Master Service Agreement

Master Service Agreement

Master Service Agreement

Master Service Agreement (MSA)

Introduction:

This Master Service Agreement (“MSA”) outlines the binding terms between Foodhero Tech Private Limited (“Side Kick”) and the Client. By making a payment, the Client implicitly agrees to the terms and conditions set forth in this agreement, with no need for a physical signature.

Definitions:

  • Workflow: A single automation that Side Kick executes on behalf of the Client.

  • Workflow Data: Data extracted by Side Kick for the Client.

Manner of Operation:

Side Kick is responsible for building and managing Workflows as conceptualized by the Client. Workflow Data gathered by Side Kick belongs to the Client. Side Kick cannot guarantee sales from any Workflow. Both parties will cooperate in good faith to resolve issues related to Workflows.

Publicity:

A Party may use the other Party’s name and logo for communication and publicity with prior written approval.

Commercials:

The monthly fee excludes costs for necessary technologies, which are the Client's responsibility. Payments are due at the start of each month and are non-refundable. Taxes, if applicable, are additional. Side Kick may bill the Client for any technologies it pays for, adding a 20% service fee.

Limitation of Liability:

Each Party is responsible for its duties under this MSA. Liability for any claims arising from this MSA is limited to $5000. Each Party agrees to indemnify, defend, and hold the other harmless from any claims related to the breach of this MSA.

Term and Termination:

The MSA is valid for 12 months, automatically renewing annually. Either Party may terminate the agreement after an initial 3-month period with 15 days' notice. Termination does not entitle the Client to a refund.

Other Understandings:

Communications, including the exchange of executed copies, may be electronic. This MSA does not transfer or license any intellectual property. The agreement is governed by the laws of India and subject to the jurisdiction of Mumbai courts in India.

Acknowledgment on Payment Page:

By proceeding with the first month's payment, you acknowledge and agree to the terms and conditions of the Master Service Agreement.