Get To Know About Us
M/s. “SKYYHIGH FINANCIAL SOLUTIONS PVT LTD” having his Office No. 406, 4th Floor, Manish Chambers Premises Co Op Soc Ltd, Sonawala Cross Rd., Goregaon (East), Mumbai – 400063, India, hereinafter referred to as “SKYYHIGH” (which expression and the expression “SKYYHIGH” shall unless it be repugnant to the context or meaning thereof mean and include himself and the present other shareholders of “SKYYHIGH” and their respective heirs, executors, administrators and assigns) of the FIRST PART
&
The signatory of this agreement also referred to as “Referral Partner” which expression and the expression “Referral Partner” shall unless it be repugnant to thee context or meaning thereof be deemed to mean and include himself and his nominees to the extent specified herein and their respective heirs, executors, administrators and assigns) of the SECOND PART.
Whereas “SKYYHIGH” is a ‘Direct Sales Associate’ in India who supports clients in meeting their financial requirements.
And whereas the parties hereto are desirous of recording the terms and conditions of their agreement.
1. TERMS & CONDITIONS :
“SKYYHIGH” will arrange the finance from different banks and financial institutions where they have the formal agreements for the client referred by “Referral Partner” who is interested in availing a Personal Loan, Business Loan, Home Loan, Commercial Property Purchase, Loan against Property, Working Capital, Overdraft, Cash Credit Loan for any Export-Import facility and other types of Loan, which are getting offered by the Client(s), with whom “SKYYHIGH” is tied up with.
“Referral Partner” shall use his/her best efforts to refer potential customers to “SKYYHIGH” and to maintain the quality of services to the highest professional standards which will be subject to “SKYYHIGH” norms and periodic review by “SKYYHIGH”.
Based on the documents/details provided by the client “SKYYHIGH” will arrange for the required finance and communicate the same to the client. “Referral Partner” to be kept in the loop in all communication. Fulfillment of leads to be done by “SKYYHIGH”.
“Referral Partner” must take selfie with Applicants Original KYC (documents) while visiting his/her Resident/ Office premises.
It is Mandatory to visit the Applicants Resident or Office & take a selfie with him/her along with KYC (documents) and office/Resident setup picture to be submitted along with the application & kept in Record for further Reference.
“SKYYHIGH” will not be responsible for payment for employees of “Referral Partner”
All processes to be adhered to as per “SKYYHIGH” & respective Clients (Financers) code of conduct. “Referral Partner” & his team will make sure no customer complaints arise due to false selling and they will solely be responsible for solving the same. “Referral Partner” & his team will also make sure that they will not collect any money from customers for sourcing loans, otherwise, if found guilty, appropriate action will be taken & his payment will be kept on hold until & unless the issue is resolved.
2. COMMERCIAL TERMS :
3. LIABILITY CLAUSE :
“SKYYHIGH” have presumed the accuracy of all statements, information, documents and clarifications, provided by the client And “Referral Partner” will not obtain any formal translations of any documents or records neither collect any documents from the Customer.
“Referral Partner” is supposed to share all the information of the Client with “SKYYHIGH”.
4. VALIDITY OF THE MOS :
This MOU is valid for a period of 2 years from the date of execution unless terminated by any of the parties to the agreement.
5. INDEPENDENT CONTRACTOR :
“Referral Partner” expressly acknowledges that he will be acting as an independent contractor on a non-exclusive basis and not as an employee. He agrees that this agreement is being entered on a principal to principal basis and nothing contained herein shall be construed so as to create a partnership, joint venture or master and servant or employer and employee relationship between “Referral Partner” and the “SKYYHIGH”.
As an Independent contractor, “Referral Partner” his staff and employees have no authority/right to bind the “SKYYHIGH” in any manner and “Referral Partner” shall not do any act, deed or thing which has the effect of binding the “SKYYHIGH” or creating any liability on the “SKYYHIGH” otherwise than as specifically provided herein. It is clarified that all staff/employees employed by “Referral Partner” for providing the Services will be governed by the terms of this Agreement and “Referral Partner” alone shall be responsible and liable in the event of any adverse claims of whatsoever nature made on the “SKYYHIGH” by “Referral Partner” & his staff/employees or agents.
“Referral Partner” shall use his own infrastructure, manpower and other facilities and bear his own expenses for the performance of the terms hereof. Unless expressly agreed upon in writing, the “SKYYHIGH” shall not be liable to reimburse any cost incurred for the performance of the terms hereof. It is clearly understood and agreed that “Referral Partner” shall be solely responsible and liable in all respects for his employees and for the personnel “Referral Partner” may wish to engage, and no responsibility and/or liability for any such employee and/or personnel shall attach to the “SKYYHIGH” at any time, including any responsibility and/ or liability for any payments and claims including wages and benefits, of such employees and/or personnel.
“Referral Partner” shall not subcontract any of his obligations as contained in this Agreement without the prior written permission of the “SKYYHIGH”.
