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BUSINESS
POLICY DOCUMENT
Effective as of 1st May 2005
A.
DEFENITIONS
In this Document
unless otherwise specified :-
"Company" is M/s. SEVAK HEALTH CARE
SERVICES PRIVATE LIMITED.
"Distributor" is the business associate
of SEVAK HEALTH CARE SERVICES PRIVATE
LIMITED.
"Up Line" is an existing Distributor who
has sponsored the business to a new
applicant.
"Down Line" is the person newly
sponsored by an existing distributor.
"Genealogy" is the line of sponsorship
including the distributor, his up line
and down line distributors.
"Business Plan" is the Business Plan introduced by
the Company.
"Product" refers to all the products
that are marketed by the Company.
"Policy" is the Business Policy Document
B.
DISTRIBUTOR
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Companies or
Firms ( proprietorship or
partnership/ registered or
unregistered) can apply. Ownership
of such Companies/Firms should be
vested with Indian citizens.
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In case of
Partnerships, the Principal person
should be identified. All
communications will be addressed and
all commissions, bonus, incentives
etc, will made to that person.
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The applicant
should have attained the age of
eighteen years .
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The Applicant
should not be insolvent, convicted
for crime and should be of sound
mind.
Enrollment
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The applicant
should be sponsored by an existing
Distributor. In case the applicant
has approached the Company directly,
the company will suitably allot him
a position under any existing
distributor.
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The Company has
the sole discretion to accept/reject
any application without assigning
any reason.
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The Applicant may
use the facility provided in the web
site of the Company to submit his
application or can submit directly
to the Head Office of the Company
his application in the prescribed
format.
-
Acceptance as a
distributor after scrutiny of the
application will be subject to
receipt of the prescribed
non-refundable package fee at the
Head Office of the Company either by
way of cash remittance or by way of
Demand Draft/Bankers Cheque made
payable at Changanacherry.
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On activation,
the applicant becomes a distributor
of the Company and he will be
allotted a TRACK IDENTIFICATION
NUMBER which is to be mentioned in
all transactions, enquires,
correspondence with the Company.
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A distributor can
sponsor down line distributors only
according to the Business Plan of
the Company.
Renewal
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Period of
enrollment of the Distributor is for
twelve months from the date of
activation.
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The Distributor
will cease to a distributor after
the enrollment period.
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The Distributor
may renew his enrollment for a
further period of 12 months by
paying the prevailing renewal fee
sufficiently in advance of the date
of cessation. The Distributor will
be allowed a grace period of one
month (with late fee) to renew the
enrollment. Failure to renew will
result in automatic termination of
the distributor.
C. RIGHTS AND
RESPONSIBILITIES OF A DISTRIBUTOR.
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Submission of an
application for distributorship
warrants that the applicant has
clearly understood the Policies, the
current Business Plan, the
compensations and the methodology of
the company's business.
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All distributors
can carry on their business on their
own time plan and according to the
Company's Business Plan, promote the
products of the company and sponsor
their down lines and develop their
teams.
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There are no
geographical demarcations set by the
company and therefore any
distributor can conduct his business
in any area within or outside the
country.
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Distributor will
sponsor only such persons who are in
accordance with the directives of
the company issued from time to
time.
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In case of
Distributors who are registered as
Partnership firms, all partners are
equally responsible for conduct of
the Company business and partners
will be equally bound by the
terms/conditions/Policies of this
Policy document.
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The Distributor
is not an employee, agent , legal
representative of the Company, nor
is he in joint venture with the
company and he shall not bind the
company to any debt, obligation,
agreement of any kind. The
Distributor shall, while presenting
the Company's business opportunity
to others, emphasize that it
involves running an independent
business and is not an offer of
employment.
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Any title or
designation conferred on the
Distributor will merely be a
recognition of his business
achievements and shall not in any
way alter his fundamental
relationship with the Company as a
distributor.
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Distributor can
not assign his rights and
responsibilities to any other person
except in accordance with the
guidelines of this Policy.
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The distributors
will be solely responsible for any
expense or debt incurred by him due
to his day to day operations/conduct
of business/training or aid given by
him to other distributors, besides
direct and indirect expenses/loss
incurred due to use
/misuse/inability to properly use
any product/service.
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The distributors
are bound to propagate the Business
Plan of the Company in force with
out variation of any of its
substance as set forth in the
official literature issued by the
company from time to time.
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The Distributor
will be responsible to regularly
check the official website /
literatures published by the Company
for any up gradation /amendments of
the Terms & Conditions of the Policy
/ Business Plan and the company will
neither undertake to send any direct
letter nor use any other medium
other than specified above.
