Business Services Agreement[CD1]
AGREEMENT made at Mumbai
this ____ day of _______ 2000 BETWEEN ------------------ situated at
---------------- (hereinafter referred to as "the Centre") of the One
Part AND -------------- a Company incorporated under _______________________
and having its corporate / registered office at ____________________________a
Company hereinafter called "the Client") (which expression should
include its successors and assigns) of the Other Part;
AND WHEREAS the Centre is a
member of ________________ Society, having its registered address
at____________ and hereinafter referred to as the "said Society" and
is in possession, use and occupation of the premises _________________,
hereinafter referred to as the "said Premises".
AND WHEREAS the Centre is
carrying on the business of providing office services in the name and style of
------------------- at the said premises --------------------------------- and
for that purpose has made arrangements to render office facilities and services
to persons who require such facilities for their business temporarily and on
contract;
AND WHEREAS the client is
carrying on the business of ______________ and is desirous of availing certain
office facilities to enable it to more conveniently carry on it's said
business.
AND WHEREAS the Client has
requested the Centre to grant to the Client such facilities;
AND WHEREAS Centre has
agreed to grant the same on the terms and conditions mutually agreed upon;
AND WHEREAS the parties
hereto are desirous of recording the said terms and conditions.
NOW THIS AGREEMENT
WITNESSETH AS UNDER:
1.
The Centre hereby agrees to grant to the
Client certain office facilities in the said premises as set out herein to more
conveniently carry on its said business in the name and style of
----------------------- and as incidental to such office services the Centre
has permitted the Client to use until otherwise decided, a portion of the said
premises and also to make available other ancillary office facilities,
amenities, conveniences and services therein.
2.
The Centre has agreed to render the following
services to the Client:
i.
to occupy and use a portion of the Business
Centre at the said premises for itself, its bonafide employees and visitors,
for the purpose of carrying on the client's said business
ii.
to use furniture, fixtures and fittings
provided in the said Centre.
iii.
to avail of a peon's facility as may be
reasonably required to attend to the needs of the Client,
iv.
to avail the use of three telephone
connections (two local and one with ISD facilities) in the Centre
v.
to avail the use of air-conditioner in the
Centre.
vi.
Any further facilities which Centre at its
discretion considers it necessary to provide to the Client.
vii.
It is hereby expressly agreed and declared
that save as otherwise herein expressly provided, the office services to be
provided under this agreement, the Centre may at it's sole discretion permit
it's other clients to avail of or share in common any of the said office
services hereby agreed to be provided.
3.
The Client further agrees and undertakes:
a.
to take all reasonable and good care of the
said Centre and furniture, fixtures and fittings therein as per separate list
prepared and signed by the Centre and the Client) therein and not to cause any
damage thereto or to any part thereof. To keep and maintain the fixtures and
fittings in good order and condition, reasonable wear and tear or an act of God
or for the reasons beyond the Control of the Client being excepted. In the
event of any damage thereto or destruction thereof, save for reasons excepted
as aforesaid, the Client shall at its own cost and expense immediately repair
and/or replace the same or at the option of the Centre, the client pay the cost
of such repair or replacement that may be carried out by the Centre.
b.
to bring into the said Centre only office
records and documents etc. but in any event no hazardous and inflammable items
or things shall be brought into the office by the Client.
c.
to use the said Centre only for commercial
purpose as an office and in a lawful manner and in any event not to make any
illegal use of the same and not to cause any disturbance, nuisance or annoyance
to others in the said Centre.
d.
In the event of the Client making use of the
aforesaid facilities for any purpose other than confide commercial office
purposes and the same resulting in any civil or criminal action, the Client
shall keep Centre fully indemnified of and from and against all arise there
from.
e.
not to allow or permit any outsiders to use
the premises or any part thereof.
f.
to remove all their articles, belongings and
things lying in the said Centre on expiry of the term of the arrangement or in
the event of prior termination, upon the date of termination.
g.
to observe and perform all the rules,
regulations and bye-laws of the said Society wherein the center is situate, the
client having made himself aware of all such rules, regulations and bye-laws
and shall indemnify and keep indemnified the Centre against any loss or damage
incurred by the Client for non-performance by the Client as aforesaid.
h.
Not to do or suffer to be done anything in or
around the said premises which is or is likely to cause prejudice to the rights
and entitlements of the Centre as the member of the Society.
i.
Not to make any structural or other
alterations, modifications or additions in the said premises, except with the
prior written consent of the Centre which shall not be unreasonably withheld.
j.
Not to alter or change the original colour on
the outer or inner wall of the said premises, except with the written consent
of the Centre.
4.
The Centre agrees to:
a.
keep the said Centre clean and tidy and
provide electricity.
b.
Provide a common peon facility entirely at
its own discretion as may reasonably be required to attend to the needs of the
Client.
c.
Provide access to the NOC of the Centre's
three telephone connections of which one shall have STD facility.
5.
It is mutually agreed between the parties
hereto as follows:
a.
The term of this arrangement shall be for
three months, commencing from the date of this agreement and the same shall be
renewable for a further like terms, for a total period of 3 year commencing
from the 1st day of April 2000 and ending on 31st March, 2003. Provided, however
that the Centre may at it's absolute discretion and without assigning any
reason in that behalf refuse to grant any removal.
b.
In consideration for the services to be
rendered the Centre shall from time to time submit their Bill for quarterly
Standard Services charges at the rate of Rs. _______/- (Rupees ________________
only) for the first four quarters, Rs.___________ (Rupees _______________ only)
for the next four quarters and Rs._____________
(Rupees______________
only) for the last four quarters. The Client shall also be liable to pay for
the telephone rentals and the telephone calls made by the Client, electricity
consumed by the Client and also other services specifically utilised by the
Client on actual. These bills shall be paid by the Client within a week and in
any event before demanding refund of the security deposit amount deposited by
the Client with the Centre.
c.
The arrangement herein is purely temporary
and personal and not transferable under any circumstances and the Client shall
not be entitled to assign or transfer the benefit of this arrangement to any
other person/persons on any basis whatsoever.
d.
No tenancy, leave and license or any other
protected rights whatsoever permitting the Client or its employees to come upon
and use the said premises or any part thereof is created or intended or sought
to be created by these presents and the parties hereto shall not plead any oral
variation to the provisions thereof. The variation if any hereto shall not be
valid, binding upon or enforceable against the parties hereto unless the same
are duly recorded in writing in the form of supplemental agreement signed by
both the parties hereto.
e.
The Client shall be allowed to display its
name board outside the premises at the place allotted by the Centre.
f.
If the services charges/bills payable by the
Client have been outstanding for two weeks from the date of receipt of the
bill, the arrangement herein shall not be extended and thereupon on expiry of
the two weeks, the Centre shall be entitled to prevent access to the Client and
its employees in to the said premises and every part thereof and allow the
Client one day's time to remove its belongings. In the event of the Client
refusing or neglecting to remove its belonging from the said premises, the
Centre shall be entitled to open the premises or any part thereof allotted to
the said Client using the original key in their possession and in the presence
of witness remove the articles and things therein after making a list thereof.
It is expressly agreed that the Centre shall not render itself liable for any
civil or criminal action by so doing. This authority retained by the Centre and
expressly agreed to by the Client is irrevocable and constitutes the basis for
this agreement and the Client shall not be entitled to dispute, challenge or
call into question the validity or reasonableness of this provision.
g.
Any delay or indulgence by the Centre in
enforcing the terms and conditions of this Agreement or any forbearance or
giving of time to the Client shall not be construed as a waiver on the part of
the Centre of any breach or non-observation and or non- compliance of any of
the terms and conditions of this Agreement by the Client nor shall it in any
manner prejudice the rights of the Centre against the Client.
h.
All letters, receipts, notices or
communications issued by the Centre or the Client and dispatched by Registered
Post with Acknowledgement due or delivered by Hand Delivery to the address on
the record of the other will be sufficient proof of receipt thereof by the
other and shall be an effectual discharge on the part of the party forwarding
the same and the same shall be deemed to have been received by the other party
on the normal expiry period under post.
i.
The Centre shall not be responsible or liable
for any:
1.
Theft, loss, damage or destruction of any
property of the Client or any person living in or visiting the said premises or
in the said building from any cause whatsoever.
2.
for any personal or other injury caused to
the person for the time being in the said premises on any account.
j.
In the event of the Client committing any
breach of the terms and conditions herein contained and failing within 7
(seven) days of the receipt of a notice in writing in that behalf given by the
Centre to remedy or make good such breach the Centre shall be entitled to
forthwith revoke and or terminate the arrangement and/or the permission granted
and in such an event the provisions of clause 5(g) of this Agreement shall
apply mutatis mutandis.
k.
Each party shall bear and pay the fees of
their respective legal representatives.
6.
As security for the due performance of the
provisions hereof the Client shall deposit with Centre an interest free
security deposit of a sum of Rs.-----/- (Rupees --- ). The said interest free
security deposit, after deducting there from the amount of arrear or other dues
if any from the Client shall be refunded by Centre to the Client without
interest on the arrangement herein coming to an end, howsoever and when so
ever, and upon the Client removing itself and all its belongings and things
from the said premises.
7.
The Centre shall be at liberty to terminate
this Agreement or any renewal thereof by giving the Client three months notice
in writing stating therein its desire to do so and on the expiry of such
notice, and on the client removing itself, it's employees and belongings from
the said premises and otherwise performing it's obligation under this agreement
the Centre shall refund to the Client the interest free security deposit amount
as contained in clause 6.
8.
Upon the termination of this Agreement or
sooner determination and upon the failure of the Client to remove itself, its
employees and its belongings from the said premises. The Client shall be liable
and hereby agrees to pay to the Centre liquidated damages of Rs._____________
(Rupees
__________only) and compensation
and/or manse
profits of
Rs.__________
(Rupees____________) per day
for the wrongful and unauthorised use of the said premises and the facilities
provided therein. The Centre shall be entitled without prejudice to its other
rights to forfeit the security deposit in the event of any breach on the part
of the client.
9.
It is further agreed and declared between the
parties hereto that the permission hereby granted by the Centre to the Client
to use a portion of the said premises is incidental to the availing of office
facilities, amenities and services provided by the Business Centre to the
Client and the Client shall not be entitled to avail other facilities
separately as the arrangement is composite, impartibly and indivisible.
10. Any
dispute between the parties hereto shall be referred to the sole arbitration of
Mr________________. Having his / its office at ______________and shall be
subject to the provisions of the Arbitration and Conciliation Act, 1996.
IN WITNESS WHEREOF the
parties hereto have hereunto set and subscribed their respective hands, the day
and year first hereinabove written.
SIGNED AND DELIVERED
by _______________________
)
as partner / proprietor of the Centre.) in
the presence of _____________ ) SIGNED AND DELIVERED by the ) With
in named ______________ ) in the presence of____________ )
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