Information: Company shall provide Franchisee with manuals as may be required for operation, installation,
repair or maintenance of the JanaJal Water ATM or a part thereof. Franchisee shall be entitled to rely upon
such information in performance of the Services. Company shall also provide Franchisee with the
description of the Project's operating requirements.
Overhaul of Major Equipment and Capital Improvements: Subject to the Franchisee maintaining and
operating the Machine in good condition and subject to normal wear and tear, the cost of all major
equipment teardowns and overhauls and all capital improvements shall be the responsibility of Company.
Franchisee shall promptly notify Company in writing of any such teardowns and overhauls of major
equipment or capital improvements that Franchisee believes are necessary or advisable together with a
proposed schedule for completing such repairs or improvements. The Company shall get the Annual
Maintenance done at its own cost and responsibility.
Insurance of the Machine: It shall be the responsibility of the Company to insure all the Machines and
related parts of the Machine.
Training, Certificate and Uniform: The Company shall provide the Franchisee adequate training and
guidance for operating, maintaining and managing the Machine at the cost of the Franchisee. Also a labcertificate
shall be issued by the Company pertaining to the purity and cleanliness of water which shall
mandatorily to be displayed by the Franchisee during the course of the operation.
Recharge of Card: The card which shall be used for dispensing water would be recharged by the Company.
The metering system of the Machine shall work on pre paid basis. The Franchisee shall dispense the Water
from the vending machine by paying & recharging its card in advance through online transfer using
secured payment gateways finalised by the company. The recharge value shall be available in the multiples
of Rs. 1000/- (Rupees One thousand) only.
Inspection and Monitoring of the Machine: The Company or any of its authorized representatives shall
have the right to inspect, verify and audit all accounts and monitor the Machine and the Unit at all time
without any prior information to the Franchisee. In case the verification/ audit reveals non-compliance on
the part of the Franchisee, the Franchisee shall be liable to pay damages as may be decided by the
Company, without any protest. This shall be in addition of other remedies as may be available to the
company including the right to terminate this Agreement.
Franchisee’s Responsibilities, Representations and Warranties:
Standards for Performance of the Services: Franchisee shall be liable and responsible for day to
day affairs, operation, management of the Machines and the Unit. The Franchisee shall perform the
Services in a prudent, reasonable, and efficient manner and ensure highest standards of hygiene, in
accordance with (i) Operating Manuals and applicable vendor warranties, (ii) all applicable Laws, (iii)
Prudent Utility Practices, (iv) the Project Agreements, (v) the requirements of any System Franchisee, and
(vi) all insurance policies specified in this Agreement. Franchisee shall use highest standards and all
reasonable efforts to optimize the useful life of the Machine and to minimize Costs and Project outages or
Franchisee's Personnel Standards: Franchisee shall provide as reasonably necessary all labor and
professional, supervisory and managerial personnel as are required to perform the Services. Such personnel
shall be well qualified to perform the duties to which they are assigned and shall meet any requirements
under the Agreement.
Proper Display of Board and Certificate: The Franchisee shall ensure that during the entire period of the
operation of the project, the display Board of the Machine shall remain visible to all customers or any
concerned authority or authorities who came for inspection and monitoring of the Machine. Also the Lab-
Certificate so provided by the Company pertaining to the Purity and Cleanliness of the water shall
also be affixed by the Franchisee in a conspicuous place so that it can easily be visible and noticeable by
Hygiene, Safety and upkeep of the Machine: The Franchisee shall ensure highest standards of hygiene,
proper upkeep and undertake periodic, preventive and regular maintenance of the machine and keep the
Unit safe and clean in all respects.The Franchisee shall be bound by the instructions, directions,
suggestions etc. as may be issued by the Company from time to time.
Franchisee warrants that it shall undertake and provide the Services with reasonable care and skill, and in
accordance with Good Industry Practice, the provisions of Applicable Laws and the provisions of this
Franchisee shall at all times ensure that the Services are provided, at all times, in accordance with
performance parameters, standards, service levels and requirements prescribed by the Company and any
other parameters, levels, standards or requirements as may be prescribed from time to time (collectively,
the “Minimum Service Levels”).
Franchisee shall ensure that the Minimum Service Levels are monitored on a fortnightly basis and the
Franchisee will submit to Company a regular fortnightly report, on compliance with the Minimum Service
Levels . Company further reserves the right to independently inspect, verify and audit by itself or through
its representatives and nominees, the Minimum Service Levels for any time period. If any such report or
any inspection, verification, shows that the Franchisee has not complied with one or more of the Minimum
Service Levels, the Franchisee shall become liable to pay liquidated damages in respect of each such breach
or non-compliance, at the rate as may be ascertained and decided by the Company. For the avoidance of
doubt, it is clarified that Company may, at its discretion, draw/ adjust such liquidated damages from and
against the performance security deposit or deduct from the revenue payable to the Franchisee under this
Agreement. The Company shall be entitled to terminate this Agreement in case the Franchisee fails to
maintain the Minimum Service Levels.
