Draft Document

EOI for Empanelment of Channel Partners for

Marketing, Selling and Support to customer

for BSNL Web hosting & Message hosting services.

% CGM Data Networks, CTS Compound, Netaji Nagar, New Delhi- 110 023 EOI No. BSNL/DNW/ MCC/ WH/
(Visit us at http://www.datanetwork.bsnl.co.in)

Price: Rs. 563/- only

EOI for Web Hosting

O/o Chief General Manager Data Networks CTS Compound, Netaji Nagar, New Delhi- 110 023 Empanelment Of Channel Partners For Marketing, selling and support to customer for Web Hosting and Message Hosting Services of BSNL Table of Contents Sl No Particulars Page No i. ii 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16. 17 Index Notice inviting EOI Introduction Architecture Technical information Scope of the Work Eligibility Requirements General (Commercial) Conditions Franchise Model Responsibilities of the Channel Partner Discounts Policy Information/Documents as part of the EOI Clarification of EOI Document Procedure of Submission of EOI Annexure -1 - Format of Certificate regarding Close relatives working in BSNL Annexure-2 Format of Non-Disclosure certificate Annexure III Agreement Annexure IV Proforma of PBG 26 27 23 18 19 20 21 22 Evaluation of proposals and award of contract 19 2 4 7 7 8 10 11 11 16 17

EOI for Web Hosting

Issued to, if sold at % Chief General Manager Data Networks, New Delhi 110 023 Name & Complete Postal Address D.D. No & Date Amount: Name of the Bank: OR This is to certify that I M/s. ........................................................Station........................... Downloaded the EOI Schedule from Website and submitting. The Cost of EOI Schedule of Rs. ............ is enclosed herewith in the form of DD.No...................... dated.............. from the Bank......................payable at New Delhi.

EOI for Web Hosting

NOTICE INVITING EOI

SALE OF EOI SCHEDULES AVAILABILITY OF EOI SCHEDULE FOR DOWNLOADING FROM WEB SITE DUE DATE OF RECEIPT OF EOI SCHEDULE FROM TO 05.11.2007 01.12.2007
www.datanetwork.bsnl.co.in

UPTO 1500HRS. OF DT 10.12.2007

TIME, DATE & VENUE OF EOI OPENING at 1530HRS. on10.12.2007 at DGM (BD&Mktg) Data Networks, CTS Compound, Netaji Nagar, New Delhi110 023

On behalf of Bharat Sanchar Nigam Limited, EOI are invited from eligible partys for the Empanelment Of Channel Partners For Marketing, selling and support to customers for Web Hosting and Message Hosting Services of the Bharat Sanchar Nigam Limited (BSNL) at O/o DGM (BD&Mktg) Data Networks, CTS Compound Netaji Nagar, New Delhi- 110 023
The CGMT and the representatives nominated by him reserves the right to make modification, addition, and deletion to the EOI. Vendor Eligibility Conditions: -

a. The Company Bidder should be a registered & incorporated company in India under the Indian Companies Act, 1956. b. The bidder must have an annual turn over of Rs. 25 Lakhs in each year for the last 2 years in the year 2005-06 and 2006-07. Audited Balance sheets for the last 2 years shall be enclosed as supporting document. c. The bidder must have the contact office in Banglore. If the same is not available then it has to be opened, if the work is awarded to bidder. d. The Bidder must be having experience in design, development and maintenance of Web Pages including Domain Name registration, Web Hosting, Message Hosting Services, Database Administration and

EOI for Web Hosting

associated activities more than 100 customers in the last two years. Self certificate with the list of clients to be submitted along with bid. e. Proven-ness Certificate - The bidder shall supply documentary evidence/ verifiable reference for at least 10 customers (name, address, telephone no, web-site address and email-id) of the customer(s) referred to in clause above for enabling assessment of the performance with a certification from the Service Provider where the solution has been implemented by the Bidder.
EMD in the form of Rs 2,000/- (Rupees two thousand only) in the form of
crossed demand draft, drawn on any scheduled bank payable at New Delhi, in favour of Accounts Officer, o/o Chief General Manager Data Networks, Bharat Sanchar Nigam Limited, New Delhi.

. EOI security in the form of Bank Guarantee will be Rs. 10,000 (Rs. Ten Thousand Only).
Intending Channel Partners may obtain copy of the tender document along with relevant specifications from the DGM(BD&Mktg) Data Networks, CTS compound, Netaji Nagar, New Delhi on payment of Rs.563/- (Rupees Five Hundred sixty-three Only) nonrefundable, with effect from dt. 05.11.2007, upto dt. 01.12.2007 between 10.00 hrs, and 16.00 hrs on working days. The payment will be accepted in the form of crossed demand draft, drawn on any scheduled bank payable at New Delhi, in favour of Accounts Officer, o/o Chief General Manager Data Networks, Bharat Sanchar Nigam Limited, New Delhi. B) EOI schedule can also be downloaded from the website

http://www.datanetwork.bsnl.co.in and can submit duly filled in.

