Term and Conditions
As soon as both the companies confirm the empanelment and shake hands with each other, A formal agreement between both the parties will be signed. Wherein, the following Terms and Conditions will be signed.
The Client may terminate the Agreement without cause at any time before or during its operational execution by providing a minimum of thirty (30) days’ notice in writing to the Service Provider.
Either party shall have the right to terminate this agreement forthwith in the event the other party commits a breach of any of the material terms and conditions of this agreement and fails to remedy the same within a period of 14 days from the date of occurrence of such breach. The Service Provider shall complete all pending screening requests given by the Company, including completion and delivery of the Supplementary Reports. This clause shall survive after the termination of this Agreement.
Force Majeure
If any party fails to perform its obligations because of acts of God, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile action, civil commotion, telecommunications failure (including, without limitation, Internet failures), fires or other casualty, or causes beyond the reasonable control of the party obligated to perform, then that party’s performance shall be excused, provided that such party notifies the other party as soon as practicable of the existence of such condition and uses its best efforts to resume performance expeditiously. In the event such party is unable to resume performance of its services for a period of 15 days, then the other party shall have the right to terminate this Agreement forthwith.
Indemnity
Without prejudice to any other right available to the company under law or contract or tort or in equity, the Service Provider agrees to be liable to compensate, indemnify, defend and hold harmless, the Company, its affiliates, directors, officers, and employees, in full, from and against any losses, liabilities, damages, deficiencies, claims, actions, judgments or causes of action, costs (including attorney’s fees)(“Loss”) suffered or incurred by the Company in connection with or (i) breach by the Service Provider and/or its affiliates and/or its personnel, of any of the terms and conditions of this Agreement; (ii) any of the representations and/or warranties of the Service Provider being false, untrue and inaccurate; and (iii) any of the services provided by the Service Provider to the company under this Agreement (including any deficiencies in services). The aforesaid indemnification shall be without prejudice to any other claim/judicial remedy that the Company may have, whether by way of injunctive or mandatory relief or otherwise by the Service Provider.
Limitation of Liability
Not with standing anything stated elsewhere in the agreement or any service addendum, the Service Provider’s liability for damages incurred in connection with Services provided pursuant to this Agreement or any service addendum, shall not exceed three times the amount paid by the Company to the Service Provider for the particular service which gave rise to such damages provided that the limitation on liability shall not extend to (i) breach committed by the Service Provider of the terms and conditions of this Agreement; (ii) any loss caused to the Company due to an act of negligence or fraud on part of the Service Provider; and (iii) breach of any representation by the Service Provider under this Agreement.
NON-SOLICITATION
Each party hereby agrees that during a period from the date of commencement of this agreement to one year after the completion thereof or termination of this agreement, whichever is later, it shall not directly or indirectly solicit or offer employment or engagement or entice away on its own or on behalf of other persons or organizations any of the other party’s staff without the prior written consent of the other party in writing.