AGREEMENT
THIS Agreement made and entered in to at ……… on this ………2014,
BY AND BETWEEN
ITCON SKILL DEVELOPMENT FOUNDATION, a registered organisation having its
Corporate Office at 2554, Sec “E”, Sudama Nagar, Indore (M.P.) PIN 452009. represented by its
Director Shri Gunjan Shah hereinafter referred to as the “FIRST PARTY”
(which expression shall include its subsidiaries, associates, affiliates and legal assigns and
successors) of ONE PART:
_____________________________ , as Sole Proprietary/company/NGO concern represented
through its ____________ hereinafter referred to as the “SECOND PARTY”, (which
expression shall, unless repugnant to the context or meaning, thereof be deemed to include the
present partners and their heirs, legal representatives, executors, administrators, successors
and/or assignees) of the OTHER PART:
WHEREAS
The FIRST PARTY is a partner with Sector Skill Council under the STAR Scheme, an initiative
of Ministry of Finance & NSDC, for skilling the youth of India .
AND WHEREAS
The SECOND PARTY is into business of…………………. has approached FIRST PARTY to
execute
the
training
under
STAR
SCHEME
_____________________________________________for
at
its
providing
training
skills
center
at
training,
infrastructure and mobilization of students.
AND WHEREAS
The FIRST PARTY has authorized the SECOND PARTY to mobilize and provide training to
candidates.
NOW THEREFORE IT IS HEREBY AGREED BETWEEN THE PARTIES TO ENTER
INTO AN
AGREEMENT HERETO AS UNDER:
1. SCOPE OF TRAINING:
1.1 The SECOND PARTY shall provide the required infrastructure for training in the courses
that are being predefined by the “FIRST PARTY” as per the standard norms of SSSDC (Refer
Annex.1)
1.2 The SECOND PARTY shall provide proper training to the students as per guidelines of the
FIRST PARTY/ NSDC/SSC/QP/NOS
1.3 The SECOND PARTY shall use the training materials along with training aids as being
recommended by the “FIRST PARTY” for the purpose of the program covered under this
agreement. The course contents, or any copies thereof shall not be reproduced, resold,
transferred, or assigned by the SECOND PARTY or any person acting for or under the SECOND
PARTY, to any other person or party and it shall be the responsibility of the SECOND PARTY
to ensure that no part of the course content would be reproduced, resold, copied, or transferred
by any person/party either directly or indirectly.
2. RESPONSIBILITIES OF THE PARTIES:
2.1 “FIRST PARTY” shall be responsible for:
a) Providing a master copy of the training content based on Sector Skills Specifications.
b) Monitoring the program and its continual environment.
c) Coordinating with Sector Skill Council for assessment
d) Coordinating with NSDC for Certification, Monetary Reward
2.2. SECOND PARTY shall be responsible for:
a) Mobilization of the students
b) Provide Certified trainers by SSSDC, for successfully conducting the training in accordance
with the syllabus prescribed by the sector skill councils.
c) Providing suitable venue for training along with suitable infrastructure such as electricity,
water supply, table, chairs, boards, projectors & computers, as required at least for conducting
training programmes in accordance with the requirements stipulated by the “FIRST PARTY”.
d) Providing facilities for broadband internet connectivity in the training venue to facilitate the
trainer to: i) upload data in the ERP/SDMS, ii) provide records on the progress of training on
each batch, iii) other communication with “FIRST PARTY”, iv) maintain online batch file along
with the hard copy .
e) Facilitating the opening of bank accounts in a Bank specified by the first party (linked with
Aadhar no.) for every student.
f) The SECOND PARTY shall make sure that every enrolled student must have the Aadhar
Card. If any student does not have the same, the SECOND PARTY shall take steps to arrange
the same.
g) deposited with the FIRST PARTY before starting of each batch for the entire The SECOND
PARTY shall pay Rs. 1000/- per candidate to the first party as a non refundable assessment fee
and Rs 250 contents Fee, which need to be de batch. Minimum batch size would be 30 and
maximum batch size would be 50. Assessment & Certification of the candidate would be done by
Sector Skill Council on completion of training of a full batch.
h) On successful completion of the course, & subject to passing the assessment test each
candidate would receive certification from the Sector Skill Council and also a monetary reward
under the scheme. This monetary reward would be based on the type of course in which the
candidate has been enrolled under the scheme. No monetary award would be given under the
scheme, if a candidate does NOT pass the assessment test. This fact would be made clear to the
candidate at the time of enrolment itself by the second party and the first party in no case would
be held liable for the same.
i) The second party will arrange from the candidate an irrevocable undertaking / Debit Note to
the Bank in which the candidate has an account under the scheme, that, on successful completion
of the course, a part of the monetary reward received by the candidate would be payable as
training fee to the first party. The amount of training fee would vary depending on the type of
course, which would be specified at the time of enrollment to the candidate by the second party
on the instructions of the first party. The balance amount would remain with the candidate in his
account.
j) The second party shall NOT commence training for any batch unless and until it obtains a
written approval to do so by the first party which will only be given on fulfillment of the
following conditions in1. Assessment fee & monitoring fee @ Rs.1250 per candidate (non refundable) for a minimum
30 candidates has been transferred / deposited into the account of the first party.
2. SDMS entry into the NSDC portal has been completed for the complete batch and the same is
reflected in the SDMS on viewing by the first party.
