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Agreement
for
"Work From Home” Facility
THIS
AGREEMENT is made on the … day of ….. (month) ……. (year) by and between the
President of India acting through Shri ………..................... Director/ADG, TERM
Cell (...............), Department of Telecommunications (DoT), Government of India
And
M/s.
………………………., a company registered under the Companies Act 1956, having its
registered office at ………….. acting through Shri………. Authorised signatory
(hereinafter called the ‘OSP’ which expression shall unless repugnant to the
context, include its successors in business, administrators, liquidators, legal
representatives and permitted assigns) of the SECOND PARTY.
i)
WHEREAS the
Department of Telecommunications has the authority to register OSPs, under the
Executive Instruction of the President of India.
ii) AND
WHEREAS the OSP is having / proposes to set up an Domestic/International OSP
Center at …………………………… vide Registration
No ……………dated ……………. as per the terms and conditions of Registration.
iii) AND
NOW WHEREAS the OSP has requested for “Work
From Home” Facility.
Whereupon
and in pursuance to the said request, the Authority has agreed to Register the
OSP for “Work From Home” Facility (hereinafter
called the ‘facility’) as per terms & conditions for Other Service provider
category as described in Schedule appended hereto.
NOW THE PARTIES HERETO AGREE AS
FOLLOWS:
1.
Registration for such facility (i.e.
“Work From Home” Facility) shall be valid
for a period of 3 years. This may be extended for a further period of maximum 3
years after expiry.
2.
The registration
will be effective from the date of signing of this Agreement and the agreement
shall remain valid till the validity of registration.
3.
OSP hereby agrees
and unequivocally undertakes to fully comply with all the terms and conditions as
described in schedule appended hereto and shall be binding hereinafter on the
OSP. Further, the OSP agrees:
(i)
to
the exclusive use of home agents as Extended Agent Position;
(ii)
that
the agents at home shall be treated as Extended Agent Position of the call
centre and interconnection is permitted through authorized service Providers
Provisioned (secured) VPN (PPVPN) which have pre defined locations i.e. home of
the agents and OSP centre as VPN sites. Over
and above PPVPN, the OSP may use their own security mechanism like
Authentication, Authorization and Accounting.
Such work from home facility shall be limited to the SSA of the OSP Centre
and adjoining SSAs; and
(iii)
that
the Authority shall have the right to carry out periodic/surprise inspections
of such establishment.
4.
OSP shall ensure
that the system logs are tamper-proof and system logs are preserved at least
for six months. The Authority reserves the right to call for these system logs
on demand and also inspect at site.
5.
OSP agrees to
submit a security deposit in the form of a Bank Guarantee for Rs. 1 Crore (Rupees One Crore) in
favour of the Department of Telecommunications for the period of such
registration in the prescribed format.
6.
For extension of
registration period beyond 3 years, the OSP shall submit such request for
extension alongwith extended validity period of Bank Guarantee, 60 days prior
to the expiry date, failing which the registration will lapse without notice.
7.
The authority
reserves the right to carry out the audit periodically or whenever desires so.
8.
The Authority shall
have the right to forfeit the security deposit, in case of violation of any of
the Terms & Conditions for Other Service Provider category in the Schedule
appended hereto, identified to it’s satisfaction. The OSP shall be liable for
any violation of the said terms & conditions by anyone including but not
limited to it’s employees/home agents. The authority reserves the right to take
appropriate action including cancellation of the registrations held by OSP and
the company shall be debarred from taking OSP registration for 3 years from the
date of cancellation of such registration.
9.
The Directors of
the board of a company violating OSP terms and conditions shall be debarred for
3 years from taking OSP registration directly or indirectly.
10.
OSP agrees that any
information furnished above, if proved incorrect or false will render OSP
liable for any penal action or other consequences as may be prescribed in law
or otherwise warranted.
IN
WITNESS WHEREOF the parties hereto have caused this Agreement to be executed
through their respective authorised representatives on the _________(day)
__________(month), ______(year).
Signed for and on behalf of Signed on
__/___/_____, on
President of India
M/s._____________________
By By
Mr._____________________ Mr._______________________
(Name and Designation), (Name
and Designation),
Director/ADG, TERM Cell ,............... authorised signatory and holder of
General Power of Attorney dated __________, executed in accordance with
the Resolution No. _________ ___________________, dated ___________ passed by
the Board of Directors.
In the presence of:
Witnesses:
1.
Signature
Name
Occupation. Address Place.
2.
Signature
Name
Occupation. Address Place.
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