C) Such of the EOI schedules submitted by downloading from website, should enclose cost of EOI schedule Rs. 563/- in the form of DD drawn from any schedule bank in favour of A.O. (Data Networks) % CGM Data Networks, BSNL, New Delhi payable at New Delhi (nonrefundable) and those schedules received without DD will be rejected. BSNL will not be held responsible for any error/ missing of schedule data while downloading by the Channel Partner. The notice inviting EOI is published on the website of www.datanetwork.bsnl.co.in

DGM(BD&M) Data Networks CTS Compound, Netaji Nagar, New Delhi- 110 023 strivedi@bsnl.co.in Ph: 011-2611 7557

EOI for Web Hosting

No. BSNL/ DNW/ MCC/ WH/

Dt. 02.11.2007

CGM Data Networks, BSNL New Delhi intends to invite EOI for Empanelment of Channel Partners for Marketing, Selling and Support to customer for BSNL Web & Message hosting services for BSNL at CTS Compound, Netaji Nagar, New Delhi110 023
FOR DETAILS KINDLY VISIT OUR WEBSITE http://www.datanetwork.bsnl.co.in

DGM(BD&M) Data Networks, CTS Compound, Netaji Nagar, New Delhi- 110023

TIME TABLE FOR TENDERING PROCESS Advertisement date Comments to be obtained from Vendors. Vendor Conference : 5.11.2007 : 14.11.2007 : 19.11.2007

Reply to clarifications and suggestions obtained till the vendor conference : 26.11.2007 Submission & Opening of Bids : 10.12.2007

EOI for Web Hosting

1. INTRODUCTION Bharat Sanchar Nigam Ltd. formed in October, 2000, is Indias Number One Telecommunications Company providing comprehensive range of telecom services in India: Wireline, CDMA mobile, GSM Mobile, Internet, Broadband, Carrier service, MPLS-VPN, VSAT, VoIP services, IN Services etc. The internet service is provided by BSNL under the Brand name of BSNL Bradband, BSNL Internet etc., which primarily deals with Broadband Internet and dialup Internet Service. It has a registered customer base of more than 25 lakhs. In addition it offers MPLS VPN, Internet leased lines with speed ranging from 64 Kbps to 155 Mbps. Keeping pace with the technological trend, BSNL has been launching different types of Internet Services from time to time. DEFINITIONS: The Bidder means the individual or firm who participates in the tender and submits the bid. The Services means the services related to the Web hosting services and Message Hosting Services offered by BSNL. The customer means the existing customer of BSNL or an individual/ firm who seeks the Data Services exclusively Web Hosting and Message Hosting services of BSNL. The Channel Partner means the successful bidder who is empanelled on the basis of the bid submitted for this EOI. 2. Architecture Network Architecture BSNL has established State of the Art MPLS VPN technology Core Network spread across more than 100 cities in the country. The two layers of the MPLS backbone are the CORE & the EDGE networks. The CORE Network comprises the routers connected with the high speed STM-16 transmission links whereas the EDGE network comprises the EDGE routers connected to the CORE routers through the Gigabit Ethernet or STM-1 links. This layer aggregates customer traffic, enforces QOS and extends managed access to the customers.

EOI for Web Hosting

Data Center Architecture BSNL announces upgraded Web hosting and Web co-location offerings to the customers from entirely new platform at heavily slashed tariffs and launches Corporate Email Solutions (Message Hosting). Customers can now avail of BSNL web hosting services at very competitive prices. BSNL has established state of art Data Centers at four locations: Bangalore, Noida, Mumbai and Pune that provide a world class, robust and secure hosting environment where customers can outsource their web hosting / message hosting requirement to BSNL at the most affordable rates. Data Center facilities: The Data Center has Environmental facilities such as Precision Controlled humidity and air conditioning, Dust free, fire-safe space, Raised flooring, UPS in redundant configuration, main power supply with dual engine alternator, Battery Backup power supply in redundant configuration etc. Security features such as Biometric Access Control (Physical) and Surveillance system, Building management system with water leakage detection, rodent repellent system, CCTV, Microprocessor based Intelligent Addressable fire alarm and Fire suppression system, State of Art security environment comprising firewall, Intrusion Detection System, Load balancers and LAN Switch are available in the Data Center. The Data Center has robust connectivity with BSNLs MPLS Core Network with All data centers connected through BSNLs Pan India network. The Data Centers has been designed such that there is No Single point of failure of network connectivity. The Data Center has Skilled support staff for 24 X 7 monitoring

3.

Technical Information Web Hosting BSNL has built up multi-terabyte storage for offering web hosting services to its customer. Web Hosting services are available for all users, ranging from home users who wish to establish their web presence to corporate houses with high-end hosting requirements. The datacenter is equipped with fast servers on powerful and robust hardware and sizeable amount of internet bandwidth. By hosting their web pages/ web-site on the web servers of BSNL, the customer is assured of superior bandwidth infrastructure ensuring faster connections, high availability, Backup, round the clock monitoring, high level security such as firewall, IDS and Antivirus. Web hosting is offered to the consumer in multiple formats based upon the users requirements.

EOI for Web Hosting

The following are the salient features: Web-Space on Servers based on Unix and Windows for hosting HTML pages with browser supported MIME types Domain name hosting Server side scripting: CGI, Perl. Java Servlets , JSP, ASP, PHP Web Server: Apache, Tomcat. DB Hosting : MySQL / Oracle / MS SQL SMTP, POP, IMAP, SSL, WAP FTP access for uploading /downloading files Multiple Web Hosting Plans to choose Customer access for analyzing web site performance through analysis tool. The Tariff for Web Hosting Services are available on BSNL website www.datanetwork.bsnl.co.in. As per the requirements it is periodically changed. Various plans are available to suit the different type of customers for their different requirements. Special customized plans to suite big corporate can also be offered. (Conditions apply). The various other attributes are also available and mentioned on our web site. These will be made known to our Channel Partners for effective selling and services. Message Hosting Services (Corporate Email Solution) BSNL provides message hosting services for its corporate users to allow them to have full control over their corporate communication. The solution aims to provide custom branding coupled with feature rich, secure and efficient messaging service which can be used by the corporate employees. The following are the salient features: Domain Name Hosting Multiple e-mail ids with flexible mail quota possible. Antivirus/ Anti-Spam SMTP, POP, IMAP, SSL. Mail Forwarding facility, Mailing List Multiple Message Hosting Plans to choose The tariff and various packages as on date are available on our web site and the salient features for selling will be made known to our Channel Partners for effective selling and sales of services.

