TechCurators and SME Contract
SME will provide TechCurators with services as outlined in the specifications listed below:-
Recitals:
1. TechCurators has requested SME to prepare, write, create, or develop certain materials or works.
2. The materials or works SME has been requested to create/review are (Type of Questions) (as mentioned in
Annexure 1). Here it is called THE WORK.
3. SME desires to undertake and complete THE WORK upon payment of a fee as detailed in the Payment Section in
Annexure 1.
Agreement:
IT IS THEREFORE AGREED AS FOLLOWS:-
1. The SME confirms that he/she has NOT engaged in plagiarism. Plagiarism is the use or close imitation of the
language and thoughts of another SME and the representation of them as one's own original work. The SME
further acknowledges that THE WORK is original, free from plagiarized content and will not knowingly provide any
copied material. The SME understands that if plagiarism is subsequently discovered in the preparation of the
WORK, TechCurators will not be responsible for any unethical business practices pertaining to any and all sales
related to THE WORK. The SME takes full responsibility for any legal issues that may arise in the future that
pertain to THE
WORK.
2. Subject-Matter Experts hereby grant TechCurators and its affiliates a worldwide, exclusive, royalty-free,
transferable right and license to reproduce, distribute, publicly perform, offer, market, and otherwise use and
exploit the Content.
3. The SME will be paid a fixed sum (Refer Appendix 1) as per accepted question for the services rendered provided
the SME is able to meet the timelines promised in the agreement.
Delivery Timelines – As mutually decided between SME & TechCurators.
4. A question will consist of the question text which may or may not include pictures, four to five answer choices, the
correct answer, answer explanation, the level of difficulty, tags that are provided by TechCurators, group
information in case a bunch of questions are together and time required to answer the question. TechCurators
will provide a standard template to add this question information.
5. With respect to all information disclosed between the parties on or after the date of this Agreement, this constitutes
the entire understanding and agreement between the parties as to its subject matter and supersedes all proposals
and prior discussions and writings between the parties with respect thereto. The parties agree that this Agreement
cannot be altered, amended or modified, except by a written document, signed by an authorized representative
of each party. Each provision of this Agreement is a separately enforceable provision. If any provision of this
Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the
minimum extent necessary in order for this Agreement to remain in effect, in accordance with its terms as modified
by such reformation.
6. The TechCurators name and logo are trademarks of TechCurators, and may not be copied, imitated, or used, in
whole or in part, without the prior written permission of TechCurators.
Confidentiality :
1. Definition of Confidential Information: It means information of a confidential nature (regardless of the form or
medium in which it is disclosed or stored) including, but not limited to, trade secrets or confidential operations and
extends to information relating to the TechCurators (or any of its subsidiaries): business; processes; strategy;
operations; specifications; technology; know-how; organization; business affairs; finances; dealings; transactions;
customer, client and supplier lists or other information whether relating to the TechCurators or any customer or
supplier to TechCurators and any such similar information which the Agency has come to know, has received, or
obtained by reason of or pursuant to this Agreement.
2. The Subject-Matter Experts agree, both during the duration of this Agreement and after its termination, to keep
confidential and not divulge, communicate to any person, or make use of, and use best endeavours to prevent
the publication or disclosure of all Confidential Information save that this restriction shall not apply to Confidential
Information that is already in the public domain through no fault of Subject-Matter Experts at the time of the
Agency’s disclosure;
3. Breach of Confidentiality: The Agency acknowledge that it will be impossible to measure the damages that would
be suffered by TechCurators if the Subject-Matter Experts fail to comply with the Confidentiality agreement in this
Contract and that in the event of any such failure, TechCurators will not have an adequate remedy at law.
TechCurators shall, therefore, be entitled (in addition to any other rights and remedies) to obtain specific
performance of the Agency’s obligations here under and to obtain immediate injunctive relief without having to
post a bond.
Governing law and jurisdiction
This contract and any other (non-contractual) obligations arising out of or in connection with it, are governed by
and construed in accordance with the laws of India. All disputes between the SME and TechCurators (whether or
not such dispute involves a third party) with regard to the SMEs relationship with TechCurators, shall be submitted
exclusively to the competent court of law in New Delhi, India.
ANNEXURE 1
Description of the Work
(Questions Creation)
Freelancer will be responsible to create or review questions which mainly comprises of MCQs. (Varies on
requirements)
Pricing/Rates
1. [Insert prices discussed – include rates for changes and revision work]
2. Invoices should reach your respective Project Managers before 15th and 30th of each month. The payments will
then be cleared within the next 72 hours.
3. Half of the payment will be dispatched after creation and proofreading of the questions, and rest half will be given
after the client approval and modification.
4. Standard TDS deduction will be made on all the invoice amounts.
Contract in effect beginning: [Insert Start date]
General Guidelines:
Other Terms & Conditions
1. AUTHOR to submit questions in the format shared by the TechCurators.
2. SME to ensure timely delivery of assignments. A penalty of 10% will be imposed on the total cost on and
after the third instance of late submission of work, where late submission means up to three days of delay.
3. A question will be deemed unacceptable if:
o
it contains plagiarized content.
o
the answer given for the question is incorrect.
o
it is a repeat/duplicate of a question submitted earlier or in the same sheet.
o
it is not technically sound or correct in cases of technical questions.
o
it is not relevant or related to the topic given.
o
Please note that the options should not have “none of the above”, “all of the above “, “true/false”.
4. Payment will be made only for accepted questions. If more than 50% of the questions in a single assignment are
unacceptable, no payment will be made for the assignment.
5. Language of the questions should be error free and instructionally correct. This includes spellings, grammar, and
technical correctness of a question.
6. Any penalties, when levied, will be made known to the AUTHOR before the payment is processed.
7. Please keep updating your respective Project Manager when you create the questions.
8. If there is any unavailability from the SME side, he/she must inform the Project Manager priorly.
Acceptance Criteria
Content Originality:
Any copied/plagiarized question identified in a submission will be rejected with a warning and the SME would be required
to re-submit new questions against the rejected ones. No copied content would be accepted in the second submission,
and it would be rejected. In case the SME submits plagiarized content, then such SME may be blacklisted permanently
and such SME’S access to TechCurator’s portal would be retracted. “No Payment” would be made to the SME against
the plagiarized content.
Content Relevancy and Coverage:
No irrelevant content would be accepted and entertained. AUTHOR would not be given any further projects by
TechCurators and may also be penalized for such substandard work. The AUTHOR’S work must contain the content
required and expected and must meet all the objectives as laid out and informed by TechCurators to the AUTHOR. If the
content does not conform to the specifications, then the WORK shall be deemed not accepted. “No Payment” would be
made to the AUTHOR if the content is found to be irrelevant or has less coverage of the subject.
Content Language Appropriateness & Accuracy:
The language of the content/question has to be appropriate and as per industry standard and must not carry any
grammatical mistake, denotation, connotation, usage of the words, adverbs, adjectives, prepositions, articles, phrases,
tenses, etc.. The content of the WORK must be accurate as per industry standard and if it is not as per the industry
standard, then a penalty of 5% of the fees shall be levied on the SME.
DETAILS :SME Name : ___________________
Account No. : ________________________
IFSC Code : ___________________________
Bank Name : ___________________________
Account Holder’s Name : _____________________________
PAN Card No. : ______________________________
Email ID : ______________________________
Signed on behalf of TechCurators
Signed by the SME