THIS AGREEMENT is made on the … day of ….. (month)
……. (year) by and between the President of India acting through Shri ……….. DDG/Director,
TERM Cell (..............), Department of Telecommunications (DoT), Government
of India, .............................................................(office
address) (hereinafter called the
‘Authority’ which expression shall unless repugnant to the context, include its
successors and assigns) of the FIRST PARTY.
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. AND WHEREAS the OSP is
having / proposes to set up a Domestic OSP Center at …………………………… vide Registration No ……………dated …………… as per
the terms and conditions of Registration.
ii) AND
WHEREAS the OSP is having / proposes to set up an 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 sharing the common infrastructure between
International and Domestic
OSP Centers.
Whereupon and in pursuance to the said request, the
Authority has agreed to Register the OSP for sharing the common infrastructure
facility between the Domestic and
International OSP centres of the OSP (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 (for sharing the
common infrastructure between the Domestic and International OSP centres) 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.
4.
The domestic OSP Centre and
International OSP Centre shall belong to the same Company.
5.
OSP
shall set up call centre having atleast 50 seats.
6.
The
Domestic OSP centre and international OSP centre shall have non-sharing
separate and independent EPABX but may have the common operator position.
7.
No
voice traffic shall flow between the Domestic and international OSP centres
and, directly or indirectly, cause bypass of the network of the Authorised
Telecom Service Providers.
8.
OSP
shall ensure that the system logs are tamper-proof and system logs are
preserved atleast for six months. The Authority reserves the right to call for
these system logs on demand and also inspect at site.
9.
OSP agrees to submit a security deposit in the
form of a Bank Guarantee for Rs. 50 Lakhs (Rupees Fifty Lakhs) in favour of the Department of
Telecommunications for the period of such registration in the prescribed
format.
10. 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.
11. The authority
reserves the right to carry out the audit periodically or whenever desires so.
12. 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. The authority reserves the right to take appropriate
action including cancellation of the registration held by OSP and the company
shall be debarred from taking OSP registration for 3 years from the date of
cancellation of such registration.
13. 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.
14. 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 Behalf of
M/s.______________________
By By
Mr._____________________ Mr._______________________
(Name and Designation), (Name
and Designation),
DDG/Director, 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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SCHEDULE
TERMS AND CONDITIONS – Other Service
Provider (OSP) Category
Chapter I : Preliminary
1 : Definitions
Chapter II : General
Terms & Conditions for OSP Registration for
Domestic
or International OSP Centre
1 : General
Conditions
2 : Modifications
in the Terms and Conditions of Registration
3 : Restrictions on ‘Transfer of
Registration’
4 : Requirement to furnish information
5 : Suspension, revocation or Termination
of Registration
6 : Actions pursuant to Termination of
Registration
Chapter III : Technical
Conditions for OSP Registration for Domestic
or
International OSP Centre
1 : Terms & Conditions for OSP
Operation
2 : Terms & Conditions for Disaster
Management of OSP Centre 3 : Terms & Conditions specific to
the Domestic OSP
4 : Terms & Conditions specific to the
International OSP
Chapter IV : General
Terms & Conditions for OSP Registration for Sharing
the Common infrastructure Between Domestic or
International
OSP Centre
1 : General Conditions
2 : Duration of Registration for Sharing
the Infrastructure & Bank
Guarantee
3 : Extension of Registration for Sharing
the Infrastructure
4 : Technical Terms & Conditions for
sharing the Infrastructure
between
International OSP & Domestic OSP
(A). OPTION 1
Separate & Independent EPABX to be used for International &
Domestic OSP Centres with sharing of same operator position
(B). OPTION 2
International
& Domestic OSP Centres to share the common
EPABX
with logical partitioning
5 :
Work from Home
Chapter V : Security
Conditions
1 : Right
to inspect
2 : Prohibition
of certain Activities by the OSP
3 : Security
Conditions
Chapter VI : Miscellaneous
1 : General
2 :
Arbitration