Annexure 2.docx

7/25/2019 Annexure 2.docx

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Sikkim Manipal University-DE

ANNEXURE 2: TERMS & CONDITIONS

Cmmer!ials" Terms & Cn#itinsBelow are the commercials, terms and conditions to be read and agreed by the

Venue. (Venue to afx Signature and Seal only ater entering the commercialgures)

Particularso. o Systems

o. o Systems boo!ed

"xam #ay $ost %er System

o. o &n'igilatorsProctors to be %ro'ided by

Venuebo'e mentioned cost includes #*+PS and $S, &n'igilators Proctors, Peon and

is inclusi'e o all taxes.

%%licable #S will be made on all %ayments.

Ser'ice ax %%licable to the "xam Venue(-eso)Ser'ice ax egistration umber (& -es/)

P $ard umber

"m%loyee State &nsurance egistration o.

&s &ncome ax exem%tion or concessional rate

$erticate a'ailable, Please %ro'ide the co%y

o the certicate 0&n whose name the %ayment to be gi'en

Ban! ccount 1older ame

Ban! ccount umber

ame o he Ban!

Ban! Branch address

&2S$ $ode

&s cancelled che3ue enclosed

&n'oice o the Venue to be handed o'er to the S4+ authorised re%resentati'e

on the rst day o "xam

Payment will be made direct to the ban! account holder by ban! transer

0 &ncome ax "xem%tion $erticate co%y to be %ro'ided along with this Venue

$ertication #ocument, & #S #eduction is not to be deducted.(& %%licable)

T $e %lle# $y SMU Representative O'!e (se nly)Revie*e# $y : Name:

Si+nat(re

Apprve# $y : Name

Si+nat(re

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STANDARD TERMS & CONDITIONS

he Venue should allow our re%resentati'es to 'isit the Venue, ins%ect labs andother acilities and ta!e %hotogra%hs o s%ecic %ortions o the Venue.#uring the days o the "xamination, the allocated lab in the Venue will be

made a'ailable to S4+ and no other acti'ities shall be conducted in the

allocated bloc!.he Venue should %ro'ide drin!ing water 5 clean toilet acilities or the

candidates. Se%arate toilets or men and women should be %ro'ided.he institution should %ro'ide a common bell at the start and end o each exam

at timings mandated by +ni'ersity."xams should be conducted as %er +ni'ersity rules 5 regulations6 any 'iolation

there o7 would be %enali8ed.

& the Venue or its sta7 is ound to be in'ol'ed in any sort o corru%t ormal%ractices which a7ect the conduct o the exams and in the e'ent o the

entire testing window is cancelled, ull %ayment will be withheld.Permitting any other %ersons other than the students without %ro%er

identication by the Venue authorities, would amount to mal%ractice and

action, that may be deemed t, shall be ta!en including withholding o

%ayment

9 .(siness Arran+ement

hese business arrangements between the %arties are not exclusi'e. S4+,

based on the business re3uirement and its sole discretion shall determine

(i) whether or not to use the ser'ices o the Venue in a %articular location,

(ii) whether to continue with such usage on the same terms, or on terms,

which may be altered as %er mutual agreement. S4+, will howe'er, ma!e

its reasonable e7orts to use the ser'ices o the Venue as long as it meets

the inrastructure re3uirements, com%liance standards and the dates o

a'ailability suit its "xamination schedule.: Un#ertakin+

he Venue underta!es that it shall rerain rom boo!ing the Venue or

someone else once boo!ed by it or S4+. S4+ shall issue a written

instruction in the orm o a %urchase order.; Representatin an# /arranty

he Venue re%resents and warrants that it has the legal right6 all the

necessary licenses, %ermits, authorisations, com%etence and authority

which are mandatory under these arrangements are in ull orce and

e7ect. he Venue urther re%resents and warrants that at all times it

com%lies with labour laws and regulations, co%yright laws, inormation

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technology laws and any statutory regulations.

< Cn%#entiality

#uring the course o their relationshi% under this arrangement, the S4+

may disclose any and all inormation o a condential nature to the Venue

which are necessary under this arrangement. $ondential &normation

shall mean all inormation in tangible orm and mar!ed =$ondential> or

=Pro%rietary>, or inormation not so mar!ed, including any inormation butnot limited to client or customer details, %ur%ose o exam etc., disclosed

orally, that ought to be deemed condential by its 'ery nature.

he Venue shall treat it with such care as it treats its own $ondential

&normation but with not less than reasonable care. he Venue shall

disclose $ondential &normation to only its %ersonnel on a =need?to?!now>

basis and always with %rior written a%%ro'al o S4+. In#emnity a)he Venue shall, at its own ex%ense, indemniy, deend and hold

harmless S4+ and afliates, their res%ecti'e ofcers, directors, %ersonnel,

re%resentati'es, consultants, clients, agents and sub?contractors rom and

against any and all liability su7ered or incurred (including but not limitedto liabilities, @udgments, damages, losses, claims, costs and ex%enses,

including losses, claims, costs and ex%enses, including reasonable

attorneysA ees and ex%enses)or other loss that may occur, arising rom or

relating to

i)on?%erormance, inade3uate %erormance, %ro'ision o decient

ser'ices, breach o Venue, its %ersonnel o any o the terms, conditions,

co'enants, re%resentations, underta!ings, obligations or warranties

including but not limited to the obligations o the Venue %ertaining to

condentiality , com%liance standards and or any guidelines issued by

S4+ rom time to time.

