Business Associate Service Co-operation Agreement.
Today the 07TH day of July 2024 the following First and Second Parties entered into this
agreement.
I, Md Sharif Hossain, Passport number B00137952, National ID No 5961536306
Managing Director and Authorized signatory of (DBS World Employment), which is a
Private Limited company having registered office address at (H-87,JAHAN BHABAN(1 ST
FLOOR,BIR UTTAM ZIAUR RAHMAN ROAD,BANANI C/A,DHAKA-1213) and
Company PAN (Nr.), with CIN (Nr.) GSTIN: and PoI/RA License Nr RL-1725 further
called as First Party of this agreement.
ATTNIC Tertiary solutions Pvt. Ltd (ATS Ltd) is Private Limited Company registered
under MoCAas per the companies Act 2013 with CIN: U74994KL2020PTC062833,
PAN: AATCA6647H, GSTIN: 32AATCA6647H1ZD with the registered Trade MarkCIPE,
as per the Trade Marks Act 1999, having registered office at TC-25/637,Menathottam
Chambers4th Floor, Opp. Royal Hotel, M G Road Pattom, Trivandrum- 695004, Kerala,
INDIA further called as the Second Party of this agreement
The First Party and its Guarantors Agreed to the Second Party and Its Management As
under:
That the First Party and its Guarantors have received and duly accepted the available
Job description, Job Demand, and employer details. i.e. all academic and other
documents from class 10th onwards, CV, passport, Work experience letters, and
Professional / Trade certificates of prospective candidates will be submitted to the
Second Party office for the further application process.
First Party Second Party
That the First Party and its Guarantors have read, discussed, and understood all the
terms and conditions of Relevant Documents Facilitation provided by CIPE, and service
conditions carefully and acknowledge the same as below in advance.
1. That the First Party and its Guarantors have accepted Full invoice estimation and the
terms and conditions of payments and Payment stages ( Payment Structure) which the
First Party is to be paid as Registration/Legal Fee/DFS Fee/Documentation Fee
/professional charges/ Govt. Fee/ Taxes/Courier Fee to The Second Party, and the First
Party and its Guarantors understand that these charges are non-refundable in lieu of
services rendered to the First Party like Work Permit, Employment papers/ forms & all
types of Documentation, Process/ Procedures fee and payments, etc. No payment will
be invoiced without GST and any Govt Charges and Taxes that the Govt. (s) may
introduce in the future.
2. That the First Party and its Guarantors are well aware of the Job nature, company
and job locations, climate, cultural and socio-economic, and communicative language
requirement conditions that are prevailing in that Country or province or territory and
agreeing on this the First Party Finally decided to provide candidate applications for the
employment document application and facilitation services from a particular Country or
Province or territory with the help of Second Party (service provider CIPE-ATS.)
3. That the First Party and its Guarantors have to verify candidates ‘Passport details,
Job details, Biographic Details residential address, and other details mentioned in the
original and supporting documents submitted to the Second Party office (as Soft Copy,
Hard Copy, Email) and in Second Party facilitating offer letter, and in the supporting
documents. If any discrepancy in such details is to be noted, it must be reported to the
Second Party (Office, Management, and Staff) within 14 days from the date the
documents are initially submitted to the Second Party, and in the documents provided to
the First Party (as Soft Copy, Hard Copy, Email) from the Second Party Office. That the
First Party and its Guarantors jointly take complete information about the Permit type,
employee rights, chosen Job Category, Job responsibilities, and its contents in detail.
4. That the First Party and its Guarantors agree to pay the amounts at regular intervals
and stages of payment as per the payment structure provided by the Second Party to
the First Party, and also post-approval amounts (If any agreed) altogether, according to
the success of travel Permit/embassy approval in INR/Dollars/Pounds/EURO before the
invoice due dates and grace period for payments approved by the Second Party without
fail.
