Negocia Global Pvt. Ltd.

DEFINATIONS

In these Rules unless the context otherwise requires, the following words and phrases shall mean what is given below: “NEGOCIA” means Negocia Global Pvt. Ltd., a company registered under the Companies Act, 2013, having its registered office at 17-Govind Nagar, Delhi Road, Alwar ( RAJASTHAN) Pin Code-301001.

“Negocia Business” means the collective requirements, restrictions and opportunities associated with selling Negocia Products and servicing Customers.

Prime Customer/Direct seller/Distributor – where the context requires both Prime Customer and Direct seller may be referred to as Distributors, however, these specific terms shall have the definitions as given below
“Prime Customer” shall mean and include a person who has signed up on Negocia website through a referral from Negocia Direct Seller. A Prime Customer doesn’t have the rights to create a team of Negocia Direct Seller entrepreneurs.

“Direct Seller” shall mean and include a person who has signed up on Negocia website through a referral from and has completed his KYC . To be appointed as a Direct Seller, a prime customer must purchase some products from Negocia E-commerce website www.negocia.in or from the Negocia shopee within the specified period. Direct sellers upon appointment shall have the sponsoring right to appoint persons to their teams as Prime Customer.

“Negocia Business Tools” means the literature providing information on the Negocia Business, Code of Conduct for Negocia Direct Retailers/Sellers and the Rules of Conduct governing the Negocia Direct Retailers/Sellers.

“Business Plan” means the plan describing Negocia’s Business Opportunity, and guidelines, requirements, procedures and policies, regarding the presentation of Negocia products, the Negocia business, as amended from time to time by Negocia, and which forms an integral part of the Direct seller Contract. Negocia Business Plan is included in the Negocia Business Tools.

CODE OF CONDUCT

The Negocia Rules of Conduct define and establish certain principles to be followed in the development and maintenance of a Negocia Distributorship and the rights, duties, and responsibilities of each Negocia Direct Retailer/Seller.

The Rules are designed to preserve the benefits available to all the Direct Retailers/Sellers under Negocia Business Plan.

Negocia and its Direct Retailers/Sellers have a binding contractual relationship. The terms and conditions of this relationship are set forth in the Negocia Direct Retailer/Seller Application Form, Negocia Business toos, which includes Negocia Business Plan and Negocia Rules of Conduct as amended by Negocia from time-to-time. (Hereinafter referred to as the “Official Documents”)

Negocia may notify all such amendments to the Direct Retailers/Sellers by publication on its website www.negocia.in and other places where possible.

Direct sellers are required to observe the Negocia Code of Conduct at all times. The Company reserves the right to terminate Direct seller ship at any time for any violation. Upon enrollment, Direct sellers are expected to pledge the following :

That I will follow the highest standards of honesty and integrity in the Negocia Business.
I will present the Company's Business plan accurately and honestly, clearly portraying the level of effort required for achieving success. I shall not use misleading, false, deceptive, and/or unfair recruiting practices, including misrepresentation of actual or potential sales or earnings and advantages of the business to any prospective Brand Partner, during interaction with them.
I will not make negative or disparaging remarks about the Company, its products, officers, employees or other people and products. I will be respectful to the Company as well as the direct selling business.
I will not sell the products of Negociathrough retail outlets and any ecommerce website.
I will not encourage direct sellers recruited by me to purchase goods/services/ literature or sales demonstration equipment in unreasonably large amounts.
I will not use the Company's trade name(s), information, literature, advertising material, and gathering of people or other resources including Intellectual Property to introduce and promote interests of any entity other than the Company.
I will strive to ensure that my customers and fellow Direct sellers are satisfied with the Company's products and my services.
I will abide by the Negocia Direct seller’s Rules and Regulations at all times.
I will not resort to any fraudulent act in promoting the Company's business at the expense of the Company and fellow Direct sellers.
During Direct seller ship and thereafter, I will not do anything that may adversely affect the Company, its reputation and business interests.
I shall not use misleading, deceptive, and/or unfair trade practices.
I shall take appropriate steps to ensure the protection of private information provided to me by the consumers.

