What GeM portal consultant services does BizHelp offer?

BizHelp offers end-to-end GeM portal consultant services including GeM registration, GeM catalog management, GeM vendor assessment, GeM bid submission service, and government tender consultancy across India with headquarters in New Delhi.

Is BizHelp's service agreement legally compliant in India?

Yes. BizHelp's GeM consultant service agreement is fully compliant with the Information Technology Act 2000 and Indian contract law, with jurisdiction in New Delhi, Delhi.

How can I contact BizHelp for GeM catalog management or vendor assessment services?

You can reach BizHelp India at +91 93102 69560 or email support@bizhelp.co.in for GeM catalog management service, GeM vendor assessment, and bid submission support.

GeM Consultant Service Agreement

MASTER SUBSCRIPTION AND SERVICES AGREEMENT — BIZHELP GEM CONSULTANT

Last updated on December 8, 2022 – 05:50:00 PM

THIS MASTER SUBSCRIPTION AND SERVICES AGREEMENT ("AGREEMENT") GOVERNS THE CUSTOMER'S USE AND AVAILMENT OF GEM PORTAL CONSULTANT SERVICES — INCLUDING GEM CATALOG MANAGEMENT SERVICE, GEM VENDOR ASSESSMENT, AND GEM BID SUBMISSION SERVICE — PROVIDED BY BIZHELP TECHNOLOGY AND ADVISORY PRIVATE LIMITED (HEREINAFTER "BIZHELP"), INDIA'S TRUSTED GEM PORTAL SERVICE PROVIDER BASED IN NEW DELHI. IT CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN BIZHELP AND THE CUSTOMER.

BY (1) EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT OR (2) CLICKING A BOX INDICATING ACCEPTANCE OF THIS AGREEMENT OR (3) USING THE SERVICES, THE CUSTOMER AGREES TO THE TERMS OF THIS AGREEMENT. IF THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS ACCEPTING ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, SUCH INDIVIDUAL REPRESENTS THAT THEY HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERM "CUSTOMER" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF THE INDIVIDUAL ACCEPTING THIS AGREEMENT DOES NOT HAVE SUCH AUTHORITY, OR DOES NOT AGREE WITH THESE TERMS AND CONDITIONS, SUCH INDIVIDUAL MUST NOT ACCEPT THIS AGREEMENT AND SHALL NOT AVAIL THE SERVICES.

1

Definitions

1.1 "Affiliate" shall mean, in relation to any person: (i) if that person is an individual, any person who is a relative of such person; and (ii) if that person (the "Subject Person") is other than a natural person, any other person that, either directly or indirectly through one or more intermediate persons, controls, is controlled by or is under common control with the Subject Person. "Control" means the power to direct the management or policies of a person directly or indirectly, whether through the ownership of over fifty percent (50%) of the voting power of such person, or through the power to appoint over half of the members of the board of directors or similar governing body of such person or through any other arrangements.

1.2 "Agreement" means this Master Subscription and Services Agreement, any Order Form, addenda, exhibits and supplements thereto.

1.3 "Applicable Law" means any law, statute, rule, regulation, order, circular, decree, directive, judgement, decision or other similar mandate of any applicable central, national, state or local governmental authority having competent jurisdiction over, or application to a party or subject matter in question.

1.4 "Assisted Services" means GeM bid submission service, bid management, and assistance thereto — offered as part of BizHelp's GeM portal consultant package.

1.5 "Customer Data" means any content, materials, documents, data and information submitted by or for the Customer including any data generated, derived, processed, stored or transmitted thereof.

1.6 "Customer" means in the case of an individual accepting this Agreement on his or her own behalf, such individual, or in the case of an individual accepting this Agreement on behalf of a company or other legal entity, the company or other legal entity for which such individual is accepting this Agreement, and Affiliates of that company or entity (for so long as they remain Affiliates). It includes users of the Services.

1.7 "Malicious Code" means code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses.

1.8 "Non-Bizhelp Application" means a web-based, mobile, offline or other software application functionality that interoperates with a Service, that is provided by the Customer or a third party.

1.9 "Order Form" means an ordering document or online order specifying the Services to be provided hereunder that is entered into between the Customer and Bizhelp, including any addenda, exhibits and supplements thereto. By entering into an Order Form hereunder, an Affiliate agrees to be bound by the terms of this Agreement as if it were an original party hereto. For the instances where the Customer avails the Services of Bizhelp through a Reseller, Order form shall deem to mean a document entered into between a Reseller and Bizhelp specifying the Services to be provided by Bizhelp and the charges payable by the Reseller.

