MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (this “MOU”) is made and entered into on this April 01, 2024 by and
between: iLogitek Business Solutions Private Limited located at AKR
Tech Park, 46/1, NH 44,
Garvebhavipalya, Krishna Reddy Industrial Area, Hosapalaya, Muneshwara
Nagar, Bengaluru, Karnataka 560068, herein after called the First Party
and
Tway IT Services Private Limited located at Plot No.38, SY No.64, N-Heights Siddiq Nagar,
HITEC City, Shaikpet Hyderabad, Telangana - 500081 herein after called the “Second Party”,
both of whom are collectively known as the “Parties,”
WHEREAS the First Party and the Second Party desire to enter into an agreement in which they
will work together to achieve the various aims and objectives relating to the Recruitment and
Consultancy Services
AND WHEREAS the First Party and the Second Party are desirous to enter into an MOU
between them, setting out the working arrangements that each of the two agree are necessary to
complete the Project.
1. Purpose and Scope. The purpose of this MOU is to provide the framework, the scope of work,
terms and conditions, and responsibilities of the Parties associated with their work on the Project,
as attached in more detailed information for the Project that the Parties have agreed upon, if
applicable.
2. The Parties’ Obligations. The Parties desire and wish that this document will not create any
form or manner of a formal agreement, but rather an agreement between the Parties to work
together in such a manner that would promote a genuine atmosphere of collaboration in support
of an effective and efficient partnership and leadership meant to maintain, safeguard, and sustain
sound and optimal financial, managerial, and administrative commitment with regards to all
matters related to the Project.
3. Cooperation. The Parties represent that they have unique, specialized expertise that they will
draw upon to meet the objectives of the Project.
The First Party will use the following unique experiences and expertise to further the objectives of
the Project:
The Second Party will use the following unique experiences and expertise to further the
objectives of the Project:
4. Responsibilities.
The First Party and the Second Party shall undertake the following activities under this MOA:
1. The second party agrees to provide recruitment services to the first party under the
following conditions:
A. The second party will be providing candidates to the first party on IT and non
IT sector as per the requirement of the first party.
B. The first party agrees to pay 20% of gross pay of the selected candidates to the
second party.
C. The first party gives an assurance of minimum one year for the selected
candidates given by the second party, unless the selected candidates breaches the
companies’ policies and go against the firm.
D. The second party doesn’t have any obligations related the staff members
working in the first party and internal policies.
2. The second party agrees to provide Marketing and Technical support to the first party
under the following conditions:
A. The second party agrees to help out the first party in providing marketing and
Technical support to the first party where the first party agrees to pay 20-30%
commission based upon the project worth and the time duration of the project.
The first party agrees that, when offered a project by second party, will make sure the
project is completed and delivered to client on time, failing which the first party will take
the liability of the client.
5. Resources. The Parties will endeavor to have final approval and secure any financing
necessary to fulfill their individual financial contributions at the start of the Project.
The First Party agrees to provide the following material, financial, and labor resources in respect
of the Project:
The Second Party agrees to provide the following material, financial, and labor resources in
respect of the Proje
6. Communication Strategy. Marketing of the Project should always be consistent with the aims
of the Project and only undertaken with the express written agreement of both Parties. Where it
does not breach any confidentiality protocols, a spirit of open and transparent communication
should be adhered to. Coordinated communications should be made with external organizations
to elicit their support and further the aims of the Project.
7. Dispute Resolution. The Parties to this MOU agree that if any dispute arises through any
aspect of this agreement, including, but not limited to, any matters, disputes, or claims, the
Parties shall confer in good faith to promptly resolve any dispute. In the event that the Parties are
unable to resolve the issue or dispute between them, then the matter shall be .
8. Governing Law. This MOU shall be construed in accordance with the laws of the State of
Karnataka.
9. Assignment. Neither Party may assign or transfer the responsibilities or agreement made
herein without the prior written consent of the non-assigning party.
10. Amendment. This MOU may be amended from time to time by mutual agreement of the
parties in a written modification signed by both parties.
11. Termination. This MOU may be terminated by mutual written agreement of the Parties upon
30 days notice.
This MOU shall automatically terminate upon completion of all responsibilities as stated in the
“Purpose and Scope” section unless otherwise amended, see attached timeline and list of
objectives for the Project, if applicable.
12. Prior Memorandum Suspended. This MOU constitutes the entire Memorandum between
the Parties relating to this subject matter and supersedes all prior or simultaneous
representations, discussions, negotiations, and Memorandums, whether oral or written.
13. Understanding. By signing this MOU, both Parties of this MOU mutually agree and
understand that:
Each Party will take finance and legal responsibility for the actions of its affiliates, officers,
employees, independent contractors, agents, volunteers, and representatives.
Each Party agrees to indemnify, defend and hold harmless the other to the fullest extent
permitted by law from and against all actions, demands, claims, losses, liabilities, costs (including
attorney’s costs and fees), and damages. Each Party shall also be responsible for the
proportionate cost of any damages arising from the fault of such Party, its officers, agents,
employees, and independent contractors.
Each Party shall carry insurance at its sole expense to cover its activities in connection with this
MOU. Each Party shall also obtain and maintain insurance for general liability, workers’
compensation, and business automobile liability adequate to cover any potential liabilities.
Any notices, demands, requests, and other communications returned to the sending Party as
non-delivered should be re-delivered or re-mailed to the forwarding address affixed thereto. Such
communications will be deemed delivered in the same way as those that had not been returned
to the sending Party.
15. Severability. Any part or provision of this MOU that is found to be unenforceable, illegal,
void, or prohibited in any jurisdiction will be ineffective without invalidating the remaining
provisions and parts of the MOU. In such a scenario, the Parties will use reasonable efforts to
employ and find an alternative way to achieve the same or substantially the same result as
contemplated by such part or provision.
16. Authorization and Execution. The signing of this MOU does not constitute a formal
understanding and as such it simply intends that the Parties shall strive to reach, to the best of
their abilities, the objectives stated herein.
The MOU shall be signed by and and shall be effective as of the date first written above.
________________________________ Date: ___________________________
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