Terms and Conditions

This document was created using a Contractology template available at http://www.freenetlaw.com.

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Praise Foundation’s use of cookies in accordance with the terms of Praise Foundation’s [privacy policy / cookies policy].

Unless otherwise stated, Praise Foundation and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • Republish material from this website (including republication on another website);
  • Sell, rent or sub-license material from the website;
  • Show any material from the website in public;
  • Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose];
  • Edit or otherwise modify any material on the website;
  • Redistribute material from this website [except for content specifically and expressly made available for redistribution]

 

[Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].]

Also Praise Foundation website can be use to:

  • Only post content related to social reformation, community development, NGO causes and Corporate Social Responsibilities

Praise Foundation will not accept content that:

  • Consists of foul language, racial discrimination, gender discrimination or discrimination of a people group on any grounds.
  • Has nudity, offensive language, racial and religious discrimination.

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Praise Foundation’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Praise Foundation’s express consent.

Also Praise Foundation website can be use to:

  • Only post content related to social reformation, community development, NGO causes and Corporate Social Responsibilities

Praise Foundation will not accept content that:

  • Consists of foul language, racial discrimination, gender discrimination or discrimination of a people group on any grounds.
  • Has nudity, offensive language, racial and religious discrimination.

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible

Access to certain areas of this website is restricted. Praise Foundation reserves the right to restrict access to other areas of this website, or indeed this entire website, at Praise Foundation’s discretion.

If Praise Foundation provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Praise Foundation may disable your user ID and password in Praise Foundation’s sole discretion without notice or explanation.

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Praise Foundation a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Praise Foundation the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or [Praise Foundation] or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

You must not submit content consisting of foul language, nudity, racial or religious discrimination and any content that directly or indirectly offends other users on the website.

Praise Foundation reserves the right to edit or remove any material submitted to this website, or stored on Praise Foundation’s servers, or hosted or published upon this website.

Notwithstanding Praise Foundation’s rights under these terms and conditions in relation to user content, Praise Foundation does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Also Praise Foundation website can be use to:

  • Only post content related to social reformation, community development, NGO causes and Corporate Social Responsibilities

Praise Foundation will not accept content that:

  • Consists of foul language, racial discrimination, gender discrimination or discrimination of a people group on any grounds.
  • Has nudity, offensive language, racial and religious discrimination.

We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.

Awareness: Praise Foundation will create necessary platform and collaterals for NGO/Govt.Org/Company/Society/Agencyregistered under Indian Trust Act, 1882 or Societies Registration Act, 1860 to enlist and affiliate with Praise Foundation

Second party will provide all necessary content, media and the use of logos etc at no financial consideration to Praise Foundation  to ensure rightful display of campaigns and projects that the second party seeks from Corporate and Individuals necessary funding /donations and resource support to achieve its objectives .

Website usage:

  • NGO’s can register through the website. But only after they sign a contract with Praise Foundation to adhere to legal requirements and adhere to deadlines set.
  • The NGO’s will be required to produce
    • Whether they are registered as an NGO under Companies Act. Whether they have an ROC
    • Whether they have an up to date and valid 12A of the Income Tax Act.
    • Whether they have Foreign Contribution (Regulation) Act documents.
    • Other similar documents
    • And their track record over the years will be looked into

NGO’s can create their NGO profile, project profile as long as they adhere to the requirements and restrictions of content on the website as stated in this document.

Donations to NGO’s (NGO’s are mentioned as SECOND PARTY in this section

 

  • PRAISE FOUNDATION shall donate to the SECOND PARTY to meet approved or agreed expenses of the project and commitments related to the said PROJECT up to date of fulfilment/date of termination of agreement.
  • PRAISE FOUNDATION will pay donation to the SECOND PARTY on the basis of the agreed amount as follows:
  • The first instalment representing a project shall be released on submission of request for donation and signing of the Agreement.
  • The first instalment representing an agreed percentage tranche of the total amount will be released according to the need and the urgency of the project at hand.
  • The subsequent amount representing an agreed percentage tranche of the total amount, shall be released by PRAISE FOUNDATION on application by the SECOND PARTY and on submission of fund utilization certificate of amount sanctioned previously for that particular project along with report of the activities, with mileage to PRAISE FOUNDATION, with still and if possible video graphic footage.
  • After the completion of the programme/Project, the SECOND PARTY will submit utilization certificate from a Chartered Accountant and full report of the programmes conducted by the SECOND PARTY, along with still and if possible video graphic footage. Sufficient discretion shall be employed regarding any evidence that might cause adverse effect on the identity, integrity or dignity of the individuals.
  1. Funds Requisition

Funds requisition for the instalment amount shall be presented to PRAISE FOUNDATION by the SECOND PARTY and shall contain details of expenditure to be incurred by the SECOND PARTY during the period in accordance with the Schedule of Amount disbursements strictly utilised towards the objects of the trust/society as the case maybe.

All Funds requisitions shall be endorsed as follows:

“Certified that the amounts mentioned in this Funds requisition Application are required wholly and necessarily for the purpose of the Project (Name of the project to be mentioned here) and the same has not been claimed before from PRAISE FOUNDATION.”

The SECOND PARTY’s authorized representative shall sign all Funds requisitions. Any Funds requisitions if not presented in accordance with the above shall be liable to be rejected.