RULES + REGULATIONS

The following Rules & Regulations of Negocia Global Pvt. Ltd. The Company) are formulated and implemented for safeguarding rights and dignity of the Brand Partners while regulating conduct of business.

In order to mould yourself as a responsible and ethical Direct seller of Negocia, you must understand and abide by the Policies/Rules and Regulations of the Company; any violation of the same can result in termination of your Direct seller ship.

The Company reserves the right to amend its Policies, Rules and Regulations without issuing prior notice or clarification. You are expected to visit the Company's website from time to time and keep yourself abreast with updated policies, rules and regulations.

1. Eligibility to Become a Direct seller

A. Individuals

a. Individuals aged 18 years and above can apply to be a Direct seller of the Company (except the State of Maharashtra where the minimum age requirement is 21 years).
b. The Company has absolute discretion to decide whether to accept or reject an application.
c. Direct seller of the Company is not an agent, representative or employee. The relationship is on principal to principal basis.
d. All applications must be sponsored by an existing Direct seller.
f. Family member (blood relation) of a Direct seller can join the Business with their independent ID if the line of sponsorship is under their family ID.

B. Legal entities (such as HUF, Partnership firms, LLP, Company, Society and Trust)

a. In such cases registration shall be in the name of the legal entity.
b. A copy of the constitution, deed, articles of the association along with certificate of institution/incorporation, as may be applicable for the entity and PAN card should be submitted along with the application form. In cases of HUF, copy of PAN card would be sufficient.
c. Liability and entitlement of such entity is as per law of the land. Incentive payment would be made by the Company in the name of the entity.
d. Any change in constitution of the entity should be intimated to the Company and a fresh application form should be submitted along with the new / updated constitution. Company reserves the right to refuse registration of such new/fresh composition or constitution.
e. Company will communicate only with a person /official duly authorized by the entity under written intimation to the Company in advance.
f. In case of dissolution / winding up / insolvency of the entity, incentive entitlement / arrears, if any shall be released to the successor entity upon submission of proof acceptable to the Company. Claim(s) in this respect shall not be entertained after 90 days from the incident of dissolution / winding up or declaration of insolvency.

2. Incentive payment

Negocia having hybrid generation business plan. There is no first purchase or package system and Incentive will be on monthly basis. Closing will be on 1st of every month and incentive will be paid by NEFT directly in Direct seller’s bank account up to 7th of every month.
Payouts will be issued by the Company to the registered Direct seller’s account as per Company’s policy on monthly basis.
On receipt of monthly payout Direct sellers should check accuracy of computation. Any queries in this respect should be made within 14 days from the date of issuance of payout by the Company. In the absence of such queries the figures mentioned in the statement shall be final and binding up.
It is mandatory for the Direct sellers to provide their address proof and bank details if address and account details are changed. They must also send to us other information as per Company Guidelines if there is any change in their mobile no/email id.
In order to receive Incentive, the Direct seller must mandatorily provide his/her Bank Details to Negocia. In case the Brand Partner fails to provide the Bank Details, Negocia reserves the right to withhold the Incentive amount.

3. Procedures for Dealing with instances of Violation

a) A complaint has to be lodged immediately upon knowing about violation of any Policies/Rules and Regulations of the Company. The complaint must be given in writing by giving details of the alleged violation also he/she must inform his/her upline about the complaint.
b) Upon receiving the complaint, the Company shall immediately notify the Direct seller involved, requesting a swift response by way of a chance to explain his/her case. Company may take appropriate action as per the gravity of the case
c) In case of inadequate information, the Company may request for more details from other party also.
d) If the Company is convinced that the only way to restore normalcy to suspend or terminate Direct seller ship, that will be conveyed in writing a letter to the Direct seller concerned. The letter shall be posted through Registered mail/ Courier to the last known address of the Direct seller as listed in Company's database and the post mark shall be taken as proof of receipt. The Company reserves the right to take necessary action against the terminated Direct seller including seeking compensation, recovery, damages and legal costs incurred, if any. However, the Company reserves the right to amend or modify any part of the above decision if and when such a need is felt by the Company.

