1
2
General Agreement for Provision of Push SMS Services under Mobile – Seva
Project
This agreement is signed at Mumbai on this _______ day of ______________, 2019
By and between
Centre for Development of Advanced Computing, an autonomous Scientific Society under the
Ministry of Electronics and Information Technology, Government of India, registered under
Societies Registration Act, 1860, and Bombay Public Trusts Act 1950, having its registered office
at Pune University Campus, Pune, 411 007, India, and one of its constituent units at Gulmohar
Cross Road No. 9,Juhu, Mumbai 400049, India, a, through its Manager(Administration), Mrs.
Sabrina Pereira, (hereinafter referred to as “C-DAC”, which term or expression, unless excluded
by or repugnant to the subject or context, shall mean and include his successors-in office and
assigns, as the case may be) of the first part.
AND
_____________________ Department, ______________________, represented by the
Secretary to Government, _____________________Department, ______________________,
hereinafter referred to as "Customer" (which term or expression, unless excluded by or repugnant
to the subject or context, shall mean and include his successors in office and assigns) of the
second part.
.
C-DAC and Customer shall be collectively called as the “Parties” and individually a “Party”.
3
WHEREAS
Mobile Seva is an initiative launched by Ministry of Electronics and Information Technology
(MeitY), Government of India being implemented by the Centre for Development of Advanced
Computing (C-DAC) to provide government services to the citizens over mobile phones and
tablets. As a part of the initiative an integrated platform has been created to deliver government
services to citizens over mobile handsets through SMS, USSD, IVRS, LBS, or mobile applications
which can be downloaded from Mobile Seva App-Store.
C-DAC is engaged in the business providing Bulk SMS services to Government departments and
other Government agencies.
Customer has approached C-DAC to avail SMS Services offered by C-DAC and C-DAC has
accepted to offer SMS Services to the Customer on the terms and conditions hereinafter settled.
Customer will be using the SMS service offered by C-DAC for sending SMS’s to its registered
users for:
S No. User-ID Service Name Sender - Id Service Description
The Parties have agreed to sign this Agreement to record in detail the terms and conditions
relating to the Services being provided by C-DAC to Customer and accordingly agree that this
Agreement shall supersede the Previous Agreement if any and supersede all prior discussions,
representations, proposals, or understandings, written or oral, with respect to the subject matter
of this Agreement. Customer will be sending Transactional SMS’s only.
Upon mutual discussions, the Parties have agreed to enter into this Agreement to confirm and
record the terms and conditions according to which C-DAC shall provide the Services to
Customer.
Now this agreement witnesses the terms and conditions detailed hereunder.
4
1. DEFINITIONS
In this Agreement, the following terms and expressions shall, unless repugnant or contrary to the
context hereof, shall have the meanings assigned herein:
“Agreement” means this SMS Services Agreement and the terms and conditions as set out
herein, together with all annexure and further includes any amendments, additions,
modifications as mutually agreed between the Parties from time to time.
"Applicable Law(s)” means any law that is applicable in a particular context and includes both
Central and State legislations as may be amended or repealed from time to time, including
particularly the Indian Telegraph Act, The Wireless Telegraphy Act, TCCCP Regulations
and the Telecom Regulatory Authority of India Act and any administrative, judicial and quasi
judicial rulings and delegated legislation such as regulations, rules, guidelines and
notifications as may be issued by the Governmental Authorities from time to time.
“Charges” means the fees payable by the Customer to C-DAC in consideration of the Services.
“Commercial-Communication” means any message, voice or SMS, made through
telecommunications service, which is transmitted for the purpose of informing about, or
soliciting or promoting any commercial transaction in relation to goods, investment or
services.
“Confidential Information” means any confidential or proprietary information received by either
Party directly from the other Party during the duration of the Agreement. Confidential
Information shall include but not be restricted to the intellectual property rights, customer
information, markets or the business information of either Party or that of their respective
customers and the provisions and terms of this Agreement. Information shall be deemed to
be confidential whether the same is contained in tangible or fungible form and whether
contained in a floppy disc, computer system, brochure, booklet or otherwise.
