1. Non-Disclosure Agreement (NDA) for Clients: The Expert acknowledges that, in the course of providing services on the Skillwise Solutions platform, they may have access to confidential information about clients. The Expert agrees not to disclose, use, or exploit any such confidential information for their benefit or the benefit of others. The confidentiality obligations shall continue even after the termination of the Expert's association with Skillwise Solutions.
2. Incorrect Profile Information: The Expert is responsible for providing accurate and up-to-date profile information. Skillwise Solutions reserves the right to suspend or terminate the Expert's account if inaccurate or misleading information is provided. The Expert shall promptly update any changes to their profile information to ensure accuracy.
3. Expert Ratings: Users of the Skillwise Solutions platform may provide ratings and feedback on the Expert's performance. Skillwise Solutions reserves the right to display these ratings on the platform. The Expert acknowledges that these ratings may impact their visibility and engagement on the platform.
4. Intellectual Property: Course, workshop, live session content, and any other supportive material in any format or form are deemed as 100% the property of Happy Window Skill Services Private Limited. The Expert shall have no authority over the said content.
5. Marketing:
(a) Trainer Branding Activities: The decision to carry out "extra" branding activities solely lies
with Happy Window Skill Services Private Limited.
(b) Offline Courses & Workshops: The cost of marketing for offline & online courses will be
included before the calculation of P&L.
(c) Ownership of Marketing Content: The marketing content is owned wholly by Happy
Window Skill Services Private Limited and cannot be used by the Expert for tasks other than
driving traffic to the Skillwise Solutions Website.
6. Damage to Equipment During Offline Sessions: In the event of damage to equipment used during offline sessions hosted by Skillwise Solutions, the Expert is responsible for the repair or replacement costs associated with the damaged equipment. Skillwise Solutions will provide details of the damaged equipment and associated costs, and the Expert agrees to settle such costs within a reasonable timeframe.
7. Complaints from Clients: The Expert acknowledges that Skillwise Solutions may receive complaints from clients regarding the Expert's services. Skillwise Solutions reserves the right to investigate such complaints and take appropriate action, which may include, but is not limited to, issuing warnings, suspending, or terminating the Expert's account on the platform.
8. Data Ownership:
(a) Skillwise Solutions owns entirely the database of learners and businesses on the platform.
(b) Skillwise Solutions owns entirely personally identifiable data of users collected on the
platform.
(c) Skillwise Solutions owns entirely data generated from marketing activities, whether
conducted by third parties or first parties.
(d) Skillwise Solutions owns entirely data generated from referrals and affiliates associated
with the platform.
9. Revenue Sharing:
(a) Pre-recorded Courses & Workshops: Skillwise Solutions will share 80% of the revenue
generated from sales of pre-recorded courses with the Expert after deducting applicable
government taxes.
(b) Live Online Courses: 80% of the revenue generated from sales of Live online courses will
be shared with the Expert after deducting applicable government taxes.
(c) Live Offline Courses: 65% of the "After-tax Profits" generated from the sales of Live Offline
Courses will be shared with the Expert.
(d) Live Online Workshops: 80% of the revenue generated from sales of Live online
workshops will be shared with the Expert after deducting applicable government taxes.
(e) Live Offline Workshops: 65% of the "After-tax Profits" generated from the sales of Live
Offline Workshops will be shared with the Expert.
(f) Consultation: 80% of the revenue generated from sales of "Consulting Services" by the
Expert will be shared with the Expert after deducting applicable government taxes.
(g) Mentorship: 80% of the revenue generated from sales of "Mentorship Services" by the
Expert will be shared with the Expert after deducting applicable government taxes.
(h) Projects: 80% of the revenue generated from projects by the Expert will be shared with the
Expert after deducting applicable government taxes.
10. Reimbursements:
(a) Revenues generated from workshops & courses will be computed and disbursed within
the 10th of every month.
(b) Revenues generated from Consulting & Mentorship will be computed and disbursed within
the 10th of every month.
(c) Revenues generated from Projects will be computed and disbursed as per the project
deal.
11. Negative Publicity: The Expert agrees not to engage in any form of negative publicity, including but not limited to, public statements, social media posts, or any communication that may harm the reputation of Skillwise Solutions or Happy Window Skill Services Private Limited. Violation of this clause may result in the termination of the Expert's association with Skillwise Solutions.
12. Financial Damages to Clients: In the event of financial damages to the clients of Skillwise Solutions resulting from fraud or misinformation involving the Expert, the Expert agrees to cooperate fully in any investigation conducted by Skillwise Solutions. Skillwise Solutions reserves the right to take appropriate legal action, including but not limited to restitution, and may terminate the Expert's account on the platform.
13. Dispute Resolution: Any legal disputes arising from or in connection with this Agreement shall be handled exclusively in the courts of Mumbai, Maharashtra, India. The cost of legal support will be borne by the Expert.