The terms and conditions contained herein (“T&Cs”) set out the standard terms and conditions of empanelment of the Experts (defined hereinafter) with the SpeakIn Network (defined hereinafter) maintained by SpeakIn Communications Private Limited (“Company”). By accepting these T&Cs, the Expert acknowledges and agrees to be bound by these T&Cs. These T&Cs may be translated into any other language(s) for the convenience of the Experts, however, the English version (as contained herein) shall prevail over any other version in case of any discrepancy.

1. Background and Scope

• The Company operates a global expert platform, speakin.co (“Website”) through which it connects its clients (“Clients”) with experts in varied subjects. The Company maintains a curated network of experts empaneled with the Company (“SpeakIn Network”) who are Subject Matter (defined hereinafter) experts for one-to-one interactions with Clients or as speakers at forums amongst, other formats (“Experts”).
• The SpeakIn Network is an online network of the Company consisting of experts from varied industries and specialties, including, but not limited to, public policy and governmental affairs, information technology or information technology enabled services, finance, arts and entertainment, media, healthcare, retail, sports, and human rights and
• Any individual with specialized skills, willing to empanel himself / herself as an expert with the SpeakIn Network, is required to register himself / herself on the Website. The Company shall, upon such registration, in its sole discretion, empanel such interested individual as an Expert with the SpeakIn Network.
• The Clients may, through the Website or otherwise, approach the Company (“Request”) in relation to any industry specific or specialized subject matter (“Subject Matter”) for which the Client requires the consultation, advisory, counselling, speaking, training or any other services of the Expert(s) pertaining to their area of specialized knowledge through various means and modes such as telephonic consultations, short or long-term consulting, in-person or virtual meetings and events, speaking engagements, written deliverables, in-depth engagements, and / or online surveys (“Expert Services”).
• The timeline and procedure for (i) seeking consent of the Expert for providing Expert Services upon receipt of a Request from the Client (“Offer”), and (ii) communication of acceptance / non-acceptance of the Offer by the Expert to the Company, shall be as mutually agreed between the Company and the Expert.
• The extent and scope of the Expert Services shall be determined on a case-to-case basis depending upon the requirement of the Client, and shall be set out in the Offer. The Expert hereby acknowledges that any amendment or revision to the extent and scope of the Expert Services will be subject to mutual agreement between the Expert and the Company.
• The Expert further acknowledges that the Company operates as a facilitator between the Expert and the Clients, and all interactions between the Expert and the Clients will be coordinated through the company. The Expert shall not share his / her contact information directly with any of the Clients without the prior written consent of the Company, nor shall the Expert attempt to establish any contact with the Clients.

2. Term

These T&Cs shall come into effect immediately upon acceptance of these T&Cs by the Expert, and shall continue to remain in force unless terminated in accordance with the terms hereunder (“Term”).