4. Renewal of Brand Partnership

1. The Company does not charge any renewal fee. Direct seller ship is discontinued if he resigns and if the resignation is accepted by the Company. The Direct seller ship is terminated by the Company if he does not conduct any Business with the Company for more than two years or for any violations of Company policies.
2. In the above cases the Direct seller is required to put forth his/her claims within one month of the date of the above happenings, thereafter no claim will be entertained. The claims will be settled as per Company's Policy.
3. The limitation period of claiming any amount dues and paid to the Direct seller by Negocia shall be 2 years. No claims after a period of 2 years from the due date shall be entertained by Negocia

5. Know Your Customer (KYC)

A person/entity who completes the KYC (Aadhar Card, Driving License, Voter ID Card, Passport, or any other identity document(s) issued by any State Government or the Central Government, which can be verified) formalities and fills the Direct seller Application + Agreement Form (The “Applicant”) shall be assigned an Applicant Number. The Applicant Number shall be valid for 40 days and the Applicant shall be confirmed as a Direct seller pursuant to it carrying out atleast one transaction within 40 days from the date of submission of the Direct seller Application + Agreement Form.

6. Submission of Direct seller Application Form

The prospect will fill the Direct seller Application Form (DSAF) online and uploads the scanned copy of signed DSAF along with KYC documents on the Company’s website.
The Brand Partner can commence Business with the Company only after KYC has been completed and approved However, if the Direct seller does not submit the copy of DSAF with signatures (to be verified with Passport/Driving License/PAN) within 60 days of joining online, the Direct seller’s ID will become invalid.

7. Representations Made by The Direct sellers

Direct seller(s) shall not exaggerate or misrepresent benefits associated with the Company and the Company's products and services.
Direct seller(s) must know and convey that earnings come only through hard work, commitment and consistent efforts.
Direct seller(s) shall not make claims other than what is mentioned in the Company's plans and literature about products, quality and earnings. Company has the unconditional rights to take any and all actions including seeking damages for Direct seller's action / inaction inviting and causing ill repute / loss to the Company for misdeclaration or misrepresentation.

8. Labeling, Packaging and Pricing

The product description, labeling, pricing and packaging done / determined by the Company is final and sacrosanct. No alteration is permissible in these. Direct seler(s) are not authorized to relabeling, repacking, and alter description or sale loose products or in a form not originally caused by the Company or at a price not fixed by the Company. Allegations against Direct seller(s) for contravening this rule shall be investigated and appropriate action will be taken by the company

9. Cross Sponsoring/Multiple IDs

Signing up an existing Direct seller from another group.
Signing up the wife in another group when the husband is already a Direct seller or vice versa.
Signing up under another sponsor to operate his/her new Direct seller ship when his/her previous Direct seller ship is still valid.
Allowing other people or relative to use his/her Direct seller ship to do business.
If family member (blood relation) joins the business with their own ID but their line of sponsorship is not under their family ID, then such a case will be treated as cross sponsoring and the ID taken by such family will be terminated.

In the event of Cross Sponsoring or in the event of a Direct seller using a second or multiple IDs, the following procedure shall be followed:

10 Place Order

The Direct seller has to place order within 40 days of joining. If the order is not placed then it will result in Direct seller's application not being accepted by the Company and the ID will be rendered invalid.

11. Inactive Direct Seller

Irrespective of the level attained, if a Direct seller does not place any order in preceding Two Years, then he/she will be termed as an 'Inactive Direct seller' and the Company reserves the right to take a decision (including termination) regarding his/her Direct seller ship. After completion of inactive period the Direct seller can join under any of the Direct sellers, following the termination of the earlier ID.

If any Direct sellerr takes a second ID for himself/herself or under their 'Family' after an inactivity period of Two Years, then their first ID will be treated as invalid.

**Appearance in any form of meetings, seminars, etc, within six months of resigning, will render the resignation of the Direct seller in question nullified due to violation of the inactivity rule. The Direct seller's “cooling off ” period of six months will be recounted from the date of the second ID's termination.

