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148733571 Dsa Agreement Essay

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BHARAT SANCHAR NIGAM LIMITED
(A Govt. of India Enterprise)

AGREEMENT
FOR DIRECT MARKETING & SELLING OF
BSNL SERVICES
(DIRECT SELLING AGENT)

No. - …………………………….

TOTAL PAGES: 13 Pages

Page 1 of 13

(The agreement should be typed on non-judicial stamp paper of Rs. 100/- )

AGREEMENT FOR DIRECT MARKETING & SELLING OF BSNL SERVICES
This agreement is signed on the…………………………….. by and between BHARAT SANCHAR NIGAM LIMITED, a company registered under the Companies Act 1956 having its Registered office at Bharat Sanchar Bhawan, Harish Chandra Mathur Lane, Janpath, New Delhi-110001 & Corporate office at Bharat Sanchar Bhawan, Harish Chandra Mathur Lane, Janpath, New Delhi-110001 acting through ……………………………….(hereinafter called BSNL which expression shall, unless repugnant to the context, include its successors in business, administrators, liquidators and assigns or legal representatives) of the FIRST PARTY

AND
Shri/Smt………………………………………..,
son/daughter/wife
of
…………………………by
occupation………………………….………………………, the (hereinafter called as Direct Selling Agent which expression shall include heirs, executors and administrators wherein the context so admits or requires) of the second party.

WHEREAS
1. BSNL is a telecom service provider licensed to provide various kinds of telecom services within India except Delhi and Mumbai.
2. The BSNL is desirous of appointing Direct Selling Agents (hereinafter referred as DSA) to market and sell its Telecom Services. The DSA has approached BSNL for authorizing it to act as its Direct Selling Agent for marketing and selling of BSNL’s telecom services. 3. The Direct Selling Agent has requested to sign an agreement for direct marketing and selling of BSNL’s Telecom Services whereupon and in pursuance to the said request, BSNL has agreed to sign this Agreement with the Direct Selling Agents for marketing and selling of its telecom services as given in Annexure to this Agreement.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1.

In consideration of due observance & performance of all the terms and conditions mentioned in this agreement along with the Part I and Annexure attached herewith, which are part and parcel of this agreement, BSNL and the DSA agree to sign agreement for selling of BSNL Services as mentioned in Annexure as per conditions contained in THIS agreement.

2.

It shall be valid for a period of TWO Years from the date of signing unless revoked earlier. BSNL may extend, if deemed expedient, the period of agreement by ONE YEAR at one time upon request of the DSA on mutually agreed terms. The decision of BSNL shall be final in regard to the grant of extension.

3.

DSA and BSNL hereby agree and unequivocally undertake to fully comply with all terms and conditions stipulated in agreement without any deviation or reservations of any kind, unless mutually agreed between the parties at any given time.

4.

The laws of land as promulgated/modified/amended or replaced from time to time shall govern this Agreement. BSNL reserves the right to appoint more than one Direct Selling Agent in this category in each SSA. The area of operation will be whole SSA.

Page 2 of 13

5.

This Agreement shall not be amended or modified or altered or changed in any way except in writing and duly executed by the authorized representative of each party.

6.

The Agreement is a confidential document. DSA and BSNL shall not divulge any part of this Agreement either through oral or written communication or through any other mode to any third party.

7.

The Direct Selling Agents agreed to submit a non-interest bearing Performance Security Deposit of Rs.500 (Rupees five hundred only ) which shall be refundable.

8.

BSNL reserves the right to provide such services on its own or to enter into Agreement with other parties / persons / Franchisees/Business Associates/service providers for providing similar services from time to time in future without any restriction on number of persons / parties / Direct Selling Agents, the Direct Selling Agent shall have no objection whatsoever. However, Direct Selling Agents shall exclusively engage himself / itself in marketing and selling only BSNL’s Telecom Services under this Agreement and shall not involve itself / himself in any manner either directly or indirectly in any business or activity other than of the BSNL.

IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed through their respective authorized representatives on the …….day of …….., 2008.

Sd/Signed for and on behalf of BSNL by …………………….

Sd/Mr/Ms.

In the presence of Witnesses:
1. Signature
Name
Occupation
Address
Place

2. Signature
Name
Occupation
Address
Place

Page 3 of 13

TABLE OF CONTENTS

Condition 1: Scope of the Work
Condition 2: Direct Marketing of services
Condition 3: Duration of agreement
Condition 4: Extension of agreement
Condition 5: Modifications in the Terms and Conditions of Agreement Condition 6: Restrictions on ‘Transfer of Agreement’
Condition 7: Suspension, Revocation or Termination of Agreement Condition 8: Actions pursuant to Termination of Agreement
Condition 9: Dispute(s) Settlement
Condition 10: Force- Majeure
Condition 11: Confidentiality of information
Condition 12: Indemnification
Condition 13: Relationship
Condition 14: Liability
Condition 15: General terms and conditions
Condition 16: Verification of credential of new customers
Condition 17: Commission/discount/Discount structure
Annexure A, B

Page 4 of 13

PART – I
TERMS & CONDITIONS
1.

Scope of the Work
1.1

The Direct Selling Agent shall market and sell the BSNL Services door to door to customers. The list of services are mentioned in Annexure A as per the terms and conditions agreed upon in this agreement.

1.2

It is specifically agreed by the Direct Selling Agent that it shall, at no point of time, use the BSNL name, logo, space and services under this agreement for selling other than the mentioned services in Annexure,...

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Keywords

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