haryana 122001 INDIA (“Company”).

 

AND

 

The individuals identified as _____________________________________________ (“Subscriber”).

 

The Company and the Subscriber shall individually be referred to as ‘Party’ and collectively as ‘Parties’.

 

WHEREAS

 

The Parties hereto wish to enter into this Agreement in order to record their mutual understanding.

 

NOW, THEREFORE, BOTH PARTIES AGREE THAT

 

1. Definition

In this Agreement, unless the context otherwise requires, the following capitalized words and expressions shall bear the meaning ascribed to them here-in-below:

 

2. Subscription of Solution

 

3. Subscription Fees

 

4. Security Deposit

 

5. Subscription Date, Use and Obligations

 

6. Joint Subscription

 

7. Delivery and Pickup

 

8. Maintenance

 

9. Inspection Rights

 

10. Termination

Subject to this Agreement, this Agreement can be terminated during the Subscription Period (but only after the expiry of Initial Subscription Period) in following manner

Following charges will be applicable for early termination

Termination before minimum tenure of 3 months: Full 3 month's rental due with rates as per 3 months tenure. For fitness products, minimum tenure being 4 weeks, for any cancellation before 4 weeks rental for 4 weeks will be payable

Termination after 3 months: Difference in monthly rental rates between contract tenure (the tenure selected at order placement) and actual tenure. Rental rate applicable will be as per actual tenure. e.g. if contract tenure selected at order placement was 12 months and subscription is terminated in 4 months, rental rates for 4 month duration will be applicable for rental difference calculation

In addition, if customer has availed an offer which is not applicable for actual tenure, amount equivalent to offer amount will also be payable.

 

11. Effect of Termination

 

12. Duty of Subscriber

 

13. Intellectual Property Rights

 

14. Confidentiality

Subscriber shall keep confidential the terms and conditions of this Agreement and all information disclosed by the Company to the Subscriber in relation to or in connection to this Agreement including the intellectual property rights in the Solution.

 

15. Disclaimer and Hold Harmless

 

16. Breach of terms

In the event of breach of any of the covenants and conditions to be observed and performed by the Subscriber hereunder, the Company may at their option terminate this Agreement by giving the Subscriber a prior ten (10) days’ notice in writing, specifying the breach complained thereof and requiring its remedy and this Agreement would stand terminated on the expiry of said notice period, unless the Subscriber would have remedied or repaired the said breach before the expiry of the said notice period. Further, the Company shall retain its right to claim damages and/or deduct the damages from the Security Deposit or encash the undated cheques.

 

17. Indemnity

 

18. Force Majeure

Upon the occurrence of any of the following events, including but not limited to fire, accident, riots, flood, earthquake, storm, terrorist activities, war, Acts of God, any governmental or municipal action (beyond the control of the Parties), prohibition or restriction, which in any way results in making the Solution or part thereof unfit, the Company shall have the right to terminate this Agreement forthwith and claim asset or value of the asset as defined by the company in books of account.

 

19. Statutory Action

If the Subscriber is dispossessed from the usage of Solution or part thereof as a result of any legal proceeding or action against the Company in respect to the Solution or part thereof for the breach by the Company of any law, regulation, rules, bye-laws in force in India, the Agreement shall stand terminated from the date of dispossession of the Subscriber.

 

20. Dispute Resolution and Arbitration

 

21. Miscellaneous

 

Annexure 1

Damage shall be defined as follows: