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Agreement With Guarantor

This training agreement is between a trainee and Aceline Tech Solutions Private Limited. The trainee has received an offer letter from Bristlecone India Limited contingent on undergoing training. The training will enhance the trainee's skills and is estimated to cost Rs. 50,000. In exchange, the trainee agrees to accept the final offer from Bristlecone and work there for a minimum of 3 months. If employment ends early, the trainee must reimburse the training costs. The agreement aims to protect the company's investment in training the trainee.

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0% found this document useful (0 votes)
112 views

Agreement With Guarantor

This training agreement is between a trainee and Aceline Tech Solutions Private Limited. The trainee has received an offer letter from Bristlecone India Limited contingent on undergoing training. The training will enhance the trainee's skills and is estimated to cost Rs. 50,000. In exchange, the trainee agrees to accept the final offer from Bristlecone and work there for a minimum of 3 months. If employment ends early, the trainee must reimburse the training costs. The agreement aims to protect the company's investment in training the trainee.

Uploaded by

s05xo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 8

TRAINING AGREEMENT

This training agreement (“Agreement”) is made and executed on at

By and between:
Mr./Ms. S/D/o
Mr./Ms. , having Aadhaar ID number
and PAN Number and presently residing at
(hereinafter referred to as the “Trainee”);

And

Aceline Tech Solutions Private Limited, a company incorporated under the Companies Act, 1956 with its
registered office at 4-7-147/A, Nagendra Nagar Colony, Habsiguda, Hyderabad, Telangana 500007

Page 1 of 8
(hereinafter referred to as the “Company”, which expression unless excluded by or repugnant to the
context, be deemed to mean and include its successors and assigns);

The Trainee and the Company are also referred to as the “Party” in the singular and the “Parties” in the
collective.

WHEREAS:

A. The company is an entity engaged in the business of providing Information Technology Services,
Training Services, Recruitment Services and other related activities and for the purpose of
attaining its objects, the Company requires to upskill the Trainee to be employed by Bristlecone,
a client of the Company or any other clients
B. The Trainee has been offered interim offer letter or conditional employment with Bristlecone
India Limited and as part of the condition or requirement laid out in the intent letter and Exhibit
1 dated 15th September 2021 (“the Intent Letter”) issued by Bristlecone India Limited to the
Trainee, the Trainee has agreed to be bound by the terms and conditions in the Intent Letter
C. Pursuant to the terms of the Intent Letter, to meet the requirements of employment, the
Trainee is, as a condition of employment with Bristlecone India Limited, required to undergo
necessary and specialized training and/or on-the-job skill enhancement (under expert guidance)
in software development and/or related areas as necessary and/or relevant to the Trainee’s
duties and responsibilities at Bristlecone India Limited. Further, the Trainee understands and
agreed that he/she is required to undergo and clear the mandatory “Entry Level Certification
Training Test” and/or any other certification test as will be prescribed by the company, in first
attempt. The said training and skill enhancement is hereinafter collectively referred to as
“Training”.
D. Considering the significant investment that Training represents, the company seeks an
assurance in the form of this Agreement, to ensure that the Trainee will not refuse or cause to
be refused

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his employment with Bristlecone India Limited. Accordingly, the Trainee as such has agreed to
take up employment with Bristlecone India Limited as set out in this Agreement