5. That the stage 1 payments must be made before the start of the DFS process, hence
from the 2nd stage to the last stage of the DFS process agreed, a payment guarantee
must be given in advance by the First Party to the Second party to ensure fair execution
of the DFS process steps further, by providing 2 post-dated payment security cheque(s).
6. That the First Party and its Guarantors and staff are aware, that the Employer and the
DFS service provider can revoke the offer letters/ Invitations/ supporting documents and
cancel the further list of candidates’ documents, if That the First Party and its
Guarantors fail to pay the due amount, at any time without any further information to the
first Party. That the First Party and its Guarantors are aware that the balance amounts
(If any) deposit is mandatory before the travel to the Job location/ start date mentioned
in the approvals. The First Party declares that the Second Party and its Management
and Staff have only helped the First Party in procuring this offer letter and assisted the
First Party in completing the Travel Permit procedures, and with regards to this The
Second Party has no liability towards any other expenditure incurred in this regard,
whatsoever.
8. That the First Party and its Guarantors will not force The Second Party/ Its
Management/ Staff to claim any refund on the Candidates’ behalf. That the First Party
and its Guarantors also understand that the refund will be paid by the service provider
as per their terms and conditions mentioned in the invoices and process estimation and
Payment Structure and annexures provided by the Second Party.
9. That the First Party and its Guarantors are aware and agree to bear any extra fee (by
the First Party or By the Candidates’) if required to pay for the First Party candidates’
travel, living costs, medical tests associated with the documentation/travel purposes,
and other requirements before or after the embassy approval is granted.
10. That the First Party and its Guarantors and Staff have received complete
information about the Job content and the Company in handwritten/printed/Softcopy
format and fully agreed and accepted. The first Party/its management/staff must keep
the confidentiality of the business matters, such as revenue details/policies and
business agendas /formats/ Project details/ commercials/ business agreement matters
to any third parties, during and after post-termination of the association.
11. That the First Party and its Guarantors and Staff acknowledge that the assigned
Customer relationship officer at The Second Party office, has made the First Party
understand all the procedures, terms, and conditions mentioned in the counseling sheet
given to the First Party and its Staff.
12. That it is solely the responsibility of the First Party to make sure, neither of their
applicants’,(including Parents, family, friends, references, middlemen, mediators any
others)nor the First Party, its Guarantors/ Staff/ Associates/ Proxies/any others; contact/
communicate/visit (via Email, Phone, WhatsApp, Call, social media, by any other
means) the prospective employer and the user employer office/ Liaison team /their
staff/any levels of management, for the business,and any sorts of formal or informal
relationship, or for any kind of personal and Business advantages or for any reason not
listed here whatsoever; before/during/after the process. Such attempts should strictly
not be entertained. It must be considered as a breach of trust/breach of agreement and
against the business ethics and the violation of terms agreed upon and accepted for
association, and it will have resulted in the cancellation of the document facilitation
services and related processes of the earlier/ongoing/later given /submitted lists of
applications without any prior notification to the First Party or any of the beneficiaries of
the service, in such instances no refund policies or consideration will be applicable on
any of the earlier/on-going/later given /submitted lists of applications. Also, hefty
compensation will be demanded by the Second Party and its management through the
litigation process.
13. That all sorts of disputes are to be first discussed directly with First Party and
Second Party for an amicable solution on the matter, for which a prior written
communication must be given by and to both the Parties from each Party end. If any
disputes arise and the solution cannot be found after three direct meetings and two
direct meetings with trustful mediators, then the litigation and legal proceedings can be
submitted in the concerned court, in the Trivandrum City Jurisdiction only.
14. That it is the duty of the First Party, none of the first party’s business
associates/candidates (including Parents, family, friends, references, middlemen,
mediators any others) contact/communicate/ visit the Second Party office. The First
Party/its management/ staff are the only point of contact with the Second Party/its
management/Staff with regards to the
Enquiries/Reports/Clarification/Follow-ups/Guidance/Product Knowledge/Staff- Training.
