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AGREEMENT
FOR PROVIDING Earbitration.Net services
THIS
AGREEMENT made at ......... on this ......... day of ....... 2007,
between ABC Co. Ltd., a company incorporated under the Companies Act,
1956 (entity under …..statute and having its registered office at
................(forum , State government or Union Government/etc
)or (hereinafter
referred to as "the contracting party", which expression
shall unless repugnant to the context or meaning thereof be deemed to
mean and include its successors and assigns) of the First PART and
Earbitration.net unit of Legal Vistas Consultancy (P)
Ltd., a company incorporated under the Companies Act, 1956 and having
its registered office at ..........
(hereinafter referred to as "the Service provider"
which expression shall unless it be repugnant to the context or
meaning thereof be deemed to mean and include its successors and
assigns) of the Second PART.
WHEREAS “the
contracting party is having its business at dfferent locales in India
and its core business is banking /finance/consumer goods/……..
hereinafter referred to as "First Party" and it wants to
use the arbitration and related web-based services to provide
adjudication facility web-based to its customers/clients/users to its
core business activity.
AND WHEREAS
“the service provider”, hereinafter referred to as “Second
Party” who is experienced in providing eADR and related services to
“the Company and similar/other
origanzations” has offered to provide Earbitration services
“to the company/entity” at the www.earbitration.net
and the first party has agreed to avail the said services being
provided by “the service provider”.
NOW
THIS AGREEMENT WITNESSETH AS FOLLOWS:
1.
The Second Party shall provide the web-based services of eADR
and such subscribed services by the second party as described in Schedule A against the prescribed and agreed fees structure.
2.
The First Party has agreed to pay the subscription for ….
years as agreed on the (duration)/annual and non-refundable basis.
3.
The First Party has agreed to follow the rules and regulations
framed by the Second Party in smooth functioning of the web-based
services.
4.
The First party has agreed to the list of arbitrators whose
names have been approved and agreed for their core competency and
being independent persons retained by Second Party as Arbitrators,
mediators and conciliators as the stage or case may be.
5.
The First Party will make every effort and cooperation to
Second party to maintain secrecy of the process and not to infringe
any copyright or trademark held and acquired by the Second Party. The
First Party shall keep itself indemnified to Second Party in this way
and any violation will invite fixed damages of INR 50 Lacs ( or
similar value of currency at the time of infringement).
6.
The First Party will be billed on monthly basis and the Second
Party will make an invoice either through in eform or in printed form
to be reimbursed by direct payments in specified current account
of Second Party either electronically or by cheque or draft.
7.
The First Party shall designate the customer care officers who
shall be familiar with eADR practices and have basic knowledge of
response so generated, and queries so raised by the Arbitrator during
the process. All these officers representing First Party will be
certifying through digital signatures their statements. Any change in
the authorized personnel will be intimated immediately and such
change will be treated by Second Party as continuity of
representation and statements/reply/averments shall be binding.
8.
The First Party shall always ensure that the award is binding
and final on passing of award and will take every step and assure
Second Party of taking immediate steps to comply the award and any
interim directions or queries etc so raised or directed by the
Arbitrator.
9.
In case of award not being implemented by the First party
inspite it being solvent or not constrained by any court
order/direction, it will automatically agree after passing of 30 days
of award date, Second party may release such amount of money from
subscription to the consumer/applicant. That the First Party shall
make of the same on demand by the Second Party if released as in the
manner described herein above.
10.
The First Party
shall give right to Arbitrator so appointed and agreed as per clause
no.4, the right to inspect any documents both physically or in the
form and manner prescribed pertaining to the consumer/applicant. The
arbitrator will have every right to make these documents as part of
proceedings and reveal to the consumer/applicant either in full or
part.
11.
The First Party at its own expense will provide this service
so subscribed to the consumer/client free of cost unless the parties
agreeing therein.
12.
The First Party will bear any expenses apart from those
mentioned in the Schedule A to implement and defend the award or
travel of any arbitrator in relation to challenge in court or
otherwise for taking any evidence, etc. for effective discharge of
his duties.
13.
The First party shall provide and ensure that its
employees/representatives/authorized persons maintain perfect
discipline and behavior and they shall not in any manner cause any
interference, annoyance, nuisance to the management of the cases or
its business at earbitration.net
14.
The First Party hereby indemnifies and shall keep indemnified
even after expiry of this agreement in relation to such acts and
awards so passed on representation of the First Party. First Party
shall keep indemnified the Second Party for any virus attacks or
break down of its servers and such loss of information, documents,
omissions or carelessness or negligence of the employees of the First
Party.
15.
The First party will cooperate in event of rules and
regulations stipulating obtaining any permissions/licence, if any,
required under the local or central laws for providing eADR services
by the Second Party.
16.
The employer shall be entitled to supervise the services
provided by the company and if it finds that the conduct, behavior
and performance of work of any of its security guard is
unsatisfactory, it may issue directions to the company to immediately
recall the particular person and substitute him by another and the
company shall comply with such directions issued by the employer
forthwith.
17.
This agreement will be for a period of one year( or as
specified……) from the date of execution of these presents. The
First party shall, in the event of the company committing any breach
of any of the terms and conditions of this agreement or if the
services provided by the Second Party is considered to be
unsatisfactory by the First Party or for any other reason considered
by the First Party as sufficient, be entitled to terminate this
agreement by giving one month's notice in writing and First Party
shall not be entitled to any compensation in case of such
termination. The Second Party may also terminate this Agreement by
giving one month's notice in writing to the First Party.
18.
On expiry or earlier determination of this agreement, the
parties shall provide and return all documents information which may
in any way cause any damage to the parties.
19.
In case of any dispute or difference arising between the
parties under this agreement, the decision of
Mr.Bejon Mishra will be final and binding and the First Party will not be entitled to lodge any claim against the decision
of the said Mr.Bejon Mishra
20.
The stamp duty on this agreement and duplicate thereof shall
be borne by the First party. The original shall be retained by the
employer and the company shall retain the duplicate.
21.
Unless otherwise agreed upon, the respective addresses for
communication in respect of any matter relating to this agreement
shall be as under:-
For
the First party
...........................................................
For
theSecond Party
Syed
Kamran Razvi, Director,
Earbitration.net
unit
of Legal Vistas Consultancy P Ltd
26
A , L.G.F,
Poorvi
Marg, Vasant Vihar, New Delhi-57.
New
Delhi-110016,............................................................
T:
41734944 F: 41734987 e: info@earbitration.net
IN WITNESS
WHEREOF, the parties have caused their common seal to be affixed to
these presents and the duplicate, the day and year first hereinabove
written.
The
common seal of ABC Co. Ltd., the within named Company /entity
hereunto affixed pursuant to the resolution of its Board of
Directors
passed at the meeting held on
.......………..
The
common seal of Earbitration.net unit of Legal Vistas Consultancy (P)
Ltd.,
the
within named company is hereunto affixed pursuant
to
the resolution of its Board of Directors passed at the
meeting
held on ………………......
WITNESSES;
1.
2.
“SCHEDULE
A”
Annual Subscription:
Fees Structure:
Fixed time frame for
disputes : 15 to 30 days
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