User Agreement



 

                                                                                         PURCHASER SERVICES AGREEMENT
 

This purchaser services agreement ("Agreement") is executed on _____________ at Hyderabad by and between:

 

I "_______________________________", holding PAN card "__________________" residing at "______________________________________________________________________" (herein after referred to as the "Purchaser", which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include [its successors and permitted assigns/[his/her] heirs, successors, administrators, executors and permitted assigns, as applicable)], of the FIRST PART;

AND

“PARIHAR ADVISORS LLP.”, is incorporated pursuant to section 12(1) of the Limited Liability Partnership Act 2008, and having its registered office at "502, Jain Sadguru Image's Capital Park, Capital Park Road, VIP Hills, Madhapur, Hyderabad, Telangana - 500081" (hereinafter referred to as "PMSWALA" which expression shall, unless repugnant to the context or meaning thereof, mean and include its successors and assigns), of the SECOND PART;

WHEREAS:

A. "pmswala" operates an online technology platform being www.pmswala.com ("Platform"), and is engaged in the business of providing advisory services in respect of various asset classes after making through due diligence.

B. The Investor has approached the "pmswala" to avail advisory services relating to future investments and thereafter the "pmswala" has informed and made aware about various assets class to invest wherein desired return can be provided.

C. The investor after reviewing various investment proposals portfolios under "pmswala" has decided to enter into this investment agreement with company so to avail advisory services of the company in respect of their investment.

D. In view of the aforesaid and to record the terms discussed between both the parties have decided to enter into this Agreement.

NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS:

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

In this Agreement, the following capitalized words shall have the following meanings:

“Agreement”: Means this Agreement as may be amended from time to time in accordance with its terms.

“Business Day”: Means following

(a) for determining when a notice, consent or other communication is given, a day that is not a Sunday or public holiday in the place to which the notice, consent or other communication is sent.

(b) for any other purpose, a day (other than a Sunday or public holiday) on which banks are open for general banking business in Hyderabad.

“Investment”: Means the amount of money that the investor will be investing in various asset classes as per her suitability and risk.

“Tenure of investment”: Means the period for which the investor shall invest the amount.

1.2 Other Terms

Other terms may be defined elsewhere in the text of this Agreement and, unless otherwise indicated, shall have such meaning throughout this Agreement.

1.3 Interpretation
In this Agreement, unless otherwise specified:

(a) headings, sections, parts and paragraphs are for ease of reference only and do not affect the interpretation of this Agreement.

(b) references to this Agreement or any other document shall be construed as references to this Agreement or that other document as amended, varied, novated, supplemented or replaced from time to time;

(c) references to any recital, clause, paragraph or Annexure are to those contained in this Agreement and the Annexure to this Agreement is an integral part of this Agreement;

(d) reference to any law: (i) shall be deemed to include any bye-laws, licenses, statutory instruments, rules, regulations, orders, notices, directions, consents or permissions made under that law; and (ii) shall be construed as referring to any law which replaces, re-enacts, amends or consolidates such law (with or without modification) at any time;

(e) no term of the Agreement is to be read against a party because the term was first proposed or drafted by that party; and

(f) the words “include” and “including” shall be construed as being by way of illustration or emphasis only and shall not be construed as, nor shall they take effect as, limiting the generality of any preceding words.

2. Investment:

The Investor has assessed the various asset classes after discussion with the Company and thereafter has decided to invest in “pmswala” for the following portfolio:

 

Investment  Details  

Particulars                                                          

Name of the Portfolio

 

Investment Amount

 

Return on Investment

 

Investment Tenure

 

Lock-In Tenure on Investment                         

 

Maturity Date

 

Maturity Amount

 

 

The Investment Amount is made through online transfer which is approved by Reserve Bank of India (RBI) as agreed by both the parties. 

Amounts withdrawn before maturity will be subject to a premature withdrawal deduction of 2% of the investment amount.
 

The investment by the investor shall be made to the following bank account of the Company:

Particulars 

Details                                                                               

Name on the Account                       

PARIHAR ADVISORS LLP

Account Number

000661900005679

IFSC Code

YESB0000006

Branch Name

SOMAJIGUDA, HYDERABAD

3. Investment Purpose and Tenure:

The investment shall be made into various asset classes so to provide maximum return to the investor and at all times the funds invested shall be used for the legitimate purpose only. The tenure of the investment shall be based on Investor selected  portfolio from the date of the receipt of the funds. The Investment Amount shall be utilized by the Company for the following purposes:

(1) To identify areas of investment as per the preference made by the investor and thereafter invest the funds into such areas:

(2) The asset classes which provide security to the investment made and having a good track record of return on the investment.

4. Nature of the Investment:

The investment made by the investor shall be in the form of a debt only on “pmswala” and the investor will be solely responsible for the deployment of the funds into various asset classes. Further, the investor shall not have any right or claim for the investment made to have any equity shares of the Company or any shares in the total ownership in the Company.

5. Terms of the Investment:

(a) Return on Investment: The overall return on the investment made by the investor shall be payable annually. The return shall be paid to the investor at the completion of the investment tenure.

(b) Lock in period of investment: The investment made by the investor shall be locked in for a minimum period of 6 (six) months to 1 (one) year from the date of receipt of the funds depending upon the portfolio and in no case the investor can make an application for premature withdrawal of the investment.

(c) Liquidation Preference: In the event of the liquidation or sale of the Company, the Investor shall be entitled to receive the first proceeds from the liquidation, up to the Investment Amount, before any distributions are made to the holders of common shares.

(c) Voting Rights: The Investor's shall not any have any voting rights as the same is being entitled to the equity holders only.

(d) Conversion of investment into equity rights: The Investment made by the investor shall not be converted into equity shares of the Company.