EOI for Web Hosting

4.

Scope of Work: In order to provide outstanding facilities to BSNL internet customers it is proposed to empanel the Channel Partners for selling the space for Web Hosting and Message Hosting under the Services of BSNL and to help the customer in launching and maintaining the content. Purpose of EOI To carry out all the above said activities it is proposed to call for Expression Of Interest from reputed firms across India who are well versed in the field of Web Services to provide Web Hosting Services as a complete package with domain name registration, Web Page Design, data base support, Marketing of the Services, Provisioning, Fault Analysis, Marketing and Customer Support. Interacting with the Customers Working out a solution for Web hosting Completing the Commercial formalities like filling the application form, submitting to BSNL, Making the payment, Getting the Work Order issued, Getting the site launched. Designing the Web pages, helping the customer in Domain Name Registration if the customer is not having an existing domain. Providing the required assistance and support to the customer in ensuring the uptime of the site and the content. Interacting with BSNL for the implementation of the proposed solution to the customer. Providing the support / assistance in guiding the customer for Fault booking, Technical Query and any other assistance in running the web hosting facility to the customer.

Whenever the Channel Partner books order, it shall open an office in that state for support the above said activities. The hosting of the site remotely and its management remotely is completely customers responsibility. The Channel Partner may provide these services also to customer, if the same is needed by the customer. The Channel Partner is to charge the customer for all the services rendered by him i.e., for registration, web designing, web hosting and maintenance as per the existing market prices, if the customer needs the same. BSNL is only responsible for providing contracted space in the server. The charges levied by the Channel Partner for the above do not fall under the purview of BSNL and the Channel Partner shall indemnify BSNL from any disputes that may arise out of the transactions between Channel Partner and customers. In case the Channel Partner refuses to carry out the work at the mutually

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agreed prices with the customer, the BSNL reserves the right to terminate the Channel Partner ship. 5. Eligibility Requirements 5.1. General Requirements II. The Company Bidder should be a registered & incorporated company in India under the Indian Companies Act, 1956. III. The bidder must have an annual turn over of Rs. 25 Lakhs in each year for the last 2 years in the year 2005-06 and 2006-07. IV. The bidder must have the contact office in Bangalore. If the same is not available then it has to be opened. V. The Bidder must be having experience in design, development and maintenance of Web Pages including Domain Name registration, Web Hosting, Message Hosting Services, Database Administration and associated activities more than 100 customers in the last two years. - Self certificate with the list of clients to be submitted along with bid. 5.2. Financial Requirement The Bidder shall have a turnover of at least Rs. 25 Lakhs. Audited Balance sheets for the last 2 years shall be enclosed as supporting document. Proven-ness Certificate The bidder shall supply documentary evidence/ verifiable reference for at least 10 customers (name, address, telephone no, web-site address and email-id) of the customer(s) referred to in clause above for enabling assessment of the performance with a certification from the Service Provider where the solution has been implemented by the Bidder.

5.3.

6.

General Terms and Conditions 6.1. General Conditions. 1. The BSNL reserves the right to change the terms of trade from time to time with notice period of 30 days. 2. The BSNL reserves the right to withhold or delay the Discount for the Channel Partners in case of any pending disputes in matters relating to Webhosting / Message Hosting services. 3. In case of dispute arising between the Channel Partner and BSNL, the same shall be adjudicated by the CGM Data Networks or any official appointed by the CGM. 4. The BSNLs decision will be final on all matters relating to the business and will be binding on the Channel Partner. 5. Whenever any new products are launched, a separate communication will follow on the applicable Discount, Channel Partners may be given right to
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view Channel Partner portion of intranet, which they are supposed to view periodically and take necessary actions. 6. It will be the BSNLs endeavor to make the payment to the Channel Partners as per schedule, however this may stretch beyond the scheduled time only in case of delays in getting claims from the Channel Partners or in case of incorrect claims. 7. The payment to the Channel Partners will be made through a cheque after deducting applicable taxes 8. All taxes present & Future additional , taxes/ Lessees / duties etc thus may be levied by the Govt. / Local authorities etc. will be to the Channel Partners a/c. 9. All Channel Partners will report to GM Data Networks, BSNL, Bangalore or through the nodal officer appointed by him. 10. The Channel Partner shall comply with all applicable laws, bye Laws rules, regulations, orders, directions notifications etc of the Govt./ Court / Tribunals and shall also comply with all directions issued by BSNL and provide BSNL with all information and cooperation that BSNL may reasonably require from time to time. 11. The Channel Partner has to fully cooperate with BSNL to investigate any complaint from the public. 12. The Channel Partner shall be liable for all payments of wages, Salary, etc. to its employees & shall comply with all statutory laws, rules, relating to employment, wages, PF, ID act etc. 13. The Channel Partner shall fully indemnify & hold BSNL harmless from and against all claims, Liability, Losses or damages recoveries, proceedings, actions, Judgements costs, charges & expenses which may be made or brought or commences against the BSNL or which the BSNL may or may have to bear, pay or suffer directly or indirectly in connection with any breach Channel Partners agreement by Channel Partner or its agents, employees, offices. 14. BSNL shall not be liable for any act of commission or omission of any third party. 15. During the currency of agreement, Channel Partner will not be permitted to provide services to any other service provider. 16. That Channel Partner should generate minimum business as prescribed by BSNL as referred under Channel Partner Model described at Section 7. The value of minimum business to be generated for the particular period may change from time to time. 17. The Channel Partner shall pay all dues & outstanding to BSNL during the currency of assessment or on termination of the agreement as the case may, even if any dispute is pending between the Channel Partner & BSNL. The same shall be adjustable by the CGM or official appointed by CGM. 18. The Channel Partner will have to abide by the policy rules, regulations & instructions of BSNL as revised/ modified from time to time, without any prior

EOI for Web Hosting

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notice to the Channel Partner in respect of all matters including security deposit/ PBG, Discount payable to the Channel Partner etc. 19. The services rendered by Channel Partner under this LOI shall conform to the standards followed for Hosting Services 20. BSNL will empanel the prospective Channel Partner for a period of two years through this EOI and BSNL reserves the right to extend the empanelment of Channel Partners for up to one more year beyond the period of two years, in chunks of six months each.
21.