6. INDEMNITY :
“Referral Partner” agree to keep the “SKYYHIGH”, its directors, employees and, representative indemnified, safe and harmless at all times, against any and all claims, liabilities, damages, losses, costs, charges, expenses, proceedings and actions of any nature whatsoever made or instituted against or caused to or suffered by and its directors, employees, representatives directly or indirectly by reason of : any wrongful, incorrect, dishonest, criminal, fraudulent, willful, negligent or unauthorized acts, omission or misrepresentation by “Referral Partner” and/or any of his staff/employee/ agent, any fraud and forgery or other wrongful act or omission by “Referral Partner” and/ or any of his staff/employee/agent, misconduct or negligence by “Referral Partner” and/or any of his staff/employee/agent, representatives engaged for the performance of the services under this Agreement. Any disclosure of the Confidential Information in breach of the obligations/undertaking contained in this Agreement.
In the event of such a claim for loss or damage being made against the “SKYYHIGH”, the “SKYYHIGH” shall be entitled to adjust such amounts as claimed against the future or outstanding payments due to “Referral Partner”. Any such claim for loss and or/damage made against the “SKYYHIGH” shall not amount to a waiver of “SKYYHIGH” right to terminate this Agreement or any of the other rights available to the “SKYYHIGH” either under this Agreement or otherwise howsoever.
Need to follow code of conduct of Bank/NBFC/ “SKYYHIGH” FINANCIAL SOLUTIONS PVT LTD.
You have to follow & co-operate us. If any Audit procedure held from our side.
Anti-bribery, Personal Dealings and Non-Subornation :- “Referral Partner” represents, warrants and covenants that not him nor any of its Personnel has or will make (or offer to make) any unlawful payments to, or confer (or offer to confer) any benefit upon
Data theft “Referral Partner” & his Personnel represents warrants and covenants that it will use reasonable efforts : (i) to eliminate, in any computer systems it uses to exchange software or other data electronically with “SKYYHIGH” Financial Solutions Pvt Ltd. Or its customers, any computer code designed to damage, disrupt, disable, harm or otherwise impede in any manner, the orderly operation of any software, data files, firmware, hardware, computer system or network & his Personnel warrants and covenants that they will not be involved in any kind of Data Theft.
It is compliant with the directives issued by the TRAI on the requirements to be met by Telemarketers viz-viz the Unsolicited Commercial Communications (UCC)- National Customer Preference Register (NCPR) and the National Do not call Register (NDNC).
Verification :- Verification part is mandatory as per company norms it will be held by our HR team, you have to fill verification consent form & issue you’re KYC, once the verification process is completed in your favour, the company will issue visiting card, Identity card, official Mail id or any other support. “Referral Partner” himself & on behalf of his personnel shall indemnify “SKYYHIGH” and keep “SKYYHIGH” indemnified on demand in respect of any type of liability, loss, damage, claims, demands, actions, charges, costs, and expenses incurred by “SKYYHIGH” and/or any member of the “SKYYHIGH” Group arising out of or in connection with any loss or damage to wrongful disclosure or misuse of, any Personal Data or as a result of a breach of any mention Clause in this letter.
Any penalty/charges levied by the bank/NBFC due to any miss communication/fraud will be directly debited to your account.
Data Base : “RP” should see that the database of the customers to be maintained properly & to be kept in safe custody & should be confidential. It is mandatory to share all the data with “SKYYHIGH” on regular intervals.
Recovery/Collection : It is the duly of “Referral Partner” to give full support & co-operation in the case the customers default in payments of EMI’s & stand by until & unless the issue is resolved.
7. TERMINATION CLAUSE :
This Memorandum of Understanding may be modified or amended by written agreement between Referral Partner & “SKYYHIGH”. Each party shall have the right to terminate this Memorandum of Understanding by giving at least 2 months’ notice in writing to the other Parties at any time. If the Memorandum of Understanding is terminated by a Party, steps shall be taken to ensure that the termination does not affect any prior obligation, project or activity already in progress. Existing Business, which are due to be completed within one calendar year from the date of notice of termination, shall not be affected by such termination unless agreed upon by all the Parties. Nothing in or relating to this Memorandum of Understanding shall be deemed a waiver, express or implied of any of the privileges and immunities of the Parties. This Memorandum of Understanding shall enter into force upon signature by the Director(s) of the Referral Partner “SKYYHIGH”.
It is responsibility or liability of the Referral Partner to reimburse any amount which has been paid in excess in form of advance against business or all the amount as a debit balance of Referral Partner at the time of termination for any reason. Any delay in reimbursing the amount the Referral Partner shall be liable to pay interest @24%p.a. on the said amount.
8. FORCE MAJEURE :
Performance of obligations under this Agreement shall remain suspended if any party is prevented from carrying out any of its obligations by reasons of war, invasion, an act of a foreign enemy, hostilities (whether war be declared or not), riots, pandemic, epidemic, civil commotion, labour disturbances, strikes, lockouts, mutiny, insurrection, rebellion, revolution, accidents, earthquakes, fire, floods, Governmental orders or restrictions, interruptions. Restrictions on power supply, damage to the plant, machinery or equipment, or any other causes beyond the reasonable control of the affected party. In the event of any such condition(s), both parties will discuss and arrive at a mutually acceptable resolution of any such situation.