(e) Premature repayment/closure of the investment by the Company is possible and the same shall be intimated to the investor also accordingly. The return shall be adjusted as per the tenure of the investment made. 

6. Use of Funds:

The Investment Amount of the investor shall be used solely for the purpose as stated under this agreement. 

7. Events of Default:

The occurrence of any one or more of the following events shall be an Event of Default: Payments: -

(i)  When the Company fails to pay (i) when due any amount of the investment to the investor, whether at stated maturity,

(ii)  any return that has been committed on the investment or any fee or any other amount due hereunder after the end of due date; or

8. Fees and Charges of the Company:

The Company in respect of the services its rendering to its clients in the nature of the advisory services and generating promised returns for the investors levies following fees as provided below: 

Expected Returns to the investor (%)                    

Advisory Fees (%).                                       

Returns in the range of 13-15%

2%

Returns in the range of 16-20%

3.5%

Returns in the range of 21-22%

5%

The advisory fees to be levied by the Company shall be on the returns generated for the client in respect of their investment with the Company. The Company does not levy any other fees and charges in respect of their services.

9. General Provisions:

9.1 Variation

No variation of this Agreement shall be binding on any Party unless, and to the extent that such variation is recorded in a written document executed by such Party, but where any such document exists and is so signed such Party shall not allege that such document is not binding by virtue of an absence of consideration.

9.2 Severability

If any provision of this Agreement is invalid, unenforceable or prohibited by law, this Agreement shall be considered divisible as to such provision and such provision, shall be inoperative and shall not be part of the consideration moving from either Party hereto to the other, and the remainder of this Agreement shall be valid, binding and of like effect as though such provision was not included herein.

9.3 Force Majeure

Without prejudice to the provisions of this Agreement, the obligations of any Party under this Agreement shall be suspended while any such Party (the “Affected Party”) is prevented or hindered from complying therewith by any cause beyond the reasonable control of the Affected Party. In such event, the Affected Party shall give written notice of suspension as soon as reasonably possible to the other Parties (for the time being) to this Agreement stating the date and extent of such suspension and the cause and likely duration thereof. If within 48 (forty eight) hours from the receipt of such notice, a Party receiving the notice requests a meeting of the Parties (for the time being) to this Agreement, then such Parties shall forthwith and in any event within 14 (fourteen) Business Days meet and discuss the nature and likely duration of the circumstances and the extent to which performance of the obligations of the Affected Party shall be prevented or hindered and what action may be taken to ameliorate or remedy the position. Such Party shall take all reasonable steps within 30 (thirty) Business Days of the force majeure event unless the Parties agree to an extension of the said period to ameliorate or remedy the position and shall communicate the same to the other Party. Without prejudice to the foregoing generality the Affected Party shall not unreasonably withhold its consent to any action suggested by any of such other Parties. For the purposes of this Section, a Force Majeure event shall include:

(a) acts of God, including without limitation fire, storms, floods, earthquake or lightning;

(b) war, hostilities, terrorist acts, riots, civil commotion or disturbances, change in governmental laws, orders or regulations adversely affecting or preventing due performance by either party of its duties, obligations or responsibilities under this Deed, embargoes, actions by a government, central or state in India or overseas, or any agency thereof, sabotage, explosions;

(c) strikes, lockouts or other concerted industrial action; or

(d) any other acts, occurrences, events or circumstances beyond the reasonable control of the Party affected. 

9.4 Notices

Any notice or other communication to be given by one Party to any other Party under, or in connection with, this Agreement shall be made in writing and signed by or on behalf of the Party giving it. It shall be served by letter or facsimile transmission (save as otherwise provided herein) and shall be deemed to be duly given or made when delivered (in the case of personal delivery), at the time of transmission (in the case of facsimile transmission, provided that the sender has received a receipt indicating proper transmission and a hard copy of such notice or communication is forthwith sent by prepaid post to the relevant address set out below) or three days after being dispatched in the post, postage prepaid, by the most efficient form of mail available and by registered mail if available (in the case of a letter) to such party at its address or facsimile number specified below, or at such other address or facsimile number as such Party may hereafter specify for such purpose to the other Parties hereto by notice in writing.

9.5 Governing Law and Dispute Resolution

This Agreement shall be governed by laws of India and the courts at Hyderabad shall have exclusive jurisdiction relating to any matter/issue under or pursuant to the Agreement. Notwithstanding anything to the contrary,

(a) if any dispute/disagreement/differences (“Dispute”) arise between two or more Parties during the subsistence of this Agreement and/or thereafter, in connection with, inter alia, the validity, interpretation, implementation and/or alleged breach of any provision of this Agreement, jurisdiction or existence/appointment of the arbitrator or of any nature whatsoever, then, the Dispute shall be referred to a sole arbitrator who shall be appointed by the Lender only.

It is expressly agreed that in any circumstance, the appointment of the sole arbitrator as aforesaid shall be and shall always deemed to be the sole means for securing the appointment/nomination of the sole arbitrator, without recourse to any other alternative mode of appointment of the sole arbitrator. The place of the arbitration shall be at Hyderabad and the arbitration proceedings shall be governed by the Arbitration & Conciliation Act, 1996 (or any statutory re-enactment thereof, for the time being in force) and shall be in the English language. The award shall be binding on the Parties subject to the applicable laws in force and the award shall be enforceable in any competent court of law.

IN WITNESS WHEREOF the both the parties has executed this Agreement and a duplicate hereof on the day, month and year first hereinabove written. 

For COMPANY                                              

For  INVESTOR                                             

 

 

 

 

 

(Authorized Signatory)

 

 

 

 

 

(Investor Signature)

Company Name: PARIHAR ADVISORS LLP       

Investor Name: 

Designation: Director

Designation: Investor

Date: 

Date: