Terms & Conditions
Purpose
These terms include constituting the operative procedures, agreements and regulations for internal and external contracts and agreements. Variations on a case to case basis or changes for specific contractors, vendors, employees, affiliates, partners and investors shall rein superlative over these generic terms provided for the purposes of understanding of the policy in spirit.
1. Safe-Work Policy: Declaration for Female Staff
In order to secure a safe working environment and commute for our female staff, the following regulations are agreed to mutually upon signing of this agreement, as mandated by:
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Article 21 of the Indian Constitution
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Factories Act, 1948 including §2007; amendment from the Madras & Gujarat High Courts.
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Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (§Implemented; IT/ITES amendment of policies by the Madras High Court and TN Labor Ministry Regulation 2015)
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Shops and Establishments Acts 1954 (Including §amendments; from TN Labor Ministry 1963, 89, 97 & 2003)
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Cyber Crime And Information Technology Act 2000
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Maternity Benefits Act 1961 (Including 2015 Lok Shaba& 2017 Rajya Shaba Amendments)
A. Facilitations & Regulations:
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No female employees shall work over 8 PM unless so mandated by the entire shift timing (SEA §Amendment; 2003).
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Transportation will be provided if the same occurs due to unavoidable scenarios (SEA §Amendment; 2003).
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Said transportation will only be to the residence of the employee and not to any other location.
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If such a need is warranted in extreme cases, the requests may be considered after due form filling procedures, including the location, person for contact in that location and a confirmation from parents/spouse/guardian for the same.
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Transportation will be provided at any time during shift hours in case of health issues that require hospitalizing.
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This facility will be extended only in severe cases and the drop point will only be a medical facility.
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Female employees utilizing this benefit must produce a certificate from the medical facility on the next working day they appear.
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Under no circumstances shall an employee be dropped at any place of entertainment including cinemas, malls or restaurants.
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The management is not responsible for events outside the office premises, not involving our staff, once the shift has ended and the female employee had left the premises.
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In case of any harassment involving our staff, the first point of contact would be the management.
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The management will abet in any reasonable legal persecution in compliance to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 post to instant termination of the proven instigator/s of harassment.
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Any and all manner of insulting or suggestive comments Section 509, obscene activities in presence of female employees including usage of foul language Section 209, any manner of verbal or digital instigation of the said activities Sec 354D, and any violation covered under Cyber Crime And Information Technology Act 2000 is considered as harassment.
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Female employees are kindly requested to instantly report any such behavior without ignoring the same in order to avoid more severe consequences for all parties involved later.
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The management assures absolute confidentiality on any complaints made on the above issue.
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Maternity leaves for commissioning and adopting mothers, on occurrence during the confirmed tenure, per the Maternity Benefits Act 1961 (Including 2015 Lok Shaba & 2017 Rajya Shaba Amendments) shall be 12-26 weeks depending on consumption of eligible leaves and management discretion.
Note:
This document, being a referenced literature, is a declaration and not to be considered as direct legal advice. Further information must be sought from proper sources in case of clarifications.
2. Generic Terms of Job Offer & Contract
Offer & Acceptance:
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The offer of an employment is valid for 5 days from the receipt or the joining date whichever is closer.
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The document must be signed on a second copy and returned within the said date in order to confirm your agreement.
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No document dated post to the said span shall be accepted without a formal approval from the HR manager.
Payroll:
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All employees shall fall under the payroll of UTENIX TECHNOLOGIES PVT LTD for the entire tenure.
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Any internal deployment to affiliates or associated concerns shall not affect the payroll of the employees.
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The date of joining operations would be considered as the start date for the payroll.
Salary Compensation:
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All compensations are based on the mentioned amount in the Offer Document.
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All Increments thereafter shall be based on the performance delivered appraised on a half yearly basis.
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Performance incentives shall be included based on the parameters set by the operations head or an equivalent authority.
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Business related conveyances including travel or accommodation and boarding shall be applicable only from the middle management level onwards.
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All disputed balances or overlooked amounts shall be compensated on a set-on and set-off basis during the consecutive monthly pay-date.
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A probation period of 3 months is observed before commencement of fringe benefits if applicable to the position.
Working Hours:
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All employees are expected to arrive at 9 hours of in-time and 8 hours of login each day.
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Any discrepancy to the aforesaid shall be dealt with internal procedures.
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All teams in Customer Support, Tutor Desk and Data Processing and shall follow a 6 day week
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All teams in Design and Development shall follow a 5 day week
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Week-offs are determined to fall on every Sunday and/or Saturday based on the above
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The shifts shall be designated by the immediate reporting officer and shall remain the same until altered by the management.
Leave Benefits & Compensation:
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Any leave and compensation is considered a fringe benefit.
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Employees are eligible for 1 day sick leave and half a day of casual leave per month.
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Sick Leaves are non-compensative and would not be considered for encashment.
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Casual leaves are cashable at the end of 12 months from the commencement of confirmation and over same intervals thereafter.
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Attendance is compulsory for all days as designated and all leaves shall require a prior consent from the immediate reporting authority no lesser than 4 working days in advance.
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In case of a paid leave taken in conjunction with a week-off, prior consent from your immediate reporting officer is required to validate the same.
Rights to Information & Confidentiality:
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Any and all information provided and received during training, deployment, job process or research shall be the sole right of UTENIX TECHNOLOGIES PVT LTD and shall not be disclosed or re-used in any form at any later date before or after quitting the tenure
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Information accessed during the job process are protected as detailed under the accompanying Nondisclosure Agreement.
Termination or End of Tenure:
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The tenure may be ended from the management without a prior notice on breach of any of the said terms or as a disciplinary measure.
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No compensations, balances or reimbursements shall be entertained on such grounds.
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Upon termination, all the properties of the company including ID/access cards, files, documents, transportation benefits must be duly returned to the concerned departments on the very same day or the next official working day in order to process a cordial end of the term notice.
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End of tenure by self-consent shall be exercised with a written notice 30 days in advance of the desired date of service termination.
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All properties of the company including ID/access cards, files, documents, transportation benefits must be duly returned to the concerned departments and an authorized signature of clearance must be obtained from the applicable offices within a maximum of 25 days from the submission of notice.
Validation or Amendment of Terms:
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The aforesaid terms shall be changed in part or full with a post or prior notice to all employees.
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On an occurrence of a verbal or written intimation, the same must be adhered to with immediate effect.
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All terms of employment shall be disregarded upon a full and final settlement post to the end of tenure.
Legality:
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Terms drafted to adhere to THE PAYMENT OF WAGES ACT, 1936 ACT NO. 4 OF 1936.
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Any changes and amendments by law shall be exercised on a timely basis.
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All disputes raised on said terms shall be dealt with internal procedures and the right to a legal dispute shall be executed only for external suit as designated by the legal department.
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Any suit and disputes with an affiliated authority such as bank/s, facilities etc.; shall not trigger a liability from the employer to any degree.
3. Non-Disclosure Agreement
I. Preamble
- This NON DISCLOSURE AGREEMENT (hereinafter "Agreement") is being entered into by SIGNEE (hereinafter "Employee" "Executive "OR "Staff" {"Violator" ONLY in Sec. IV} ) with the RECEIVING PARTY; M/s UTENIX TECHNOLOGIES (hereinafter "Employer" "Company" "Management" OR "Reporting Officer") for the precautions, regulations and safety of INTELLECTUAL PROPERTY(hereinafter "Data" "Material" "Records" "Property" "Information" "Assets" OR "Chattel" ) of the Management.
II. Interpretations:
A. Confidential Information:
This shall include to mean, but not limited to, "plans, strategies, production data, financial condition, policies, procedures, training material, employee info, client lists, project reports, daily measures, attendance, internal communications, designs, trademarks, logos, website content, circulars, forms, surveys, coding, application data, compliances, theory, identification material, copyrightable works, literature, brand/product images, panels, flow charts, and any manner of data collected in regards to the assigned task of tenure."
B. Time Frame:
The timeframe shall be considered to institute "from the moment of signing this agreement to an indefinite span during and after the tenure of the Employee."
C. Exceptions:
Any manner of "enquiry by a Court of Law or an equivalent authority, external verifications by Financial or Governmental institutions or external disclosure for business purposes" shall be considered exceptions, only as to agree or prevaricate, by the Management upon requests from the Employee, due proper channels.