1.10 "Technical Services" means migration, implementation, integration, training, or consulting services made available by Bizhelp under applicable Order Form.

1.11 "Reseller/Distributor" means a third party authorised by Bizhelp in writing to sell Services.

1.12 "Services" means Subscription Services, Assisted Services and Technical Services and exclude any Non-Bizhelp Applications.

1.13 "Software" means Bizhelp's proprietary software and tools for GeM portal consultant operations, including but not limited to: advanced filters for targeted bid searches, Daily Bid Notification tools, GeM catalog management dashboard, Bid Management tools, Automatic Bid Study & Create Bid Participation Documents software, Bid Objection Reply Generator, Bid Price Analysis for Bid Participation, and Bid Modification Tracking system — provided by BizHelp, India's trusted GeM portal service provider, to the Customer pursuant to an Order Form.

1.14 "Subscription Services" means any services provided by Bizhelp to the Customer including the subscription to Software and related support made available by Bizhelp to the Customer under applicable Order Form.

2

BizHelp GeM Portal Consultant – Our Responsibilities

2.1 Provision of Subscription Services. Subject to terms of this Agreement and payment of the charges, Bizhelp — as your dedicated GeM portal consultant — will (a) make the Subscription Services available to the Customer pursuant to the applicable Order Form, including GeM catalog management service, GeM vendor assessment support, and GeM bid submission service; and (b) provide applicable Bizhelp standard support for the Subscription Services to the Customer.

2.2 Protection of Customer Data. Bizhelp will maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of Customer Data to prevent unauthorized access to Customer Data.

3

Use of Subscription Services

3.1 Subscriptions. Subject to the terms of this Agreement and payment of charges, Bizhelp grants the Customer, a limited, non-exclusive, non-transferable right to access the Subscription Services. Subscription Services are purchased as subscriptions for the term stated in the applicable Order Form.

3.2 Usage Limits. Subscription Services are subject to usage limits specified in Order Forms. If the Customer exceeds a contractual usage limit or uses the Subscription Services beyond the term of the Order Form and/or this Agreement, the Customer will execute an Order Form for additional quantities of the applicable Subscription Services promptly upon Bizhelp's request, and/or pay additional amounts for excess usage in accordance with the "Invoicing and Payment" section below.

3.3 Customer Responsibilities. The Customer shall (a) be responsible for compliance with this Agreement and Order Forms, (b) be responsible for the accuracy, quality and legality of the Customer Data, (c) prevent unauthorized access to or use of Subscription Services and notify Bizhelp promptly of any such unauthorized access or use, and (d) be responsible for all activities that occur under its usernames, passwords or accounts or as a result of the Customer's access to the Services.

3.4 Usage Restrictions. The Customer shall not (a) make any Subscription Service available to anyone other than the Customer or users, (b) sell, resell, rent, license, sublicense, or distribute any Subscription Service, (e) interfere with or disrupt the integrity or performance of any Subscription Service, (f) attempt to gain unauthorized access to any Subscription Service or its related systems or networks, (g) permit direct or indirect access to or use of any Subscription Services in a way that circumvents a contractual usage limit, (h) modify, copy, or create derivative works based on a Subscription Service, (i) disassemble, reverse engineer, reproduce, distribute, republish or decompile a Subscription Service, (j) remove or modify any program markings or any notice of Bizhelp's or its licensors' proprietary rights, (k) perform or disclose any benchmark or performance tests of the Services, or (l) access Subscription Services to build a competitive product or service or copy any ideas, features, functions or graphics of the Service.

3.5 The Customer's use of Services shall be subject to terms and conditions of use and privacy policy as updated from time to time by Bizhelp.

4

Non-Bizhelp Applications

4.1 Any acquisition or use by the Customer of Non-Bizhelp Application, and any exchange of data between the Customer and any Non-Bizhelp Application is solely between the Customer and the applicable Non-Bizhelp Application provider. Bizhelp does not warrant or support Non-Bizhelp Applications or other Non-Bizhelp products or services, whether or not they are designated by Bizhelp as "certified" or otherwise. Bizhelp is not responsible for any disclosure, modification or deletion of the Customer Data resulting from access by such Non-Bizhelp Application or its provider. Bizhelp assumes no responsibility in relation to any services availed by the Customer from a Non-Bizhelp Application and the Customer agrees and undertakes to indemnify and hold Bizhelp harmless from any claim, loss, liability arising out of, or in connection with, or in relation to any such services being availed by the Customer.