The Franchisee shall promptly inform the Company upon the occurrence of any issue/ incident/emergency
situation at the Unit. The Franchisee shall co-operate fully and participate completely in such cases.
The Franchisee shall at all times, co-ordinate and fully co-operate with the Customers, regulatory
authorities, other service providers/vendors, police officials and users to ensure the seamless and
harmonious operation of the unit. The Franchisee shall comply with all requests and directions of the
Company in this regard. The Franchisee shall immediately bring to the Notice of the Company any issue or
notice as may be pointed or brought forth by the any of the authorities. The Franchisee shall cooperate and
be polite with any the officials at all time. The Franchisee shall immediately and amicably settle any
disputes and shall keep the Company indemnified and harmless against any complaint received by the
Company against the Franchisee.
The Franchisee shall not erect any communication facilities or antennas or advertise in any manner on any
part of the Unit whether through any electric lights, sky signs, sign boards, stickers, posters or any other
form except for the material provided by the company. The Franchisee shall not advertise or promote or
market at Unit, any products, services or other than the Services provided by it, without the prior written
approval of the Company , which may be withheld, delayed or refused , at its sole discretion of the
The Franchisee shall be liable for obtaining all relevant Approvals and License(s) required under Applicable
Laws for performing its obligations under this Agreement and shall submit proof of the same, to the
satisfaction of the Company.
The Franchisee shall, at its own cost and expense procure all consumables including 300 ml glasses, 1
litre, 2 litre and 5 litre containers/bottles from the Company and shall ensure the consumables are
adequately available at all times. The Franchisee shall ensure to procure consumables from the Company
only and shall not use any substitutes or alternate products any point of time.
The Franchisee shall be solely liable for the operation of the Unit including without limitation (i) bearing all
operating costs, (ii) day to day expenses (iii) expenses such as electricity, raw water (iv) other miscellaneous
expense related to operating the Machine/Unit, (v) ensuring there are sufficient safety precautions, fire
protection, connection to utility points, sewerage, foul water drainage etc. (vi) promptly paying all expenses
incurred in respect of operation of the Unit.
The Franchisee shall carry day to day repairs required during routine operations from the authorized
technicians only. Visit charges of Rs. 1000/- plus service tax would for every visit of technician and payable
by the Franchisee. The Franchisee shall further be liable to pay for any unscheduled visits and any cost of
spares, replaced parts etc.
The Franchisee shall ensure that the Machine/Unit is at all times throughout the Term, maintained and
kept in a good working condition, including without limitation by entering into appropriate maintenance
agreements for periodic servicing, cleaning and maintenance of Machine and infrastructure at the Unit.
The Franchisee shall not tamper, make any changes or alterations to the Machine, without the prior written
approval of the Company.
The Franchisee shall be solely responsible for all cash collections at his level and the Company shall not be
liable and/or responsible for any losses caused on account of theft, cheating etc. The Franchisee shall keep
records of all proceeds/books of accounts in a transparent manner and shall be made available to the
Company as and when desired.
The Franchisee shall only be granted a bare, personal, non-transferable, non-assignable, non-heritable,
non-exclusive license to use the Machine/Unit solely for and incidental to, the purposes of this Agreement ,
subject to the terms and conditions set out in the respective License Agreements of the Company with other
Parties. The Franchisee expressly acknowledges and agrees that it has not been granted possession of the
Unit and that Company continues to retain exclusive and absolute possession and control of the Machine
and Unit. The Franchisee acknowledges and agrees that anything to the contrary notwithstanding, no
tenancy, sub-tenancy, easement, lease, right, title, or interest whatsoever is or shall be created or
transferred or deemed to have been created or transferred in respect of the Unit nor shall any express or
implied conduct of the Parties or any amendment in law operate to do so, and Franchisee shall not plead
any oral variation to the provisions hereof.
On the termination of the Agreement, the Franchisee shall handover the vacant charge of the Unit and
deliver the machine in good working condition to the as provided by Company to the Franchisee
The Franchisee shall not, directly or indirectly, undertake or be engaged in, any activity or business at the
Site/ Unit or otherwise, other than the License granted hereunder, except pursuant to a separate contract/
commercial arrangement for the same with the Company.