NOW THEREFORE, in consideration of foregoing and the respective representations, warranties, covenants
and agreements set forth herein, and other good and valuable consideration, the receipt, adequacy and legal
sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1. The Trainee confirms that the Training is beneficial to the Trainee and that the provisions of this
Agreement are fairly and reasonably required for protection and preservation of the interest of
the Company and is not penal in nature.
2. The Trainee agrees that the Agreement is necessitated on account of the fact that the Trainee
has to undergo Training at Company’s cost, expense and time to acquire necessary technical and
professional skills required for discharging duties and responsibilities as an employee, and the
Trainee hereby agrees to undergo and accept the Training as arranged by the Company as per
the terms and conditions of the Letter of Intent and this Agreement. The Trainee acknowledges
that the Training shall immensely benefit and assist the Trainee not only in his/her job duties
and responsibilities at Bristlecone India Limited, but also shall significantly enhance his/her
career prospects, both at Bristlecone and outside of it.
3. The Trainee hereby acknowledges and agrees that the Training will entail significant expenditure
to the Company, including but not limited to computer time, instructor time, supervisory time,
software costs, travel and accommodation, media of delivery and skill enhancements, apart
from the Trainee’s recruitment costs. For the purposes of this Agreement, the Training costs and
related expenses are estimated by the Company to be INR 50,000 (Rupees Fifty Thousand only)
(“Training Costs and Expenses”), which is hereby accepted and confirmed by the Trainee.
4. The Trainee agrees that as part of the Training, the Trainee will study with all due care and
diligence to the best of the Trainee’s ability and abide by and confirm to all the rules and
regulations, policies, Terms and conditions of the Company in regard to Training hours, holidays,

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discipline and other conditions of the employment and/or Training or any directions given to the
Trainee by the authorized representatives of the Company.
5. The Trainee further agrees that during the period of Training, the Training will abide by the
instructions of the authorized representatives of the Company who would be guiding the
Trainee from time to time to be placed. The Company reserves to itself the right to modify or
vary, the content and/or period of the Training, without assigning any reason whatsoever.
6. In consideration of the expenses incurred by the company for the Trainee’s Training,
enhancement of skillsets and other good and valuable consideration, the receipt of which is
hereby acknowledged by the Trainee, the Trainee agrees to accept the final offer from
Bristlecone India Limited (as per the terms and conditions laid out in the intent letter) and
agrees to serve in employment for a minimum period of Three (3) months (the “Commitment
Term”) from the date of joining as employee (“Joining Date”). Even if the Trainee commits and
act or omission with the intent to deliberately cause the Company or Bristlecone India Limited to
reject or terminate his/her employment, the Trainee shall be deemed to be in breach of the
above obligation and Commitment Term.
7. The Parties agree that Commitment Term represents the minimum period by which the Training
Costs & Expenses would be amortized by the Company or its clients
8. The Trainee is aware that the Company or its client (Bristlecone India Limited) has offered
employment in view of the Trainee’s commitment to remain in employment during the entire
Commitment term and signing of this Agreement. The Trainee recognizes and accepts that the
Company would be put to substantial disadvantage, inconvenience, loss, etc., in the event of the
Trainee not accepting the final offer from Bristlecone India Limited nor serving the entire
Commitment Term.
9. Accordingly, and notwithstanding anything to the contrary:
a. In the event Employment cessation occurs at any time but before completion of 3
months from the Joining Date, the Trainee hereby agrees and undertakes to
immediately reimburse to the Company the entire Training Costs and Expenses

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10. The Trainees liability to reimburse the Training Costs and Expenses as per Clause 8 above is

without prejudice to the Company’s other rights that it shall be entitled to receive under law or
equity. Additionally, the Trainees liability to reimburse the Training Costs and Expenses as per
Clause 9 above shall constitute a debt owed by the Trainee to the Company and shall be
recoverable by the Company from the Trainee with interest thereon calculated 12% per annum
till realization.
11. The Trainee further agrees to sign all such papers, documents, promissory notes, bank

guarantee, undertakings and/or powers of attorney/letters of authority as the Company may


require in this respect or under this Agreement.
12. The Parties further agree that this Agreement shall continue to be valid and in force even if the

employment of the Trainee ceases or is terminated at any time during the Commitment Term.
13. The Parties agree that (i) the failure to enforce any right against the Trainee by the Company or

(ii) any compromise made by the Company with the Trainee for any violation of the terms in the
Offer Letter, shall not constitute a waiver of the rights that the Company enjoys against the
Employee under this Agreement or under the applicable laws.
14. It is hereby clarified that notwithstanding anything to the contrary, this Agreement shall not

affect the Company’s or its client’s right to terminate to terminate the employment of the
Trainee at any time, including refusal to continue him/her in the training whether during the
Commitment Term or anytime thereafter. It is also clarified that nothing in this Agreement
prevents the Trainee from accepting the final offer or leaving, resigning from or terminating
his/her employment (and accordingly this Agreement should not be construed as an employee
bond) and that this Agreement stipulates only the monetary amounts that the Trainee is liable
and required to repay and/or reimburse to the Company in certain specific situations as
envisaged in this Agreement
15. The Trainee agrees, recognizes and acknowledges that:

a. (i) he/she has been provided with a copy of this Agreement for review prior to signing it;
(ii) he/she has reviewed it and that he/she understands the terms, purposes and effects
of this Agreement; (iii) he/she has signed this Agreement only after having an
opportunity to seek clarifications; (iv)he/she has been given a signed copy of this
Agreement for