5

Technical Services – GeM Catalog Management & Integration

5.1 Subject to payment of applicable charges, Bizhelp may make available for Customer, Technical Services as set forth in the applicable Order Form. Customer shall render necessary assistance to Bizhelp in order for Bizhelp to fulfil its responsibilities as set forth in this Agreement and the applicable Order Form. Unless otherwise stated in the applicable Order Form, all Technical Services under this Agreement are deemed accepted by Customer upon delivery.

6

Assisted Services – GeM Bid Submission Service

The following terms shall additionally govern provision and use of Assisted Services:

6.1 The Customer shall ensure that all the information provided for availing Assisted Services is (a) provided promptly, (b) true, (c) accurate and (d) complete.

6.2 The Customer acknowledges and agrees that:

(i) The scope of services set out in the Order Form is comprehensive and complete;
(ii) The Assisted Services including deliverables, if any, are provided solely for the benefit of the Customer;
(iii) It shall not disclose the deliverables or extend the benefit of the Assisted Services to anyone else;
(iv) It shall be solely responsible for maintenance, custody and archival of the statutory books of accounts, other registers and records;
(v) It shall assist with error summary generated after validation checks;
(vi) It shall notify Bizhelp promptly of any change in the nature of its business or any information provided to Bizhelp;
(vii) It shall assign competent personnel to coordinate with and provide requisite information to Bizhelp;
(viii) Bizhelp shall follow the positions and rates adopted by the Customer, however such adoption shall not be considered as Bizhelp's acceptance or validation or correctness of the positions adopted by the Customer;
(ix) Bizhelp will rely on the information or documents or data provided by the Customer and the Customer shall be solely responsible for any consequences that may arise from delay in provision of such information or any incompleteness or inaccuracy in the information provided;
(x) Bizhelp does not provide tax, legal or Bidding related advice and Bizhelp's services are not intended to provide, and should not be relied on for, tax, legal or Bidding related advice, and Bizhelp disclaims all liabilities that may arise thereof.

6.3 The Customer acknowledges and agrees that Assisted Services rendered by Bizhelp shall specifically exclude:

(i) Deposit or payment of Bid related fee liability payable by the Customer, or engage in offsetting of liability on the Customer's behalf;
(ii) Verifying the authenticity, accuracy or completeness of the information provided by the Customer;
(iii) Issuance of any chartered accountant's certificate with respect to Bids, bidding related documents, tax or other related returns, audits or information;
(iv) Any services prohibited to be provided by a company under Applicable Law including the General Finance Act and Rule, and procurement act and rule, Chartered Accountants Act or under the applicable rules, regulations, guidelines and code of ethics of Government Procurement;
(v) Providing any audit, assurance or certification services including those required to be provided exclusively by a chartered accountant or cost accountant, or any professional;
(vi) Expression of any opinion or views as to the manner in which any regulatory, government or judicial authority in India or elsewhere in the world interprets or addresses any issues in relation to the Assisted Services;
(vii) Identification of matters that need consultation or advice or recommendation from a professional consultant or counsel;
(viii) Verification of harmonized system of nomenclature codes or similar codes provided by the Customer;
(ix) Participate in any Bid using the Customer's digital signing certificate.

6.4 Nothing herein shall be construed to mean that Bizhelp warrants or undertakes that the statutory, government authorities, judicial or quasi-judicial bodies will concede or ratify the Assisted Services. Bizhelp will not be responsible for any notices, claims, queries, clarifications, inconsistencies that may be notified by any authority or otherwise. Bizhelp will not be responsible to address any legal matters or questions of law.

6.5 Bizhelp may use external consultants, each of which is a separate and independent legal entity, to provide Assisted Services.

7

Charges and Payment

7.1 Charges. The Customer shall pay the charges specified in Order Forms. Except as otherwise specified herein or in an Order Form, (a) charges are based on the Services and subscriptions purchased and not on actual usage and (b) payment obligations are non-cancellable, and charges paid are non-refundable.