“Content” means the text, characters, symbols, animations or any other data or matter
transmitted by Customer through SMS.
"Governmental Authority or Authority (s) " means and includes the Government of India,
Ministry of Communications and Information Technology, Department of
Telecommunications (Dot), Telecom Regulatory Authority of India (TRAI), Telecom Dispute
Settlement Appellate , Tribunal (TDSAT), the relevant State Government, Central
Government or other statutory and local authorities, tribunals, as the case may be.
“Promotional Message” means message containing promotional material or advertisement of
a product or service.
Preference Regulations, 2010 notified and amended by Telecom Regulatory Authority of
India (TRAI) from time to time.
“Transactional Message” means an SMS containing only or as amended by TRAI from time to
time.
(i) Information sent to its customer(s) by the bank or financial institution or insurance
company or Credit Card Company or C-DAC pertaining to the account of that
customer(s).
(ii) Information given by Airlines or Indian Railways or its authorized agencies to its
passengers regarding travel schedules, ticket booking and reservation.
(iii) Information from a registered educational institution to parents or guardians of its
students.
(iv) Any other message as may be specified by TRAI, from time to time, as “Transactional
message”.
(i) Any transactional message; or ,
(ii) Any message transmitted on the directions of Central Government or State
Government or agencies authorized by it.
2. SCOPE
C-DAC shall provide the Short Message Service Connectivity which shall enable Customer to
send SMS for Transactional Message on terms and conditions agreed under this
Agreement (hereinafter “Services”).
Customer shall use the Services as per terms of this Agreement and in compliance of Applicable
laws. Customer shall make reasonable efforts not to use the C-DAC’s Short Message
Service connectivity for any other purpose not envisaged under this Agreement and or for
transmitting SMS’s which are obscene, abusive, offensive, unlawful, illegal, sensitive in
nature, communal, unauthorized, or compromising the National Security etc.
3. CUSTOMER’S OBLIGATIONS AND RESPONSIBILITIES
6
Customer shall be solely responsible for using the Services in terms of this Agreement. The
Sender ID registration needs to be done in advance.
Customer shall be solely responsible and further ensure and undertake to maintain complete
authenticity of the information sent and shall take all possible steps and measures to ensure
that only authentic information is transmitted.
Customer shall be solely responsible at its own costs and expenses for obtaining and maintaining
all necessary approvals, sanctions, permissions, and licenses as required for sending SMS
from the relevant Government authorities and/or regulatory bodies.
Customer shall provide interface specifications with Customer’s systems for availing the Services
and if required, provide trained manpower to co-ordinate with C-DAC team during
customization and integration.
Customer shall not use the Services provided under this Agreement for any purpose that is in
violation of any Applicable Laws or public policy and shall not use the Services in any
manner that violate any statutory directives or orders for the time being in force.
Customer agrees that the SMS Services provided under this Agreement will be used for their own
activities and shall make sure that the C-DAC SMS Services are not misused and shall not
be extended to any third party.
Customer agrees not to send or attempt to send any international SMS using C-DAC’s Short
Message Service connectivity.
Customer shall ensure that objectionable, obscene, unauthorized or any other content, messages
or communications infringing copyright, Intellectual property right and international &
domestic cyber laws, in any form or inconsistent with the laws of India, are not carried in his
network by him or any other person using his network. The Customer must take all
necessary measures to prevent it. The use of the Services for anti-national activities would
be construed as an offence punishable under the Indian Penal Code or other applicable
law.
