This Agreement governs the delivery of Robotics, STEM, Coding, Electronics, IoT and related educational programs by Edusmart to participating schools and institutions.
These Terms & Conditions ("Agreement") are entered into between Edusmart ("Company/Edusmart") and the participating School/Institution ("School") for the implementation and delivery of Robotics, STEM, Coding, Electronics, IoT and related educational programs.
Edusmart will provide practical, activity-based Robotics & STEM education to students with the objective of developing technical knowledge, creativity, logical thinking, problem-solving skills and innovation.
The School agrees to provide reasonable cooperation and necessary access to classrooms/laboratory spaces for conducting the program. Edusmart will conduct the agreed classes, practical sessions, projects, workshops and other activities as mutually decided.
Edusmart will deploy suitably trained instructors/trainers for conducting the program. The School will cooperate with Edusmart regarding trainer entry, class schedules and necessary coordination. Edusmart may change or replace a trainer when reasonably required due to operational, academic or other legitimate reasons.
Classes will be conducted according to the schedule mutually agreed upon by Edusmart and the School. Any changes due to examinations, holidays, school events or unforeseen circumstances will be coordinated between both parties and, where practical, the missed session may be rescheduled.
The School will ensure that students attend the scheduled sessions and follow reasonable classroom and laboratory discipline. Students must use robotics kits, electronic components, tools and other equipment responsibly and only under appropriate supervision.
Depending on the selected program/package, Edusmart may provide robotics kits, electronic components, tools, teaching material and other equipment. Ownership of such equipment will remain with the party specified in the commercial proposal or written agreement. Any loss or damage caused by negligence, intentional misuse or unauthorized handling may be dealt with according to the mutually agreed commercial terms.
The School will:
Program fees, payment schedules, applicable taxes, discounts, revenue-sharing arrangements and other commercial terms shall be specified separately in the quotation, proposal, purchase order or commercial agreement accepted by both parties. In case of any conflict between these Terms & Conditions and a subsequently signed commercial agreement, the specific written commercial agreement will prevail to the extent of such conflict.
Where the School is responsible for payment, invoices shall be paid within the agreed payment period. In case of continued payment delay, Edusmart may, after providing reasonable notice, temporarily suspend services until outstanding dues are cleared.
If a session is cancelled due to School requirements, examinations, events or other circumstances, both parties will coordinate regarding rescheduling. If a session is cancelled due to Edusmart's operational circumstances, Edusmart will make reasonable efforts to provide an alternative trainer or reschedule the session.
Edusmart will take reasonable precautions during practical activities and will provide instructions regarding the safe use of equipment and components. The School will remain responsible for general student supervision and discipline within the School premises, except to the extent specifically agreed otherwise in writing. Students must follow all safety instructions given by School staff and Edusmart trainers.
Curriculum structures, lesson plans, training methodologies, teaching materials, presentations, worksheets, software/code developed by Edusmart and other proprietary educational resources provided by Edusmart shall remain the intellectual property of Edusmart unless otherwise agreed in writing. The School and students shall not commercially reproduce, distribute, resell or share proprietary Edusmart materials without prior written permission.
Students may retain or use projects created as part of the program subject to the ownership terms of the robotics kits/components used. Edusmart may showcase completed student projects for educational and promotional purposes, subject to applicable School policies and required permissions.
Subject to applicable permissions and School policies, photographs or videos of workshops, exhibitions, robotics activities and student projects may be used by Edusmart for educational, portfolio and promotional purposes. Where required, the School shall obtain appropriate consent/permission in accordance with its policies and applicable law.
Edusmart may provide participation, completion or achievement certificates to students upon completion of the relevant program, subject to the criteria defined for that program.
Both parties agree to maintain confidentiality regarding non-public business, commercial, operational and other confidential information received from the other party in connection with the program. This obligation will not apply to information that is publicly available, independently developed or required to be disclosed by law.
During the program and for a mutually agreed period after its completion, the School shall not directly engage or employ an Edusmart trainer introduced or deployed through the program without prior written consent from Edusmart. Any specific duration or commercial terms relating to this clause shall be mentioned in the applicable School Agreement.
Participation in external competitions, exhibitions, visits or events organized by third parties may be subject to separate fees, permissions, transportation arrangements and other requirements. Such activities will be undertaken only after mutual approval.
The School may provide reasonable feedback regarding trainers, curriculum, student engagement and program delivery. Edusmart will make reasonable efforts to address genuine operational or academic concerns communicated by the School.
The duration of the program shall be as specified in the applicable proposal or School Agreement. Renewal may be mutually agreed upon in writing before expiry of the existing term.
Either party may terminate the agreement by providing the notice period specified in the applicable School Agreement. In case of material breach, serious misconduct, non-payment, misuse of equipment, violation of confidentiality or other substantial violation of the agreement, the affected party may take appropriate action, including termination, subject to applicable law and the terms of the agreement. Outstanding legitimate payments and obligations accrued before termination shall remain payable.
Neither party shall be considered in breach for failure or delay caused by circumstances beyond reasonable control, including natural disasters, government restrictions, epidemics, major infrastructure failures, strikes or other extraordinary events. Both parties will make reasonable efforts to resume the program when circumstances permit.
Edusmart shall provide the services with reasonable professional care. However, Edusmart shall not be responsible for losses arising from unauthorized use of equipment, intentional misuse, failure to follow safety instructions, School-provided infrastructure or circumstances beyond Edusmart's reasonable control, except where liability cannot legally be excluded.
Edusmart trainers and representatives working on School premises shall comply with reasonable School policies relating to entry, discipline, safety and conduct. The School shall communicate relevant policies to Edusmart before commencement of the program.
Any significant change in curriculum, batch size, number of sessions, duration, equipment requirements or other material program terms shall be mutually discussed and, where necessary, recorded in writing.
Both parties shall first attempt to resolve any dispute through good-faith discussion between their authorized representatives. If the dispute cannot be resolved amicably, the parties may pursue appropriate legal remedies in accordance with applicable Indian law and the jurisdiction specified in the final School Agreement.
The accepted proposal, quotation, purchase order and/or School Agreement together with these Terms & Conditions shall constitute the understanding between the parties regarding the program. Any amendment to material terms should preferably be made in writing and accepted by authorized representatives of both parties.
By signing the applicable School Agreement, proposal or other mutually accepted document, the School acknowledges that it has read, understood and agreed to these Terms & Conditions.
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