SERVICE / CONSULTANCY AGREEMENT
BETWEEN
__________, of __________, acting through __________ (the "Company");
AND
__________, __________, of __________, PAN __________ (the "Consultant").
The Company and the Consultant are each a "Party" and together the "Parties".
RECITALS
A. The Company wishes to engage the Consultant to provide the services described below, and the Consultant has agreed to provide them, as an independent contractor and not as an employee of the Company.
NOW THIS AGREEMENT WITNESSES AS FOLLOWS.
- 1. INDEPENDENT CONTRACTOR STATUS
1.1 The Consultant provides the services as an independent contractor. Nothing in this Agreement creates a relationship of employer and employee, principal and agent (beyond the limited authority this Agreement expressly grants), or partnership between the Parties.
1.2 The Consultant is solely responsible for the Consultant's own income tax, GST (where applicable) and other statutory compliance, and is not entitled to provident fund, ESI, gratuity, leave, or any other benefit the Company provides to its employees.
1.3 The Consultant controls the manner and means of performing the services, subject to the specifications and deadlines this Agreement and the Schedule state.
- 2. SCOPE OF SERVICES
- 3. TERM
- 4. FEES
- 5. INTELLECTUAL PROPERTY
- 6. TERMINATION
6.2 Either Party may terminate this Agreement with immediate effect by written notice if the other Party commits a material breach not remedied within fifteen days of written notice of the breach, or becomes insolvent.
6.3 On termination, the Company shall pay the Consultant for services properly performed and deliverables properly completed up to the effective date of termination, and the Consultant shall promptly deliver all work product and Company property in the Consultant's possession.
- 7. CONFIDENTIALITY
- 8. NON-SOLICITATION
- 9. RESTRAINT ON COMPETING BUSINESS AFTER THIS AGREEMENT ENDS
9.3 The Parties record that a restraint of the kind in clause 9.1's first option, if chosen, may be found unenforceable under section 27 of the Indian Contract Act, 1872 against an independent contractor, and its inclusion here is not a representation by either Party that it will be enforced.
- 10. INDEMNITY AND LIMITATION
- 11. DISPUTE RESOLUTION AND GOVERNING LAW
11.3 This Agreement is governed by the laws of India.
- 12. GENERAL
12.1 This Agreement is the entire agreement between the Parties about its subject matter and supersedes all prior discussion, whether oral or in writing.
12.2 No amendment is effective unless made in writing and signed by both Parties.
12.3 If any provision is held invalid or unenforceable, the rest of this Agreement continues in effect, and clause 9.3 in particular is not affected by any finding on clause 9.1.
SIGNED for the COMPANY
__________
Signature: ______________________________
SIGNED by/for the CONSULTANT
__________
Signature: ______________________________
WITNESSES