While getting the application form filled by the customer, the Channel Partner should enter the Channel Partner name/ Code in the application form.

6.2.

PERFORMANCE SECURITY i. The Channel Partner shall furnish performance security to the BSNL for an amount equivalent to Rs. 10000/- within 14 days from the date of issue of LOI by BSNL. ii. The proceeds of the performance security shall be payable to BSNL as compensation for any loss resulting from the Channel Partners failure to complete its obligations under the contract. iii. The Performance security Bond shall be in the form of Bank Guarantee issued by a scheduled Bank and in the form provided in this Document. iv. The performance security Bond will be discharged by BSNL after completion of the Channel Partners performance obligations, including any warranty obligations, under the contract. 6.3. INSPECTION i. GM Data Networks, BSNL, Bangalore of Data Networks or the officers authorized by him shall have the right to visit the facility where the Services are being offered. ii. Any incidentals arising out of such visits shall be borne by the Channel Partner. 6.4. DELIVERY i. The selected Channel Partner shall ensure that the services are provided within the considerable time schedule of the process. ii. The Channel Partner should be technically conversant for meeting the customers requirement for the design, development and maintenance of Web Hosting / Message Hosting facility. PAYMENT TERMS: i. Payment shall be made in Indian Rupees only. The mode of payment shall be as follows. ii. 7% of the first annual revnue of the order shall be paid as Discount to the Channel Partner for marketing, selling and maintaining the portal. The payment will be paid as under: 13

6.5.

EOI for Web Hosting

a. 75% payment will be paid on receipt of payment against Demand Note raised by BSNL. The Channel Partner should enclose the copy of the payment receipt for claiming the amount alongwith the Application Form indicating the Channel Partner name/ code. b. Balance 25% shall be paid after the successful Completion of the work and on receipt of the certificate from the customer regarding the successful completion. iii. The present rate of one time Discount is 7% of annual revenue. BSNL reserves the right to change the Discount structure as well as Discount value. The decision of BSNL will be final and binding. iv. In addition target bonus / retention bonus will be applicable as per clause 9. 6.6. SUB CONTRACTS The Channel Partner shall notify the BSNL in writing of all subcontracts awarded under this contract if not already specified in his bid. Such notification, in his original bid or later shall not relieve the Channel Partner from any liability or obligation under the Contract.

6.7.DELAYS IN THE CHANNEL PARTNERS PERFORMANCE i. Delivery of the services shall be made by the Channel Partner in accordance with the time schedule specified by BSNL. ii. Delay by the Channel Partner in the performance of its delivery obligations shall render the Channel Partner liable to forfeiture of its performance security, and/or termination of the contract for default. 6.8. FORCE MAJEURE i. If, at any time, during the continuance of this contract, the performance in whole or in part by either party of any obligation under this contract is prevented or delayed by reasons of any war, or hostility, acts of the public enemy, civil commotion, sabotage , fires, floods, explosions, epidemics, quarantine restrictions, strikes, lockouts, or act of God (hereinafter referred to as events) provided notice of happenings of any such eventuality is given by either party to the other within 21 days from the date of occurrence thereof, neither party shall by reason of such event be entitled to terminate this contract nor shall either party have any claim for damages against other ii. In respect of such non-performance or delay in performance shall be resumed as soon as practicable after such an event come to an end or cease to exist, and the decision of the BSNL as to whether the deliveries have been so resumed or not shall be final and conclusive. Further that if the performance in whole or part of any obligation under this contract is prevented or delayed by reasons of any such event for a period exceeding 60 days, either party may, at its option, terminate the contract. 14

EOI for Web Hosting

6.9.