3. Participation conditions

• The Expert agrees and acknowledges that his / her empanelment as an Expert is subject to the satisfaction of the following participation conditions (“Participation Conditions”) by the Expert during the The Expert:
1. is competent to execute, deliver, perform and discharge his / her obligations hereunder in accordance with applicable laws of his / her jurisdiction;
2. has the requisite knowledge, skills and expertise to perform and deliver the Expert Services;
3. is not impersonating any person or entity, or making any false representation vis-à-vis his / her identity;
4. is registered with the SpeakIn Network in his / her individual capacity, and is not a representative of or acting on behalf of any company or organization;
5. shall ensure that the provision of the Expert Services, is not in any conflict of interest or likely to be perceived as a conflict of interest;
6. is not prohibited, limited or restricted by any applicable law, contractual arrangement, fiduciary obligations, and / or an order of a court of law or governmental / regulatory authority to enter into the arrangement contemplated under these T&Cs, and to perform the Expert Services;
7. has not been convicted of any crime, involving fraud, theft, piracy, breach of confidentiality and non-disclosure agreement, anti-corruption and money laundering laws, whether in India or elsewhere in the world;
8. has not been subjected to any disciplinary actions by any authority with respect to any professional license held by the Expert;
9. has obtained all necessary waivers and consents required to perform and deliver the Expert Services; and
10. has access to necessary infrastructure required to perform and deliver the Expert Services.
• The Expert further acknowledges that the provision of Expert Services by the Expert does not and will not violate any agreement or the code of conduct that the Expert is bound
• The responsibility to ensure compliance with all the Participation Conditions vests solely with the expert
• If, at any time during the Term, the status of the Expert changes with respect to compliance with any of the Participation Conditions, then such Expert shall forthwith notify the Company in writing, but no later than 2 (two) days from the date of change in status, by providing details as to the date, nature and reasons of such change in the status. Upon receipt of such notice, the Company shall have the right, but not the obligation, to terminate the empanelment of the Expert with the SpeakIn Network with immediate effect without the need for any further action or deed and without any liability towards the aforementioned right of termination shall mutatis mutandis be applicable if the change of status of the Expert with respect to compliance with the Participation Conditions comes to the knowledge of the Company other than through notification by the Expert. If any loss / damage is caused to the Company and / or its directors, personnel, officers, employees, subsidiaries, affiliates, agents, representatives, or advisers (“Company Representatives”) as a result of such change in status of the Expert with respect to compliance with the Participation Conditions, then, the Expert shall be liable to forthwith indemnify the Company and Company Representatives in full for the same.
• The Expert agrees that the travel, accommodation and logistics arrangements for the Expert for provision of the Expert Services shall be made by the Client at its cost and expenses, unless otherwise agreed upon between the Company and the
• The Expert will perform the Expert Services in accordance with the instructions of the Company and details set out in the Offer. Subject to Clause 3.5 above, the Expert shall be solely responsible for undertaking all necessary preparations required in connection with performance of the Expert Services and the Expert shall ensure timely delivery and / or performance of the Expert Services.
• The Expert may retain and use his / her own employees, agents, advisers, representatives and / or contractors (“Expert Representatives”) for the provision of the Expert Services, subject to the prior written consent of the Company and further subject to providing such information of the Expert Representatives as the Company may seek, and the Company shall not have any control over such Expert Representatives. The Company shall have no role, whatsoever, in selecting, hiring, training, supervising, compensating, evaluating or terminating the Expert
• The Expert agrees that the Company may verify the identity and credentials of the Expert by conducting background a check on the Expert, either internally or through a third party. The Company may seek such information, documents and material from the Expert, as may be deemed necessary for the purposes of such verification. The Expert agrees to extend his / her full co-operation and assistance to the Company in relation to such verification. However, by virtue of conducting such verification, the Company does not authenticate the identity of the Expert, including the Expert’s credentials or qualifications, or undertakes any responsibility for the reliability, accuracy, legality, suitability or authenticity of the Expert Services.
• The Expert acknowledges that the Company shall connect with the Expert on a need basis depending upon the number of Requests placed by the Clients and the availability and suitability of the Expert for the same, and does not guarantee any particular volume or frequency of Offers or any amount of business or fees to the Expert. Further, the Expert acknowledges that the Company does not authenticate or assume any responsibility, liability or risk in relation to the legality of the Subject Matter, and the lawful use and application of the Expert Services by the
• The Expert shall be solely responsible for the veracity, authenticity and genuineness of the Expert Services, and the Company provides no warranty or representation in respect thereof. The Expert agrees and acknowledges that the Company shall not be liable to the Client or any third party for any loss or damage arising out of the reliance on the Expert Services by such
• The Company merely serves as an intermediary to facilitate interactions between the Client and the Expert, and the introduction of the Client to the Expert by the Company shall not be construed to be Company’s endorsement of the financial capability of the Client to pay for the Expert Services.

4. Obligations of the Experts

During the Term, the Expert shall:

