Pages

Subscribe:

OSP LICENSE - AGREEMENT FOR “WORK FROM HOME” FACILITY

Ozg Lawyers Ozg Lawyers Ozg Lawyers Ozg Lawyers

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, .............................. ...................................................... (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.
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                                      Behalf of              

                                        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.




DoT License & Compliance Advisory
 Ozg Lawyers Ozg Lawyers Ozg Lawyers Ozg Lawyers
Email: ask@osplicense.com