Customer shall ensure that the SMS Content / Information will comply with all applicable laws,
ordinances, rules, regulations and guidelines in effect provided by the Government of India
as indicated from time to time. Further, the telecom resources shall not be used to post,
upload, publish, submit or transmit any text, graphics, information or other material that:
(i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade
secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(ii) violates, or encourages any conduct that would violate, any applicable law or
regulation or would give rise to civil or criminal liability;
(iii) is fraudulent, false, misleading or deceptive;
7
(v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any
individual or group;
(vi) is violent or threatening or promotes violence or actions that are threatening to any
other person; or,
(vii) Promotes illegal or harmful activities or substances.
Customer shall be entirely responsible and liable for the contents & information provided / sent
by the Customer through C-DAC SMS connectivity.
4. C-DAC’S OBLIGATIONS AND RESPONSIBILITIES
C-DAC shall provide SMS termination capability on reasonable efforts basis on all available
mobile networks in India, both GSM & CDMA. International SMS’s have not been agreed
as part of Services under this Agreement, Customer agrees not to send or attempt to send
any international SMS using C-DAC’s Short Message Service connectivity.
Ensure that the Services are rendered in an effective manner and in the manner set out in this
Agreement and relevant Attachments to this Agreement.
5. WARRANTY, REPRESENTATIONS, DISCLAIMERS AND COVENANTS
5.1 Customer hereby undertakes, warrants and represents to C-DAC that:
a) It shall fully and without failure comply with the payment obligations agreed under
this Agreement.
b) It shall be solely responsible and liable for any wrong and/or illegal message being
transmitted through Short Message Service connectivity or for any use of the
Services in violation of TCCCP Regulations and shall take necessary corrective
action.
5.2 C-DAC hereby undertakes warrants and represents to Customer that:
a) It has the technical expertise, ability, experience, resources and infrastructure to
render all the Services and comply with its obligations under this Agreement and the
Attachments.
5.3. Except as otherwise agreed hereunder between the Parties, the Services are provided
on an “AS IS and AVAILABLE” basis without warranties of any kind, either express or
implied, including but not limited to warranties of title, non-infringement or implied warranties
of merchantability of fitness for a particular purpose.
8
6.1 The Parties agree that:
a) Customer agrees that C-DAC has no control on delivery rate and that it varies based
on the response of telecom networks of the operators. Therefore, no assurances are
made by the C-DAC in respect of delivery rate.
b) Customer agrees that the SMS’s sent will be of transactional in nature and C-DAC
shall make sure that these SMS’s are not filtered based upon National Customer
Preference register. Customer shall make sure that no promotional /Commercial
SMS’s will be sent to a telecom subscriber using C-DAC SMS Service.
c) C-DAC and Customer agree to the following SLA:
a) C-DAC on reasonable efforts basis shall ensure 98 % uptime for its SMS gateway
Service and expressly excludes the planned downtime for uptime calculations. The
uptime calculation will be done on quarterly basis.
b) C-DAC, however, cannot guarantee deliveries to end user handsets since the
same is outside the control of C-DAC. Handset deliveries are on a best effort basis.
In case of high levels of reported errors, C-DAC shall make all reasonable efforts
for taking up the issues with the concerned operators for speedy resolution.
Customer is not entitled to any claims / penalties for any failure on account of above SLAs. C-
DAC shall give advance notice of at least 24 hours for any planned activities between 22: 00 p.m.
to 6:00 a.m. and during such time Customer shall make reasonable efforts not to send any SMS’s,
C-DAC may allow some capacity if available to cater to Transactional messages requirement.
6.2 The availability, and quality of the Services may be affected by factors outside C-DAC’s control
including but not limited to physical obstructions, availability or performance of network,
geographic conditions, topographic layout, weather conditions and other causes of radio
interference, non-availability of power or faults or modifications in telecommunication networks to
which the Short Message Service connectivity is connected, right of way and damage or
modifications to equipments.
6.3 C-DAC may, without any notice, refuse, curtail, modify, suspend, disconnect or terminate the
Services in whole or in part at any time, if so directed by any statutory authority or judicial forum.