  • The donations shall be made in Indian Rupees. The SECOND PARTY will submit the Bank account number/details of nationalized bank for release of funds through e-banking. Funds requisition shall be submitted by the SECOND PARTY in, accordance with the specific instructions as given above. SECOND PARTY will submit fund utilization statements along with the programme progress report. Approved funds shall be donated by PRAISE FOUNDATION as per the Schedule of Amount disbursements, only if PRAISE FOUNDATION is satisfied with the progress of implementation of the Project as per the Project implementation plan i. e. implementation review and monitoring plan.
  • In the event the implementation of the Project is not as per the scope of work and targets, PRAISE FOUNDATION shall reserve the right to withhold or reduce the amount of instalment amount applied for by the SECOND PARTY in the Funds Requisition Application or stop further disbursements of amount instalments to the SECOND PARTY. Release of the amount instalments shall be made upon remedying of the unsatisfactory work and on resolution of the outstanding queries by the SECOND PARTY to the satisfaction of PRAISE FOUNDATION. In the event that the cumulative disbursements made to the project are in excess of the expenditure actually incurred in terms of the Project Implementation Plan, PRAISE FOUNDATION shall reserve the right to deduct the excess amount from future instalments disbursed to the SECOND PARTY
  • In the event of excess donation to the SECOND PARTY, the PRAISE FOUNDATION shall reserve the right to recover from the SECOND PARTY such excess donation and the SECOND PARTY would be liable to refund the excess donation within a period of 3 working days of ascertainment of the final amount.
  • Any unspent or unutilized amount, (disbursed earlier by PRAISE FOUNDATION for the project to the SECOND PARTY), shall on completion of the project, be refunded to PRAISE FOUNDATION within 3 working days of the completion of the project or termination of the Agreement, whichever is applicable.
  • During the implementation of any activity, the expenditure on photographs and video graph and other related material should be borne by the SECOND PARTY and no extra payment on this account shall be made by PRAISE FOUNDATION.
  • PRAISE FOUNDATION shall not provide additional funds in respect of work done outside the scope of work and time schedule plan and takes no responsibilities whatsoever for such work.
  • The SECOND PARTY shall not be entitled to payment of any amount or by way of compensation for termination of the Agreement for the causes mentioned below under clause 5.
  1. Instructions, approvals and inspections
  • No variation in the Project implementation plan as detailed in the Schedule-I, shall be allowed to the SECOND PARTY, unless otherwise agreed to in writing by PRAISE FOUNDATION in the form of an amendment.
  • The SECOND PARTY shall submit full accounts of the project in writing taking into account all receipts and payments and with details of all expenditure (with evidences) incurred for the purposes of the Agreement. PRAISE FOUNDATION or its representative may at anytime be allowed to carry out an inspection at the site of the project or audit of the Project along with the expenditure of accounts with minimal prior notice. Non compliance with the instructions by the SECOND PARTY will be a ground for termination of the agreement.
  • PRAISE FOUNDATION shall, at its sole discretion, undertake or cause to be undertaken evaluation of the impact and cost effectiveness of the Project. Such evaluation shall be carried out during the tenure of the Agreement. The SECOND PARTY shall when required give PRAISE FOUNDATION or its representative reasonable cooperation and access to its records in connection with the Agreement. Any such information acquired during this period will be treated as highly confidential and will be shared only on a strict need-to-know basis with stakeholders.
  • The Comprehensive Completion Report of the programme/project will be submitted by the SECOND PARTY on completion of the programme/project incorporating scope of work met , benefits achieved, financial details mentioned and recommendations made by the SECOND PARTY along with photographs, videos etc.
  • At the end of the program, to assess the impact of the program funded by PRAISE FOUNDATION, a report clearly indicating activities undertaken and objectives attained shall be submitted for documentation purposes.
  • The progress of the project and proper implementation shall be open to inspection by the PRAISE FOUNDATION’s representatives in the form of visits/surprise visit.
  • SECOND PARTY shall appoint a coordinator to coordinate various activities under this programme/project and coordinate to arrange for periodical inspections and monitoring of the program to the third party and PRAISE FOUNDATION’s Officials through its coordinator, as it may identify.
  • SECOND PARTY shall provide name and telephone number of contact persons to PRAISE FOUNDATION, who would be responsible for the implementation and coordination of the program. SECOND PARTY shall also inform of their website address and email id.
  • SECOND PARTY should inform every event to PRAISE FOUNDATION’s Principal/Registered Office. For ensuring proper brand image and visibility of PRAISE FOUNDATION’s contribution, all such events will be participated by assigned management persons of Praise Foundation. SECOND PARTY shall display banners in the Schools/Project sites highlighting PRAISE FOUNDATION’s contribution along with PRAISE FOUNDATION’s name and logo.
  1. General provisions
  • Nothing contained in this Agreement shall be construed or have effect as constituting a relationship of employer and employee or principal and agent between PRAISE FOUNDATION and SECOND PARTY.
  • Praise Foundation shall not be responsible for any acts or omissions of SECOND PARTY’S staff and any persons, associations, institutions engaged by the SECOND PARTY whether or not in the course of implementing the project or for the health, safety and security of such persons or entities and their property or otherwise.
  • Neither the SECOND PARTY, nor its personnel or agent shall engage in any personal business or professional activities, either during the course of or after the termination of this Agreement, which conflict with or could potentially conflict with the object of the Project.
  • The SECOND PARTY shall not during or after the termination of the agreement disclose/divulge to any third party any confidential information arising from the agreement except with the prior written permission of PRAISE FOUNDATION.
  1. Amendment
    • In case any amendments are required to be carried out in any part of the agreement, the SECOND PARTY shall agree to incorporate such amendments and implement/perform the same in the field. The agreement shall be amended after written consent from Praise FOUNDATION through written mutual consent of the parties to the agreement.
  1. Termination

 

PRAISE FOUNDATION may terminate this agreement after giving the due notice of 07 days to the SECOND PARTY.  However, reasons for termination may be related in terms of the followings:

