Service Contract Agreement

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Free Download Sample Template Example Format of General Service Agreement Contract between company & Employee for H1 Job Agreement form for India in word /. doc / .pdf 

AGREEMENT UNDER THE SERVICE CONTRACT


Agreement of Service Contract made on this the day of _____________ of 2013, BY AND BETWEEN

M/s. HXXXXX Technologies Private Limited a company Registered under The Companies Act 1956 having its Registered Office at # XXX, XXXXXX, Somajiguda, Hyderabad - 500082 represented by its Authorised Signatory Mr. ___                                                                                                  , The                                                          _______________of the Company hereinafter referred to as First part for brevity which term shall unless repugnant to the context mean and include its Successors-in-interest, sister companies, subsidiaries and assignees

AND


Mr. XXXXXXXXX S/o Mr. XXXXXX, aged about 26 Years, currently residing at Plot No. XX, XXXXXXXXX, XXXXXXX, Hyderabad, 500049... hereinafter referred to as Second Part.

AND


Mr. XXXXXXXXX S/o Mr. XXXXXX, aged about 26 Years, currently residing at Plot No. 75, Janapriya West City, Miyapur, Hyderabad, 500049... hereinafter referred to as Third Part or Surety.

WHEREAS the first party is a reputed Software company, which is engaged in the business of Software Development and having its Registered Office at # XXX, XXXXX, XXXXXX, XXXXXX, Hyderabad - 500082

WHEREAS the second part is being so employed by the first part in a position of Software Engineer and is desirous of sending the second part abroad for some specific project on a short term basis with first part or its business alliance partners abroad. All such expenditure involved for the project that might have to be incurred towards obtaining Visas and other travel related documents etc. would be borne by the first part.

WHEREAS the third part is the Father/Husband of the second part and as such he is vitally interested in his welfare and employment and hence willingly agreed to execute this agreement protecting the rights of the first part as contained in this agreement.

WHEREAS second and third part have already been explained and made to understand the effort and expenditure the first part is incurring in sending the second part abroad, which is one of the basis for this agreement in addition to independent terms and conditions that find place both in the appointment order as well as this agreement.

WHEREAS all the parties hereto have decided to enter into this Agreement of Service with Guarantee which will be mutually beneficial to each other:

NOW THIS DEED WITNESSETH AS FOLLOWS:

1. VALIDITY

  1. The validity of this agreement is for a period of 12 months from the date of this agreement, after which it can be further extended up to such periods of time as mutually agreed between both the parties.

  1. In the event, both the parties to this contract are desirous of extending the contract, they may do so within a period of 30 days after the completion of the 12 Months period stipulated in the agreement and if the agreement is not extended within 30 days from expiry of the agreement then this contract is automatically terminated.

2. Responsibilities of the first part:

  1. The first part undertakes to provide good working environment to the employee of the second part during the period of service with the first part.

  1. The employer of the first part will pay a consolidated salary of Rs.______________/-(Rupees _______________________ only) per month during the first year during the subsistence of this agreement and based on the performance of the second part, the party of first part may increase the salary.

3. Responsibilities of the second part:

A.          The second part agrees not to transfer any information relating to the knowledge gained/obtained during the specialized training/or working to any third party, during the period of this agreement.  The second part agrees to devote himself to apply the knowledge gained by him during training towards any activity specified by the first part or by the business alliance partners of the first party.

B.          In the event of the second part abandons the service of the first part or business alliance partners of the first part before the completion of the said project/assignment, or before the expiry of the agreement he shall be liable to pay a sum of Rs._________________/- (Rupees __________________ only) which is a genuine pre-estimate of the amount that would be incurred by the first part towards special trainings and other expenses incurred by them on the party of second part, apart from any loss caused by the second part to the first part and the first part may recover the damage caused by the second part, and the second part and the party of the third part are jointly and severally liable to pay Rs._______________/- (Rupees  _______________________ only) to the first part and get relieved from the obligation of this agreement.

4. Non-Disclosure & Circumvention:

A.      During the course of the employment, the second part would be coming across a lot of confidential information pertaining to the first part and their business alliance partners or clients.  The second part is therefore expressly prohibited from contacting, either directly or indirectly, any of the business alliance partners or clients of the first part for any commercial purpose involving software development, training or other allied activities for a period of 4 years from the date of leaving the employment of the first part or the termination of this agreement.  A breach of this condition by the second part would make him and the party of the third part liable to pay a penalty as stipulated in the default and penalty clause of this agreement.

B.      The second part is also expressly prohibited from disclosing any such information that might be detrimental to the interest of the employer of the first part, their business alliance partners or clients to any of their respective competitors or third arties.  A breach of this condition by the second part would make him and the party of the third part liable to pay a penalty as stipulated in the Default and Penalty clause of this agreement.

C.     The second part will always keep the first part informed of his current residential address abroad during the subsistence of this contract. 

5. Guarantee:

By virtue of this Agreement the party of the third part shall be the guarantor for all the financial liabilities of the party of the second part accruing and arising on account of the performance in breach or nonperformance of this agreement.

6. General:

A.    It is clearly understood that any application developed, new discoveries or copyrightable material made by the second part as a direct result of the training imparted by the first part to the second part or by the second part using the infrastructural and other facilities of the first part, will be the exclusive property of the party of first part and the second part shall have no rights or claims over such property.

B.    The second part is free to obtain legal advice before signing this contract and it is assumed that the second part has signed this agreement after obtaining legal advice only.

