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Terms and Conditions for Conducting Assignments

By agreeing to conduct an assignment for Long Shot Innovations Private Limited ("LS"), you, the Professional, agree to the following terms and conditions. These terms outline the responsibilities, legal obligations, and liabilities of the Professional during the course of the assignment.

1. Engagement Terms

1.1 Role of the Professional

The Professional agrees to act as an independent professional or freelancer for the purpose of conducting an assignment on behalf of LS. The Professional shall visit the specified client location to perform the assigned audit or task.

1.2 Audit Direction

  • In certain assignments, LS may manage and direct the audit, including providing detailed instructions on how the audit should be conducted. The Professional is required to follow LS's directives and instructions as given.
  • In other assignments where LS acts as an intermediary, the client will be responsible for providing instructions and directions for conducting the audit. The Professional is required to follow the client's directives in such cases.

1.3 No Employment Relationship

The Professional understands that this agreement does not constitute an employer-employee relationship between the Professional and LS. The Professional is engaged as an independent professional and is responsible for their own tax payments, insurance, and compliance with applicable laws and regulations. If Tax Deducted at Source (TDS) is applicable, it will be deducted under section 194J of the Income Tax Act, 1961.

2. Confidentiality

2.1 Obligation of Confidentiality

The Professional agrees to keep confidential all information, data, or knowledge acquired during the assignment. This includes but is not limited to:

  • Client data
  • Financial records
  • Audit-related findings
  • Any proprietary information of LS or its clients

2.2 Data Retention and Deletion

The Professional must not retain any documents or data after the completion of the assignment. All data must be destroyed or deleted as per LS's instructions upon completion.

2.3 Non-Disclosure

The Professional is prohibited from disclosing or discussing any confidential information or assignment-related details with third parties without the prior written consent of LS.

3. Theft, Damage, and Liability

3.1 Theft Liability

The Professional is fully responsible for any loss, theft, or damage that occurs during the execution of the assignment. The Professional must take all necessary precautions to ensure that belongings and materials at the client location are handled with care.

3.2 Liability for Damages

In the event of theft, damage, or loss caused by the Professional, they shall be held liable for the full cost of any damages incurred. LS reserves the right to take legal action or impose financial penalties if necessary.

4. Quality Assurance

4.1 Performance Standards

  • When LS directs the audit, the Professional must ensure that the audit or task is performed according to the standards and instructions provided by LS.
  • When the client directs the audit, the Professional must adhere to the client's performance standards and expectations as communicated directly by the client.

4.2 Non-Performance Penalties

LS reserves the right to review the quality of the work performed by the Professional. In the event that the work is found to be substandard, LS may withhold payment, impose penalties, or disqualify the Professional from future assignments.

5. Payment Terms

5.1 No Direct Payments

The Professional must not receive any payments directly from the client. All payments will be routed through LS, and any attempt to bypass this arrangement may result in penalties or legal action.

5.2 Final Payment

The final payment will only be released once LS receives confirmation from the client that the assignment has been successfully completed and the deliverables meet the required quality standards.

6. Assignment Completion and Non-Backout Clause

6.1 Obligation to Complete

Once the Professional has confirmed an assignment, they are required to complete it in full. The Professional cannot leave the assignment midway without prior approval from LS.

6.2 Non-Backout

If the Professional backs out after confirming the assignment, any financial loss or disruption caused by their withdrawal will be their sole responsibility. LS reserves the right to impose penalties for any such backouts.

7. Indemnification

7.1 Indemnification Clause

The Professional agrees to indemnify and hold LS, its officers, directors, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, or expenses (including legal fees) arising out of or in connection with:

  • Any breach of this agreement by the Professional.
  • Any act of negligence, misconduct, or unlawful activity performed by the Professional during the assignment.
  • Any damage, theft, or loss caused by the Professional during the execution of the assignment.

7.2 Third-Party Claims

The Professional agrees to indemnify LS from any third-party claims related to the Professional's performance or non-performance during the assignment.

8. Non-Solicitation and Non-Contact Clause

8.1 No Direct Contact During Assignment

The Professional agrees not to contact or communicate directly with the client for any matters related to the assignment, except for those necessary to complete the task. All formal communication must be conducted through LS.

8.2 No Post-Assignment Contact

The Professional is prohibited from directly contacting the client after the assignment is completed. Any such contact may result in penalties or disqualification from future assignments.

8.3 Non-Solicitation

The Professional agrees not to solicit or attempt to establish a direct business relationship with the client for future assignments or business services that bypass LS. Any violation of this clause will be considered a breach of this agreement.

9. Termination and Disqualification

9.1 Termination

LS reserves the right to terminate the assignment at any point if the Professional fails to comply with the terms of this agreement, or if the Professional's performance is unsatisfactory.

9.2 Disqualification from Future Assignments

Repeated failure to comply with the terms of this agreement or poor performance may result in the Professional's disqualification from future assignments.

10. Independent Professional Status

10.1 Independent Professional

The Professional agrees and acknowledges that they are engaged as an independent professional or freelancer, and no employment relationship, whether actual or implied, exists between the Professional and LS.

11. Miscellaneous

11.1 Governing Law

This agreement is governed by the laws of India, and any legal disputes shall be handled in the courts of Mumbai.

11.2 Severability

If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

By agreeing to conduct an assignment, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.