This agreement will govern the relationship between the 'Shopper', and Brand and Spy a Mumbai based Company, hereinafter referred to as B&S.
B&S is engaged in the business of providing customer insight programs to its clients, by means of, but not limited to, mystery shopper reports and audits, using varying methods such as on site visits, telecommunication, web-based and intercept interviews (hereinafter referred to as 'Assignments'). The said resulting reports are provided to our clients for the purpose of determining operational successes and opportunities in areas such as service, sales, product presentation, facility maintenance, and other specifics of the clients' operations and personnel.
B&S is looking for individuals to undertake such Assignments and The Shopper agrees to the following terms and conditions in accepting Assignments from B&S:
RELATIONSHIP: The Shopper understands that B&S is an independent contractor and the Shopper is responsible for her/his own liability and workman's compensation, insurance and any other dues as applicable, and holds B&S harmless for any default, during the term of the relationship. It is agreed and accepted that there is NO employer-employee relationship between the Shopper and B&S.
ASSIGNMENTS: Assignments are scheduled by varying means as needed and on a rotating basis. The Shopper may choose to accept or reject any proposed Assignment. The Shopper agrees and understands that B&S shall have the sole right, option and choice to accept the Shoppers offer to undertake the Assignment and the Shopper shall be bound by the decision of B&S. It is further clarified that the Shopper shall not be currently employed by any business/company which is related to the Assignment. In addition, the Shopper confirms that the Shopper has not been in employment during the past year at any business/company relating to the Assignment. The Shopper agrees and undertakes that the Shopper will not apply for any assignments associated with the Shoppers current or former employer and agrees and confirms that doing so will be in direct conflict with this agreement.
COMPENSATION: Cheques for mystery shopping conducted in the month will be disbursed only after receiving a complete audit report, data, and all such documents as may be required within one days of the Assignment being completed. A bill for the service rendered and the bill for Spend Amount (Spend Amount for the purpose of this Agreement is defined as the amount of money the Shopper may be allowed to spend for the purpose of the Assignment being expenses on purchase of goods, services, and / or other expenses related specifically for the purpose of the Assignment and as allowed / permitted by the quality coordinator, who will coordinate with the Shopper for the Assignment) for the Assignment undertaken must be sent within 4 working days and on completion of the Assignment. B&S shall pay the same within the agreed payment terms based on assignment. The payment shall be subject to any adjustments / deductions as a result of late, incomplete, or inaccurate reports or if instructional guidelines are not met and shall be at the sole discretion of B&S and the Shoppers shall be bound by the decision of B&S. - It is further clarified that any expenses beyond that amount allowed / permitted by the quality coordinator, will not be reimbursed. It is understood that upon discontinuation / termination of this Agreement from the position of Agent, that any and all materials SHCPL provided will be returned upon demand. Any compensation due and payable to the Agent may be withheld until all said material is received. All statutory taxes will be deducted from payments made but no deductions will be made from reimbursements for each mystery shopping exercise conducted and the agreed spend amount.
The Shopper, hereby AGREES, PROMISES and UNDERTAKES to:
- Keep confidential all findings regarding B&S or B&S clients, either verbally or in writing. The reports, findings, documents etc., are for the EXCLUSIVE use and knowledge of B&S clients. The Shopper, acknowledges that any disclosure to third parties without B&S's explicit and prior written consent may warrant legal action;
- Not disclose the names and/or locations of B&S clients; NEVER directly or indirectly contact a B&S client at any level including unit management or personnel regarding the assignment; results of said assignments; or for ANY reason related to services and relationship with B&S;
- Never to use any B&S materials for purposes other than the mutually agreed-upon Assignment. All forms & training material are copyright protected and remain the exclusive property of B&S and/or its clients and B&S shall be entitled to take such action against the Shopper as may be deemed fit by B&S in case any contravention;
- For a term of one year after discontinuation of services by B&S, the Shopper agrees NOT to enter any service evaluation business, either directly or indirectly.
This agreement falls under the jurisdiction of the Mumbai courts.
UNDERTAKING
I, DO UNDERSTAND THAT SIGNING OF THIS AGREEMENT DOES NOT ENTITLE ME TO BECOME A SHOPPER. AUTOMATICALLY. IT IS UNDERSTOOD THAT THE APPOINTMENT IS SUBJECT TO CONFIRMATION BY B&S AND B&S SHALL HAVE THE SOLE RIGHT TO DECIDE THE APPOINTMENT OF THE SHOPPER. ON RECEIPT OF CONFIRMATION I AGREE TO COMPLETE, TRANSMIT AND ACCEPT FOLLOW-UP REQUESTS FOR REPORTS AND RECEIPTS ON ACCEPTED ASSIGNMENTS IN A PROFESSIONAL MANNER.