TERMINATION FOR DEFAULT i. The BSNL may, without prejudice to any other remedy for breach of contract, by written notice of default, sent to the Channel Partner, terminate this contract in whole or in part, a) if the Channel Partner fails to perform any or all of the services within the time period (s) specified in the contract, or any extension thereof granted by the BSNL; ii. if the Channel Partner fails to perform any other obligation(s) under the Contract; and iii. if the Channel Partner, in either of the above circumstances, does not remedy his failure within a period of 15 days (or such longer period as the BSNL may authorize in writing) after receipt of the default notice from the BSNL. iv. The failure of generating the business of Rs. 10000/- for consecutive three months will be taken as Non Performance. 6.10. TERMINATION FOR INSOLVENCY The BSNL may at any time terminate the Contract by giving written notice to the Channel Partner, without compensation to the Channel Partner. If the Channel Partner becomes bankrupt or otherwise insolvent as declared by the competent court provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the BSNL. 6.11. ARBITRATION i. In the event of any question, dispute or difference arising under this agreement or in connection there-with (except as to the matters, the decision to which is specifically provided under this agreement), the same shall be referred to the sole arbitration of the CGM, DATA NETWORKS CIRCLE, NEW DELHI, BSNL or in case his designation is changed or his office is abolished, then in such cases to the sole arbitration of the officer for the time being entrusted (whether in addition to his own duties or otherwise) with the functions of the CGM, DATA NETWORKS CIRCLE, NEW DELHI, BSNL or by whatever designation such an officer may be called (hereinafter referred to as the said officer), and if the CGM, DATA NETWORKS CIRCLE or the said officer is unable or unwilling to act as such, then to the sole arbitration of some other person appointed by the CGM, DATA NETWORKS CIRCLE or the said officer. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act 1996.There will be no objection to any such appointment on the ground that the arbitrator is a Government Servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as a Government Servant he has expressed his views on all or any of the matters in dispute. The award of the arbitrator shall be final and binding on both the parties to the agreement. In the event of such an arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reason whatsoever, the
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CGM, DATA NETWORKS CIRCLE, NEW DELHI, BSNL or the said officer shall appoint another person to act as an arbitrator in accordance with terms of the agreement and the person so appointed shall be entitled to proceed from the stage at which it was left out by his predecessors . ii. The arbitrator may from time to time with the consent of both the parties enlarge the time frame for making and publishing the award. Subject to the aforesaid, Arbitration and Conciliation Act, 1996 and the rules made there under, any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause. iii. The venue of the arbitration proceeding shall be decided by CGM, DATA NETWORKS CIRCLE, NEW DELHI, BSNL or such other places as the arbitrator may decide. 6.11. SET OFF i. Any sum of money due and payable to the Channel Partner (including security deposit refundable to him) under this contract may be appropriated by the BSNL or the BSNL or any other person or persons contracting through the BSNL of India and set off the same against any claim of the BSNL or BSNL or such other person or persons for payment of a sum of money arising out of this contract or under any other contract made by the Channel Partner with the BSNL or the BSNL or such other person or persons contracting through the BSNL. ii. The bidders, who are empanelled as Channel Partner, must give the details of the orders executed by them every month on the first working day of the following month to DGM (BD&Mktg) Data Networks Bangalore. 7. Channel Partner Model : The salient features of franchise Hosting Services model of BSNL are given below I. The model envisages design, development and maintenance of Web Pages including Domain Name registration, Web Hosting, Message Hosting Services, Database Administration and associated activities if required by the customer at mutually agreed price / service by the customer and vendor. The following services shall be provided/ facilitated by the Bidder to the customers. Any service other than those listed below shall be provided only with the written permission of BSNL a) Design, Development and Maintenance of Web Pages b) Domain Name registration c) Web Hosting and database support d) Message Hosting III. All services shall be offered either under BSNLs brand name II.

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The term of the agreement shall be 2 years extendable on yearly basis there after on mutual consent and under agreement, which may be revised by mutual agreement. V. These services shall be provided on SLAs, as and when finalized by BSNL. VI. Successful bidders would furnish a Performance Bank Guarantee (PBG) of INR 10,000 after selection in the empanelment The Channel Partner Agreement can be terminated by either party by giving a three months notice. BSNL would reserve the right to prematurely terminate the contract on one months notice if there is consistent non-performance by the Bidder. VII. It is preferred that the Channel Partner shall generate a minimum business of Rs. 1.5 Lakh per annum. The Channel Partner shall generate the minimum business of Rs. 10000/- per month. The targets set by BSNL could me more based on the market conditions. If target set is not achieved for two consecutive quarters, then performance of the Channel Partner be critically examined and BSNL may consider the termination of the Channel Partner ship. VIII. Service basket and tariff will be decided by BSNL
IV.

IX.

BSNL shall pay a one time Discount of 7% of annual revenue to the empanelled Franchise as per the payment terms mentioned above. BSNL reserves the right to modify the Discount structure as well as the Discount value. The decision of BSNL in this regard will be final and binding.

X. The Franchise should also appoint local representatives / agents (at least a total of 2025) to be available on call at all the state capitals and major cities across the country. XI. The hosting of the site remotely and its management remotely is completely customers responsibility. The Channel Partner may provide these services also to customer, if the same is needed by the customer. The Channel Partner is to charge the customer for all the services rendered by him i.e., for registration, web designing, web hosting and maintenance as per the existing market prices, if the customer needs the same. BSNL is only responsible for providing contracted space in the server. The charges levied by the Channel Partner for the above do not fall under the purview of BSNL and the Channel Partner shall indemnify BSNL from any disputes that may arise out of the transactions between Channel Partner and customers. In case the Channel Partner refuses to carry out the work at the mutually agreed prices with the customer, the BSNL reserves the right to terminate the Channel Partner ship. 8. Responsibilities of the Channel Partner:

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i. Generation of demand for providing web / message hosting services permitted by BSNL to Channel Partner. BSNL Channel Partner will target both individual and corporate customers. ii. Selling of Web hosting services directly or through sub-Channel Partners or retailers. Not only the targets set are to be achieved but also efforts are to be made to surpass it. iii. After Sales services: Receiving, attending & rectifying complaints. All forms of complaints on Phone and walk-in-complaints will be handled directly by Channel Partner. Channel Partner shall redress all possible complaints on the spot. If required the help from specially designated call centers / web portals for Channel Partner may be taken and forward the remaining to call center/ designated official for further disposal. iv. Timely submission of bills and claims to the Nodal Officer. v. Regular monthly reports as per BSNL format to BSNL officials should be submitted. vi. Arranging special promotional events as per BSNL guidelines at Channel Partners cost. vii. List of sub-Channel Partners and retailers to BSNL. Serving them at their doorsteps. viii. Verification of credentials of new customers Both as per documents submitted as well as per physical verifications. Channel Partners will be responsible for the verifications done by all the channels i.e., sub-Channel Partners and retailers working under them. ix. Channel Partners will be responsible for all the work done through its sub-Channel Partners and retailers. 9. Discounts and Incentive Policy Following Discount Structure shall apply i. Basic Fixed Discount ii. Target achievement bonus iii. Retention Bonus BSNL reserves the right to change the Discount structure as well as the rate of Discount in the interest of organization for al channels at any time without any notice. Basic Fixed Discount: The work allotted and rate of Discount for Web hosting services will be 7 % of the revenue generated to BSNL. Target Achievement Bonus: Target Achievement bonus shall be calculated on the basis of net new web/ message hosting customers. The targets will be fixed on a monthly /
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quarterly / Half yearly / Yearly basis by BSNL. The minimum business condition mentioned in clause number 7 (VIII) is not the target unless and until ratified by BSNL. The target bonus as well as retention bonus is only applicable when target has been specified for the same. For calculation of annual target achievement, the monthly achievements shall be clubbed. Serial Number 1 2 3 4 5 Target Achievement < 100% 101 150% 151 200% 201 300% > 300 % Bonus Nil 10% of Basic Discount As in 2 Plus 20% of the basic Discount on activations above 150% As in 3 Plus 30% of the basic Discount on activations above 200% As in 4 Plus 20% of the basic Discount on activations above 300%

