Page 162 - GSTL_2nd July 2020 _Vol 38_Part 1
P. 162

80                            GST LAW TIMES                      [ Vol. 38
                                                  Nothing contained in this Agreement shall confer upon the Licensee
                                                  any right or interest in Trade Marks, Trade Names, Designs and
                                                  Copyrights which may get registered by the Licensor or presently
                                                  being used by it in respect of any other item other than conduct of
                                                  the Professional Learning Center  such as  printed matter, books,
                                                  publications, magazines, periodicals, computers and parts thereof,
                                                  software of all kinds, audio and video cassettes etc.
                                                  The Goodwill of the Licensor in relation to matters other than Pro-
                                                  fessional Learning activity shall not be affected in any manner by
                                                  this Agreement which is only in relation to Professional Learning.
                                                  --------------------------
                                            4.3  Courses to be marked
                                                  The Licensee will only market and sell such CAREER LAUNCHER
                                                  INDIA LTD. Courses as are covered by this Agreement and no oth-
                                                  er CAREER LAUNCHER INDIA LTD. Course or other Course of
                                                  any kind. The CAREER  LAUNCHER  INDIA  LTD.  courses to be
                                                  marketed by the Licensee covered by this Agreement are specified
                                                  in Annexure I. Any change in Course Names, Fees, or Fee Policy
                                                  will be decided by the Licensor and implemented across the Coun-
                                                  try in respect of all Licensee.
                                                  --------------------------
                                            4.6  Collection of Fees on behalf of the Licensor
                                                  The Licensee will receive and collect all fees including Tuition Fees,
                                                  advances and deposits except the Prospectus Fee on behalf of the
                                                  Licensor and shall deposit such collections whether by Cash, Draft,
                                                  Cheque or any other means into the Licensor’s Bank Account speci-
                                                  fied by the Licensor. The Licensee shall deposit collections received
                                                  on a particular day directly into the Licensor’s Bank Account on
                                                  that very day itself. Collections made after closure of banking hours
                                                  on the said day will be deposited at  commencement  of banking
                                                  hours the following bank working day. The Licensee shall issue re-
                                                  ceipts on behalf of the Licensor in respect of monies received under
                                                  this Agreement. All such payments shall be ‘due to’ and payable to
                                                  the Licensor and not to the Licensee.
                                                  --------------------------
                                            5.6  Recurring Franchise Fees
                                                  The licensee shall be paying recurring franchise fees to the Licensor
                                                  @ 25% of the Net Revenue (net of taxes, applicable now or at any
                                                  time in future) earned from the operations.”
                                            8.2 No Agency
                                                  1.   The parties hereto agree that the Licensee is an independent
                                                      contractor, nothing herein contained shall  constitute the  Li-
                                                      censee an agent, legal representative, partner, subsidiary, joint
                                                      venturer or employee of the Licensor. The Licensee shall have
                                                      no right or power to, and shall not bind or obligate the Licen-
                                                      sor in any way, manner or thing whatsoever, nor represent
                                                      that he has any right to do so.

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