• perform and deliver the Expert Services in a timely, effective and efficient manner, and in accordance with these T&Cs and all applicable laws, and ensure that the Expert Services provided by the Expert are in connection with a lawful purpose and object;
• offer most suitable Expert Services to the Client without any prejudice or personal gain / interest or for the gain or benefit of any third party;
• act in a professional manner, and use the highest standards of ethics, professionalism, care, diligence and skills in performing and delivering the Expert Services;
• make all reasonable inquiries in relation to the scope of the Expert Services to ascertain the requirements of the Clients, and comply with any direction, deadline, standard, instruction, and policy mandated by the Client and / or the Company;
• always act in good faith and adhere to the highest levels of professional integrity and courtesy, and ensure that the Expert Services do not violate or be contrary to any applicable laws or public policy, including anti-corruption and anti-bribery laws;
• not use / disclose, as part of the Expert Services, any information including any trade secret, or copyrighted, non-public, and business information of any third party, the disclosure of which requires specific authorization, or infringes any right of a third party, or which was disclosed to the Expert under the assumption or expectation that the Expert shall keep it confidential;
• not disclose any information, including any price sensitive, insider, material, non-public, confidential and proprietary information, or any formulas, sales figures etc. related to any company, security, industry or any other third party, or information in relation to any pending government action or legislation, that the Expert is otherwise prohibited from disclosing in terms of any contractual obligation, fiduciary duty, or under applicable law, or which may result in the breach of any regulatory, legal, ethical, or professional standard or rule;
• keep all non-public information received by him / her or that may come to his / her knowledge / possession, while performing the Expert Services, strictly confidential and shall not, whether directly or indirectly, disclose any such information, whether in whole or in part, to any third party;
• use the non-public information received by him / her or that may come to his / her knowledge / possession while providing the Expert Services solely for purposes of the Expert Services, and not for any personal benefit or for the benefit of any third party;
• not store / collect Personal Data (defined hereinafter) of the Client for any purpose other than for the provision of the Expert Services;
• ensure that the Expert Services and all materials and information provided as part thereof are true, correct, genuine, authentic, accurate, complete, current and not false, unlawful or misleading in any manner, and does not contain any material that is offensive, indecent, objectionable, threatening, libelous, defamatory, profane, deceptive, infringing the rights of third party, or otherwise violates these T&Cs;
• not use the logo / brand name of the Company or the Client for any purpose, whatsoever, without the prior written consent of the Company or the Client, as the case may be;
• not seek any personal contact information of the Client from the Company or the Client, as the case may be;
• not accept any fees, gift or other payment, whether in cash or kind, from the Client, without the prior written consent of the Company;
• immediately inform the Company if the Client offers to make direct payment to the Expert, in part or in whole, whether in cash or kind, for the Expert Services, without Company as the intermediary to the said transaction;
• ensure all his / her communications and correspondence with Company, for all purposes, are made through electronic mail (E-mail), on formal Company e-mail address only, unless some other mode is specified;
• not assign / sub-contract the Expert Services or any part thereof to any third party without obtaining prior written consent of the Company;
• ensure his / her availability for all calls, meetings, seminars or other necessary consultations scheduled with the Client in relation to the Expert Services;
• not misuse / distort any information received from the Client;
• not, without reasonable cause, sufficient details of which shall be provided to the Company and without prior written notice to the Company, discharge himself / herself from the appointment as Expert during the performance of the Expert Services;
• forthwith notify the Company if a Client contacts the Expert for provision of the Expert Services directly to the Client;
• co-operate fully in any inquiry conducted by the Company concerning actual, alleged or potential violations of these T&Cs, or any applicable law;
• not use any information received from the Client for his / her own business or personal gain;
• not give his / her consent to provide Expert Services to any Client that the Expert reasonably believes to be the competitor of the company that employs the Expert, or on whose board of directors the Expert serves, or to whom the Expert provides any advisory services;
• not disclose or publicise its association with the Client and the Company, except with the prior written consent of the Client or the Company, as applicable; and
• periodically monitor his / her profile on the Website, to ensure that it is updated and complete. If the Company provides any username and password to the Expert, then, the Expert shall keep the same The Expert shall be responsible for all activities under his / her username / profile, and immediately notify the Company of any unauthorized use of such password or profile or any other breach of security.

5. Payment Terms

• The terms and conditions regarding payment of fees to the Expert for the Expert Services shall be as may be mutually agreed between the Expert and the Company in The expenditure towards logistics, travel and accommodation shall be borne by the Client, unless otherwise agreed upon for a particular engagement. Any other expenses incurred by the Expert during the engagement shall not be borne by the Company.
• The mode of fee payment to the Expert by the Company will be through bank transfers. However, Expert may suggest any other mutually agreeable means of The Company will remit the fee to Expert within 45 business days after the engagement, once an invoice is shared by the Expert with the Company. The fee shall be paid after deducting all taxes at applicable rates. The engagement shall deem to be confirmed once the fee is decided and an email confirmation is entered into.
• In event of cancellation of an engagement by the Expert due to unforeseen circumstances, the Expert shall promptly inform the Company and the Expert is liable to compensate the Company and the Client for the any losses caused due to such cancellation. The quantum of loss the Expert is liable for shall be mutually decided by the Company, the Client and the Expert. The Expert shall fund the Company to compensate the Client for loss. In the event of the cancellation of the said engagement by the Expert, the Company will not be liable to pay any fee and /or expenses to the Expert. All cancellations must be immediately communicated to the Company through e-mail, as well as, SMS and Telephone.

6. Recording rights

The Expert hereby agrees and consents that so long as there is no violation of any applicable laws or compliance norms, the Clients shall have the right to make and retain audio/ video or other recording of the telephonic, teleconference or in-person interactions (“Recording”) with the Experts in respect of the Expert Services. However, other than for compliance with any applicable law, the Clients are not permitted to externally publish or broadcast the Recordings for the consumption of the general public or for the benefit of any third party, without obtaining the prior written consent of the Expert(s) and the Company.