C.   Any reference to the masculine gender will also include the feminine gender and plural gender where appropriate.

D.   The second part will produce all the original certificates obtained by him for verification before the first part for verification.

E.    First part hereby agrees to initially employ the second part as its Software Engineer and the second part hereby accepts such employment in accordance with the terms of this Agreement and the terms of employment applicable to regular employees of the first part.  In the event of any conflict or ambiguity between the terms of this Agreement and terms of employment applicable to regular employees, the terms of this Agreement shall control. Appointment of the second part to another office or position, regardless of whether such office or position is inferior to employee of the second part’s initial office or position, shall not be a breach of this Agreement.

F.    The duties of the second part shall include the performance of all of the duties typical of the office held by the second part as described in the byelaws of the first part and such other lawful duties and/or projects as may be assigned by the board of directors of the first part Company, a superior officer of the first part Company or any other officer.   That the second part shall bound to accept the employment any where in the world as offered by the first part and shall continue to be in employment of the first part or at its discretion in any other department of the first part or any client’s office of the first part for a period of 12 Months.

G.   The second part shall devote his entire productive time, ability and attention to the business of the first part and shall perform all duties in a professional ethical and business like manner.  The second part will not, during the term of this Agreement, directly or indirectly engage in any other business, either as an employee, consultant, principal, officer, director, advisor, or in any other capacity, either with or without compensation, without the prior written consent of the first part.  The second part shall not disclose any technical or other details and information that comes to his knowledge during the course of this employment with the first part to others.

H.   The Initial Term of this Agreement shall commence from _________ and it shall continue in effect for a period of 12 months.  Thereafter, the Agreement shall be renewed upon the mutual agreement of the first and second part. This Agreement and the second part’s employment may be terminated at first part’s discretion any time during the currency of the Contract, subject to the payment of 15 days gross salary.

I.      In the event the second part commits breach of any material obligation owed to the first part under this Agreement, habitually neglects the duties entrusted to be performed under this Agreement, engages in any conduct which is dishonest, damages, the reputation or standing of the first part, and prejudicial to the interests of the first part or its Business Alliance partners abroad, or is convicted of any criminal act or engages in any act of moral turpitude, then Employer may terminate this Agreement upon five (5) days notice to the second part.

J.     That the first part shall have the right to suspend or dismiss the second part for any breach on the part of the second part, or any of the terms and conditions hereof or those of the employment scheme and any of the rules and regulations of the first part.  With regard to the expenditure incurred on account and in connection with obtaining Visas and other travel related documents etc of the first part as provided herein before under this Agreement, the second part and the third part shall be jointly and severally liable for the same and is bound to make good the amount in addition to the amount specified in Default and Penalties of this agreement.

K.    The surety will be co-extensively liable for any breach of the terms of this agreement.  The first part shall be at liberty to proceed against the surety for ensuring the compliance of the terms of this Agreement.

L.    Any change in the above addresses of any of the concerned parties i.e. Company, Employee or Guarantor, shall be duly informed to the other parties by the party whose address has changed within a period of seven days of such change.

M.   If no such change has been intimated or received, the addresses mentioned shall be deemed to be the addresses of the concerned parties.

N.   This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof.  This Agreement may be modified only by a further writing that is duly executed by both parties.

O.    If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.

P.     In case of any dispute arising out of the above Agreement, the jurisdiction shall be the courts in Hyderabad.  No other courts either in India or outside India shall have jurisdiction in respect of the enforcement, interpretation and other aspects of and in connection with this Agreement.

7. Jurisdiction:

The parties agree that they will use their best efforts to amicably resolve any dispute arising out of or relating to this Agreement.  Any controversy, claim or dispute that cannot be so resolved shall be subject to the jurisdiction of the Civil Courts of Hyderabad

8. Default & Penalties and remedies for breach of contract:

  1. As the first part would be spending a considerable amount of time, money or other resources on sending the second part abroad and impart specialized knowledge, up gradation of the skills of the second part, therefore, an amount of Rs.______________/- (Rupees _______________________ only) shall be recoverable from the second part and/or the surety who are all jointly and severally liable to pay in the event of the second part leaving the services of the first part without any reason attributable to the first part, on his own accord before the expiry of the  period as mentioned under Clause-1A of this agreement.  This amount would also be recoverable in case of ANY default or breach of any of the covenants of this contract.

  1. The said amount shall be paid to the first part with immediate effect by the second part and/or by the party of the third part as mentioned hereinabove.

  1. Not withstanding anything contained herein the party of the first part is entitled to claim punitive damages and prohibitory damages before the Civil Courts of HYDERABAD in the event of any loss or damage occasioned to the first part due to the breach of contract and not covered by clause 8A of this Agreement and that the second part as well as the surety are liable jointly and severally.

  1. Not withstanding anything contained herein above the party of the first part herein is entitled to approach the Civil Courts of HYDERABAD for Specific performance, Specific Relief or any other relief as is available to it under law.


IN WITNESS WHEREOF the first part, the second part and the third part acting in person have signed and executed this Agreement in their respective names and on their behalf and delivered to the first part on the Day, month and year first written above.


SIGNED AND DELIVERED BY



.……………………..                                                                   .………………………
First Part                                                                                   Second Part
For M/s. HXXXXXX Technologies Pvt. Ltd.                       XXXXXXXX
                                      



                                                                                                 …………………….
                                                                                                      Third Part





Witnesses:

.……………………..                                                                   .………………………
    Name and                                                                                Name and
    Address:                                                                                   Address:       



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