6.4 To the extent permitted, C-DAC shall be entitled to designate a third party for discharging C-
DAC’s obligations (or any of them) and/or for exercising C-DAC’s rights (or any of them) arising
hereunder. C-DAC shall also be entitled to assign its rights and/or obligations hereunder (or any
9
of them) to a third party at any time without being liable to obtain any consent from or to give any
notice to Customer.
6.5 Any and all information (including that pertaining to Customer or its business) provided by
Customer to C-DAC or gathered by C-DAC independently of Customer may be disclosed by C-
DAC to any statutory/ regulatory/governmental authority whether or not C-DAC provides the
Services to Customer.
6.6 Except as otherwise agreed hereunder between the Parties, C-DAC does not guarantee
uninterrupted or fault-free working of the network or the Services and shall not be liable to
Customer or to any user for injuries or damages or death resulting from operation of the network
arising due to any events including but not limited to fire, explosion, war, riots, strikes, lockouts,
picketing, boycotts, acts of government authorities, Act of God and causes originating in the
facilities or operations of the telecom.
6.7 Except as otherwise agreed under this Agreement, C-DAC shall not be liable to Customer for
any loss, costs or damage whatsoever or howsoever caused, arising directly or indirectly in
connection with the Services.
6.8 C-DAC expressly excludes liability for libel and/or slander arising out of a message or Content
sent by Customer via the C-DAC’s Short Message Service connectivity.
6.9 Customer shall be responsible in case of any misuse of telecom resources allotted to it for
sending Transactional Message only.
6.10 The Customer agrees not to send any unsolicited commercial communication and not to mix
any promotional communications with its Transactional Message sent to a subscriber through
telecom resource allotted to it for the purposes of sending Transactional Message.
6.11 The Customer agrees not to make unsolicited commercial communications to any subscriber
whose telephone number appears on the National Customer Preference Register, except for
sending Transactional Message.
6.12 Customer shall be required to pay penalty as may be specified by TRAI / Telco’s, on issue
of each notice for sending unsolicited commercial communication by the Customer, an amount
as provided under this agreement.
6.13 If the Customer makes any unsolicited commercial communication, through the telecom
resources allotted to it by C-DAC for sending Transactional Message, to any subscriber whose
telephone number appears in the National Customer Preference Register, the Customer agrees
that;
a) on the issue of first notice by the C-DAC to the Customer for sending such unsolicited
commercial communication, Customer may require to pay a penalty of rupees Twenty
10
five thousand only (Rs. 25000/-) and the same will be deposited in the account as may
be specified by TRAI;
b) on the issue of second notice by the C-DAC to the Customer for sending such
unsolicited commercial communication, Customer may require to pay a penalty of
rupees Seventy five thousand only (Rs. 75000/-) and the same will be deposited in the
account as may be specified by TRAI;
c) on the issue of third notice by the C-DAC to the Customer for sending such unsolicited
commercial communication, Customer may require to pay a penalty of rupees eighty
thousand only (Rs. 80000/-) and the same will be deposited in the account as may be
specified by TRAI;
6.14 The Customer agrees that in case of issue of third notice by the C-DAC to the Customer for
sending unsolicited commercial communication, without prejudice to the amount which shall be
paid by the Customer, the telecom resources allotted to the Customer shall be disconnected
without any further notice. The C-DAC shall intimate the name of the Customer to the agency
maintaining the National Telemarketer Register for entering the name of the Customer in the black
list and the name of the Customer shall not be removed from the black list before the completion
of the period of two years from the date of entering his name in such black list.
6.15 The Customer agrees to pay the charges as provided in the regulations in case the Customer
sends telemarketing SMS’s and/ or mixes telemarketing or promotional SMS’s with the
transactional SMS’s.
6.16 The Customer has agreed to abide by regulations, orders and directions issued by the
Telecom Regulatory Authority of India regarding Transactional Message, from time to time,
including the header to be used for sending transactional SMS’s.