7. Ownership of content and Intellectual Property Rights

• Subject to any law for the time being in force, all rights, title and interests in any Intellectual Property (defined hereinafter) that may arise or evolve, statutory or non-statutory, out of the Expert Services rendered by the Expert, shall vest with the Client without limit to time and For the purposes of these T&Cs, “Intellectual Property” means rights in respect of any and all copyrights, trademarks, trade secrets, inventions, improvements, know-how, processes, discoveries, designs, data, software, formulae, literary works, video, audio visual works, other works of authorship and all parts of them conceived or created, existing now or in the future, wherever in the world arising, including any applications for registration of any of the foregoing.
• The Expert agrees to not assert any rights that he / she may have in the Intellectual Property against the Client, including moral rights.

8. Non-circumvention

• The Expert hereby agrees not to directly or indirectly interact, transact, or otherwise enter into any relationship with the Client introduced by the Company, outside of the arrangement contemplated by these T&Cs, without the prior written consent of the Company for a period of 2 (two) years from the date of termination of these T&Cs. The Expert further agrees to not solicit any employee of the Company for employment or any services outside of the arrangement contemplated by these T&Cs.
• The Expert shall not accept any proposal / request (whether complete or partial) from any Client to perform services, or receive any payments from any Client for the Expert Services, either in cash or in kind, without the Company as the intermediary of the

9. Third party websites

• The Expert acknowledges that the Website may contain links to any third party websites and / or third party advertisements, which are not under the control and management of the Company, and the Company does not review, approve, monitor, endorse, warrant, or make any representations with respect to the content hosted on such third party links / advertisements. Any loss or damage arising out of or in relation to the Expert’s access to such third party links / advertisement shall be the sole responsibility of the Expert.

10. Restrictions on the Expert

• The Expert shall not, directly or indirectly, interact, approach or contact, or attempt to interact approach or contact any Client without the prior written consent of the Company, whether in respect of the Expert Services or any other services and assignment, including any follow-up on the Expert Services, transacting with or otherwise entering into any relationship with the Clients introduced to the Expert by the Company. This restriction shall be applicable even in the circumstances where the Client approaches the Expert for any interactions other than through the Company. This restriction shall survive for a period of 2 (two) years from the date of termination of these T&Cs.
• The Expert shall not indulge in any corrupt practices / malpractices or fraudulent activities that may cause any disrepute to the Company and / or the Client(s).

11. Confidentiality

• The Expert may receive from the Company and / or Client, information that may be confidential, sensitive and/ or proprietary in nature, in connection with provision of the Expert For the purposes of these T&Cs, “Confidential Information” means any and all non- public information of or pertaining to the Company and/ or any of the Client, including without limitation, (i) the identity of the Client; (ii) details about the Client’s intended use of the Expert Services; (iii) information about any actual or potential business matter, investment or trading decision and transaction; (iv) materials and information provided by the Client, including any technical data, methods, drawings, processes, know-how, trade secrets and inventions, research, testing methods and results, marketing, promotional and financial activities, business and trade projections and strategic plans; (v) nature and substance of business relationships, (vi) any other non-public or proprietary information of the Company and/ or the Client that comes to the knowledge of the Expert for the purposes of providing the Expert Services, whether from the Company or the Client or from their respective directors/ affiliates/ officers/ agents/ advisers/ or other third parties who have been authorized by the Company/ Client, as relevant.
• The Expert agrees that he / she shall maintain confidentiality of all Confidential Information and shall use the same solely for the purposes of provision of the Expert Services. All Confidential Information shall be accorded the same level of care and protection by the Expert as the Expert would apply to his / her own confidential information. The Expert shall ensure that the Expert Representatives who have the right to access Confidential Information strictly on a need to know basis, shall keep such information strictly confidential.
• The Expert shall not use, disclose, publish or permit the disclosure or publication of Confidential Information to any other person, other than in the event the Confidential Information: (a) is required to be disclosed under any applicable law or legally binding order of any court of law (provided that the Expert shall provide prior written notice to the Company before complying with such applicable law or order of court at his / her own costs and expenses, and shall comply with the instructions of the Company); (b) is in the public domain other than as a result of a breach of these T&Cs; or (c) was at the time of disclosure already in the lawful possession of the recipient.
• In addition to maintaining the confidentiality of Confidential Information, the Expert shall, other than as required under applicable law, not disclose: (a) the existence of these T&Cs; (b) the identity and Personal Data (as defined hereinafter) of the Client; (c) the subject and nature of the Expert Services; and (d) the amount of the fees charged for the Expert
• Each party, e. the Company and the Expert, upon request by the other party, and upon termination of these T&Cs, without retaining copy in any form or medium, shall (a) return the Confidential Information that is in its / his / her possession to other party; or (b) based on express written instructions from other party, destroy such Confidential Information.
• In the event that more than one Expert is engaged for the provision of the Expert Services, pursuant to a Request raised by the Client, then, each Expert will owe a duty to maintain confidentiality as envisaged under this Clause 11 (Confidentiality) towards the other Expert(s) as