D. Applicable Setting:
All "work sites, offline storages, individual work stations, portable drives and storage devices belonging to the Employer, printed material usable in training or processes, on-site or client sites" shall be considered to be included as quarter to compliance.
E. Applicable Instances:
Any and all "time of employment, duration of shifts, travel spans for business purposes, assessments or training spans" would enable the management to enforce the agreement.
{Any reasonable modification to interpretations is the sole right of the Management.}
III. Execution of Confidentiality:
- Applicable from the moment of agreement, the Employee shall not exercise any manner of electronic or physical transfer of any of the above Data bar as directed by the Management.
- No personal artifacts that could be used for any means of data transfer shall be allowed in the premises and shall be confiscated if spotted, for scrutiny and necessary formatting by the Employer.
- No part of the training or execution of Work would require any manner of data transfer to cloud or personal online storages and the same shall be considered a violation.
- Any nature of tasks relating to disclosure of Company Information is deemed to the approval of the Management for any of the above exceptions noted.
- All manners of disclosure or duplication to be found by any remote party in connection to an Employee that would generate a suspicion of similarity is deemed as a violation as well.
- Every manner of data created by the Employee within the resources and purposes of the Company is applicable to the agreement based on the same being paid for through work compensation.
- The Employer reserves the rights to reasonable scrutiny and application of security measures as preferred, in order to safeguard the Information.
- This agreement and its terms shall extend to internal sharing of information as well, per the departmental policies, however, shall reign as the superlative in case of contradictions with the latter.
IV. Reprisals upon Violation:
- An immediate termination of employment of the Violator, immaterial of tenure or any previous job agreements or contracts entered with shall be executed.
- Any losses or damages deemed by the Management as a consequence from the current or any previous activity of the Violator is considered valid for legal persecution.
- No manner of compensation, pending, collected, held in lieu or agreed previously, shall be considered obligatory with no manner of Employee eligibility to the same in future.
- All material and transactional evidence, in case of ex-party usage shall be recorded and the violating Employee will be a signatory to the affidavit, due usage in a Court of Law.
- Severe violations shall result in recoveries to be indemnified by the Violator in form of monetary compensation, to the value of the material in question, as estimated by the management.
5. Generic Vendor Agreement
Utenix Technologies Pvt Ltd incorporates and offers the following document to contract, pursue and indemnify third party companies for procurement of products and services. Specific clauses shall be suggested to be added, removed or modified based on individual nature of the services or products and causes. Further MOU's, Legal Contracts or intent and promissory letters can be drafted to execute a procurement based on the requirements of contractors and vendors.
Affiliate or Vendor Information Security:
Any vendor or affiliate information divulged to the site owner or website shall be handled with strict confidentiality including commercial data comprising monthly statements, bills, invoices, vouchers, drafts and checks will not be disclosed except under a request by a governing external authority with a right of binding contract existing with the website or site owner.
Upon termination or extinct of a contract the above information obtained through the website would be archived for future purposes not including sale or passage without prior consent from the affiliate or vendor.
Upon termination or extinct of a contract the above information obtained through the website would be archived for future purposes not including sale or passage without prior consent from the affiliate or vendor.
This clause will extend to any third party outsourcing acquired by the company but the access rights would extend to the second party if the information input is channelized through the website. The implementation would be solely dependent on the agreement forged between the three parties.
6. Privacy Policy
Any information private or business shall be protected by the website and the site-owner under our privacy policy herein with stated.
Children Privacy Policy:
The site content is only viewable to an adult as decided by the governing law in the user's location. A non owner of any monetary resource used pay in lieu of the services of the site owner including but not limited to bank or gateway accounts, pay checks etc., will have no liability on any reimbursements by the site owner. Any underage usage would result in nullifying of all sales or service contracts forged with the underage USER with no possibility of reimbursements under any circumstances except a legal requirement due to governing laws of the residential judiciary of the parent or guardian.
Client confidentiality:
The site-owner and website will maintain strict confidentiality in connection to any and all client information including but not limited to service agreements, Emails Chat transcripts, and conference notes and call recordings as suggested by the client. This shall extend to any information used in setting up or implementing any projects or campaigns as per the mutually inclusive sale or service contract forged with the client.