Penalty: The target set is to be achieved by Channel Partner, whether target bonus is applicable or not. If target set is not achieved for two consecutive quarters, then performance of the Channel Partner be critically examined and BSNL may consider the termination of the Channel Partner ship. Retention Bonus: Any customer brought by the Channel Partner staying with BSNL for 2 to 3 years, shall entitle the Channel Partner for a retention Bonus. Retention Bonus will be equivalent to 10% of the Basic Discount already paid for that customer. Tariff revisions, Government Directives, Market Forces etc. may lead to change in BSNL Discount Policy and BSNLs decision in this regard will be final and binding. 10. Evaluation of proposals and award of contract I. BSNL shall consider award of work only to those bidders whose offers have been found technically, commercially and financially acceptable. II. The Bidders may also be asked to give the presentations to make BSNL appreciate their proposed concepts. III. The successful bidder will have to sign the Channel Partner Agreement with BSNL and all the terms and conditions listed in the Channel Partner Agreement as well as in this tender document shall be binding and final.

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IV. BSNL reserves the right to accept / reject all the proposals fully or partly without assigning any reason 11. Information/Documents Required as Part of the EOI The following documents are required to be submitted along with the EOI application. Non-submission of any documents or submission of incomplete, misleading or false information may render the applicant liable for summary rejection or cancellation of application. The Bank Guarantee will be required to be submitted at the time of signing the agreement. i. Detailed Company Profile ii. Partnership Deed/ Articles of Memorandum of Association or Proprietorship Deed and MOU/ Collaboration Deed with foreign manufacturers/ collaborators as the case may be. iii. Certificate of Incorporation / Turn Over Certificate iv. Power of attorney in favour of authorized signatory (on Non-judicial stamp paper of Rs.50/-) accompanied with the copy of the resolution of the Board/Management of the Bidder to that effect v. Specimen signature(s) of authorized signatory duly attested by the Bidders bankers vi. List of all Directors of the Company including their name(s), address (s) and contact telephone numbers (office & residence) duly signed by the authorized signatory, along with certification as per Annexure I. vii. Declaration regarding close relatives working in DOT/ BSNL/ MTNL as per Annexure 1. If there is no close relative working in any of the stated organizations then the declaration should clearly say so. viii. Latest Annual Report of the Bidder ix. Latest valid Income Tax Clearance Certificate (ITCC), preferably with details of turnover. x. Service Tax Registration number and attested copy of registration certificate. xi. Details of the experience in the field of Developing, Designing and Maintaining Web Pages including Domain name registration, Web Hosting Services, Message Hosting Services, Database Administration shall be furnished xii. Deliverables proposed to be extended for this project xiii. Deliverables expected from BSNL xiv. Details of similar projects executed/undertaken for other IP/Telecom Service Providers xv. Time Frames for the completion of various activities such as Domain Name registration, Developing, Designing Web Pages shall be specified xvi. Services proposed along with the relevant details
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xvii. Details of Technological skills available with the Company for providing the services listed in this EOI shall be specified. 12. Clarification of Bid Documents The bidders may seek clarifications regarding the Bid Documents within two weeks of issue of EOI. The bidders shall send the queries or clarifications to dnwsw@sancharnet.in or strivedi@bsnl.co.in. BSNL shall respond in writing to any request for the clarifications. 13. Procedure for Submission of EOI I. The application for Expression of Interest must be submitted in sealed envelopes, superscribed EMPANELMENT OF CHANNEL PARTNERS FOR WEB HOSTING AND MESSAGE HOSTING SERVICES OF BSNL and addressed to the Deputy General Manager (BD&Mktg) Data Networks, CTS compound, Netaji Nagar, New Delhi-110 023 indicated in this EOI. II. The EOl should be submitted in person. Outstation applicants can send their application of EOI by Registered Post/Speed post.

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Annexure 1 Format of Certificate regarding close relatives working in BSNL I..s/o.r/o.. hereby certify that none of my relative(s) as defined in the tender document is/are employed in BSNL unit as per details given in tender document. In case at any stage, it is found that the information given by me is false/incorrect, BSNL shall have the absolute right to take any action as deemed fit/without any prior intimation to me. The near relatives for this purpose are defined as:(a) Members of a Hindu undivided family. (b) They are husband and wife. (c) The one is related to the other in the manner as father, mother, son(s) & Sons Wife (daughter in law), Daughter(s) and daughters husband (son in law), Brother and brothers wife, sister(s) and sisters husband (brother in law).

