Sikkim Manipal University-DE

ANNEXURE 2: TERMS & CONDITIONS

Commercials, Terms & Conditions

Below are the commercials, terms and conditions to be read and agreed by the
Venue. (Venue to affix Signature and Seal only after entering the commercial
figures)
Particulars
No. of Systems
No. of Systems booked
Exam Day Cost per System
No. of Invigilators/Proctors to be provided by
Venue
Above mentioned cost includes DG/UPS and CS, Invigilators/ Proctors, Peon and
is inclusive of all taxes.
Applicable TDS will be made on all payments.
Service Tax Applicable to the Exam Venue
(Yes/No)
Service Tax Registration Number (If Yes)
PAN Card Number
Employee State Insurance Registration No.
Is Income Tax exemption or concessional rate
Certificate available, Please provide the copy
of the certificate *
In whose name the payment to be given
Bank Account Holder Name
Bank Account Number
Name of The Bank
Bank Branch address
IFSC Code
Is cancelled cheque enclosed
Invoice of the Venue to be handed over to the SMU authorised representative
on the first day of Exam
Payment will be made direct to the bank account holder by bank transfer
* Income Tax Exemption Certificate copy to be provided along with this Venue
Certification Document, If TDS Deduction is not to be deducted.(If Applicable)
To be filled by SMU Representative (Office use only)
Reviewed by : Name:
Signature
Approved by : Name
Signature

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STANDARD TERMS & CONDITIONS

The Venue should allow our representatives to visit the Venue, inspect labs and
other facilities and take photographs of specific portions of the Venue.
During the days of the Examination, the allocated lab in the Venue will be
made available to SMU and no other activities shall be conducted in the
allocated block.
The Venue should provide drinking water & clean toilet facilities for the
candidates. Separate toilets for men and women should be provided.
The institution should provide a common bell at the start and end of each exam
at timings mandated by University.
Exams should be conducted as per University rules & regulations; any violation
there off would be penalized.
If the Venue or its staff is found to be involved in any sort of corrupt or
malpractices which affect the conduct of the exams and in the event of the
entire testing window is cancelled, full payment will be withheld.
Permitting any other persons other than the students without proper
identification by the Venue authorities, would amount to malpractice and
action, that may be deemed fit, shall be taken including withholding of
payment

Business Arrangement
These business arrangements between the parties are not exclusive. SMU,
based on the business requirement and its sole discretion shall determine
(i) whether or not to use the services of the Venue in a particular location,
(ii) whether to continue with such usage on the same terms, or on terms,
which may be altered as per mutual agreement. SMU, will however, make
its reasonable efforts to use the services of the Venue as long as it meets
the infrastructure requirements, compliance standards and the dates of
availability suit its Examination schedule.
Undertaking
The Venue undertakes that it shall refrain from booking the Venue for
someone else once booked by it for SMU. SMU shall issue a written
instruction in the form of a purchase order.
Representation and Warranty
The Venue represents and warrants that it has the legal right; all the
necessary licenses, permits, authorisations, competence and authority
which are mandatory under these arrangements are in full force and
effect. The Venue further represents and warrants that at all times it
complies with labour laws and regulations, copyright laws, information

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technology laws and any statutory regulations.