12. Data Protection and Privacy Policy

• It is hereby agreed by the Expert that in the course of provision of the Expert Services, the Expert may, whether directly or indirectly, have access to Personal Data (defined hereinafter) of the Client(s). For the purposes of these T&Cs, “Personal Data” means any non-public personal and other information, in any form or nature, including, but not limited to, the full name, date and place of birth, complete address and other contact details, nationality, educational qualification, identification and license details (including passport number and social security number), job-title, business details, securities details (including shares, debentures and stock-options), directorship details, family details, financial information (including economic status, assets, source of funds, investments and accounts), business ideas, business projections, health related information, and information regarding disputes (whether initiated by or against).
• The Expert hereby agrees and acknowledges that he / she shall collect, synthesize, process, share, use and retain the Personal Data of the Client solely for the purposes of:
1. provision of the Expert Services; and
2. compliance with any requirement under applicable law or an order of a court of law, provided that the Expert shall provide advance notification to the Company before complying with such applicable law or order of court at his / her own costs and expenses, and shall comply with the instructions of the Company.
• The Expert shall keep the Personal Data of the Client strictly confidential, and shall not publish or transfer such Personal Data to any third party. The Expert shall further ensure that Expert Representatives shall keep the Personal Data of the Client strictly confidential, and shall not publish or transfer the Personal Data to any third party.
• The Expert shall use the Personal Data in compliance with these T&Cs and / or the applicable
• The Expert shall protect the Personal Data of the Client in his / her control or possession by making reasonable security arrangements (including by undertaking appropriate physical, administrative, procedural and information technology measures) to prevent unauthorized or accidental access, collection, use, disclosure, copying, modification, disposal or destruction of any Personal Data of the Client, or other similar risks.
• The Expert shall not retain the Personal Data of the Client, in any form whatsoever, including without limitation documentary and / or electronic form, for any period of time longer than as may be necessary for the provision of the Expert
• The Expert shall, upon completion of the Term or upon request by the Company, and without retaining any copy in any form or medium, whatsoever, forthwith (a) return the Personal Data of the Client without distorting any part thereof; and (b) upon specific written instructions of the Company, delete all Personal Data in his / her possession. The Expert shall, thereafter, provide a written confirmation and acknowledgment to the Company that he / she no longer possesses and retains any such Personal Data of the Client. The Expert shall also instruct all third parties including Expert Representatives to whom he / she had disclosed the Personal Data of the Client (with the prior written consent of the Company) to return the same to the Company or based on express written instructions of the Company, delete such Personal Data, without retaining any copy thereof, in any form or medium,
• The Expert shall immediately notify the Company upon becoming aware of breach of any of his / her obligations in this Clause 12 (Data Protection and Privacy Policy), and shall forthwith take such steps as may be instructed by the Company in this regard.
• The Expert hereby agrees and acknowledges that the Company may collect, synthesize, process, share, and retain the Personal Data of the Expert for the purposes of these T&Cs, in accordance with the privacy policy adopted and maintained by the Company as required under the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, and available on the website, which shall be deemed to be incorporated herein, in its entirety, by ]
• The Expert agrees that the Company may contact the Expert by email, telephone, SMS, fax, or through any other means of communication, in relation to the provision of the Expert Services, as well as for other promotional activities conducted by the Company.
• The Expert acknowledges that the Company may disclose information related to the Expert, including, but not limited to, personal information, transcripts, surveys, and recordings, if such disclosure: (a) is necessary to comply with a legal requirement, including an order of a court of law or any governmental/ regulatory authority; (b) would potentially mitigate the Company’s liability in an actual or potential lawsuit; (c) is necessary to protect the Company’s rights or interests; and / or (d) is necessary to deter any unlawful activity by the Expert or by the
• In the event that more than 1 (one) Experts are engaged for the provision of the Expert Services pursuant to a Request raised by the Client, then, the Expert will owe a duty to maintain the privacy of Personal Data of the other Expert, as envisaged under this Clause 12 (Data Protection and Privacy Policy), towards the other Expert(s) as well.

