Frequently Asked Question
1. Purpose of These Terms
These terms are intended to protect the legitimate business interests of The Good Men Enterprise. Over time, we invest significant effort, cost, training, management time, and operational planning in building our internal team, contractor network, freelancers, vendors, and service partners. When we deploy or introduce our personnel to a client, we do so in trust and strictly for the purpose of delivering agreed services. These terms exist to ensure that such access is not misused to bypass us, hire our people directly, or unfairly benefit from our business relationships.
2. Definition of Personnel
For the purpose of these terms, “Personnel” means any employee, engineer, technician, consultant, contractor, subcontractor, freelancer, vendor, supplier, service partner, or any other individual or entity that is deployed, introduced, coordinated, referred, or becomes known to the client directly or indirectly through The Good Men Enterprise. This definition applies irrespective of the nature of engagement—permanent, temporary, contractual, freelance, or project-based.
3. No Transfer of Rights or Ownership
All Personnel introduced or deployed by The Good Men Enterprise remain under our exclusive administrative, contractual, and commercial control at all times. The client does not acquire any right to employ, engage, manage, retain, or independently deal with such Personnel. Access to Personnel is provided solely to enable service delivery and does not create any ownership, employment, or future engagement rights in favour of the client.
4. Restriction on Direct Communication
The client agrees not to directly communicate with or give instructions to any Personnel except through officially authorised representatives of The Good Men Enterprise. This includes communication via phone calls, messaging platforms, emails, social media, in-person meetings, or any other informal or formal channel. All work-related communication must be routed through us to ensure accountability, service quality, and contractual clarity. Any unauthorised communication will be treated as a breach of these terms.
5. Non-Solicitation and No-Hiring Obligation
The client shall not, during the period of engagement or thereafter, directly or indirectly solicit, recruit, hire, engage, or offer work to any Personnel introduced or deployed by The Good Men Enterprise. This restriction applies to all forms of engagement, including employment, consulting, freelancing, advisory roles, retainers, or engagement through third-party agencies or related entities. This obligation applies regardless of who initiates contact or whether the Personnel is willing or available.
6. Non-Circumvention of Business Relationships
The client agrees not to bypass or circumvent The Good Men Enterprise by directly engaging with our vendors, contractors, freelancers, or service partners who were introduced or became known during the course of engagement. The client shall not use information, access, or relationships gained through us to obtain similar services independently or to replicate our service delivery structure. Any such action will be treated as intentional circumvention.
7. Applicability Even After Engagement Ends
These obligations do not end when a project is completed or services are terminated. The client agrees that the restrictions under these terms shall continue to apply for a reasonable period after the engagement ends, as such protections are necessary to safeguard our business relationships and goodwill developed over time.
8. Duration of Restriction
The non-solicitation and non-circumvention obligations shall apply throughout the duration of the engagement and for a period of twenty-four (24) months after termination, expiry, or completion of services. The client acknowledges that this duration is reasonable and necessary and does not amount to an unfair restraint of trade under applicable Indian law.
9. Financial Consequences of Breach
The client understands that any breach of these terms may result in significant loss to The Good Men Enterprise, including loss of manpower, revenue, client confidence, and business goodwill. Since such losses are difficult to quantify precisely, the client agrees to pay liquidated damages of ₹10,00,000 (Rupees Ten Lakhs only) per individual involved, or twelve months of the individual’s commercial value or billing, whichever is higher. This amount is agreed as a genuine pre-estimate of loss and not as a penalty.
10. Right to Legal Action
In addition to claiming financial damages, The Good Men Enterprise reserves the right to initiate appropriate legal action in case of breach. This includes seeking court injunctions to restrain further violation, filing civil suits for breach of contract, and recovering legal and litigation costs. The client acknowledges that monetary compensation alone may not be sufficient in certain cases.
11. No Waiver or Implied Consent
Failure by The Good Men Enterprise to immediately enforce any provision shall not be considered a waiver of rights. Any relaxation or exception must be explicitly granted in writing by an authorised representative. Verbal assurances or informal conduct shall not be considered valid consent.
12. Independent Relationship
Nothing in these terms shall be interpreted as creating an employer-employee relationship, partnership, joint venture, or agency between the client and any Personnel of The Good Men Enterprise. All Personnel continue to operate solely under our management and direction.
13. Severability
If any part of these terms is found unenforceable by a court of law, the remaining provisions shall continue to remain valid and enforceable. Any invalid provision shall be interpreted in a manner that best preserves the original intent while complying with applicable law.
14. Governing Law and Jurisdiction
These terms shall be governed by and interpreted in accordance with the laws of India. Any dispute arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of courts located in Mumbai, Maharashtra.
15. Acceptance of Terms
By engaging with The Good Men Enterprise, availing our services, or permitting access to our Personnel, the client confirms that they have read, understood, and agreed to be bound by these terms, whether or not a separate written agreement is executed.