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Annexure - II

Non-Disclosure Certificate
M/s , an Indian company having its registered office at . . .. ., hereinafter referred to as the the bidder has decided to participate in the Tender for development & maintenance of Webportal for BSNL Data World. In order to pursue the business purpose specified in the tender (for development & maintenance of Webportal), there is a need to disclose to us certain confidential information of BSNL to be used only for the Business Purpose and to protect such confidential information from unauthorized use and disclosure. In consideration of BSNLs disclosure of such information, we hereby agree as follows: 1. This Agreement will apply to all confidential and proprietary information disclosed by BSNL to us, including information listed in the tender and other information which BSNL identifies in writing as confidential before or within thirty days after disclosure to us ("Confidential Information"). 2. We agree (i) to hold BSNLs Confidential Information in strict confidence, (ii) not to disclose such Confidential Information to any third parties, and (iii) not to use any Confidential Information for any purpose except for the Business Purpose. We may disclose BSNLs Confidential Information to our responsible employees with a bona fide need to know, but only to the extent necessary to carry out the Business Purpose. We agree to instruct all such employees not to disclose such Confidential Information to third parties, including consultants, without the prior written permission of BSNL. 3. Confidential information will not include information which: (i) is now, or hereafter becomes, through no act or failure to act on the part of the receiving party, generally known or available to the public: (ii) was acquired by the receiving party before receiving such information from the disclosing party and without restriction as to use or disclosure; (iii) is hereafter rightfully furnished to the receiving party by a third party, without restriction as to use or disclosure: (iv) is information which the receiving party can document was independently developed by the receiving party; (v) is required to be disclosed pursuant to law, provided the receiving party uses reasonable efforts to give the disclosing party reasonable notice of such required disclosure; or (vi) is disclosed with the prior written consent of the disclosing party.
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4. We agree not to remove any of the BSNLs Confidential Information from the premises of BSNL without their prior written approval. We agree to exercise extreme care in protecting the confidentiality of any Confidential Information which is removed, only with BSNLs prior written approval, from the BSNLs premises. We agree to comply with any and all terms and conditions that BSNL may impose upon any such approved removal, such as conditions that the removed Confidential Information and all copies must be returned by a certain date, and that no copies are to be made. 5. Upon BSNLs request, we will promptly return to BSNL all tangible items containing or consisting of the BSNLs Confidential Information all copies thereof. 6. We recognizes and agrees that nothing contained in this Agreement will be construed as granting any rights to us, by license or otherwise, to any of the BSNLs Confidential Information except as specified in this Certificate. 7. We acknowledge that all of the BSNLs Confidential Information is owned solely by BSNL (or its licensors) and that the unauthorized disclosure or use of such Confidential Information would cause irreparable harm and significant injury, the degree of which may be difficult to ascertain. Accordingly, each party agrees that the BSNL will have the right to obtain an immediate injunction enjoining any breach of this Agreement, as well as the right to pursue any and all other rights and remedies available at law or in equity for such a breach. 8. This Certificate will be construed, interpreted, and applied in accordance with the laws of India. Subject to terms and conditions regarding the removal of Confidential Information as set forth under Section 4, this Certificate are the complete and exclusive statement regarding the subject matter and supersede all prior certificates.

9. This certificate and Exhibit A mentioned below constitutes the entire agreement of the parties with respect to the parties' respective obligations in connection with Information disclosed hereunder and supersedes all prior oral and written agreements and discussions with respect thereto. The parties can amend or modify this Agreement only by a writing duly executed by their respective authorized representatives. Neither party shall assign this Agreement without first securing the ther party's written consent. 9.a.1. Exhibit A b) Business Purpose: Developing, Designing and Maintaining Web Pages including Domain name registration, Web Hosting Services, Message Hosting Services, Database Administration to BSNL customers on non-exclusive, revenue sharing and Channel Partner basis, through provision of infrastructure or by utilizing BSNLs Infrastructure. c) Confidential Information of M/s -----------------------------------------------d) All communication/ information submitted to the BSNL relating to the proposal of M/s _______________ to Developing, Designing and Maintaining Web Pages including Domain name registration, Web Hosting Services, Message Hosting Services, Database Administration to BSNLs customers

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on Channel Partner basis under revenue sharing arrangements marked as confidential. e) Confidential Information of BSNL: 9.e.1. All databases such as relating to customer profile, billing profile, Network infrastructure etc. 9.e.2. All network details (NIB-I, NIB-II, etc) 9.e.3. All information shared in oral or in written form by BSNL with M/s------------------------------------------------9.e.4. Any information desired by M/s ----------------------------- shall be justified for. 9.e.5. Information downloaded or taken in physical form shall be returned/ destroyed after use and not copied 9.e.6. Draft Technical specifications for the various projects and Tender documents for the same. f) The confidentiality of the documents shall be maintained by the bidders
9. The commitments under this certificate will remain in effect for five years from the date of the last disclosure of Confidential Information, at which time it will terminate. I, .., designation hereby state that I am authorised to sign this certificate for and on behalf of the company M/s .. and have accordingly signed the certificate. Bidder company name .. .. .. ..

Signature Name Place: . Date: .. Title/ Designation Seal

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Annexure - 3
(To be furnished on Rs.100/- stamp paper)