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his/her own records; and (v) he/she has not been subjected to duress or undue
influence of any kind to execute this Agreement and this Agreement will not impose an
undue hardship upon him/her; from performing all or any of the obligations, terms and
conditions of this Agreement.
b. He/she is subject to no contractual restriction or obligation that will in any way limit
his/her activities on behalf of the Company or prevent him/her from performing all or
any of the obligations, terms and conditions of this Agreement.
16. The Parties agree that all notices under this Agreement shall be sent by a Party to the other

Parties by acknowledgement receipt registered post and contemporaneous courier transmission


or by email to the addresses as has been provided in the intent letter or offer letter.
17. If any paragraph, sub-paragraph, or provision of this Agreement, or the application of such

paragraph, sub-paragraph, or provision is held invalid by a court of competent jurisdiction, the


remainder of this Agreement, and the application of such paragraph, sub-paragraph or
provisioning to persons or circumstances other than those with respect to which it is held invalid
shall not be affected.
18. The terms of this Agreement (read along with the Intent Letter) are the entire agreement and

understanding with respect to the subject matter hereof and supersedes all prior discussions or
representations between the Company and the Trainee
19. The Trainee acknowledges and agrees that the Company may assign any of its rights under this

Agreement to any person or entity/. This Agreement is not assignable by the Trainee.
20. No waiver by the Company of any breach of this Agreement shall be a waiver of any preceding

or succeeding breach. No waiver by the Company of any right under this Agreement shall be
construed as a waiver of any other right under this Agreement or under law. The Company shall
not be required to give notice to enforce strict adherence to all terms of this Agreement.
21. No Change, modification, or termination of any of the terms, provisions, or conditions of this

Agreement shall be effective unless made in writing and signed or initialed by all signatories to
this Agreement.

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22. All disputes arising between the Parties shall be settled under the provisions of the Arbitration

and Conciliation Act 1996 of India. The Parties agree that the arbitration proceedings shall be
conducted in Hyderabad/. Notwithstanding anything to the contrary, the Parties agree that this
Agreement shall be construed and enforced in accordance with the laws of India, without giving
effect to the conflict of law provisions thereof. Subject to the aforesaid, the courts in Hyderabad
shall have exclusive jurisdiction to resolve any disputes between the Parties that arise out of this
Agreement.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the date
written below by their own hand and seal or by their duly authorized representatives.

Trainee For Aceline Tech Solutions Pvt Ltd

Signature: Signature:

Name: Name:

Date: Designation:

Date:

Guarantor (To be filled if the Trainee is providing the security Cheque of a different person):

I, (name of the guarantor) , the


(relation to the trainee) of
(name of the trainee) who got selected for the
Bristlecone Training, have gone through the contents of this agreement and am agreeing to share the

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surety Cheque bearing number: of (bank name)
in favour of Aceline Tech Solutions Private Limited for an amount of Rs 50,000/- on behalf of
(name of the trainee). I understand that this Cheque will
not be encashed by Aceline Tech Solutions Private Limited unless does not
accept the offer and join Bristlecone and complete a minimum of 3 months of employment with
Bristlecone. We also understand that the Cheque will be returned back to us as soon as
(name of the trainee) completes the 3 months of employment at
Bristlecone post completion of the training with Aceline Tech Solutions Private Limited.

Signature of the Guarantor:

Address of the Guarantor:

Aadhaar Number of the Guarantor:

PAN Number of the Guarantor:

(Copy of the Aadhaar card and PAN Card of the Guarantor also need to be enclosed alongwith)

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