6.17 The Customer, before making any commercial communication, shall verify the identity and
address details of entity or individual on whose behalf commercial communication is being made
as provided in the subscriber verification guidelines issued by the Department of
Telecommunication from time to time and obtain the relevant records from such entity of
individual.
6.18 The Customer shall provide full access to its equipment to any person authorized by TRAI
for technical scrutiny and for inspection, which may be a visual inspection or an operational
inspection. The Customer shall furnish documents, accounts, estimates, returns, report and other
information as may be required by TRAI from time to time for any purpose including conducting
of an enquiry either suo-motu or on complaint to determine, whether there has been any breach
of the provisions of the regulations by the Customer.
11
7. PAYMENTS
7.1 The service charges (Push SMS, Pull SMS and AMC charges) for the SMS services availed,
will be charged as per the tariff rates mentioned in ANNEXURE-1. If there will be any change in
the tariff rates, same will be intimated to Customer in advance.
7.2 Customer undertakes to pay to C-DAC, Service charges as contracted from time to time. The
current charges for the MOBILE SEVA services are placed in the ANNEXURE-1. Department can
generate Performa invoice for SMS and Annual Maintenance Cost and same should be paid on
prepaid basis.
7.3 Customer shall be liable to pay GST Tax and all other applicable Taxes in addition to the SMS
charges. All taxes, present and future, and any other additional tax, cess and duty levied by tax
authorities shall be to the account of Customer.
7.4 All payments, for the services availed hereunder, shall be made only by way of
ECS/NEFT/RTGS or account payee cheque/bank draft/banker’s cheque favoring “Centre for
Development of Advanced Computing”, payable at Mumbai. Payments made by account payee
Cheque/bank draft/banker’s cheque/ECS/NEFT/RTGS shall be subject to realization.
7.5 Notwithstanding anything contained in this Agreement, the Customer undertakes to pay
promptly inter connect utility termination charges (IUC) at the rate of Re. 0.05 (five paisa only) per
Promotional Messages if any sent by Customer to C-DAC as levied by TRAI vide its notification
No.352-4/2011-CA (Qos) dated October 25, 2011. Such interconnect charges shall be separately
charged in each invoice to Customer and Customer shall be liable to pay the inter-connect
charges unconditionally in the true letter and spirit of said TRAI notification.
7.6 Without prejudice to any other rights available hereunder, C-DAC reserves the right of
disconnecting or suspending the Services, temporary or permanently after giving 30 days Notice
in writing, if the Customer fails or delays in meeting the payment obligations hereunder.
8. DURATION AND TERMINATION
The term of this Arrangement shall be valid for two years from the date of execution of this
Agreement.
Either Party shall have the option to terminate this agreement at any time by giving one-month
notice in writing without assigning any reason.
12
Neither party will be liable to the other for the termination of the existing agreement in accordance
with its terms.
8.1 Without prejudice to any other rights available to C-DAC under this Agreement, C-DAC
reserves the right to terminate the Agreement in the following events:
a. Any misuse of the Services provided by C-DAC and serving seven days notice to cure
the misuse of Services.
b. Any illegal / unlawful Content is sent by Customer provided C-DAC serves seven days
notice to cure the misuse of Services.
c. Breach of the terms and conditions of this Agreement other than specified in a) & b)
and failure by the Customer to rectify the same within the remedy period.
d. If required by any statutory authority or law enforcing agency.
8.2 Either Party shall have the right to terminate this Agreement forthwith after giving notice
in writing thereof to the other Party, in the event of the following:-
a. Insolvency of the other Party.
b. If a resolution is passed to wind-up the other Party’s business.