13. Indemnification and Limitation of Liability

• The Expert shall indemnify, defend and hold harmless the Company and Company Representatives (each an “Indemnified Party”), against any and all actions, claims, demands, losses, damages, costs, expenses (including, but not limited to, attorney’s fees and all related costs and expenses), liabilities, penalties, and other consequences incurred or suffered by the Indemnified Party arising out of or in connection with: (a) Expert’s breach of any of the representations, warranties, obligations, undertakings, acknowledgments, covenants, and other provisions of these T&Cs; and / or (b) any act, omission, negligence, misrepresentation, fraud or misconduct by the Expert in connection with the Expert
• The above indemnification provision is in addition to, and not in derogation of any remedy available to the Indemnified Party under law or equity.
• The Expert expressly acknowledges that the Expert will accept an Offer at his / her sole risk and discretion. It is hereby agreed that the Company, and the Company Representatives, shall under no circumstances be liable to the Expert for any damages, liabilities, losses, and causes of action arising out of or relating to (i) the performance of the Expert Services by the Expert, and / or (ii) use of the Expert Services by the Client. Further, to the fullest extent permitted under applicable law, under no event will the Company be liable for any special, consequential, incidental, exemplary, punitive or indirect costs or damages, litigation cost, loss of data, goodwill, loss of production, revenues or profit or other intangible losses (including, without limitation, lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature, whatsoever) arising out of or relating to (i) T&Cs, (ii) provision of the Expert Services by the Expert, and / or (iii) use of the Expert Services by the Client. These limitations shall apply to any liability arising from any cause of action whatsoever, whether in contract, tort (including negligence), breach of warranty, strict liability or any other legal or equitable The Company does not authorize anyone to make any warranty on its behalf.
• The Company does not make any representations, recommendations, projections, warranties or guarantees of any kind, either express or implied, as to the credentials, reputation, background, ability, standing and qualification of the Client, and / or the Expert, or the provision of the Expert Services by the All Expert Services, and all information, data and activity related thereto, are provided to the Client on an “as is”, “as available” and “with all defaults” basis without warranty of any kind, either express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. Each Expert is solely and entirely responsible for his / her acts, including the acts of the Expert Representatives. Further, it shall solely be the obligation of the Expert to ensure that the Expert Services are performed to the satisfaction of the Client.
• To the fullest extent permissible under applicable law, the Company expressly disclaims any and all representations, warranties and conditions of any kind, whether express, implied or statutory, including those made by the Expert to the Client, or relating to any service, deliverable or work product provided by the Expert to the Client. The liability for the Expert’s work product and the Expert Services (including any and all work product and/ or Expert Services provided by the Expert Representatives) is solely that of the Expert. Neither the Company nor any of Company Representatives provide any express warranty of, have any implied warranty of, or have any responsibility for the Expert
• The Company does not guarantee or warrant that: (a) the Website will, at all times, be fully reliable, or accurate, or be complete, or updated on a timely basis; (b) the Website will be free of human and machine errors, omissions, delays, interruptions or losses, including loss of data; and / or (c) any files available for downloading, whether shared by the Company or the Client, in relation to the Expert Services, will be free of infection by viruses, worms, Trojan horses, bugs or other codes that manifest contaminating or destructive properties. The Company shall not be responsible for any loss or damage caused by the viruses that may infect the Expert’s computer equipment, software, data or other property on account of the Expert’s access to Website, or downloading of any material shared by the Company or the Client.
• In no event shall the maximum cumulative liability of the Company arising from or in relation to (i) these T&Cs and/ or (ii) Expert Services, exceed the fees paid by the Client to the Company for the provision of the Expert Services (but, after deducting from such fees, the fees paid by the Company to the Expert for provision of the Expert Services).
• The Expert acknowledges that the foregoing limitations of liability are

14. Relationship

• The Expert acknowledges that the relationship of the Expert and the Company is that of the independent Nothing contained herein shall be construed to create any association, partnership, joint venture, employee, or agency relationship between the Expert and the Company. Nothing in these T&Cs shall be construed as identifying the Expert, or the Expert Representatives as an employee, agent or legal representative of the Company, or any of Company’s related or affiliated entities for any purpose. The Expert shall not hold himself / herself out to any third party as having any authority to make any statements, representations, or commitments of any kind or to take any action that shall be binding on the Company or the Client.
• These T&Cs shall, under no circumstances, be interpreted to establish any relationship of subordination between the Expert and the Company that may be construed as an employment Accordingly, the Expert:
1. is not bound to provide his / her services for any specific working hours;
2. is not bound to dedicate all of his / her time to the Company, and is free to take up employment under any employer or work independently, so as long it does not violate these T&Cs; and/ or
3. is not entitled to any remuneration or social security benefits from the Company.
• It is clarified herein that during the Term, while availing the Expert Services, each Client is, and shall at all times be and remain an independent contractor vis-à-vis the Company and is not to be construed to be in any association, partnership, joint venture, employment, or agency relationship with the Company. Nothing in these T&Cs shall be construed as identifying the Client, or their personnel, agents or representatives as an employee, agent or legal representative of the Company, or any of Company’s related or affiliated entities for any
• The Expert acknowledges that the Clients are independent contractors who use the platform offered by the Company to procure the Expert Services from the The Expert acknowledges and agrees that the Company has no responsibility for, control/ supervision over, or involvement in determining the Subject Matter, the conduct of the Clients as well as the use of the Expert Services by the Clients either as an independent contractor or otherwise. The Expert further represents, acknowledges and warrants that the Expert shall treat the Client(s) as an independent contractor during the Term, and shall not take any action inconsistent with such classification.