7.2 Invoicing and Payment. Unless otherwise stated in the Order Form, all charges will be invoiced in advance and are payable within Three (3) days from the invoice date. The Customer shall be responsible for providing complete and accurate billing and contact information to Bizhelp and notifying Bizhelp of any changes to such information.

7.3 Unless otherwise stated in the Order Form, all invoices will be sent via email and WhatsApp to the Customer's email address and mobile number registered with Bizhelp.

7.4 If any invoiced amount is not received by Bizhelp within the due date, then without limiting Bizhelp's rights or remedies, Bizhelp may levy interest at the rate of 2% of the outstanding balance per month.

7.5 Suspension of Service. If any invoiced amount owed by the Customer under this or any other agreement for Services is Seven (07) days or more overdue, Bizhelp may suspend Services until such amounts are paid in full, provided that, Bizhelp will give the Customer at least Five (5) days prior notice that its account is overdue before suspending services to the Customer.

7.6 Taxes. Bizhelp's charges do not include any taxes. The Customer shall be responsible for paying all taxes associated with its purchases hereunder.

7.7 If a Customer avails or purchases any Services through a Reseller, then such the Customer shall be liable to pay for such Services to the Reseller. However, the Customer shall continue to be liable to pay for Services purchased directly from Bizhelp.

7.8 If a Customer avails or purchases any Services through a Reseller and (a) such Reseller notifies Bizhelp of such Customer's failure to pay amounts due to Reseller with respect to a Service; or (b) such Reseller fails to pay any amounts due to Bizhelp; then Bizhelp at its sole and absolute discretion may suspend or terminate the Services being provided to the Customer. The Customer consents to such suspension and termination rights and the Customer's sole recourse with respect to any such suspension or termination shall be against the Reseller.

8

Proprietary Rights

8.1 As between Bizhelp and the Customer, the Customer owns all of Customer's Data and all intellectual property related to Customer's Data. Notwithstanding anything to the contrary contained herein, the Customer hereby agrees, covenants, consents and grants Bizhelp, its Affiliates, and its third-party service providers, all the rights to host, use, process, analyse, derive, store, display and transmit Customer Data including for providing the Services in accordance with this Agreement. Customer represents that it has, and warrants that it shall maintain, all rights as required to allow Bizhelp, its Affiliates and its third-party service providers to compile, use, store, process, analyse, derive and retain Customer Data, including without limitation in combination with other Bizhelp customers' data.

8.2 Subject to the limited rights expressly granted hereunder, Bizhelp shall retain all right, title and interest in and to the Services and all technology utilized by Bizhelp to provide the Services, including any and all patents, copyrights, trademarks, trade names, trade secrets and other intellectual property rights relating to, embodied by, or incorporated in any of the foregoing including any updates, upgrades, enhancements, modifications or improvements made to, or derivatives of, the Services. If the Customer provides Bizhelp with any feedback regarding any Services, Bizhelp may use all such feedback without restriction. No rights are granted to the Customer hereunder other than as expressly set forth herein.

9

Confidentiality

9.1 The Parties shall endeavour to protect Confidential Information. In the context of the relationship under this Agreement, each party ("Disclosing Party") may disclose to the other party ("Receiving Party") certain confidential information that has been marked "confidential" or with words of similar meaning, at the time of disclosure by such party ("Confidential Information"). Bizhelp's Confidential Information shall deem to include, without limitation, the pricing of Services, business proposals, technical documentation, integration methodologies, technical data, methods, processes, know-how and inventions. Confidential Information shall not include information that Receiving Party can show: (a) was already lawfully known to, or independently developed by, Receiving Party without access to, or use of, Confidential Information, (b) was received by Receiving Party from any third party without restrictions, (c) is publicly and generally available, free of confidentiality restrictions; or (d) is required to be disclosed by law, regulation or is requested in the context of a law enforcement investigation.

10

Representations, Warranties and Disclaimers

10.1 Each party represents and warrants that: (a) it is duly organized under Applicable Law and has sufficient authority to enter into this Agreement, (b) the person entering into this Agreement is authorized to sign this Agreement on behalf of such party and (c) the execution and performance under this Agreement does not conflict with any contractual obligations such party has to any third party.

