This Non-Solicitation Agreement (the "Agreement") is entered into on 4th June, 2024 by and between Netclues Technologies Private Limited, an Indian registered company, along with its subsidiaries and affiliates (collectively referred to as "Netclues"), and the Client.
In consideration of the valuable services provided by Netclues, the Client agrees to the following terms:
This Agreement commences on the Effective Date and remains in effect throughout the Client's association with Netclues, extending for a period of two (2) years following the termination of such association.
This Agreement pertains exclusively to non-solicitation covenants as outlined herein.
The Client agrees not to directly or indirectly solicit, induce, recruit, or engage in any form of arrangement with any of Netclues' employees, contractors, consultants, associates, or affiliates during the term of this Agreement or any Statement of Work (SOW), and for twenty-four (24) months following the termination of this Agreement or any applicable SOW. Additionally, the Client will not hire any former employee, talent, consultant, assignee, or associate of Netclues for a period of six (6) months after their departure from Netclues. The Client must inform Netclues in writing before entering into any such arrangements and must include Netclues as a necessary party or witness to these arrangements.
The Client acknowledges that:
If any provision of this Agreement is found to be illegal or unenforceable, the remaining provisions will continue to be valid and enforceable to the extent permissible.
This Agreement constitutes the entire understanding between the parties concerning its subject matter and supersedes all prior agreements and representations.
Any waiver of a default under this Agreement must be in writing and will not constitute a waiver of any subsequent default. Delays or omissions in exercising any right or remedy will not be considered a waiver. Consent or approval for one act does not waive the necessity of consent or approval for any other act.
The parties agree to first attempt to resolve any disputes through mediation, sharing the mediation costs equally. If mediation fails, disputes will be settled by arbitration under the Indian Arbitration and Conciliation Act, 1996, with proceedings held in Ahmedabad, India, and conducted in English. Each party will appoint an arbitrator, who will then appoint a sole arbitrator to preside over the proceedings.
This Agreement is governed by Indian law, with any disputes subject to the non-exclusive jurisdiction of the courts in Ahmedabad, Gujarat.