15. That the Second Party/ its management/Staff neither entitled the First Party to use
the Second party business registration/Licenses/Business Branding/ Websites/emails/
Contact Numbers/Business Cards/Logos/Stamps/Signs/offices/Managers and Staff
names; nor given any franchise rights / Geographical and Jurisdictional Business rights/
Business Partnerships/Company shares/Bank Accounts/Cheques to the First Party to
use it for the activities of this or any of their business (es). The First Party is not
authorized to use the Second Party's Business accounts for invoice payment collection
(Directly from the First Party’s applicants and business associates) and commissions,
and the Second Party will not be responsible and held liable for any of such
attempts.
16. Considering the current and future pandemic situation across the globe, That the
First Party and its Guarantors agree that in case after depositing the required amounts
as per job offer and related costs, if there is any change in rules and regulations of
National and International Travel for instance: The deferment
Industry/Countries/Organizations/Legal bodies/International Bodies, of Visa / Visa
appointment procedures, Cancellation of International Travel by the deciding authority,
Immigration Policies, Unfavorable bilateral decisions/ Unfavorable International
Relations and Treaties or any other changes whatsoever not listed here, The Second
Party will not be responsible for these situations under any circumstances.
17. Further, any change concerning employment international policies that may be
levied on a time-to-time basis by the destined country due to current COVID-19 and
future pandemics, natural calamities, or under any situation, That the First Party and its
Guarantors will abide by it and The Second Party as a company or any individual
serving within the Second Party organization or Client or Vendor individual or
organization will not be liable for the same.
18. That the First Party and its Guarantors and Staff are aware that their candidates
must always abide by the prospective employer/employment / HR policies, even during
and after the First Party candidates have performed the assigned/ particular/ and related
jobs in the workplace.
19. That The First Party should make sure their candidates report their results of the
application submission in the embassies/Consulate/ VFS office and mail the Second
Party all necessary proof of the acceptance and refusal of the application, after the
report of this stage, The Second Party must start the further procedures to prepare an
appeal application for the refused application and report the employer of the approved
applications, following which embassy approved candidates ‘further proceedings for the
joining of the embassy approved candidates with the assigned workforce of the
prospective employer.
20. That once a candidate file is submitted to the Second party office, and if the
application already initiated or confirmation has been received by the concerned foreign
office, then the First party cannot replace such files with another, but it is only
replaceable before the application initiated from the concerned foreign office.
21. That it is the duty of the First Party, to outline/prepare a risk free payment structure
plan from its customers and sub agents, In any circumstances, the candidate/sub-
agents knowingly or unknowingly defaults/ delays any stages of payments to the First
Party, that reason whatsoever cannot be considered as a reason for not to pay to the
Second Party, in such cases it is the responsibility of the First Party to ensure the
payments against the invoices issued by the Second Party, and keep the Second Party
out of financial risk or future bad debts accumulation.
22. That the First Party agrees to the Second Party, whenever any sort
information/reports are required for the process stages (before/during/after), the First
Party must provide the required details such candidate details/ embassy submission
details/ Embassy/ Appointment details application reference numbers/ any supporting
proofs/ Embassy approvals & Embassy refusal details with proofs to the Second Party.
23. That any details such as; Name/ Travel Document Nr. /Nationality (Candidate’s) is
wrongly mentioned in the documents provided by the Second Party, then it will be
compensated by the Second Party by providing rectified documents from the concerned
foreign office. That, in case the relevant document generation longed for more than 6
months, the Second party compensates for the situation (based on formal requests
placed by the First Party management) by replacing the files with new ones/refund is
initiated for the particular files /converting the particular files to a new program available
with the Second Party.