10.2 The Customer represents and warrants that: (i) all information provided to Bizhelp is true, accurate and complete in all respects; (ii) it shall maintain all rights required to allow Bizhelp to compile, use, store, process, analyse, derive and retain the Customer Data; (iii) it has obtained all governmental authorizations, consents and approvals required under Applicable Law; (iv) it shall pay the charges set out under applicable Order Form in a timely manner; (v) it has reviewed the Services of Bizhelp and its purchase and use of the Services shall not be in breach of Applicable Laws; (vi) it is duly authorised to conduct its business under Applicable Laws; (vii) the execution, delivery and performance of this Agreement by the Customer shall not violate or conflict with its organizational or constitutional documents, and shall not constitute a violation of Applicable Law; and (viii) there are no legal, quasi-legal, administrative or other proceedings, claims, actions or governmental investigations pending against the Customer.

10.3 Neither the Customer nor any of its current or former Associated Persons is or has been the subject of any investigation, inquiry or litigation, administrative or enforcement proceedings by any Governmental Authority regarding any offence or alleged offence under Anti-Bribery Laws or Money Laundering Laws, and no notice has been received that such investigation, inquiry or proceedings have been threatened or are pending.

10.4 The Customer is not currently identified on the Specially Designated Nationals and Blocked Persons List maintained by the OFAC and/or on any other similar list maintained by OFAC or any other U.S. governmental agency pursuant to any authorising statute, executive order or regulation; and is not a Person with whom a citizen of the United States is prohibited to engage in transactions by any trade embargo, economic sanction, or other prohibition of United States law, regulation, or executive order of the President of the United States.

10.6 Disclaimer of Warranties. Except as expressly provided herein, the Customer accepts the Services "as is" and acknowledges that Bizhelp makes no other warranty of any kind whether express, implied, statutory or otherwise, and disclaims all implied and statutory warranties, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose or non-infringement. Bizhelp further disclaims any warranty that the Services will meet the Customer's needs or expectation, be error free, or that the operation of the Service will be uninterrupted, or the Service errors be corrected.

10.7 The Customer acknowledges and agrees that Bizhelp does not control the transfer of data over communications facilities, including the internet, and that the Services may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. Bizhelp shall not be responsible for any delays, delivery failures, or other damage resulting from such problems.

10.8 The parties agree that Bizhelp shall not be responsible for any issues related to the performance, operation or security of the Services that arise from Customer's applications or third-party applications. Bizhelp does not make any representation or warranty regarding the reliability, accuracy, completeness, authenticity, merchantability, non-infringement, correctness, or usefulness of the information and data, third-party applications or services, and disclaims all liabilities arising from or related to the information and data, third party applications or services.

10.9 For any breach of the services warranty, the Customer's exclusive remedy and Bizhelp's entire liability shall be the correction of the deficient services that caused the breach of warranty, or, if Bizhelp cannot substantially correct the deficiency in a commercially reasonable manner, customer may choose to end the deficient services.

11

Indemnification

11.1 Notwithstanding anything contained in this Agreement, the Customer shall defend, indemnify and hold harmless Bizhelp (and its affiliates, officers, directors and employees) upon demand from and against any and all damages, actions, proceedings, claims, demands, costs, losses, liabilities, diminution in value, loss of earnings, profits and revenue, opportunity costs, expenses (including court costs and reasonable attorneys' legal fees) in connection with, arising out of, or in relation to:

(i) breach or non-compliance of its obligations, consents, grants, undertakings, representations or warranties;
(ii) misrepresentation, negligence, fraud, wilful concealment and misconduct;
(iii) misuse of the Services and products of Bizhelp for any illegal or unauthorised purposes;
(iv) any injuries to persons or damage to property, body, business character, reputation including theft, resulting from the acts or omissions of the Customer;
(v) any claims by a third party on Bizhelp for the acts committed or omitted by the Customer;
(vi) any violation of municipal, state or central laws governing the Services and products or their sale, that may result from such act or omission by the Customer.

12

Limitation of Liability

12.1 IN NO EVENT, BIZHELP, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS, SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR DATA USE, ARISING OUT OF, OR RELATING TO, THE SERVICES OR THE ARRANGEMENTS BETWEEN THE PARTIES. NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT, THE CUMULATIVE MAXIMUM LIABILITY OF BIZHELP, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS, WHETHER IN CONTRACT OR TORT OR DAMAGES OR INDEMNIFICATION CLAIMS OR NEGLIGENCE, BY STATUTE OR OTHERWISE, INCLUDING ARISING OUT OF THE WORK OR DELIVERABLES OR SERVICES COVERED BY THIS AGREEMENT, AND REGARDLESS OF THE THEORY OF LIABILITY, SHALL BE LIMITED TO PAYMENT OF INCURRED AND SUFFERED DIRECT DAMAGES ONLY AND SHALL IN NO EVENT EXCEED TWENTY FIVE PERCENT (25%) OF THE CHARGES RECEIVED BY BIZHELP, FROM THE CUSTOMER.