12. Expiry/ Cancellation/ Resignation/ Succession of Direct seller ship

a. (i) Any Direct seller, may resign from Direct seller ship by submitting an application and required documents. Acknowledgment of receipt of such communication constitutes resignation. A person who resigns and his Direct seller ship is cancelled / terminated may reapply for Direct seller ship only after lapse of a period of six months (cooling period) from the date of resignation / cancellation of his / her last Direct seller ship.
(ii) Any Direct seller who is a Diamond or above, after resigning, can apply to the Company for a fresh Direct seller ship only after an cooling-off period of one year. The fresh Direct seller ship may be granted by the Company after reviewing the application. In such cases the person cannot have any claim whatsoever over the downline(s) / business he/she had prior to reapplication for Direct seller ship.
b. In case a Direct seller resigns for certain unforeseen circumstances, subject to Company's satisfaction, he/she may transfer the Direct seller ship to his/her blood relative only (proper proof and documentation required).
c. Direct seller ship in ordinary circumstances expires upon death or proven incapacity of the Direct seller. However, nominee of the deceased upon evincing interest to succeed Direct seller ship may be allowed by the Company. In cases where the nominee does not come forward till 3 months from the date of death or incapacitation of the original Direct seller as the case may be, successor of the deceased upon submitting appropriate documentation and evincing interest to succeed Direct seller ship may be allowed by the Company. However, under no circumstances such Direct seller ship will be entertained after 6 months from the date of death or knowledge of incapacitation of the Direct seller either from nominee or successor
d. Direct seller ship may be cancelled/terminated, declared unclaimed or suspended by the Company for the reasons mentioned in the Company's Policies/Rules and Regulations.

13. Marriage

The Direct seller who are married to each other, shall separately intimate to the Company about their marriage within 30 days from the date of their marriage. Subject to conditions of other sub-clauses of this clause one amongst them ought to resign within 30 days from the date of marriage, failing which Direct seller ship of both Direct sellers shall be cancelled. Original downline structure of the Direct seller who resigns for reasons of marriage in terms of this sub-clause shall remain unchanged.

14. Separation

In case of divorce amongst couples having Direct seler ship through 'partnership firms' formed as aforesaid, benefits of Direct seller ship itself shall be apportioned or transferred as the case may be in terms of the 'deed of partnership'. Such changes in Direct seller ship of the 'partnership firm' shall be caused by the Company only on completion of 90 days after receipt of the 'decree of divorce' granted by a competent court. The Direct seller ship of the partnership firm of the couple shall be put under suspension with effect from the date of commencement of divorce proceedings between the couple and during pendency of divorce proceedings, the Company in its discretion, may as a special arrangement, allow (without insisting upon lapse cooling period) both parties do Negocia business separately as freshly appointed Direct sellers. After the judgment of the court, the suspension of the spouse in whose name the court has approved for Direct seller ship to be continued, can continue as a Direct seller, and the partnership will stand dissolved. In case the judgment is silent on the issue, the Direct seller ship under partnership will stand terminated. In cases where a married couple is Direct seller and co-Direct seller and any of them files a petition for divorce, the Company shall only consider the Direct seller as its principal Direct seller and no rights shall accrue to the co-Direct seller except when a decision is taken on the issue of succession of Direct seller ship by an appropriate court (whether interim or final). However, this shall be subject to a final decision by the Company.

15. Waiver

a. The failure of the Company to exercise any rights stated in the Company Rules and Regulations or in the Direct seller Application Agreement shall not constitute a waiver of the Company's rights to demand exact compliance therewith.
b. Any waiver by the Company can and shall only be affected in writing by authorized personnel of the Company.

16. Prohibited Act

Incur any liabilities or Debt in the name or on behalf of the Company.
Enter into, modify or alter any contract in the name of the Company.
Engage itself or show interest directly/indirectly as agent, servant or licensee for sale of any product/ goods other than those of the Company, in any trade, business or profession in competition with the Company.