The document is an offer letter from Focus Edumatics Private Limited to Srija Thota for a training period to become eligible for freelance/contract employment. Key details:
- The training period is from October 9, 2023 to November 6, 2023 and Srija will work remotely.
- Srija is not considered an employee and will not receive wages or benefits during the training period. Upon completion, the company may pay a one-time training stipend at its discretion.
- Srija must keep all company information confidential and intellectual property developed during the training will be owned by the company.
- By accepting the terms, Srija agrees to abide by all company policies and Indian
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FOCUS.pdf
1. #31, 4th Floor,Hebbal Outer Ring Road,
Bhadrappa Layout, Nagashettyhalli,
Bangalore, Karnataka 560094
Page 1 of 5
October 6, 2023
Dear Srija Thota:
On behalf of Focus Edumatics Private Limited (“Company”), I am pleased to offer you the opportunity
to undergo specialised training to acquire the necessary knowledge and skills to be eligible for
Freelance/Contract employment with the Company. In this regard, this letter sets out the terms and
conditions of your training with the Company:
1. TRAINING
1.1. Your training with the Company shall be effective from October 9, 2023 and shall cease on
November 6 2023, or such other date as may be decided by the Company, unless
terminated in accordance with paragraph 8 hereto (“Training Period”). Your supervisor
during the Training Period shall be Mr.Arunkumar N. Your designation during the Training
Period will be Freelance/Contract Tutor Trainee in Tutoring Operations.
1.2. During the Training Period, you shall be working Remotely at your convenient location
including your home. As part of your training, you may be required by the Company to
travel within or outside your home state for Documentation and verification purpose only.
2. RELATIONSHIP
2.1. It is clarified that, at no point in time during the course of your training, you will be
considered an employee of the Company. This letter is not a contract of service and does
not create an employment relationship between you and the Company. Please note that
your eligibility for the contract employment with the Company would be subject to
successful completion of your training.
3. STIPEND AND EXPENSES
3.1. For the Training Period, you will not be entitled to any wages or stipend, social security
benefit, or contractual payment, from the Company. Upon completion of the training and
subject to Contract employment being offered with the Company, the Company may, at its
own discretion, decide to pay you a one-time training stipend, which will be subject to
adjustments and statutory withholdings. Such payment will not amount to wages or salary
and is only intended to assist you to some extent in bearing any costs you may incur during
the Training Period.
3.2. All amounts received by you from the Company will be subject to tax deduction at source, if
applicable, under the provisions of the Income-tax Act, 1961, and the rules made
thereunder.
4. HOURS OF TRAINING
2. #31, 4th Floor,Hebbal Outer Ring Road,
Bhadrappa Layout, Nagashettyhalli,
Bangalore, Karnataka 560094
Page 2 of 5
4.1. The hours of training shall be as prescribed by the Company. You are expected to adhere to
the same during the Training Period.
5. COMPANY POLICIES
5.1. As a trainee of the Company, you must abide by the rules and regulations of the Company
and applicable law, including without limitation to the Company’s policies, to the extent
applicable to you.
6. TERMINATION
6.1. Your training with the Company shall automatically terminate without any further act or
obligation by the Company on completion of the Training Period or if you are unable to
successfully complete the training assessment provided to you by the Company.
6.2. Your training can be terminated by the Company at any time during the Training Period by
giving you 3 day’s termination notice in writing or without prior notice, as the Company may
deem fit.
6.3. The termination of your training shall be without prejudice to any right that the Company
may have in respect of any breach by you of any of the provisions of this letter that may
have occurred prior to such termination.
6.4. Notwithstanding any other provision of this letter, the Company may terminate your
training without prior notice at any time if you commit any act of dishonesty,
misdemeanour, negligence, fraud, wilful disobedience, misconduct, or breach any Company
policy.
7. CONFIDENTIALITY
7.1. You acknowledge that during the course of your training with the Company, you will have
access to Confidential Information of the Company and/or affiliates and/or received by the
Company from third parties, which is confidential to the Company and/or affiliates and/or
such third parties. You shall forever hold the Confidential Information in confidence and
shall not publish, disclose, or disseminate it, at any time, to any person or competitor of the
Company or affiliates; or use for any purpose any Confidential Information other than such
purposes as shall be required to fulfil your duties with the Company, or remove any
Confidential Information, in whole or in part, from the Company’s premises.
7.2. For the purposes of this letter “Confidential Information” means and includes,
information which is confidential and proprietary to the Company and/or affiliates and/or to
certain third parties with which the Company and/or affiliates has relationships, and
disclosed to or obtained by you from the Company and/or affiliates and/or such third
parties, whether (without limitation) in graphic, written, electronic or machine readable
form on any media or orally and whether or not the information is expressly stated to be
confidential or marked as such and includes, but is not limited to information of value or
significance to the Company and/or affiliates and/or its competitors (present or potential)
such as Company’s intellectual property; content; data; techniques; plans; designs;
programs; customer information; identity and job descriptions of Company personnel; the
Company’s organizational structure; financing relationships or terms; service provider or
vendor relationships or terms; processes; methodologies; compensation or bonus data; the
terms of this letter; or other information not in the public domain pertaining to business or
3. #31, 4th Floor,Hebbal Outer Ring Road,
Bhadrappa Layout, Nagashettyhalli,
Bangalore, Karnataka 560094
Page 3 of 5
affairs of the Company or of any of its affiliates; but does not include information that is in
the public domain other than by yours breach of this letter and/or of any other agreement
to which you are bound by.