13

Term and Termination

13.1 Term. This Agreement commences on the date the Customer first accepts it and, unless terminated earlier in accordance with the terms of this Agreement, shall continue until all the Subscription Services hereunder have expired or the Services have been rendered.

13.2 Term of Subscriptions. The term of each subscription shall be as specified in the applicable Order Form ("Initial Term"). The subscriptions will automatically renew for additional periods equal to the expiring subscription term ("Renewal Term"), unless (a) a renewed Order Form is executed with revised terms and charges, or (b) either party notifies the other party, no less than five (05) days prior to the end of, the Initial Term or any Renewal Term, that it has elected not to renew, or (c) Bizhelp intimates revision in the terms and charges post the Initial Term. Unless otherwise stated in an Order Form, the renewal charge shall increase by ten (10) percent of the applicable charges in the immediately preceding Order Form.

13.3 Termination. Bizhelp may terminate this Agreement (a) if the Customer commits a breach of any of the terms and conditions of this Agreement, which if capable of cure or remedy, is not cured or remedied by the Customer, within a period of Five (07) days from the date of issue of notice by Bizhelp, or (b) by providing Five (05) days prior written notice to the Customer. Non-payment of invoiced amount within the applicable due date shall constitute material breach of this Agreement. Bizhelp may terminate this Agreement forthwith in the event (a) the Customer acts in violation of Applicable Law, (b) the Customer is adjudicated bankrupt, or if a receiver or a trustee is appointed for it, or (c) liquidation proceedings are initiated either voluntarily or compulsorily against the Customer.

13.4 Effects of Termination. Upon any termination or expiration of this Agreement, Bizhelp will cease to provide the Services and all outstanding charges due under an Order Form shall be required to be paid immediately. All charges due under an Order Form are non-cancellable and non-refundable.

13.5 Notwithstanding anything contained in Clauses 13.1 – 13.4, the term of Services purchased and/or availed by the Customer through a Reseller shall be as specified in the document executed between Reseller and Bizhelp.

13.6 The Customer agrees and consents that Bizhelp may refer to it as a customer of Bizhelp in its communications and marketing materials, including by displaying the Customer's name and logo on Bizhelp's website and other marketing materials.

14

General Provisions

14.1 Third-Party Service Providers. Bizhelp may use third-party service providers, including application service providers, hosting service providers and system integrators for rendering Services.

14.2 Force Majeure. Bizhelp shall be excused from performance hereunder, without any liability, to the extent that performance is prevented, delayed or obstructed by circumstances beyond its reasonable control, including but not limited to an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem, Internet service provider failure, denial of service attack, a virus attack, emergency maintenance upgrades or government restrictions.

14.3 Third-Party Failures. Bizhelp shall have no responsibility or liability in relation to failure of any activity, if such activity has failed or delayed on account of the process of authentication and acceptance of Bidder/s data by GST System or otherwise, including but not limited to, failure or delay as a result of network or connectivity failure, device or application failure, GeM's System's failure, possible down time at GeM System's end or any other technical or non-technical error of any nature.

14.4 Non-Solicitation of Personnel. The Customer agrees and undertakes that, during the Term and for a period of one year thereafter, it shall not, directly or indirectly, solicit or induce, divert, hire, retain any employee, officer, agent, director, contractor, business partner or such other persons of Bizhelp ("Bizhelp Personnel") or any former Bizhelp Personnel engaged with Bizhelp in the preceding twelve months.

14.5 Non-Solicitation of Customers. The Customer agrees and undertakes that, during the Term and for a period of one year thereafter, it shall not, directly or indirectly, solicit or induce, attempt to solicit or induce, divert any customer of Bizhelp, for provision of services which are same, similar or compete with the Services.

14.6 Planned Downtime. Bizhelp may shut down the Services to perform planned maintenance or to upgrade the Services. To the extent possible and reasonable, Bizhelp may provide at least 24 hours of notice for such downtime. Emergency maintenance shall be endeavoured to be undertaken during the non-business hours during weekends.