3. Undertaking for auto debit from the candidates account in favor of the first party for each
candidate has been submitted to the Bank branch and evidence in the form of summary of the
same with endorsement from the Bank branch is submitted to the first party by the second party
3. PAYMENT OF TRAINING FEE
The First Party shall be paying to second party a total amount of Rs _________ (inclusive
of Training fees, infrastructure, Coordination charges and monitory reward of the
candidate) for its services provided. The first party would get its training fee from out of the
monetary award received by the successful candidates into his account from NSDC through an
auto debit mechanism arranged with the Bank as is reflected above. It is clearly understood by
the second party that it would get its fee for mobilization; training and infrastructure from the
first party only after the same has been received by the first party .The first party would endeavor
to pay the second party its fee within fifteen days of receipt of the same…………………………
…….
It is also clearly understood by the second party that payments for training, mobilization,
infrastructure by the first party to the second party would be made only in proportion to the
successful candidates (candidates who have passed the assessment/ evaluation test by the sector
skill council). In no case the first party would be liable for making ANY payments to the second
party for the candidates who fail this test. It is also understood that there would be no claim by
the second party upon the first party on the non refundable amount of Rs.1250/- paid by the
second party at the start of the training of each batch on account of assessment fee & monitoring
fee..
4. GUIDELINES FOR SELECTION, TRAINING AND PLACEMENT OF THE
TRAINEES:
(a) The Students should have the minimum completed education or above as desired for the
particular trade as indicated by the sector skill council
(b) Be at least 18 years.
(c) The candidates should possess the Aadhar Card and individual aadhar linked bank account in
a Bank Specified by the First Party .
(d) All the candidates need to clear/pass the assessment, to be eligible for monetary reward.
Required Documents /facility
1. AAdhar card of student
2. AAdhar card linked Bank A/C in of student in Bank Specified by the first party.
3. Proof of DOB -18 years or above
4. Passport Photograph ( 4 Nos.)
5. Certificate in support of educational qualifications and KYC document for ac opening.
5. TRAINING VENUE:
5.1 The SECOND PARTY will arrange suitable classrooms and adequate spaces for
administration activities relating to the training programme which shall meet the following
minimum requirements:
5.2 Sufficient area for set up of classrooms with all necessary infrastructures.
5.3 Sufficient spaces for record keeping and related administrative activities.
6. NOT TO UNDERTAKE COMPETING BUSINESS:
6.1 During the effectiveness of this agreement , the SECOND PARTY shall not directly or
indirectly, carry on or be engaged in any business competing with the business of “FIRST
PARTY” in relation to NSDC STAR SCHEME in that city or as provided in this agreement.
…………………………………………………………………………..
7. INTELLECTUAL PROPERTY RIGHTS & DISCLOSURE:
The SECOND PARTY disclaims any right to interest in “FIRST PARTY” trade mark/s and
copyrights relating to the methods, the programmes, courseware, operation manuals,
information, material, and services made available by “FIRST PARTY” hereunder and the
goodwill derived there from and further agrees not to divulge or disclose any technical and other
information and programs. The Second Party will seek and obtain written approval from “FIRST
PARTY” for using its name and promotional material during performance of work under this
agreement .Any violation of this clause shall be treated as an event of breach and shall result in
termination of this agreement.
8. INDEMNIFICATION:
“FIRST PARTY “shall be under no legal obligation to indemnify or hold harmless, any
third party, for any damage such third party might suffer, which may be related to the
services provided by the SECOND PARTY’s under this agreement. SECOND PARTY
hereby declares and irrevocably undertakes that it shall be defended, hold harmless and
indemnify “FIRST PARTY” against any loss, damage or claims or other law suits or
proceedings that may arise out of breach of any obligations under this agreement,
including those arising out of any accident that occurs during or in relation to the services
and assume full responsibility for the payment
of indemnification, penalties, attorney’s fees, legal costs and other charges, if any, except
liability arising in the event of transportation of trainees from their homes to the training
center and vice versa.
9. COMPLIANCE WITH LAW:
The SECOND PARTY at all times & at its own expenses will:
(a) Strictly comply with all applicable laws, rules, regulation and governmental orders, now or
hereafter in effect to its performance of this agreement.
10. TERMINATION:
10.1 “FIRST PARTY” may terminate this agreement upon a notice in writing, at any time
during the tenure of the agreement, after occurrence of any of the events specified in paragraphs
below:
a) If the SECOND PARTY does not remedy any failure in the performance of its obligations
under the agreement.
b) If the SECOND PARTY becomes insolvent or bankrupt.
10. VALIDITY OF THE AGREEMENT:
This Agreement will be effected from the date of execution and shall be valid till 30th September
2014 and would be subject to renewal if the scheme continues.
12. JURISDICTION:
That in case of any dispute arises between the parties the same shall be referred to the Managing
Director,
ITCON SKILL DEVELOPMENT FOUNDATION and its decision on the same shall be final &
binding on all parties. All disputes would be resolved within the jurisdiction of Indore court..
IN WITNESS WHEREOF the parties hereto have set and signed with seals this ‘Terms of
Agreement’ on the day, month and year mentioned above.
SIGNED & DELIVERED BY
SIGNED & DELIVERED BY
__________________________
_________________________
For ITCON SKILL DEVELOPMENT FOUNDATION
For Second Party
Witness:
1. ____________________________
____________________________
2. ____________________________
____________________________