Terms and Conditions

This document is an electronic record in compliance with the Information Technology Act, 2000 and the rules and the regulations framed thereunder as applicable and the amended provisions. This electronic record is generated by a computer system and does not require any physical or digital signatures. By accessing and availing the products of B2K Analytics as given below you agree to the terms and conditions set forth below including any additional guidelines and future modifications thereto.

These terms and conditions constitute a legal agreement between the B2K Analytics Private Limited or B2K or the Company and the buyer or the Client who purchases its products and services such as MSME Performance Grading, Due Diligence, B2K Verified and any other products/services offered on the Company’s website which may also be referred to as the Website in this document.

B2K offers the following products/services guided by the terms and conditions as mentioned in any part of this document as may be relevant. The products/services offered may be subject to changes at any point in time as may be decided by the company and the terms and conditions of this agreement will be accordingly amended and uploaded on the Website as may be applicable.

  • MSME Performance Grading
  • Due Diligence
  • B2K Verified
Fees
  1. Client shall pay the specified Fees for the product/service he wants to buy and thereby requests B2K for its services under these terms and conditions. Fees do not include taxes and statutory levies which shall be payable by Client in addition to Fees. B2K is not obliged to provide services unless it has received full payment of the fees. The fees once paid by the Client are not refundable.
  2. If the Client deducts income tax at source from the payments it makes under this Agreement (TDS), Client shall comply with the requirements of law, including providing appropriate documentation in a timely manner (TDS Certificate). If Client does not do so, Client shall forthwith on demand, pay B2K, such amount as would after TDS be equivalent to the amount covered by the TDS Certificate not provided by the Client.
Tenure and Validity

This Agreement is valid from the date on which the client purchases the product/service until the completion of a period of 1 year from the date on which the Client receives the Grading / Service as sought from B2K. If the client wishes to renew the product/service after this date, he can do so by purchasing the product again after the validity expires.

Severability

If one part of this terms and conditions becomes unlawful or unenforceable the other parts will remain valid and enforceable.

Governing Law and Jurisdiction

If any dispute arises between the parties then both parties will try to solve the problem amicably. If any amicable decision is not reached then either of the parties can approach the courts. The governing law will be of India and will be subject to the jurisdiction of courts in Bangalore.

Assignment

The buyer of the products cannot assign the contract whereas B2K can assign the contract.

Indemnity

The client will indemnify B2K, its directors, officers and employees, against any costs, loss, damages, claims or expenses incurred or suffered by reason of provision of the services offered by B2K as per this agreement. This clause will survive the termination of this agreement.

Notices

All notices should be addressed to the B2K at the following address or at the email address  info@msme1.in
B2K Analytics Private Limited
3rd Floor, Raj Alkaa Park, Kalena Agrahara
Bannerghatta Road, Bangalore - 560 076

