AGREEMENT
Between
CHAITANYA HEALTH AND WELLNESS Pvt. Ltd.
And
HOTEL KUTUMBA Pvt. Ltd.
This Agreement is prepared and signed on …………….. between HOTEL KUTUMBA (Full name?? and PAN/VAT details??), a private limited company, incorporated under the laws of Nepal, having its registered address at Lalitpur Metropolitan City Ward 10, Bakhundol, Lalitpur, Nepal (hereinafter referred to as “Kutumba”) and CHAITANYA HEALTH AND WELLNESS PVT. LTD. (PAN Details??) a company incorporated and existing under the laws of Nepal and having its principal place of business at Lalitpur Metropolitan City 10, Bakhundol, Lalitpur, Nepal (hereinafter referred to as “Chaitanya”).
WHEREAS:
a. Chaitanya consents to provide discount to the Kutumba on the services provided.
b. Kutumba will provide co-branding support to the Chaitanya by various means of advertising regarding the discount partnership.
THEREFORE, now both the parties agree to the terms and conditions set forth herein below:
ARTICLE I – SCOPE OF WORK
Chaitanya hereby agrees to provide discount to Kutumba under the following terms and conditions:
a. Chaitanya shall provide 66.66% discount on MRP price published at www.chaitanyahealth.com website, all the services provided to Kutumba.
b. Discount won’t be applicable in any Product or Machine which is not considered as Services.
c. Hotel Kutumba should deposit an amount of NPR 1 million in Chaitanya’s account.
d. The offers and discounts will be valid for 1 year from the start date of the contract.
e. All the deposited amount must be used with in a year of the start date of the contract. A conditional extension may be done for 3 months after the expiry of contract on mutual agreement of both parties.
f. Hotel Kutumba shall feature Chaitanya as Wellness Partner in its website as well as in all its printings and published articles.
g. The parties shall coordinate the schedules and reservations to ensure seamless guest experience, however booking reservation shall be performed online (through booking section at www.chaitanyahealth.com) by Hotel Kutumba for their respective clients.
h. The parties are obligated to maintain the confidentiality of the clients by all means possible.
i. Kutumba shall display promotional material provided by Chaitanya from time to time in a noticeable area of Kutumba’s premises.
ARTICLE II – CHAITANYA’S LIABILITY
a. The brochures and flyers of Kutumba should be placed in the front desk of Chaitanya’s premises and should be totally visible and accessible to the clients.
b. Chaitanya shall feature Hotel Kutumba as the Hospitality Partner in their website.
ARTICLE III – BENEFITS OF THE CONTRACT
a. Clients referred by Chaitanya will receive a ………% discount on their accommodations and …….. % on restaurant, bar services, meetings, wedding and other events at Hotel Kutumba.
b. Staff of Chaitanya will receive a ……..% discount on all the services provided by Hotel Kutumba.
c. Employees of Kutumba will be provided 50% discount on all Chaitanya’s services from Monday to Thursday (Weekdays) and 40% discount on Friday, Saturday and Sunday (Weekend)
ARTICLE IV - RETURN OF DOUCMENTS, PAPERS, AMOUNTS, PROPERTIES, LETTERS OF CHAITANYA ON TERMINATION
ln the event of expiry or termination of this agreement by either party for any reason whatsoever, Kutumba shall forthwith return to Chaitanya, all documents, papers, properties of Chaitanya that belongs to Chaitanya. Kutumba shall be responsible or liable for any loss or damages to such properties.
ARTICLE V- CONTACT PERSON
Contact person(s) for the parties of the agreement shall be as follows:
For Chaitanya:
Mr/Ms. Mr/Ms.
Title: Title:
Address: Address:
Contact Number: Contact Number:
For Kutumba:
Mr/Ms Mr/Ms.
Title: Title:
Department/ Section: Department/ Section:
Address: Address:
Contact Number: Contact Number:
ARTICLE VI- SETTLEMENT OF DISPUTE
ln case any dispute arising out between the parties to this contract, it shall be settled amicably between both the parties, and no third parties shall be involved. ln case of failing to settle the dispute amicably between the parties, such dispute may be settled through the process of Arbitration in the manner as prescribed in the Arbitration Act, Nepal 1998 (2055), or, as per the process of normal court proceedings as per prevailing Law of Nepal.
ARTICLE VII - TERMINATION
Both parties can’t terminate this agreement for 6 months under any circumstances whatsoever. After completion of 6 months, either party may terminate this Agreement by giving a two month's written notice in advance to another party.
Case I:
If Kutumba wants to terminate the contract before completion of 6 months from the contract start date, Chaitanya would only be liable to pay NRs 500,000/- (half of initial deposit) to Kutumba, however Kutumba will receive coupons or gift vouchers worth NRs. (
where x = number of months both parties were bound with this agreement.
Case II:
If Kutumba wants to terminate the contract after completion of (6+y) months from the contract start date, Chaitanya would be liable to pay NRs.
Note: This is to clear that for every month’s completion NRs. 83,333.33/- i.e., will be used up if Kutumba wishes to end the contract.
ARTICLE VII- CONTINGENCY PLAN
Chaitanya shall have a viable contingency plan to provide uninterrupted service to Kutumba.
ARTICLE IX - CONFIDENTIALITY
Kutumba, its employees and staffs shall maintain strict confidentiality in respect of any information relating to Chaitanya, which may be known to them or, which they may come across in course of providing the services under this agreement or otherwise and that such confidentiality shall be maintained even after the expiry or termination of this agreement.
ARTICLE X - 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, E-mail, courier, cable or fax to the party to which it is required to be given or made at such party's address or at such other address as either party may specify & communicate to other party in writing.
ARTICLE XI- AMENDMENT OF AGREEMENT
This Agreement may be amended by mutual agreement in writing between Chaitanya and Kutumba.
ARTICLE XII- PERIOD OF PERFORMANCE AND RENEWAL
This Agreement shall come into effect from the date of signing and shall continue to be in force until 1st Feb. 2025.
The Agreement may be renewed for an additional period at the option of Chaitanya upon reviewing the satisfactory performance of the agreement during the period of performance.
lN WITNESS WHEREOF, duly authorized representatives of both the parties, verification of which has been waived hereby, have signed and executed this agreement on the date mentioned hereinabove in the presence of the witnesses appearing hereunder at the Chaitanya.
On behalf of Chaitanya On behalf of Kutumba
Mr/Mrs Mr/Ms.
Title: Title:
Witness: Witness:
Mr/Mrs. Mr/Ms.
Title: Title: