Terms of Service

Recital

A. Katchin Tech provides its clients with outplacement or outsourcing services. This includes placement of remote contractors.

B. Katchin Tech has been asked or is being considered to be asked by the client to offer its services to the client for the placement of contractors.

C. The services will be provided by Katchin Tech to the client according to the terms and conditions of this service agreement.

It is agreed as follows:

1. Definitions & Interpretation

Schedule 1 provides the definitions and interpretations for this service agreement.

2. Agreement - Day To Day Operation

2.1. The terms and conditions on the Katchin Tech website provide the procedure for day-to-day activities like request for service by the client, selecting the Katchin Tech employee, and performing other day-to-day activities with respect to this contract.

2.2. It is acknowledged by the client and agreed upon that the nature of this agreement with Katchin Tech does not establish any form of employment.

2.3. The liability for choosing the appropriate Katchin Tech employee rests with the client. The hiring is done for independent contractors on the basis of applicable local guidelines.

2.4. The Katchin Tech employee does not have any authority to enter into contracts on behalf of the client. The agreement does not create any partnership between the client and the Katchin Tech employee.

3. Duration

3.1. This agreement will be applicable on a month-to-month basis, will commence on the starting date as agreed upon. The agreement will continue until terminated in accordance with clause.

4. Payment

4.1. The time for payment to be made to Katchin Tech is provided in schedule 1 and the requisite terms and conditions as on the Katchin Tech website.

4.2. The provisions provided in schedule 1 are a part of and operative under this contract.

5. No Katchin Tech Liability

5.1. In case of any loss, damage, costs, or compensation (whether direct or indirect) to the client, no liability shall be incurred by Katchin Tech. The following cases are included:

• a) Any delay in introduction of Katchin Tech employees by Katchin Tech.
• b) The event of non-acceptance of an offer or an assignment by a Katchin Tech employee.
• c) Related to the performance of a Katchin Tech employee.

6. The Client's Indemnity To Katchin Tech

6.1. With respect to the following cases of loss or claims, the client has to pay indemnity to Katchin Tech.

• a) An injury to a Katchin Tech employee while performing his/her duties for the client.
• b) Property damage while performance of duties by a Katchin Tech employee.

6.2. If there are any claims made by a Katchin Tech employee with respect to his/her termination of services, the client has to indemnify Katchin Tech for the same.

7. Restriction On Direct Hiring Of Katchin Tech Service Employees

7.1. The Client must pay to Katchin Tech 15,000.00 USD for each Katchin Tech employee who has been offered/hired by the client directly.

7.2. When this contract is terminated, no Katchin Tech employee who is performing an assignment for the client or has performed an assignment for the client in the last 12 months can be offered a contract or permanent employment by the client.

7.3. Katchin Tech employee’s friends, family members, referrals, and network cannot be offered work or assignments by Katchin Tech clients without prior approval.

7.4. No information exchange related to payments and pricing between Katchin Tech and Katchin Tech employees shall be permitted.

8. Intellectual Property

8.1. All material prepared by the Katchin Tech employee will be owned by the client and any intellectual property rights in any such work shall vest in the client.

9. Privacy

9. All parties agree that they will handle personal information in accordance with the privacy laws.

10. Confidential Information

10.1. Subject to clause 10.2, the only information that is disclosed by any party is that which is required by the law.

11. Warranties

Both parties represent and warrant to the other party that:

• a) There are no actions, claims, proceedings, or investigations pending or threatened against it or by it of which it is aware, and which may have a material effect on the subject matter of this contract.

12. Termination

12.1. A party ("the first party") may immediately (or with effect from any later date it may nominate) terminate if:

• a) The second party breaches this contract and does not remedy such breach within 5 business days.
• e) The other party becomes insolvent.

12.2. The client may appoint the Katchin Tech employee on a trial basis. This is for a minimum of 1 hour and a maximum of 10 days. The client can terminate the Katchin Tech employee at any time during the trial period.

12.3. Subject to the client complying with the provisions set out in schedule 1, if the client can terminate the full-time employees in the following manner:

• a. For less than 6 months from his or her appointment, a period of 30 days notice is required.
• b. For more than 6 months, a period of 60 days notice is required.

12.6. Upon termination:

• (a) The client will return all confidential information back to Katchin Tech.

13. Acceptance

The client accepts the terms as set out within the terms and conditions on Katchin Tech's website.

• (a) The client making a request for services; or
• (b) The client appointing Katchin Tech to provide services to the client; or
• (c) The client selecting a Katchin Tech employee; or
• (d) The client making a payment of any amounts listed within schedule 1, including but not limited to set up fees, monthly fees and/or any payment of Katchin Tech invoices (whichever is the earliest); or
• (e) The client indicating its acceptance

14. Duty of Confidentiality

a. Katchin Tech and the Katchin Tech employee acknowledge that while working for the client, they may have access to confidential information of the client.

b. Katchin Tech and the Katchin Tech employee undertake not to disclose or use this information to any third parties.

Schedule 1 Fee Structure

Regular Billing System

1. If the client selects and appoints a Katchin Tech employee, the client must use the regular billing system.

2. The client must pay Katchin Tech for the services in advance by using either of the following 2 options:

• (a) Prepaid payments
• (b) Regular monthly payments

Via

• - Credit card online payment
• - Direct debit of credit cards and bank accounts
• - Electronic fund transfer

3. Each payment is to be made in advance or on an agreed fixed monthly date.

4. The clients can make payments via electronic fund transfer (EFT) into Katchin Tech's INR bank accounts.

5. If there is any overtime payments due, the amount of overtime is chargeable to the client will be included in the following month's invoice.

6. The client at any time may request a refund of the amount held with a 2-week refund processing period.

Insufficient Funds

7. If:

• (a) the available balance falls below zero; or
• (b) The client does not pay on time under the prepaid payment option and/or the regular monthly payment option,

Katchin Tech is entitled to suspend the services of the Katchin Tech employee for a period of 5 business days ("Suspension Period").

8. During the suspension period, the client must pay to Katchin Tech any amount in arrears, else the contract shall be terminated.

Holidays

1. The Katchin Tech employee is entitled to request for leaves on public holidays of his or her location.