15. Reliance on Expert Services

The Company and the Clients are independent contractors. The Company does not undertake any responsibility or liability, whatsoever, whether to the Expert, Client or to any third party, about the correctness, accuracy, truthfulness, timeliness, quality, lawfulness, completeness, suitability, security, reliability or suitability of the Expert Services for the purpose for which the Client intends to use the same and disclaims any and all claims or liabilities relating thereto. Further, the Company does not undertake any responsibility or liability, whatsoever, about the lawful utilization of the Expert Services by the Clients and disclaims any and all liability relating thereto. The Expert shall not make any claim against the Company in the event of any loss or damage caused to him/ her or any costs or expenses incurred by him/ her as a result of or in connection with the provision of Expert Services to the Client or the use of the Expert Services by the Clients.

16. Communication with third parties

• If, during the performance of the Expert Services, the Expert is required to communicate with third parties, then, the Expert shall be prohibited from:
1. describing himself / herself as working for or on behalf of the Company;
2. identifying the Client for whom the Expert is performing the Expert Services; and / or
3. soliciting information to such third party which is against these T&Cs.

• The company may use, for purposes of marketing and showcasing to the potential clients, any blogs, videos, or content generated by the expert, which is available in the pubic domain without incurring any cost or liabilities. The company may use the material on social media, including but not limited to, Linkedin, Facebook, and other channels. Expert should inform the company over e-mail in case such material may not be used, and the company shall remove the relevant content within 30 days of receipt of such communication

17. Anti-corruption and Anti-Bribery

• The Expert acknowledges that the Expert and the Expert Representatives are fully aware of and understand all applicable laws and regulations relating to anti-corruption, anti-bribery and money laundering, and shall not, directly or indirectly, engage in any activity that contravenes or is likely to contravene any of the foregoing laws, for the purposes of the provision of the Expert Services.
• The Expert agrees that while performing the Expert Services, he / she will not, directly or indirectly, offer, promise or pay, or attempt/ induce to offer, promise or pay, any money, gift, or any other thing of value, or offer any undue advantage of any kind or nature, financial or otherwise, to any person, or engage in similar malpractices in connection with the provision and performance of the Expert Services:
• for the purposes of influencing such person’s acts or decisions while knowing or having reasons to believe that any portion of such money, gift, or any other thing of value shall, directly or indirectly, be given, offered, or promised to: (i) an employee, officer, or other person(s) acting in an official capacity for any government, governmental / regulatory agency, government owned or controlled organization, enterprise or entity; and / or (ii) any political party, party official or candidate for political office;
• for the purposes of obtaining or retaining business, or inducing any person to cease to act in good faith, impartially, or in accordance with a position of trust; or
• to induce any person to provide any information that such person is otherwise not authorized to provide /

18. Feedback

• The Company may publish on its Website, in its sole discretion, the feedback, ratings and reviews provided by any Client to an Expert, in relation to the provision of the Expert The Expert agrees to release the Company and all persons acting under his / her permission or authority including the Company Representatives from any claim, liability, or action in law, including any claims for defamation, copyright infringement, or invasion of privacy, arising out of or in connection with such feedback / rating/ review.
• It is hereby clarified that the publication of any feedback / rating / review on the Website by the Company does not constitute and will not be construed as an introduction, endorsement, or recommendation of the Expert by the Company. The Company disclaims any warranty and representation, whether express or implied, in relation to such information provided as part of any feedback/ rating/ review on the Website, including, but not limited to, any truth, accuracy, authenticity, genuineness or completeness thereof.

19. Termination

• The Company may terminate the empanelment of the Expert with the SpeakIn Network, by giving a prior written notice of 15 (fifteen) days to the Expert, without assigning any
• Subject to the Expert’s obligations to provide Expert Services for on-going assignments, the Expert may withdraw his / her empanelment with the SpeakIn Network by giving a prior written notice of 30 (thirty) days to the Company.
• The Company shall have the right to terminate the empanelment of the Expert with the SpeakIn Network with immediate effect in the event of any breach of these T&Cs by the Expert, without any

20. Waivers, Delays or Omissions

Any delay or omission in exercise of any right, power or remedy accruing to the Company, upon any breach or default of the Expert under these T&Cs, shall neither impair any such right, power or remedy of the Company nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of any similar breach or default thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of the Company of any breach or default under these T&Cs or any waiver on the part of the Company of any provisions or conditions of these T&Cs, shall be in writing and shall be effective only to the extent specifically set forth in writing.

