Memorandum of Understanding

This Memorandum of Understanding is made on at between:

1. Sharp Computers, a sole proprietorship of Santosh Suryawanshi, having its place of business at Nashik, Maharashtra, India, the owner and operator of Sharp Test Series (https://sharptestseries.in) — hereinafter "the Service Provider";

2. , having its address at , represented by , — hereinafter "the Institute".

Both parties agree as follows.

1. What the Service Provider will give

1. Access to Sharp Test Series for the number of students named in Annexure A, for the exams named there.
2. An administrator login for the Institute and a separate login for every student on its list.
3. Use of the checked question bank for the chosen exams, and the ability for the Institute to import its own questions.
4. Tests that the Institute creates itself — chapter-wise, full syllabus, or in the exam pattern — with results, subject-wise Percentile, Rank and an explanation for every wrong answer. Percentile and Rank open once 20 or more students have taken the same test.
5. The Institute's name and logo on the student dashboard, on results and on printed question papers.
6. Unlimited offline question papers with OMR sheet and answer key for the term, unless Annexure A says otherwise.
7. Setup help, and support on WhatsApp and email during Monday to Saturday, 10:00 AM – 7:00 PM IST, with a reply normally by the next working day.
8. New questions added to the bank through the term at no extra cost.

2. What the Institute will do

1. Give the student list in the format asked for — name, roll number, class, mobile and email — and keep it correct.
2. Give its logo as an image file for use on its own pages and papers.
3. Name one teacher as coordinator for tests, results and support.
4. Tell its students and their parents that the tests are taken on this platform.
5. Make sure logins are used only by the student they belong to, and not shared outside the Institute.
6. Pay the fees in Annexure A before access starts.

3. Fees and payment

1. The fee is per student for the term, at the rate written in Annexure A.
2. Payment is made online (UPI, card or net banking), or by cheque, demand draft or NEFT/RTGS against the payment challan issued by the Service Provider.
3. Access starts once the payment is received, and a receipt is emailed to the Institute.
4. Sharp Computers is not registered for GST. No GST is charged on these fees and no tax invoice is issued.
5. Students added during the term are charged at the same per-student rate, for the part of the term that is left.
6. The rate in Annexure A is agreed for this term only.

4. Term

1. This agreement runs for 365 days from the start date in Annexure A.
2. At the end of the term, access stops unless the Institute renews. Renewal is at the rates in force on that day.
3. Results and student data are kept for 90 days after the term ends so that a renewal loses nothing. After that they may be deleted.

5. Questions, papers and ownership

1. The question bank, the papers generated from it, the OMR sheets and the platform remain the property of the Service Provider.
2. Questions the Institute imports remain the property of the Institute. They are visible only to the Institute, and the Service Provider does not use them for any other college.
3. The Institute may use the papers and OMR sheets for its own students only. They may not be sold, published, uploaded to any public site, or given to another institute.
4. Neither party may use the other's name or logo in advertising without written permission, except that the Institute's name and logo appear on its own platform pages and papers as described above.

6. Student data and privacy

1. Student data is used only to run the tests and show results. It is never sold, rented or shared for advertising.
2. The Service Provider follows its published Privacy Policy, which forms part of this agreement.
3. On written request after the term ends, the Service Provider will delete the Institute's student data.
4. The Institute confirms it has the right to share the student data it gives, and has informed students and parents as required.

7. Support, uptime and limits

1. The platform is provided on a best-effort basis. Short breaks for maintenance, and breaks caused by internet or hosting failures, do not amount to a breach.
2. The Service Provider does not promise any particular exam result, rank or score for any student.
3. The total liability of the Service Provider under this agreement is limited to the fees actually paid by the Institute for the current term.
4. Neither party is liable for a failure caused by something outside its control — floods, fire, power or internet failure, strikes, or orders of a government or examination authority.

8. Cancellation and refund

1. Once access has started, fees are not refunded. The published Cancellation & Refund policy applies and forms part of this agreement.
2. Either party may end this agreement by 30 days written notice. Fees for the period already used are not refunded.
3. The Service Provider may stop access immediately if logins or papers are shared or sold outside the Institute, after telling the Institute in writing.

9. General

1. Any change to this agreement must be in writing and signed by both parties.
2. The fees and terms agreed here are confidential between the parties.
3. Notices may be sent by email or WhatsApp to the addresses written below, and are treated as received the next working day.
4. This agreement, with Annexure A and the published Terms, Privacy and Refund policies, is the whole agreement between the parties.
5. This agreement is governed by the laws of India, and the courts at Nashik, Maharashtra have jurisdiction. Both parties will first try to settle any dispute by discussion.

Annexure A — the plan agreed

Signed

Both parties have read this agreement and sign it in two copies, each party keeping one.

Sharp Computers · Nashik, Maharashtra, India · Printed from https://sharptestseries.in/mou.php