Confidentiality
  1. B2K and its employees/staff and shall maintain in the strictest confidence all confidential information of the client. Confidential information means (i) all non-public information disclosed by one party to the other party in this agreement, provided such information is marked or indicated by the disclosing party to be confidential and (ii) any information which ought reasonably be considered confidential with regard to the circumstances surrounding disclosure, whether or not such information is marked "confidential".
  2. In the event B2K is required to disclose confidential information pursuant to judicial or other government order, it shall, to the maximum extent permitted by law provide the Company with prompt notice prior to any disclosure.
B2K' Covenants
  1. B2K will assign the Grading, prepare the MSME Performance Report or Due Diligence Report or assigns B2K Verified to the Client’s Profile or any other deliverable as per the product/services purchased by the Client in accordance with this Agreement, as it considers appropriate in its professional judgement. The report when issued may be in the electronic form.
  2. The Reports assigned by B2K is based on the current information provided by the Client and / or based on best available information. B2K does not guarantee the completeness or accuracy of the information / data shared by the client. The Reports by B2K is neither a recommendation to sanction / continue / increase / reduce / recall the Bank Loan / Facility Rating nor a recommendation to buy, sell or hold debt or any instrument issued by the Client.
  3. Once the product / service sought is delivered to the Client, B2K has no obligation to keep the Client under surveillance during the Usage Period of such a product/service.
  4. The Services are NOT: (a) an audit or rating of the Client; or (b) recommendation or advice as to investment in or divestiture from the Client’s organisation or as to entering (or not entering) into any transaction with the Client.
  5. At any time during the Usage Period of B2K’ deliverables (which is one year from the date of assignment), B2K may without incurring liability suspend, terminate or withdraw the Grading / Reports / Verified Profile issued to Client at its sole discretion if: (a) B2K becomes aware of, or in its view a Material Event has occurred (and B2K is not obliged to give Client any explanation for such action); (b) an Authority requests or requires B2K to do so; (c) the Charges remain unpaid or overdue or non-realization of the cheque issued by the Client as may be applicable; (d) B2K is of the opinion that circumstances warrant the suspension, termination or withdrawal of its deliverables. Under such circumstances, the Client shall stop using and/or disseminating the deliverables from B2K and take all reasonable and practicable steps to remove these from the public domain.
Client Covenants
  1. The Client shall cooperate with B2K and perform such tasks and obligations as are necessary to enable B2K to provide the Services, including upon B2K’ request from time to time for information / documents / data as the B2K’ Analyst Team handling the assignment may call for from the client as part of the process. (a) Furnishing information, documents, confirmation and declarations as are true, adequate, timely and accurate; (b) arranging for site visits by B2K’ representatives; (c) arranging for and helping to coordinate meetings with Client’s auditors, bankers, suppliers, customers and other third parties.
  2. The Client undertakes to extend full cooperation in promptly providing the said complete information and documents required by the Analyst team within a maximum period of 3 (three months) without which B2K cannot proceed with the exercise. In case of failure to provide the above, the assignment will become infructuous and the Fee paid by the client shall be forfeited.
  3. The Client expressly confirms that they are aware and taken note that the Performance Grading / Due Diligence report or any other such reports assigned by B2K reflect its opinion of the Client’s financial ability to meet, in a timely manner, servicing of financial obligations on the reported entity.
  4. Client acknowledges that B2K will perform Services as an independent professional. Client shall not: (a) question B2K’ methodology or processes used in providing the Services; (b) have an objection to professional decisions made by B2K in: (i) assigning (or not assigning) the Grading / B2K Verified Profile to Client; (ii) the criteria applied by B2K in assigning the Grading or B2K Verified Profile; and (iii) preparing Client’s Performance Grading / Due Diligence / B2K Verified Profile or any other deliverable as applicable to the product/service purchased by the Client .
  5. The Client may use the deliverables from B2K only during the Usage Period which is one year from the date the deliverable is assigned to the Client and subject to this Agreement and not otherwise.
  6. Client shall not misrepresent, make any changes to, obliterate or tamper with any of the Reports / Deliverable of B2K or present any part of either of them out of context.
  7. Client shall promptly notify B2K in writing if a Material Event occurs. Without limitation, any of the following is a Material Event: (i) Commencement of liquidation, winding up, amalgamation or restructuring against or in respect of Client; (ii) Client defaulting on the repayment of any material payment obligations as are due;(iii) Client selling any part of its business (other than routine sales transactions qualifying as revenue in Client’s accounting records); (iv) any of the particulars contained in the Profile / Report (or their underlying data or information) being no longer valid. Though not obliged to, B2K may in the absence of Client’s written notification assume that no Material Event has occurred in respect of the Client.
  8. Client shall promptly draw B2K’ attention (to the extent practicable, by a written notification) to any error or omission of fact contained in the Report after issuance.
  9. Client acknowledges that it may not transfer, novate or assign any part of this Agreement.
B2K - Rights and Duties
  1. Client irrevocably authorizes B2K to: (a) publicly disseminate or permit the dissemination of the Grading / Reports in respect of the Client whether directly or indirectly, by itself or through any third party and through any means; (b) use Client’s Brands in relation to or as necessary for the purpose of exercising B2K’ rights as stated above as well as in B2K’’ marketing material. Client acknowledges that B2K is not obliged to pay Client any payment or compensation of whatever nature for such use.
  2. Client irrevocably gives its consent and authorizes B2K to disclose or provide any Client Material and any information, documents, analyses, or any material prepared, generated, compiled or collated by B2K in the course of providing the Services and any copies of any of the foregoing (together, Permitted Material), if such disclosure is requested, or required by any Authority.
  3. B2K may: (a) use subcontractors or third party service providers in providing the Services; and (b) assign, novate or transfer any part of this Agreement to its affiliates, successors or a third party.
Intellectual Property
  1. As between the parties: (a) all intellectual property rights in: (i) B2K’ Brands; (ii) Grading / Reports / Services assigned by B2K (except to the extent they contain Client’s Brands); belong exclusively to B2K (b) all intellectual property rights in Client Material and Client Brands belong exclusively to Client.
  2. Client consents to B2K storing and using Client Material for the purpose of this Agreement (including sharing with third parties where necessary).
  3. Any goodwill generated by a party’s permitted use of the other party’s intellectual property will inure exclusively to the other party.
Privacy
  1. Client confirms that it has (or shall have) obtained all necessary consents to provide to B2K any personal information of its personnel, representatives or other persons (collectively, Client Personnel) whose details Client may from time to time provide to B2K to permit them to use it as necessary for the performance of this Agreement, receive marketing communications and informational material from B2K, its affiliates and associated third parties.
  2. B2K’ obligations with respect to use the personal information of Client Personnel are set out at, Privacy Policy. Client will comply with applicable privacy laws as to the personal information of B2K personnel, if any.