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The Distributor
shall not offer any incentives,
gifts, nor hold out any promise or
offer any other attractions in order
to tempt/induce/instigate any person
to join the business of the Company
other than offered by the Company
and specified in the Company's
official literature.
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The distributor
shall not accept any payment in cash
arising out of sale of Products and
all payments shall be in the form of
Demand Draft/Bankers Cheque drawn
favoring “Sevak Health Care Services
(P) Ltd.” payable at Changanacherry.
The Company will not be responsible
in any manner for cash payments
other than deposited at the Head
Office of the Company.
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The Distributor
is required to indemnify and hold
the Company indemnified against all
claims made by them or by a third
party and any related damages and
expenses arising out of or connected
with conduct of the Distributor or
services rendered by him or any
liability which might arise due to
violation of the Policy.
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The Distributor
shall (with prior permission)
display the Company Logo as designed
by the Company on their personal
stationery. However the Distributor
shall not use the trade mark, patent
or any other intellectual
property/right of the company for
any purpose other than promotion of
the business of the Company.
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All printed
materials / electronic media is the
property of the Company. Distributor
shall not reproduce them with out
the prior written approval from the
Company.
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The Distributor
will receive the sales benefits on
weekly basis through Company cheques.
In case any payout day falls on
holiday the same will be
automatically scheduled for next
working day.
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In the event of
the death the Proprietor / Partner
of the Distributor Company / firm
the nominee / legal heir as per the
Indian Laws may be permitted to take
over the business of the deceased,
subject to overall suitability at
the Company's discretion. Written
application for such substitution
should be made within three months.
In the absence of such claim, the
distributorship will be terminated.
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Sponsor changes,
individual transfers, change of line
of sponsorship/group transfers,
mergers and sale of business of a
distributor will not be permitted
under any circumstance.
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The Distributor
shall comply with all the policies
in existence and that may be
communicated from time to time, in
all his dealings with the Company,
up lines, down lines and customers
and should not engage in any
activity that may bring disrepute to
them and to the Company. He should
keep the Company informed if he gets
involved in any conflict/dispute/
legal matters which may directly or
indirectly involve or affect the
Company.
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The Distributor
will comply all Central, State,
Local & Municipal Laws, Ordinance
Rules & Regulations that are in
existence or will be introduced
henceforth.
D.
TERMINATION/SUSPENSION
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In case of
noncompliance of any of the terms /
conditions of this Policy, the
Company may at its discretion,
terminate the concerned Distributor
or entrust upon him any other
disciplinary action/penalty which
can include suspension/stoppage of
further payment of commission /
incentives etc..
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Company may
terminate the Distributor without
giving prior notice on account of
misconduct which may be defined as
one or more of the following :
- re-registering existing
distributors from other lines of
sponsorship.
- using Company's premises
/venue/network to represent interest
of any other Company / scheme /
product
- poaching or soliciting
distributors in other lines of
sponsorship.
- providing misleading information
about the Company's policies or
products.
- interfering with the work of other
distributors / in the normal conduct
of business.
- working adversely or against the
interest of the Company.
- financial misappropriation.
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A distributor who
is terminated / under suspension he
will not be eligible :-
- to represent himself as a
distributor - to receive any
payments by way of commission
/incentives /bonus etc.
- to attend any Company sponsored
meetings, conferences, events,
training session etc..
- to place orders for company
products
- to sponsor down lines.
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Suspension/termination of any one of
the partners of a distributorship
automatically leads to
suspension/termination of the rest
of the partners.
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Distributors
irrespective of their suspension /
termination, shall indemnify the
Company of all damages suffered by
the Company on account of their
actions.
E. OTHER
POLICIES
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The Company
reserves the right to change/alter
the Business plan and or the
Business policy Document in part or
in full from time to time and such
changes/alternations shall be
binding on all existing and future
distributors of the Company. Such
changes shall be published through
official literatures and shall be
notified on the official web site of
the Company and such
publication/notification shall be
deemed to be received by the
distributor at the time of its
publication. All distributors shall
be bound by such
changes/alternations and shall stay
abreast to such changes/alternations
in its entirety.
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The income
earning by Distributor is not a
precondition but depends upon his
skill, knowledge and effort , which
is no way any agreement or contract.
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In the event that
a provision of this agreement is
held to be invalid or unenforceable,
the enforceable provisions shall be
constructed to be enforceable and
the agreement will remain in full
force to that extent.
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The Company shall
not be liable for any
non-performance of it's obligations
and for any consequences thereof
under this policy due to
circumstances which are beyond it's
control.
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The Company
management shall be final authority
for interpretation of the Company
policies. 6. All disputes are
subject to Kottayam Jurisdiction
only.
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