14.7 Anti-Corruption. The Customer agrees and confirms that it has not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from an employee or agent of Bizhelp in connection with this Agreement.

14.8 Entire Agreement. This Agreement along with the Order Forms represents the entire agreement between the Parties regarding the subject matter hereof and supersedes and prevails over any and all other agreements between the Parties. In the event of any conflict or inconsistency among the following documents, the order of precedence shall be: (1) the applicable Order Form, (2) this Agreement and (3) Terms of Use and Privacy Policy.

14.9 Relationship. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.

14.10 Waiver. No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right.

14.11 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of this Agreement will remain in effect.

14.12 Assignment. The Customer shall not assign any of its rights and obligations under this Agreement without the prior written consent of Bizhelp. Bizhelp may, in its sole and absolute discretion, assign, novate, transfer or otherwise dispose of any or all of its rights and obligations under this Agreement to any of its Affiliates, successors, associates or any other third parties.

14.13 Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. The courts, tribunals, councils, forums and other dispute resolution bodies at New Delhi, India shall have the exclusive jurisdiction to adjudicate upon any or all disputes arising out of or in connection with this Agreement.

14.14 Survival. Clause 1 (Definitions), Clause 7 (Charges and Payment), Clause 8 (Proprietary Rights), Clause 10 (Representations, Warranties and Disclaimers), Clause 11 (Indemnification), Clause 12 (Limitation of Liability), Clause 13 (Term and Termination) and 14 (General Provisions) shall survive termination or expiration of this Agreement.

Contact / Notice

The Customer shall direct notices under this Agreement to the following address:

Registered Address

Attn: Legal Department

Company: Bizhelp Technology and Advisory Private Limited (aka Bizhelp)

Registered Office: 3rd floor, block C-1, plot No.4&5, opposite Metro piller No 773, Dwarka Mor, Block C, Rama Park, Nawada, New Delhi, Delhi, 110059

Corporate Office: 3rd floor, block C-1, plot No.4&5, opposite Metro piller No 773, Dwarka Mor, Block C, Rama Park, Nawada, New Delhi, Delhi, 110059

Customer Support

+91 93102 69560 [email protected]

Mon – Sat: 10:00 AM – 6:30 PM

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Why Choose BizHelp – India's Trusted GeM Portal Consultant?

New Delhi-based GeM portal service provider with pan-India reach

BizHelp is a registered GeM portal consultant in New Delhi offering end-to-end government procurement support to MSMEs, startups, and established businesses across India. By agreeing to this service agreement, you gain access to our complete suite of GeM portal services — all under one roof.

📦 GeM Catalog Management Service

Correct category mapping, product listing optimization, pricing strategy, and full compliance with GeM portal guidelines — increasing your visibility to government buyers across India.

✅ GeM Vendor Assessment Help

We guide businesses through the GeM vendor assessment process — documentation, compliance checks, and timely submission — so you clear assessments without hassle.

📋 GeM Bid Submission Service

Our government tender consultant team identifies, prepares, and manages GeM bids on your behalf — maximizing your chances of winning government contracts.

Frequently Asked Questions – BizHelp GeM Services

Q: What GeM portal consultant services does BizHelp provide under this agreement?

BizHelp provides a full range of GeM portal consultant services including GeM registration, GeM catalog management service, GeM vendor assessment, GeM bid submission service, GeM OEM panel registration, and government tender consultancy — all governed by this Master Service Agreement.

Q: Is BizHelp a registered GeM portal service provider in India?

Yes. Bizhelp Technology and Advisory Private Limited is a registered company operating from New Delhi, India, providing GeM portal consultant services to MSMEs, startups, and businesses across India with full compliance under the IT Act 2000 and applicable Indian laws.

Q: What is included in BizHelp's GeM catalog management service?

Our GeM catalog management service covers product/service listing on GeM portal, category mapping, specification writing, image compliance, pricing optimization, and ongoing catalog updates to ensure maximum visibility to government buyers across India.

Q: How does BizHelp's GeM vendor assessment help work?

Our GeM vendor assessment help includes document preparation, compliance review, and guided submission through the GeM portal's assessment process — ensuring your business meets all criteria to qualify for government procurement orders.

Q: Where is BizHelp located and do they serve clients outside Delhi?

BizHelp is headquartered at Dwarka Mor, New Delhi, Delhi 110059. As a government tender consultant, we serve clients pan-India — offering GeM portal consultant services remotely to businesses in all states and territories of India.