ii) cts, omissions, errors, re%resentations, misre%resentations,misconduct, negligence o the Venue andor its %ersonnel in %erormance

o its obligations6

iii) Coss, misa%%ro%riations, misuse or damage to the documents or

instruments things that are in the %ossession o the Venue or its

%ersonnel or any other %ersons engaged by the Venue or within the control

o the Venue.

i') $ausation o any damages to the customers o S4+ through any acts or

omissions o the Venue andor its %ersonnel.

') $ontra'ention o any law, as may be a%%licable rom time to time, or

industry %ractice, or 'iolation o any %olicies o the S4+

a) he Venue shall be liable to %ay the amounts to S4+, as determined byS4+ in its sole discretion under this %ro'ision, on demand, and S4+ shall

be, without %re@udice to its other rights and remedies, entitled to ad@ust

the amounts so determined to be due rom the Venue against the uture

%ayments due by S4+ to the Venue.

b) he Venue shall co?o%erate ully in deending any claims by any local,

state or central authority against S4+ with res%ect to any le'ies, taxes,

duties, nes, andor %enalties etc. due and %ayable by the Venue, and

shall indemniy S4+, ully and without limit, against the same.

c) he %ro'isions o this section shall sur'i'e the termination o this

arrangement. otwithstanding anything contained in this arrangement,

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neither %arty shall be liable or any indirect, incidental, conse3uential,

s%ecial or exem%lary and %uniti'e damages arising rom the termination o

this arrangement, Pro'ided howe'er that oregoing limitations shall not

a%%ly to the &ndemnity obligations o the Venue contained herein.D Can!ellatin 1 te 3en(e $y SMU:

Post boo!ing o the Venue by S4+, S4+ shall not be liable to %ay the

Venue, i S4+ cancel the Venue or the ollowing reasons li!e %olitical

disturbance, , non?a'ailability o enough candidates, 3uestion %a%er

lea!age and other natural calamities, which %re'ent conduct o the exam,

which are beyond the control o the S4+ (=2orce 4a@eure "'ent>). 1owe'er

in case where the Venue are cancelled other than 2orce 4a@eure "'ent

ater ull %re%aredness being certied by S4+ without any cause, three

days %rior to the scheduled commencement o the exams, S4+ may %ay

the Venue, a sum not exceeding EF o the 'alue %er day or that Venue .G Term an# Terminatin

his terms and conditions o this arrangement is entered into and shall be

'alid till the com%letion o the s%ecied "xamination as intimated by S4+.

"ither Party may terminate this arrangement by %rior written notice o 9Edays or a material breach o its terms to the other %arty, %ro'ided that the

breach remains uncured or a %eriod o 9E days to the terminating %artyAs

satisaction.H Disp(te Resl(tin" 4vernin+ 5a* an# 6(ris#i!tin

&n the e'ent o any dis%ute between the %arties arising out o their

binding obligations under this arrangement that cannot be amicably

settled by the %arties by mutual discussion, the dis%ute shall be reerred to

arbitration by a sole arbitrator to be mutually a%%ointed by the %arties in

accordance with the %ro'isions o rbitration and $onciliation ct 9IID or

any modications or re?enactments thereo.

he law go'erning the arbitration %roceedings shall be &ndian Caw, withthe %roceedings being held at *angto!, Si!!im and conducted in the

"nglish language

Sub@ect to the abo'e, any action or obtaining any in@uncti'e orders shall

be sub@ect to the exclusi'e @urisdiction o the courts in *angto!, Si!!im.I Mis!ellane(s

a. ny notice to either o the %arties herein shall be deemed to be %ro%erly

ser'ed i sent to such %arty by registered %ost to the address %ro'ided in

this arrangement abo'e or to such other address as may be designated by

the %arties.

b. othing contained in this arrangement shall be construed or deemed to

create any association, %artnershi% or @oint 'enture or em%loyer?em%loyeerelationshi% in any manner whatsoe'er between the %arties.c. he headings used herein are inserted only as a matter o con'enience

and or reerence and shall not a7ect the construction or inter%retation o

this arrangement.d. o change, 'ariation or modication o any o the %ro'isions set orth

herein shall be 'alid unless incor%orated as an amendment to this

arrangement, and signed by the duly authorised re%resentati'es o both

the %arties.

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&n Jitness whereo, these %resents ha'e been signed by their authori8edre%resentati'e on this////. #ate //..-ear

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greed By the Venue $hec!ed by

Venue uthorised e%resentati'e

ame

S4+ uthorised e%resentati'e

ame

#esignation

$ontact umber $ontact umber

Signature #ate Signature

&nstitution Seal(4#K-)

Documents

Annexure 2.docx