21. Severability

• If any provision of these T&Cs is held to be illegal, invalid, or unenforceable under any present or future law, and if the rights or obligations under these T&Cs shall not be materially and adversely affected thereby, (a) such provision or part thereof shall be fully severable; (b) these T&Cs shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; and (c) the remaining provisions of these T&Cs shall remain in full force and effect, and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from these T&Cs, to the extent permissible under the applicable
• Without prejudice to the foregoing, the Company and the Expert shall at the earliest mutually agree to a legal, valid and enforceable provision as similar in terms and effect to such illegal, invalid or unenforceable provision as may be possible.

22. Assignment

The Expert shall not assign any of his / her rights and obligations under these T&Cs to any third party, without obtaining the prior written consent of the Company. Any assignment, without the prior written consent of the Company shall be null and void, and not have any force or

effect. The Company is free to assign rights and obligations under these T&Cs to any of its affiliates.

23. Force Majeure

If performance under these T&Cs is prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Website, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this Clause 24 (Force Majeure) (collectively, “Force Majeure Event”), which are beyond the reasonable control of the Company, and could not have been prevented by reasonable precautions, then, the Company shall be discharged from such performance to the extent of and during the period of such Force Majeure Event, and such non-performance shall, in no manner whatsoever, amount to a breach by the Company of its obligations herein.

24. Entire Agreement

• These T&Cs along with any written addendums or modifications agreed thereto shall constitute the entire understanding between the Expert and the Company with regard to the subject matter hereof and thereof and supersede any previous contract, agreement or understanding between the Expert and the Company.
• The Company reserves the right to change, modify, add, or remove portions of these T&Cs (each, a change and collectively, changes) at any time by posting a notification on the Website or otherwise communicating the notification to the Expert. The changes will become effective with immediate effect, upon posting on the Website or communication thereof to the Expert, whichever is earlier. Such changes shall apply on a going-forward basis with respect to the Expert’s use of the Website, providing Expert Services through the Company, or for the receipt of If the Expert does not agree with any such change, the sole and exclusive remedy available to the Expert is to cease to be empaneled with the SpeakIn Network. In order to effect certain changes, the Company may be required under the applicable law to give an advance notice to the Expert, and the Company will comply with any such requirements. If the Expert continues to provide the Expert Services through the Company following the posting of such changes on the Website, or otherwise communicating the same to the Expert, it will be deemed that the Expert has accepted and agreed to such changes.

25. Survivability

Clause 7 (Ownership of Content and Intellectual Property Rights), Clause 8.1 (Non- Circumvention), Clause 10.1 (Restrictions on the Expert), Clause 11 (Confidentiality), Clause

12 (Data Protection and Privacy Policy), Clause 13 (Indemnification and Limitation of Liability), Clause 14 (Relationship), Clause 26 (Survivability) and Clause 27 (Governing Law and Dispute Resolution) shall survive the termination of these T&Cs.

26. Governing Law and Dispute Resolution

• These T&Cs shall be governed by, and construed in accordance with, the laws of India. The courts at New Delhi shall have exclusive jurisdiction in relation to disputes arising out of these T&Cs.
• All matters, questions, disputes, difference or claims arising between the Expert and Company in relation to or in connection with these T&Cs, whether in tort, contract or otherwise, their interpretation or application or as to the rights, duties or liabilities of the parties hereunder, or as to any act matter or thing arising out of or consequent to or in connection with these T&Cs shall be resolved by mutual discussions. If the parties are unable to resolve the dispute through mutual discussions within 30 (thirty) days from the date the dispute arose or was referred for mutual discussions, then, such dispute shall be finally resolved through arbitration to be conducted by a sole arbitrator, in accordance with the Arbitration and Conciliation Act, 1996, including any modification, amendment thereto. The seat and venue of the arbitration shall be New Delhi. The award/order/direction given by the arbitrator shall be final, conclusive and binding on both parties. The language of arbitration shall be English. The parties agree that the costs of the arbitration shall, at first instance, be shared equally between all the parties. Provided however, that it shall be within the discretion of the arbitral tribunal to decide on the apportionment of costs of the arbitration proceedings, and to also require one party to pay all or some of the foregoing expenses of the other party incurred in connection with the arbitration (which decision shall then be binding on the disputing party. The arbitration proceedings shall not have any effect on the performance of those parts of these T&Cs that are not in dispute or in respect of which no difference has arisen between the parties.