9. INDEMNIFICATION
9.1 Customer shall defend, indemnify and hold harmless, C-DAC and each of their directors,
employees and agents against all actions claims, proceedings of whatsoever nature
(including all legal costs, legal fees & expenses) arising out of or in connection with the
breach of this Agreement, including but not limited to :
a) Breach of warranty and representations and any other terms and conditions of this
Agreement.
b) Any act, omission, misrepresentation, fraud and negligence or default of officers,
employee or agents of Customer.
c) Any infringement of intellectual property rights of C-DAC or any third party raising
claims against C-DAC.
d) Any non-compliance or contravention of provisions of TCCCP Regulations.
10. LIMITATION OF LIABILITY
10.1 In no event shall either Party be liable to the other or any other third party for any indirect,
special, punitive, or consequential damages including loss of profits, loss of revenue, loss of
goodwill, loss of opportunity, interruption in use or unavailability of data and loss of anticipated
savings even if the Party has been advised of the possibility of such damages, if the same is
unintentional and beyond control.
13
10.2 The aggregate liability of C-DAC, arising at any time under this Agreement shall not
exceed the amount invoiced by C-DAC and paid for by Customer during the preceding one
month.
11. GENERAL
11.1 Neither Party shall use the brand name or trade mark/logo of the other Party for promotion
and or marketing of such company without express prior written permission of the other Party.
During the term of the Agreement, each Party may provide to other Party proprietary and
confidential information that it considers essential for the conduct of this arrangement. Each Party
agrees to hold proprietary and confidential information of the other Party in confidence and to
protect it against disclosure to the public and/or third parties. The parties shall take such
reasonable steps to protect Confidential Information of other party as it will take precaution to
protect own Confidential Information. The Parties shall make the information available only to
those of its employees or agents who need to have access to it for the purpose of this Agreement
and who in advance have been obligated to confidentiality. Upon termination of the Agreement,
each Party shall immediately return all confidential business documentation or information of the
other Party. Each Party agrees to use the information exclusively for the purposes of this
Agreement and not make it available to any third party nor exploit the information commercially.
However, each of the Parties shall be free to disclose such information if it:
a) is or becomes available in public domain,
b) is lawfully obtained from a source that is not under an obligation of confidentiality,
c) is in the possession of other Party in written or other recorded form at the time of
disclosure,
d) is independently developed by either Party without use of such Confidential
Information or,
e) if other Party is legally compelled to disclose such Confidential Information,
Provided that other Party shall give prompt notice to disclosing Party and co-
operate with the disclosing Party to obtain protective order,
f) The disclosing Party was required under law to disclose to any judicial, statutory
or governmental body.
11.3 In consideration of Confidential Information, the mutual benefits accruing to the Parties under
this Agreement, each Party hereto agrees:
a) that it shall not, without the prior written permission of the Party to whom the
Confidential Information belongs, directly or indirectly disclose or cause to be
disclosed any Confidential Information to any third party,
b) that it shall take all steps as may be reasonably necessary to protect the integrity
14
of the Confidential Information and to ensure against any unauthorized disclosure
thereof,
c) that it shall promptly inform the other Party of any potential or accidental disclosure
of Confidential Information and shall take all steps, together with such other Party,
to retrieve and protect the said Confidential Information,
d) that it shall ensure that all its employees and/or representatives who are given
access to the Confidential Information shall at all times be bound by legally valid
and written non-disclosure obligations; and
e) That it shall use the Confidential Information only for the purpose for which it was
provided and shall not profit from the same in an unauthorized manner to the
exclusion of the other Parties.
11.4 If any provision of this Agreement shall be found by any other Government or
administrative/regulatory body of competent jurisdiction to be invalid or unenforceable, the
invalidity or un-enforceability of such provision shall not affect the other provisions of this
Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full
force and effect.
11.5 Neither Party to this Agreement will be liable for breach of this Agreement to the extent
caused by or arising from prohibition or restriction of law, rules, regulations, or fire, flood, storms,
weather, strike, lock-out or other labour problems, accident, riots, acts of God. However,
Customer agrees to make payment for the Services availed under this Agreement till the time of
occurrence of Force Majeure event.