  • In the event of unsatisfactory performance of the project by SECOND PARTY, PRAISE FOUNDATION may, at its sole discretion and at any time, terminate the agreement and inform the SECOND PARTY of its decision in writing which shall be final and binding on both the parties. The Agreement shall stand terminated on the date as mentioned in the written communication. Unsatisfactory performance of the project by the SECOND PARTY includes/relates to incomplete work done/no progress in the work found/ work not being implemented as specified under Schedule I of this Agreement (Implementation Plan and scope of work of each project) etc. or non-performance of any obligation under this Agreement.
  • In the event, when the SECOND PARTY is found involved in any manner or form of corrupt practices or misappropriating the funds /Assets, which belongs to, or has been marked for the Project activities and PRAISE FOUNDATION has sufficient grounds to believe so.
  • In the event of violation of any of the provisions specified in various clauses of this agreement and Terms of Reference that lead to a conflict which may affect the objectives of the programme/project, at any time of Agreement period.
  1. Settlement of disputes

 

  • The Agreement shall be governed by and construed in accordance with the laws of INDIA.
  • Should the Parties be unable to reach agreement on the meaning or interpretation of any of the clauses set out hereto or any other matters arising out of the Agreement, the matter in dispute shall be referred to the concerned Committee for settlement of disputes of PRAISE FOUNDATION whose decision in the matter will be final.
  • All disputes arising between the parties shall be subjected to the jurisdiction of the Courts in Tamil Nadu only and in no other courts.
  • We will be trustworthy by never over or under exaggerating facts while marketing. Right facts and numbers will be given to NGOs and corporates while marketing.
  • We will not have dealings with cigar, alcohol or companies with questionable content or business.
  • We will treat the Stakeholders the way we would like to be treated with respect, fairness and genuine concern towards a cause the NGOs are working for. At all times we will be respectful of the local communities and culture in which we live and work as to not post and monitor content on website for nudity, offensive language, racial and religious discrimination.
  • Confidentiality and terms in the contract will always be maintained.
  • We will be committed to meet deadlines.

We will monitor our behavior, to avoid putting ourselves in a compromising situation with clients, where actions or words could be misconstrued or inappropriate situations could develop.  This includes avoiding:

  • Sexually coloured or insulting language
  • Unnecessary physical contact
  • Provocative or culturally inappropriate clothing or behaviour
  • Developing special or exclusive relationships with clients
  • Being alone for unnecessary periods of time with clients – we should always try to be within sight or hearing of another worker
  • Meeting clients alone outside of the project hours or context.

This website is provided “as is” without any representations or warranties, express or implied.  Praise Foundation makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Praise Foundation does not warrant that:

  • This website will be constantly available, or available at all; or
  • The information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Praise Foundation will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • To the extent that the website is provided free-of-charge, for any direct loss;
  • For any indirect, special or consequential loss; or
  • For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Praise Foundation has been expressly advised of the potential loss.

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Praise Foundation’s liability in respect of any:

  • Death or personal injury caused by Praise Foundation’s negligence;
  • Fraud or fraudulent misrepresentation on the part of Praise Foundation; or
  • Matter which it would be illegal or unlawful for Praise Foundation to exclude or limit, or to attempt or purport to exclude or limit, its liability.

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.

You accept that, as a limited liability entity, Praise Foundation has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Praise Foundation’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect Praise Foundation’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Praise Foundation.

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

You hereby indemnify Praise Foundation and undertake to keep Praise Foundation indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Praise Foundation to a third party in settlement of a claim or dispute on the advice of Praise Foundation’s legal advisers) incurred or suffered by Praise Foundation arising out of any breach by you of any provision of these terms and conditions , or arising out of any claim that you have breached any provision of these terms and conditions.

Without prejudice to Praise Foundation’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Praise Foundation may take such action as Praise Foundation deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Praise Foundation may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Praise Foundation may transfer, sub-contract or otherwise deal with Praise Foundation’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

These terms and conditions constitute the entire agreement between you and Praise Foundation in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

This Agreement contains the full and complete understanding of the Parties with respect to the subject matter hereof and supersedes all prior negotiation and agreements.