Commercial Terms GroCurv

  • Introduction
    Upon the acceptance of a Project, in addition to the GroCurv Terms of Use for Service Providers, your company (“You”) agrees to the following terms (hereinafter referred as to the “Business Development (BD) Fee Terms”). These Business Development Fee Terms must therefore be read in conjunction with the Terms of Use, which constitute an integral part thereof. All defined terms have the same meaning as set out in the GroCurv Terms of Use for Service Providers.
  • Business Development Fee
    If You are selected by a Project Owner in order to work with her/him/it on a Posted Project (“Collaboration”), your work with that Project Owner within the first year from the date you were selected by the Project Owner (the “New BD Fee Period”) will be subject to GroCurv's commission fee of {bd_fee}% on Contract Value. Any future contracts ("Repeat BD Fee Period") for the same service line/project will entail a BD FEE of {repeat_fee}%.
    • However, a new service line from same Project Owner/Company will entail {bd_fee}% BD fee. GroCurv should be informed explicitly in writing anytime a new contract is signed with this Project Owner.  
    • You agree not to (i) impact any cost related to the use of the Services and/or the BD Fee to the Project Owners and/or to any third-party, and (ii) make any mention of GroCurv in the invoices sent to the Project Owners or to any third-party.
  • Project Monitoring and Tripartite Agreement
    We have recently launched a Project Monitoring module for projects on the platform.  Clients opt-in for this module.
    In this module, we take advances from the client on behalf of the agency. Typically these are either the monthly retainer or in the case of short duration projects, as defined by the client and agency.
    • We set up weekly project monitoring calls that are recorded on the dashboard and shared with both client and agency.  The client also shares his feedback.
    • At the end of the month, the client authorizes us to make payment to agency. We make the payment to agency and raise the next advance on the client.

      What happens in case there is a disagreement between client and agency:
      • In case the client is unhappy with the execution of the project, he has to indicate this in the weekly call. When this happens, we ask the agency to stop work till the issue is resolved.
      • In case, the issue is not resolved and the project has to close, we facilitate a negotiation between client and agency to ensure pro rata payment is made to the agency. 

        This module is activated ON DEMAND FROM THE CLIENT via a Tripartite agreement which can be seen here. Agencies should assume that every project will go through this tripartite agreement.
  • Obligation to provide information
    Within {information_day} calendar days upon GroCurv's request, You shall provide GroCurv with all relevant supporting documents in respect of the Collaboration, including, without limitation, (i) quotes, agreements and invoices between you and the Project Owner, and (ii) any document evidencing media investments or any amounts paid by You to subcontractors
    You specifically agree to send to a copy of all Invoices issued by You to the Project Owner during the BD or Repeat Fee Period within {information_day} calendar days following the date of issuance of such invoice.
    You represent and warrant that all the information and documents You shall provide to GroCurv are truthful, authentic and real, and that they correspond accurately to your work with the Project Owner and subcontractors or suppliers.
  • Billing
    The BD Fee is due only when You effectively issue an invoice to the Project Owner. Prices are billed in INR. 
    GroCurv's Invoices shall be paid within {payment_day} calendar days of receipt thereof by You. Payments due to GroCurv shall, if not paid when due under the Terms of Use or any additional terms, bear interests for late payment at a rate of 10% per year. 
  • Breach
    In case of any breach by You of these BD Fee Terms and/or of the Terms of Use, GroCurv will send you a notice of breach. If you fail to remedy such breach in the following 10 calendar days, GroCurv reserves the right to, without limitation, suspend or cancel your account, to refuse any and all current or future use of any account and/or the Services, to terminate these Commission Fee Terms, to claim compensation for any and all costs, damages and interest arising of your breach and to engage in any judicial, administrative or other proceedings.
  • Governing Law and Consent to Jurisdiction and Venue
    These Commercial Terms (BD and Repeat fee) will be governed by and construed in accordance with the laws of India, and any dispute arising thereof will be subject to the jurisdiction of the courts of Gurgaon, Haryana, India.