AGREEMENT PROFORMA To be executed at the time of entering into agreement before placing purchase orders. However, each page of this form may be signed by the Bidder for acknowledging that the Bidder has seen the terms and conditions of the agreement. To be executed on non-judicial stamp worth Rs.100/- and continuation sheets on ledger papers and two copies on ordinary paper to be submitted neatly type-written sheets on one side of the paper in single line spacing. AGREEMENT This agreement is made on the ________ day of __________2007 between M/S______________________________ herein referred as the contractor carrying on business under the name and style of M/S ______________________________ of the one part and The Bharat Sanchar Nigam Limited acting through the C.G.M.Data Networks, New Delhi hereinafter referred to as the Bharat Sanchar Nigam Limited of the other part And where as it was one of the terms and conditions of the contract that the contractor should as security for due fulfilment of the said contract submit bank guarantee for Rs.______________ to the C.G.M. Data Networks, New Delhi and he acts accordingly prior to signing thereof submitted bank guarantee for Rs.__________ (in words Rupees___________ only) vide B.G.No._____________ dated _________ from __________________ Bank. Now this indenture witnesses that in consideration of the promise, it is mutually agreed and declared between parties hereto as follows. 1. All terms and condition will be as per EOI vide letter number . Including all amendments etc for empanelment of Channel Partner for marketing, selling and support for BSNL and Web Message Hosting Services.. 2. This contract shall be effective from the date of signing and will be valid as per provisions in the tender. In witnesses whereof, the contractor has set his hand and the Bharat Sanchar Nigam Limited of India caused the C.G.M. Data Networks, New Delhi. and for and on behalf to set his hand, the day and the year first above written. SIGNATURE OF THE CONTRACTOR

Witness : 1.__________________________________ 2.__________________________________

SIGNATURE OF THE DGM Data Networks

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Annexure- IV
PROFORMA FOR PERFORMANCE BANK GUARANTEE To BSNL In consideration of the BSNL having agreed to sign an agreement with M/s_____________________________________________ to ________________________________ (hereinafter called CHANNEL PARTNER) for Marketing, Selling and Support to customer for BSNL Web hosting & Message hosting services (hereinafter called the Service) to BSNL subscribers as per the agreement No. ____________________ (hereinafter called the said agreement) on the terms and conditions contained in the said agreement, which inter-alia provides for production of a Bank Guarantee to the extent of Rs.__________________ (in words _________________________) for the service by way of security for the due observance and performance of the terms and conditions of the said agreement. We _______________ (indicate the name and address and other particulars of the Bank) (hereinafter referred to as the Bank) at the request of CHANNEL PARTNER hereby irrevocably and unconditionally guarantee to BSNL that CHANNEL PARTNER shall render all necessary and efficient services which may be required to be rendered by CHANNEL PARTNER in connection with and/or for the performance of the said CHANNEL PARTNER and further guarantees that the service which shall be provided by CHANNEL PARTNER under the said agreement, shall be actually performed in accordance with terms & conditions of CHANNEL PARTNER to the satisfaction of the BSNL. 2. We, the Bank, hereby undertake to pay BSNL an amount not exceeding Rs. (Rupees only) against any loss or damage caused to or suffered or would be caused to or suffered by BSNL by reason of any breach by the said CHANNEL PARTNER of any of the terms and conditions contained in the said agreement including failure to extend the validity of this guarantee or to give a fresh guarantee in lieu of the existing one. 3. We, the Bank hereby, in pursuance of the terms of the said agreement, absolutely, irrevocably and unconditionally guarantee as primary obligor and not merely as surety the payment of an amount of Rs._________________________ (Rupees _____________________ Only) to the BSNL to secure due and faithful performance by CHANNEL PARTNER of all his/their obligations under the said agreement. 4. We, the Bank hereby also undertake to pay the amounts due and payable under this guarantee without any demur, merely on a demand from the BSNL

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stating that the amount claimed is due by way of loss would be caused to or suffered by the BSNL by reason CHANNEL PARTNER of any of the terms or conditions agreement or by reason of CHANNEL PARTNER's failure obligations under the said agreement.

or damage caused or of breach by the said contained in the said to perform any of its

5. We, the Bank, hereby agree that the decision of the BSNL as to whether CHANNEL PARTNER has failed to or neglected to perform or discharge his duties and obligations as aforesaid and/or whether the service is free from deficiencies and defects and is in accordance with or not of the terms & conditions of the said agreement and as to the amount payable to the BSNL by the Bank hereunder shall be final and binding on the Bank. 6. WE, THE BANK, DO HEREBY DECLARE AND AGREE that: (a) the Guarantee herein contained shall remain in full force and effect for a period of one and half years from the date hereof and that it shall continue to be enforceable till all the dues of the BSNL and by virtue of the said agreement have been fully paid and its claims satisfied or discharged or till BSNL satisfies that the terms and conditions of the said agreement have been fully and properly carried out by the said CHANNEL PARTNER and accordingly discharged this guarantee. (b) the BSNL shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said agreement or to extend time of performance of any obligations by the said CHANNEL PARTNER from time to time or to postpone for any time or from time to time any of the powers exercisable by the BSNL against the said CHANNEL PARTNER and to forbear or to enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any variation or extension being granted to the said CHANNEL PARTNER or forbearance act or omission on the part of the BSNL or any indulgence by the BSNL to the said CHANNEL PARTNER or to give such matter or thing whatsoever which under the law relating to sureties would but for this provision, have effect of so relieving us. (c) any claim which we have against CHANNEL PARTNER shall be subject and subordinate to the prior payment and performance in full of all the obligations of us hereunder and we will not without prior written consent of the BSNL exercise any legal right or remedy of any kind in respect of any such payment or performance so long as the obligations of us hereunder remains owing and outstanding. (d) This Guarantee shall be irrevocable and the obligations of us herein shall not be conditional of any prior notice by us or by CHANNEL PARTNER.

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7. We the BANK undertake not to revoke this Guarantee during its currency except with the previous consent of the BSNL in writing. 8. Notwithstanding anything contained above, our liability, under the Guarantee shall be restricted to Rs. and our Guarantee shall remain in force until . year from the date hereof. Unless a demand or claim under this Guarantee is made on us in writing within this date i.e. all your rights under the Guarantee shall be forfeited and we shall be released and discharged from all liabilities there under. Dated_______________ day ________________ _____________________ Witness: 1.. .. 2.. for (Name of the Bank)

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