Confidentiality
During the course of their relationship under this arrangement, the SMU
may disclose any and all information of a confidential nature to the Venue
which are necessary under this arrangement. Confidential Information
shall mean all information in tangible form and marked Confidential or
Proprietary, or information not so marked, including any information but
not limited to client or customer details, purpose of exam etc., disclosed
orally, that ought to be deemed confidential by its very nature.
The Venue shall treat it with such care as it treats its own Confidential
Information but with not less than reasonable care. The Venue shall
disclose Confidential Information to only its personnel on a need-to-know
basis and always with prior written approval of SMU.
Indemnity
a)The Venue shall, at its own expense, indemnify, defend and hold
harmless SMU and affiliates, their respective officers, directors, personnel,
representatives, consultants, clients, agents and sub-contractors from and
against any and all liability suffered or incurred (including but not limited
to liabilities, judgments, damages, losses, claims, costs and expenses,
including losses, claims, costs and expenses, including reasonable
attorneys fees and expenses)or other loss that may occur, arising from or
relating to:
i)Non-performance, inadequate performance, provision of deficient
services, breach of Venue, its personnel of any of the terms, conditions,
covenants, representations, undertakings, obligations or warranties
including but not limited to the obligations of the Venue pertaining to
confidentiality , compliance standards and or any guidelines issued by
SMU from time to time.
ii) Acts, omissions, errors, representations, misrepresentations,
misconduct, negligence of the Venue and/or its personnel in performance
of its obligations;
iii) Loss, misappropriations, misuse or damage to the documents or
instruments / things that are in the possession of the Venue or its
personnel or any other persons engaged by the Venue or within the control
of the Venue.
iv) Causation of any damages to the customers of SMU through any acts or
omissions of the Venue and/or its personnel.
v) Contravention of any law, as may be applicable from time to time, or
industry practice, or violation of any policies of the SMU
a) The Venue shall be liable to pay the amounts to SMU, as determined by
SMU in its sole discretion under this provision, on demand, and SMU shall
be, without prejudice to its other rights and remedies, entitled to adjust
the amounts so determined to be due from the Venue against the future
payments due by SMU to the Venue.
b) The Venue shall co-operate fully in defending any claim/s by any local,
state or central authority against SMU with respect to any levies, taxes,
duties, fines, and/or penalties etc. due and payable by the Venue, and
shall indemnify SMU, fully and without limit, against the same.
c) The provisions of this section shall survive the termination of this
arrangement. Notwithstanding anything contained in this arrangement,

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neither party shall be liable for any indirect, incidental, consequential,

special or exemplary and punitive damages arising from the termination of
this arrangement, Provided however that foregoing limitations shall not
apply to the Indemnity obligations of the Venue contained herein.
Cancellation of the Venue by SMU:
Post booking of the Venue by SMU, SMU shall not be liable to pay the
Venue, if SMU cancel the Venue for the following reasons like political
disturbance, , non-availability of enough candidates, question paper
leakage and other natural calamities, which prevent conduct of the exam,
which are beyond the control of the SMU (Force Majeure Event). However
in case where the Venue are cancelled other than Force Majeure Event
after full preparedness being certified by SMU without any cause, three
days prior to the scheduled commencement of the exams, SMU may pay
the Venue, a sum not exceeding 5% of the value per day for that Venue .
Term and Termination
This terms and conditions of this arrangement is entered into and shall be
valid till the completion of the specified Examination as intimated by SMU.
Either Party may terminate this arrangement by prior written notice of 15
days for a material breach of its terms to the other party, provided that the
breach remains uncured for a period of 15 days to the terminating partys
satisfaction.
Dispute Resolution, Governing Law and Jurisdiction
In the event of any dispute between the parties arising out of their
binding obligations under this arrangement that cannot be amicably
settled by the parties by mutual discussion, the dispute shall be referred to
arbitration by a sole arbitrator to be mutually appointed by the parties in
accordance with the provisions of Arbitration and Conciliation Act 1996 or
any modifications or re-enactments thereof.
The law governing the arbitration proceedings shall be Indian Law, with
the proceedings being held at Gangtok, Sikkim and conducted in the
English language
Subject to the above, any action for obtaining any injunctive orders shall
be subject to the exclusive jurisdiction of the courts in Gangtok, Sikkim.
Miscellaneous
a. Any notice to either of the parties herein shall be deemed to be properly
served if sent to such party by registered post to the address provided in
this arrangement above or to such other address as may be designated by
the parties.
b. Nothing contained in this arrangement shall be construed or deemed to
create any association, partnership or joint venture or employer-employee
relationship in any manner whatsoever between the parties.
c. The headings used herein are inserted only as a matter of convenience
and for reference and shall not affect the construction or interpretation of
this arrangement.
d. No change, variation or modification of any of the provisions set forth
herein shall be valid unless incorporated as an amendment to this
arrangement, and signed by the duly authorised representatives of both
the parties.

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In Witness whereof, these presents have been signed by their authorized
representative on this. Date ..Year
Agreed By the Venue

Checked by

Venue Authorised Representative

Name:

SMU Authorised Representative

Name:

Designation:
Contact Number:

Signature:
Institution Seal(MANDATORY):

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Contact Number:

Date:

Signature: