Provider Engagement Contract

ACCEPTANCE OF TERMS

By using the website, you, the Provider, agree to be bound by our website terms of use and these Terms of Service for providers.  Please read them carefully. If you do not agree to these Terms of Service, please do not become a Provider or place a directory listing on MantraCare.org. You can review the most current version of the Terms of Service at any time at: https://provider.mantracare.org/termsforproviders

PREMIUM LISTING SERVICE

MantraCare.org provides Providers with access to the MantraCare.org Practice Directory where the Provider can create a listing to advertise their mental health, counseling, yoga, physiotherapy, or consulting practice to potential clients, consumers, and the general public.  

Providership in MantraCare.org is month-to-month and the fee is based on monthly/ annual packages that the provider opts for. MantraCare.org reserves the right to revise rates and terms under this contract at any time with email notification to the Provider. Providers may cancel their Providership to MantraCare.org at any time without refund by emailing us. Absolutely no refunds or pro-rated amounts will be given to Providers who cancel before their term of service expires. 

PRIVILEGED PROVIDERS

MantraCare.org may at its own discretion choose some providers to act as Privileged providers. Privileged providers shall be exempt from listing charges and shall get access to MantraCare clients. These clients have paid MantraCare for matching them with the right in-house or external provider. 

The following terms should apply specifically to the privileged provider in addition to other terms mentioned in the agreement:

• Service

Provider shall perform professional services under the direction and control, and for the sole benefit of, MantraCare. The provider will be available to conduct sessions during hours committed to MantraCare. Further sessions with the client can be canceled at the discretion of MantraCare if the provider exhibits a lack of punctuality and professionalism. MantraCare is authorized to collect feedback from the client.

All clients treated/ counseled by the Provider shall be processed through MantraCare’s normal client intake procedures. Provider shall conduct the session via MantraCare Partner App only. 

Clients counseled by the Provider will pay for services rendered according to a fee schedule approved in advance by MantraCare. The provider is responsible for communicating the fee schedule to all clients Provider counsels. All client fees shall be payable to Provider for accounting, receipting, and all other purposes.

• Confidentiality

The provider at all times should maintain client confidentiality. Provider shall not at any time, except as authorized in writing by Provider, publish, disclose, or authorize anyone to publish or disclose any confidential matter relating to the personnel, financial or other affairs of Provider, its employees or clients, and all such information shall be kept confidential and shall not in any manner be revealed to any person. Provider shall safeguard and protect from the review, analysis, or copying by unauthorized persons all manuals, programs, records, and client files or other information which is provided to Provider by us under this Agreement. The provisions of this Section shall survive the termination of this Agreement.

• Fee Payment

In consideration of the services/ sessions offered by the provider, MantraCare shall pay a fixed or a variable fee to the provider as mutually agreed over email. 

Computation shall be done on a monthly basis and amount shall be paid before 7th of the next month. The provider shall offer a suitable payment method (limited to Paytm, Paypal, Stripe & Transferwire) to enable the transfer of fees. MantraCare should not be held responsible for delays in payments, in case the provider, is unable to provide a suitable medium.

• Non-Solicit

Provider agrees that the relationship between MantraCare and its clients is a valuable asset to MantraCare and that except for the opportunity created by this Agreement, Provider would not provide counseling services to any clients of MantraCare.The provider is not allowed to share personal contact details (e.g. email or phone number) with clients. Upon termination of this Agreement, Provider shall have no right, claim, or interest in any professional relationships with the clients of MantraCare. 

Provider agrees and covenants that for a period of 24 months following the termination of this Agreement, the provider will not, directly or indirectly, solicit any client (referred by MantraCare), officer, director or employee, for the purpose of inducing such party to terminate its relationship with MantraCare in favor of Provider or another business directly or indirectly in competition with Client.   

In case of Non-compliance with the above clause, the provider should pay 10 times the damage/ loss caused to MantraCare. MantraCare is authorized to settle such loss from the amount due to the provider. 

INDEMNIFICATION

Provider agrees that MantraCare.org is under no obligation to the Provider except to post the Provider’s listing for the applicable term. MantraCare.org makes no representations or warranties of any kind, either expressed or implied with regard to the site, its content or its operations. To the fullest extent of the law, MantraCare.org disclaims all warranties, expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Provider agrees that MantraCare.org has no liability of any kind whatsoever to the Provider or to any individual, group, partnership, or corporation who may use the Service. Provider agrees to indemnify, hold harmless, and defend MantraCare.org and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys’ fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use of the MantraCare.org website, the placement, posting or transmission of any messages, information, Content or other materials on or through the MantraCare.org  website by you or users of your account, or any breach or violation of these Terms of Service by you or users of your account.

ACCOUNT INTEGRITY

Provider agrees to provide true, accurate, current, and complete information about themselves and their services as prompted by the Service’s sign-up procedure and to maintain and update the Service’s Listing Data to keep it true, accurate, current, and complete.

Provider agrees to choose an email/username and password as part of the Service’s registration process. The provider is responsible for maintaining the confidentiality of the password and account and is fully responsible for all activities that occur under your password or account or Providership. Provider agrees to immediately notify MantraCare.org of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session.

SERVICE WARRANTY

Provider agrees that MantraCare.org reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MantraCare.org shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Provider agrees that MantraCare.org has the right to suspend or terminate your Providership and refuse any and all current or future use of the Service for any cause and without prior notice.  

THIRD-PARTY SITES

Provider agrees that any links to third-party sites are provided solely for convenience. Such sites are not under the control of MantraCare.org, and MantraCare.org is not responsible for their content, any changes or updates to them, or the collection of any personal data or information by the operators of such sites.

COMMUNICATIONS

Provider consents to receive communications from MantraCare.org electronically. MantraCare.org will communicate with you by e-mail or by posting notices on this site. Provider agrees that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Term

The employment contemplated herein is expressly deemed to be an “at will” employment, consequently, this Agreement may be terminated at the option of either party with or without cause upon giving written notice to the other party. Upon termination, Provider shall be entitled to receive only compensation accrued for services actually performed prior to the termination date.

JURISDICTION

Provider agrees that the Providership and placement and publication of information and content on the MantraCare.org website are governed by the laws of India. 

WAIVER

The waiver of either party of a breach or violation of any provision of this Agreement shall not operate as or be construed to be a waiver of any subsequent breach hereof. 

Severability

 If any provision of this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions hereof shall continue to be fully effective.

Entire Agreement

This Agreement contains the entire agreement between Provider and MantraCAre, and supersedes any and all other agreements, written or oral, express or implied, pertaining to the subject matter hereof. No supplements, modifications or amendments of this Agreement shall be binding unless executed in writing by the parties. This Agreement may be executed in counterparts, each of which shall be deemed an original, and when taken together with other signed counterparts, shall constitute one Agreement, which shall be binding upon and effective as to all parties.