24. That the First Party and its Guarantors and Staff are aware and agree that this
agreement is executed between both the parties for 5 years initially. This agreement
can be renewed for further years following a business discussion if necessary. The
parties can initiate the termination of this agreement with a notice for intimation to the
opposite party, 3 months in advance, during this time both parties must clear the
pending payments/ defaulted /credit/refunds along with the commitments in all areas of
this subjected business cooperation. Only after the amicable execution of them, the
agreement will be treated as an officially terminated one.
25. That the First Party must, inform the Second Party about all changes happening in
their business environment, such as ownership/ Partners/Authorized
signatories/business names/ contact numbers/ Office address/Trade
Marks/Communication details/ environment, / / Business accounts/Person of in-charge,
who is responsible point of contact for this business cooperation.
26. That the First Party and its Guarantors/Management/Staff are well aware and agree
that, their team must contribute the committed number of files (month-wise/year-wise)
for each category without fail, which will be reviewed by the second party team
periodically. Keeping up the number of file commitments is mandatory, to keep up the
best pricing offers from the second party office. Yearly committed numbers of file can be
distributed equally monthly to achieve the targets and deadlines in each category.
27. That the first party and its Guarantors and staff are aware and agree that,the
Second Party and Its Management/Staff did not commit any post landing services or
assistance except the Document Facilitation services and Application Submission
Procedures guidance, Further the Second Party shall not be held liable in case any
dispute arises due to this.
28. That in case of any misrepresentation or fraudulent documents submitted by the
First Party and its Guarantors/their staff to The Second Party (as Softcopies, Hard
Copies, Email) at the time of Starting of the Procedure, filling forms, and while
application submission, Then the First Party and its Guarantors will be solely
responsible for the consequences. Further the Second Party /its Management/ Staff
shall not be held liable in case any dispute arises due to this.
29. That the First Party and its Guarantors jointly understand and agree on the
following.
(1) The Second Party is neither a recruiting agent nor a foreign entity associate or none
of their middleman. The Second Party (CIPE- ATS.) functions as an independent liaison
service provider of required Document Facilitation (DFS) and related advising and
guidance.
(2). any updated Tax amounts and Govt. charges will apply to the customer.
(3). If the client company has GST registration, TDS on the GST paid along with service
costs can be claimed while filing.
(4). only payments agreed to be refunded on this estimate will be returned to the client.
(5). Deadlines for issuing documents from relevant foreign country authorities may be
extended due to the application traffic and provincial office procedure applicable. It is
always considered normal in the procedure.
(6). CIPE cannot force concerned foreign entities or related Govt. offices to shorten the
turnaround time for any documents.
(7). CIPE Does not guarantee any type of Embassy documentation, Visa appointments,
and Visa approvals, but provides guidance and support if the same is needed from the
Client side
30. That the First Party and its Guarantors clearly understand
CIPE doesn't charge any money for the job or placement. But support the clients by
doing an offer search with employers in the EU who have a valid JD and authorized
company formation as per the relevant laws applicable by the Govt. Authorities in the
countries where they are located and function. CIPE provides client documents to
employers, and they shortlist and select them and start the application procedure for
those clients. Usually, the available positions are in the Blue-Collar Category. CIPE
charges only for the Guidance and document assistance service provided to Clients
outside the European Union by providing them Professional Services for the work
permit procedure. CIPE services are free if the candidates’ have a European Union
Permanent residence permit or EU Passport. People who don't fall under the above-
mentioned category need to pay for the support and services requested from CIPE.
