This Memorandum of Understanding (MOU) is made by and between:
Cloudmojo Private Limited, a private limited company incorporated under the laws of India operating Cloudmojo.io(hereinafter referred to as the Cloudmojo)
The person (sole proprietor/company/partnership firm/limited liability partnership firm) who is accepting the terms and conditions of this MOU either himself or through a duly authorized signatory and who is legally allowed to do business in India (hereinafter referred to as the “the Clients“)
Cloudmojo and the Clients are hereinafter individually referred to as Party and collectively as the Parties.
1. The Clients is having his own business / Proprietorship Firm / Sole Proprietor / Partnership Firm / Private Limited Company in India.
2. Cloudmojo is involved in the business of providing e-commerce technology, internet Invoicing services, support payment services on the internet, through the e-commerce technology platform.
3. The Clients, in order to focus on managing and increasing their sales and operations, is desirous of using the services of Cloudmojo for Invoicing.
4. The Parties are desirous of recording the terms and conditions of their MOU for the purposes set out above subject to provisions and conditions set forth herein;
NOW THEREFORE, in consideration of the foregoing and the promises contained herein the Parties, hereto agree as follows:
I. Services to be provided by Cloudmojo:
1. Technology services: Cloudmojo offers an end-to-end Support technology platform that will allow the Users to get online support on Cloud, Devops, Linux and Windows services. The technology services also include complimentary use of business tools available on Cloudmojo.io through a specific login to be created by Cloudmojo for the Clients.
II. Obligations of the Clients
III. Representation & Warranties of the Clients
The Clients hereby represents and warrants that:
1. it has the full right, power and authority to enter into this Agreement and perform its obligations hereunder;
2. its execution, delivery and performance of this Agreement, and Cloudmojo exercise of rights under this Agreement, will not conflict with or result in a breach or other violation of any agreement or other third party obligation by which it is bound;
3. it will comply with all applicable Laws in its performance of this Agreement as applicable from time to time.
The Clients agrees to defend and hold and its affiliated and related entities, and any of their shareholders, officers, directors, agents and employees harmless from and indemnified against any claims, lawsuits, penalties and damages arising out of any breach by Clients of this MOU or the representations and warranties contained in this MOU or of any terms and conditions and/or policies of Cloudmojo as available on Cloudmojo.io
Without prejudice to any other remedies BOTH PARTIES shall have the right, at any time, to terminate this MOU forthwith, by giving a notice in writing to the OTHER PARTY.
VI. Governing Law and Jurisdiction
This MOU shall be governed by and construed in accordance with the law of India and the parties hereto submit to the exclusive jurisdiction of the courts at New Delhi, India.
VII. Electronic Execution
This MOU is being executed electronically and each Party recognizes that the same is validly executed under the Information Technology Act, 2000 and shall form a binding agreement between the Parties and no Party shall claim invalidity of this MOU merely on the grounds that this MOU is being executed electronically. For the aforementioned purposes, the Parties hereby agree that this MOU is being concluded and executed at New Delhi.
Clients shall not be entitled to assigns its rights and obligations under this MOU without prior written consent of Cloudmojo.