The Franchisee shall ensure that neither himself nor any employees/assistants etc. Indulge in any
unlawful activity and nor shall be indulged in any incident of eve teasing and harassment to women. Such
incidents shall be dealt with in the most stringent manner and in accordance with the corporate policies of
the Company besides applicable laws. The Company also reserves its right to report such instances to the
appropriate authorities and initiate suitable enquiries.
Franchisee shall maintain, at a location acceptable to Company, the Project operating logs, records, and
reports that document the operation and maintenance of the Project, all in form and substance sufficient to
meet Company's reporting requirements under the Project Agreements.
The Franchisee shall maintain regular and proper books of account in accordance with Applicable Laws
along with other supporting documents regarding sales/ transactions effected by the Franchisee at the Unit
and such books of account/ documents shall at all the times be kept open for inspection by the Company.
The Company reserves its right to require the Franchisee to install, operate and maintain computerized
billing and inventory systems/ processes for capturing and accessing real-time transaction information and
other data and provide access to such systems to the Company, all as required by Company, from time to
time. The Franchisee acknowledges and agrees that it shall comply with all such requirements, and not
raise any objections in respect thereof.
The Company shall have the right to audit and inspect, either by itself or through auditors, the books of
account, documents and other financial statements of the Franchisee at any time without any notice.
The Company reserves the right to require the Franchisee , to submit reports, statements and other
information in connection with performance of any of its obligations under the this Agreement , in such
formats and at such intervals, all as required by Company, from time to time.
Franchisee shall provide Company necessary assistance in connection with Company's compliance with
reporting requirements under the Project Agreements, applicable Laws or any other agreement to which
Company is a party relating to the Project. Such assistance shall include providing reports, records, logs
and other information that Company may reasonably request as to the Project or its operation.
The Franchisee shall procure and pay all charges of water, electricity and other amenities and
infrastructure. The Franchisee shall procure all other utilities, amenities, infrastructure or services as may
be required by it,
The Franchisee shall be solely responsible for making arrangements for the engagement of suitable skilled
and trained personnel and labour for undertaking the license under this Agreement. Franchisee shall be
solely responsible for the supervision and control of its personnels and for all employment arrangements,
including payment of salaries, statutory dues, employment benefits and for compliance with all Applicable
Laws. Under no circumstances shall there arise any contractual relationship between Company and the
personnel of Franchisee or its subcontractors (if permitted). Franchisee shall indemnify, defend and hold
Company harmless from and against any Liabilities incurred by Company as a result of the breach of
Applicable Laws by the Franchisee, or claims against Company by the personnel or sub-contractors
engaged by the Franchisee .
The Company may at any time request the removal and replacement of any personnel or
subcontractor engaged by Franchisee , for cause or without cause to be notified to the Franchisee, and the
Franchisee agrees to promptly comply with such request.
All individuals employed by Franchisee to perform the Services shall be employees of Franchisee
for all purposes, and their working hours, rates of compensation and all other matters relating to their
employment shall be determined solely by Franchisee. With respect to labor matters, hiring
personnel, and employment policies, Franchisee shall comply with all applicable Laws and
statutory requirements. The Franchisee shall provide to the Company proof of payments/statutory
liabilities made to the employees or persons working for and under the Franchisee. In the event it is
found that the Franchisee has failed to make any payments, the Company shall withhold the payments to
be made to the Franchisee. If the Franchisee fails to make the payments, the Company shall make the
payment directly to the employees of the Franchisee from the fee payable to the Franchisee. The Franchisee
shall adhere to this without any protest or demur.
The employees of the Franchisee shall be dressed in clean Uniform and shall be polite and courteous with
the customers/ concerned authorities/officials or any person/officer visiting the said Unit. The Franchisee
and his employees etc. shall always maintain good conduct such that it upholds the stature, respect and
dignity of not only himself but it shall also maintain the goodwill and respect of the Company.
The Franchisee shall employ the personnel’s with bonafide good character, provide an identity card and
depute the personnel’s only after their police verification. The Franchisee shall immediately remove and
replace the personnel if the Franchisee, in its discretion finds him unfit or undesirable or for not suitable
for the purpose.
The Franchisee shall maintain and shall not disclose any information disclosed to the Franchisee or any
contents of operating systems, manuals to any person except those who need to know for successful
implementation of this Agreement.
The Franchisee shall acquire no right to use any trade name, trade mark, service name or any other
intellectual property right of the Company. All right, title and interest in the JanaJal ATM machine and the
Unit, as the case maybe, shall at all times remain with the Company and the Franchisee shall have no