9. CODE OF CONDUCT :
Code of Conduct is given below separately.
10. GOVERNING LAW & JURISDICTION :
This Agreement shall be governed by and construed in accordance with the laws of India and both Parties hereby submit to the exclusive jurisdiction of the courts of Mumbai.
The parties hereto record that this Memorandum of Understanding reflects the broad of their Agreement. Any other terms and conditions applicable for a specific client will be communicated in writing or at least through authorized Electronic Email of “SKYYHIGH” and “Referral Partner”.
Policy brief & purpose
Our Associates
Referral Partner/Associate/Agents/Executives/Employee/Consultant (together called as “Associates”) Code of Conduct company policy outlines our expectations regarding Associates or whoever providing their services to us, their ‘behavior towards their, Managers (Principal), supervisors, prospective/current customer and overall organization.
We promote freedom of expression and open communication. But we expect all “Associates” to follow our code of conduct. They should avoid offending, participating in serious disputes, and disrupting our workplace. We also expect them to foster a well-organized, respectful and collaborative environment.
Scope
This policy applies to all our “Associates” as mentioned above regardless of Memorandum of understanding/Appointment letter/ any kind of agreement between them & Company or rank/Designation.
Policy elements
What are the components of an “Associates “code of Conduct Policy?
Company “Associates” are bound by their contract to follow our “Associates” code of Conduct while performing their duties. We outline the components of our Code of Conduct below:
Respect in the workplace
All “Associates” should behave politely, courteously & respect their colleagues. We won’t allow any kind of discriminatory behavior, harassment or victimization. “Associates” should conform with our equal opportunity policy in all aspects of their work, from recruitment and performance evaluation to interpersonal relations.
Protection of Company Property
All “Associates” should treat out company’s property, whether material or intangible, with respect and care.
“Associates” should not misuse company equipment or use if frivolously should respect all kinds of incorporeal property. This includes trademarks, copyright and other property (information, reports etc) “Associates” should use them only to complete their job duties.
“Associates” should protect company facilities and other material property (e.g. company Air-condition) from damage and vandalism, whenever possible.
Professionalism
All “Associates” must show integrity and professionalism in the workplace:
Personal appearance
All “Associates” must follow our dress code and personal appearance guidelines.
For men this means
Well ironed trousers.
Well ironed shirt, shirt sleeves preferably buttoned down.
For women this means
Well ironed formal attire (saree, suit etc.)
Well-groomed appearance.
Jeans and or T Shirt, open Sandals are not considered appropriate.
Corruption
We discourage “Associates” should fulfill their job duties with integrity and respect toward customers, stakeholders, and the community. Supervisors and managers must not abuse their authority. We expect them to delegate duties to their team members considering their competences and workload. Likewise we expect team members to follow team leaders’ instructions and complete their duties with skill and in a timely manner.
We encourage mentoring throughout our company.
Conflict of Interest
We expect “Associates” to avoid any personal, financial or other interests that might hinder capability or willingness to perform their job duties.
Collaboration
“Associates” should be friendly and collaborative. They should try not to disrupt the workplace or present obstacles to their colleagues’ work.
Communication
All “Associates” must be open for communication with their colleagues, supervisors or team members.
Benefits
We expect “Associates” to not abuse their “Association” benefits. This can refer to time off, insurance, facilities, subscriptions or other benefits our company offers.
Towards Prospects customers/current customers
Towards Prospects customers/current customers
All “Associates” must protect our company’s legality. They should comply with all environmental, safety and fair dealing laws. We expect “Associates” to be ethical and responsible when dealing with our company’s finances, products, partnerships and public image.
Process & Compliance
All other terms and conditions of the Agreement remain the same and binding on both the parties.
In the event of any inconsistency between the Agreement and this addendum Agreement, the provisions of the Agreement shall prevail and will be binding on both the parties.
Associates agrees to indemnify and keep indemnified, defend and hold harmless SKYYHIGH Financial Solutions Pvt Ltd. And its officers, directors, employees and agents from the against any and all losses, liabilities, claims, obligations, costs, expenses (including without limitation, reasonable attorneys’ fees), arising before or after completion of Services, which result from, arise in connection with or are related in any way to claims by third parties arising out of or in connection with :
Policies
All “Associates” should read and follow our company policies. If they have any questions, they should ask their managers or Human Resources (HR) department.
Restriction in Internal Transfer
All “Associates” should read and follow our company policies. If they have any questions, they should ask their managers or Human Resources (HR) department.
Disciplinary actions
Our company may have to take disciplinary action against “Associates” who repeatedly or internationally fail to follow our code of conduct.
Disciplinary consequences include:
We may take legal action in cases of corruption, theft, embezzlement or other unlawful behavior.
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