Consultancy Agreement - Appointment by a Television Network [CD1]
CONSULTANCY AGREEMENT
BETWEEN
____________________________
AND
____________________________
THIS CONSULTANCY AGREEMENT made
at _________________ this ___________ day of __________ BETWEEN
___________________ LTD. a Company incorporated under the Companies Act, 1956
and having its registered office at ________________________________
hereinafter called "the Company" of the First Part AND Mr.
____________________________________ residing at
___________________________________ hereinafter called "the
Consultant" of the Second Part.
WHEREAS the Company is carrying
on the business of running a television network and has appointed the
Consultant to assist and advise the Company in developing the Company's
programming in India as may be required by the Company and its senior officers
from time to time.
NOW THE COMPANY HEREBY APPOINTS
the Consultant on the following terms and conditions:
1. The
effective date and terms of this Agreement shall be from ___________ to
_______________ unless this agreement is terminated earlier in accordance with
clause 11 herein. The provisions of this Agreement shall govern all services
rendered by the Consultant to the Company unless otherwise agreed in writing by
an authorised representative of the Company. This agreement may be extended by
mutual consent by the Company and the Consultant and the terms and conditions
of this Agreement may be modified or amended at that time.
2. The
Company during the term of this Agreement:
a. may
consult with and seek the advice of the Consultant as deemed appropriate by the
Company with respect to the Company's programme objectives and proposed
programming development plans, objectives and strategies for India (hereinafter
called "the territory");
b. may
require the Consultant to render service as a business reporter, news person,
commentator, correspondent, analyst or any like capacity on such programmes as
the Company may determine for broadcast over network cable and local television
facilities as designated by the Company or generally in the field of news.
c. will
provide to the Consultant information and advisory material concerning business
practices relating to the services required to be rendered by the Consultant.
3. The
Consultant agrees that during the term of this Agreement he will perform the
services described in Schedule (A) which is attached herewith. These services
may be in accordance with the priorities and schedules established by the
Company from time to time and will take the form of oral and written reports
giving the Consultant's views, recommendations and suggestions concerning the
Company's current and contemplated business programme in the territory and will
also perform such other services in such a manner as the Company may require
from time to time.
4.
In consideration of the Consultant providing the
services specified herein the Company agrees to pay to the Consultant a fee of
Rs._________________ (Rupees
_______________________________per month for the term of
the Agreement from
________________
to ________________. The Company will also reimburse the Consultant reasonable
out of pocket expenses for travel, communication etc. incurred for carrying on
the services specified in this Agreement, upon submission of claims in
accordance with the Company's standard policies.
5. No
compensation will be payable to the Consultant in the event of termination.
6. All
payments shall be subject to deduction of tax at source and any other taxes.
7. The
consideration shall be payable to the Consultant within seven days from the end
of each month.
8. Relationship
of the parties:
a. It
is agreed that the relationship between the parties shall be on a principal to
principal basis and that the Consultant shall be an independent contractor and
not an ‘employee’ of the Company. It is understood that neither the Consultant
nor his agents or employees are in any way the employees of the Company for any
purpose and have no right or authority to assume or create in writing or
otherwise any obligation of any kind, express or implied, in the name of or on
behalf of the Company.
b.
This Agreement is non-exclusive and non-assignable and
any assignment by one party without the written consent of the other party
shall be void.
9.
a. This
Agreement and any services rendered hereunder are subject to all the applicable
laws and regulations of India and the rights and obligations of the parties hereto
under or in connection with this Agreement shall be determined in accordance
with the laws of India.
b. Neither
the Consultant nor his employees or representatives will take or receive any
payments in the nature of rebate or similar benefit paid directly or indirectly
by any past, current or prospective customer or supplier of the Company nor
will the Consultant pay to any employee or representative of the Company or of
the customer or supplier any amount.
c. The
Consultant shall keep confidential and safeguard business and technical
information which becomes available to him in connection with this Agreement
except that which is in the public domain or that which the Company has
permitted to be disclosed to others. In the later event the Company will advise
the Consultant in writing to whom such information should be disclosed. This
obligation on the Consultant of confidentiality shall continue for
________________ months after expiry of termination of this Agreement.
d. Within
30 days after the expiration or termination of this Agreement the Consultant
shall return all documents and all copies thereof including electronic record
containing any business and technical information disclosed to the Consultant
by the Company or in any manner procured, received by the Consultant during his
term of appointment with the Company.
10. Any
creative intellectual work done by the Consultant during this period of
Agreement shall be his own property and if the Consultant has been involved in
creating or participating in the creation of any production of creative TV
serials, films etc. produced by the Company all such production will be the
exclusive property of the Company and the copy right of the same shall rest
only with the Company.
11. This
Agreement shall come to an end on the date set out in clause 2 unless the
Agreement has been terminated prior to that date or has been renewed by the
parties for a period beyond that date.
This Agreement may be terminated
prematurely:
a. by
mutual consent given in writing and signed by both the parties hereto, or
b.
by either party at will; or
c. without
cause having been given by not less than 3 (three) month’s notice in writing
delivered by hand or by registered post with acknowledgement taken, to the
other party; or
d. by
the Company upon one week's notice in writing to the Consultant, or
e. In
the event that the Consultant is adjudged insolvent or utilises the services of
any person or firm unacceptable to the Consultant or
f. if
the Consultant violates any of the obligations under this Agreement.
12. In
the event of expiration or earlier termination neither party hereto is liable
for any reason arising from the termination, expiration or non-renewal of this
Agreement, to the other for compensation, reimbursement or damages.
13. The
Company shall have no liability to the Consultant with respect to claims
arising out of or in connection with this Agreement except for the payment of
compensation under the terms hereof.
14. The
Consultant represents and confirms that there exist no conflicting interest
which will prevent him from acting for the Company’s best interest. The
Consultant hereby undertakes not to accept any employment or appointment or to
engage in any work or business which may conflict with the interest of the
Company during the term of this Agreement.
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 the within- ) named Company ____________________)
LTD.
by its Authorised Signatory ) Mr. ________________________ in the ) presence of )
SIGNED
AND DELIVERED by the within-) named Consultant Mr. _______________) in the presence of )
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SCHEDULE - A
Consultant's responsibilities:
1. The
Consultant will render services including reporting, editing, writing etc. as
may be required by the Company;
2. The
Consultant shall be liable for his own taxes and for taking all other approvals
as may be required by Consultant
3. The
Consultant shall be liable for all registrations as may be required by the
Consultant.
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