7.3. You are prohibited from making or causing to be made any disparaging, denigrating,
derogatory or other negative, misleading, and/or false statements about the Company or its
business, either orally or in writing, in any form of content (video, text, image, audio, etc.) on
any medium including, but not limited to, social media platforms.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. All Intellectual Property you create, prepare, or develop in the Training Period (“Work
Product”) shall ensue to and be the property of the Company and you waive and agree not
to assert any “moral rights” in the Work Product. You hereby assign to the Company, in
perpetuity, all world-wide right, title and interest that you have or may have or claim to have
in and to all Work Product and any patents, copyrights, trademarks, and other intellectual
property rights embodied in the Work Product, free of all liens, claims, encumbrances,
licences and restrictions, provided that rights in all Work Product shall vest in the Company
to the extent provided by law. Further, you hereby agree to waive any right to and refrain
from raising any objection or claims pursuant to Section 19(4) of the Copyright Act, 1957.
You agree to execute such documents as the Company may deem reasonably necessary to
effectuate its rights in the Work Product.
8.2. The Work Product shall be the property of the Company and you shall take all steps as may
be necessary and reasonably required by the Company, at the sole expense of the
Company, to ensure that the Company obtains complete and exclusive legal title to any
such work, invention or improvement
8.3. For the purposes of this letter the term “Intellectual Property” shall include, but is not
limited to, trademarks, service marks, trade names, domain names, designs, patents, petty
patents, utility models and like rights, in each case whether registered or unregistered and
including applications for the grant of any of the foregoing, copyrights (including, without
limitation, rights in computer software and databases, and moral rights), rights in
inventions, designs, know-how, confidential information, trade secrets, project/business
information, other intellectual property rights and all rights or forms of protection having
equivalent or similar effect to any of the foregoing which may subsist in any country in the
world.
9. DATA PROTECTION AND PRIVACY:
9.1. The Company may in connection with the Employee’s employment receive personal data
relating to the Employee or third parties associated with the Employee (such as spouse or
children). Such data may be received directly from the Employee or from other sources and
some personal data may be recorded directly or indirectly by internal security and
technology systems (such as CCTV cameras and software applications installed at
Employee’s devices for employment purposes) or by other means. The Company may
process such data for relevant and limited purposes. By signing this agreement, the
Employee hereby expressly consents to the following:
4. #31, 4th Floor,Hebbal Outer Ring Road,
Bhadrappa Layout, Nagashettyhalli,
Bangalore, Karnataka 560094
Page 4 of 5
9.1.1. the processing of the Employee’s personal data by the Company or such
third-party appointed by the Company;
9.1.2. the collection and processing of sensitive personal data or information (as
defined under applicable laws) about the Employee for limited purposes;
9.1.3. the transfer worldwide of personal data held about the Employee by the
Company to other employees and offices of the Company’s worldwide
organisation and to third parties (including third party online service providers
engaged by The Company or any of its affiliates that may store or process such
personal data outside of India) where disclosure to such third parties is required
in the normal course of business or by law; and use of the Employee’s personal
images and voices in marketing material, videos, etc.; and
9.1.4. treating any personal data to which the Employee has access in the course of his
employment strictly in accordance with the Company’s policies and procedures
and not using any such data other than in connection with and except to the
extent necessary for the purposes for which it was disclosed to the Employee.
Employee acknowledges that he/she has no reasonable expectation of privacy in any
computer, technology system, email, handheld device, telephone, or documents that are
used to conduct the business of the Company. Company has the right to audit and search
all such items and systems, without further notice to you, to ensure that the Company is
licensed to use the software on your devices in compliance with the Company’s software
licensing policies, to ensure compliance with the Company’s policies, and for any other
business-related purposes in the Company’s sole discretion. The Employee understands
that the Employee is not permitted to add any unlicensed, unauthorised, or non-compliant
applications to the Company’s technology systems and that the Employee shall refrain from
copying unlicensed software onto your technology systems or using non-licensed software
or websites. The Employee understands that it is his/her responsibility to comply with the
Company’s policies governing use of the Company’s documents and the internet, email,
telephone, and technology systems to which the Employee will have access in connection
with the Company’s employment.
10. ENTIRE AGREEMENT AND GOVERNING LAW
10.1. These terms and conditions contained in this letter represent the entire agreement
between you and the Company and shall be governed by and construed in accordance with
Indian Law. You hereby agree to the exclusive jurisdiction and venue of the civil courts in
Bengaluru, Karnataka for the resolution of all disputes arising under this confirmation
agreement.
11. ASSIGNMENT AND SUCCESSORS
11.1. This agreement shall inure to the benefit of the Company and its successors, assigns, and
administrators, as applicable. None of your rights or obligations hereunder may be assigned
or transferred.
Please indicate your acceptance of the terms and conditions by signing and returning the attached
duplicate of this letter.
5. #31, 4th Floor,Hebbal Outer Ring Road,
Bhadrappa Layout, Nagashettyhalli,
Bangalore, Karnataka 560094
Page 5 of 5
Sincerely,
Namburi Manikanta
Head of Talent Acquisition
Accepted and Agreed By:
Signature of Srija Thota
Date October 6, 2023