Deponent That the First Party and its Guarantors/management/staff are well aware and
agree that their team must contribute the committed number of files (month-wise/intake-
wise/year-wise) for each category without fail, which will be reviewed by the Second
Party team periodically. Keeping up the number of file commitments is mandatory, to
keep up the best pricing offers from the Second Party office. Yearly committed numbers
of files can be distributed equally monthly to achieve the targets and deadlines in each
category
The First Party/ Guarantor(s)
National ID nr:
REFUND POLICIES
A. ON PROCESS CANCELLATION and APPLICATION REFUSAL
In the event of Process Cancellation and Embassy refusal, The First Party and its
Guarantors should submit a request to cancel the application process with proper
reason and evidence, to the Second Party office. The First Party and its Guarantors
have accepted and agreed to all the terms and conditions of refund mentioned in the
payment structure/ Invoice (ANNEXURE A & ANNEXURE B)
which is accepted and agreed by both First and Second Parties and their management,
also the eligible refund amounts only be applicable as per the Invoice or Payment
structure agreed. The First Party and its Guarantors agree and accept that The First
Party should not have any other amount refund claim from The Second Party. Once the
applicable refund details have been documented and processed, the draft of the same
will be sent to the First Party office prepared on stamp paper then notarized and
returned to the Second Party office for further Process. The Refund will be credited to
the First Party business bank account available to the Second Party in 20 working Days.
The First Party/ Guarantor(s)
National ID nr. Deponent
Refund Amounts only Accepted As per the Invoice(s)/ Payment structure(s) agreed
(ANNEXURE A) and ANNEXURE B issued by the Second Party and accepted by the
First Party
B. REFUND PARTICULAR(S) HEADS
A. From the Employment-related application process.
(1 Euro conversion rate to INR will be considered as per the cancelation request date)
B. From (If any), Embassy Documentation process rendered and refund conditions
agreed by the Second Party.
Note*-- If multiple services are agreed for more than one country; in such cases more
than one ANNEXURE A (s) and ANNEXURE B (s) 2will be issued to the First Party.
C. EXPANSIONS
ANNEXURE A – Quotation Invoice /Payment Estimation (Country-wise)
ANNEXURE B – Payment Structure (Country-wise)
ANNEXURE C -- will contains the Business accounts of both the First Party and the
Second Party.
DFS -- Document Facilitation Service(s)
Note*-- 1. All Annexures will be amended/added as part of this Agreement. Signed
Annexures are the core and vital part of this agreement.
2. Payment Estimations will be prepared as a sample of calculation for 1 unit or 1
headcount
Verification: - That the First Party and its Guarantors verify that all of the above clauses
are agreed with their correct knowledge and belief and with a sound mind. That the First
Party and its Guarantors shall agree with the Second Party (CIPE-ATS Ltd) in the future
also. That the First Party and its Guarantors have understood this language and
accepted all the terms and conditions of this affidavit. That the First Party and its
Guarantors have understood it in our regional language. (That the First Party and its
Guarantors have narrated all the conditions to their Candidates and their families) and
signed this affidavit with full consent, without any pressure.
Deponent
The First Party/ Guarantor(s)
National IDnr:
DATE : PLACE :
The First Party &Guarantors The Second Party
1. Name: Name:
Designation: Managing Director Designation: Director of Corporate Affairs
Signature Signature:
ANNEXTURE A ILLUSTRATION
The First Party
Particulars Tax Total
ANNEXTURE B ILLUSTRATION
First Party Second Party
Particulars Tax Total
ANNEXTURE C ILLUSTRATION
The FIRST PARTY
A/C NAME DBS WORLD EMPLOYMENT
BANK NAME ISLAMI BANK BANGLADESH
IFSC/ SWIFT CODE IBBLBDDH191
CURRENCY BDT
ACCOUNT NR. 2050 19101 003497 02
The SECOND PARTY
A/C NAME
BANK NAME
IFSC/ SWIFT CODE
CURRENCY
ACCOUNT NR.
COMMITED NUMBER OF FILES
START DATE:
COUNTRIES MONTHLY QUARTERLY YEARLY
POLAND
HUNGARY
CZECH REPUBLIC
GERMANY
LATVIA
The First Party/ Guarantor(s)
National IDnr:
DATE : DD/MM/YYYY PLACE :
The First Party &Guarantors The Second Party
1. Name: 1. Name:
Designation: Managing Director Designation: Director of Corporate Affairs
Signature: Signature