11.6 Any legal notice required or permitted to be given between the Parties under this Agreement
shall be given in writing at the following address or such other addresses may be intimated from
time to time.
Any such notice or other communication will be deemed to have been given and received
(whether actually received or not) on the day it is personally delivered or delivered by courier or
overnight delivery service or if sent by tele-fax, when actually received.
11.7 The Agreement and annexure constitute the final and exclusive agreement between the
If made to C-DAC:
Gulmohar Cross Road No. 9, Juhu, Mumbai -
400049
15
Parties with respect to subject matter hereof and shall, cancel, and supersede all prior or
contemporaneous oral or written agreements, writings or communications in this regard.
11.8 During the Term and for a period of at least three (3) years thereafter (but in no event less
than any time period required by applicable law, rule or regulation), Customer shall maintain and
provide all invoices and supporting documents including the statement of accounts to C-DAC for
such period as may be requested by C-DAC for the purpose of performing audit and reconciliation
in order to resolve any payment disputes between both the parties. The parties also agree that
Customer shall cooperate with C-DAC for sign off on the outstanding amount every six months
commencing from the date of rising of first invoice.
11.9 This Agreement shall not be modified or amended except agreed in writing and signed by
the authorized representatives of each of the parties.
11.10 Customer cannot assign any right or interest under this Agreement to any person, firm or
company without obtaining the specific prior written permission of C-DAC.
11.11 On all aspects where this document is silent or for special cases of deviation from this
policy, the decision mutually agreed upon C-DAC and User will be final. However, in case of any
dispute relating to or arising out of this policy, such dispute shall be resolved amicably by mutual
consultations. If such resolution is not possible, then the unresolved dispute or difference shall be
referred to the arbitration of a sole arbitrator to be appointed by Secretary, Department of Legal
Affairs, and Government of India.
11.12 Such provisions of this Agreement, which generally can survive after termination or
expiration of any similar Agreement, shall also survive any termination or expiration of this
Agreement.
11.13 This Agreement is executed in duplicate and each of which shall be deemed to be the
original and all sets when taken together shall be deemed to constitute a single document.
12. Arbitration
In case of any dispute with regard to the Agreement the parties will first try to resolve the same
through bilateral negotiations. If the same is not satisfactorily resolved the dispute would be
referred to the Permanent Machinery of Arbitration as per the Government of India guide lines (or
to the Sole Arbitrator as per the provisions of Arbitration and Conciliation Act, 1996 according to
the nature of transaction and status of party), The arbitration proceeding shall take place at
Mumbai if the sole arbitrator has been appointed in accordance with the provisions of Arbitration
16
and Conciliation Act, 1996 and the provisions of said Act will be applicable to said proceedings.
This MoU shall be governed by and interpreted in accordance with the laws of India. Courts in
Mumbai only shall have exclusive jurisdiction to try, entertain and decide the matters which are
not covered under the ambit of arbitration and the provisions of Arbitration and Conciliation Act,
1996.
In witness of the above, the respective parties have signed this agreement on the
dates mentioned herein below.
Computing
Signature:___________________________
ANNEXURE – 1: COMMERCIALS
This Annexure-1 incorporates by reference of the terms and conditions of SMS Services
Agreement between Centre for Development of Advanced Computing and
The Parties agree on the following payment terms and conditions.
17
Per SMS Cost:
2.31 paisa/sms+ GST paisa per SMS **
Per SMS Cost:
Monthly Rent: 0(Zero)
Free SMS 0 (Zero)
2) Annual Maintenance Cost:
Rs-5000/-+applicable taxes.
3) Pull SMS Cost:
Per Keyword Rs-2500/-+applicable taxes per keyword
NOTE:
**Please note that rates will remain same till the market policy remains unchanged. If in case
rates are changed then we will be recalculating the SMS’s balance which may increase or
decrease as per the changes in the rates. **
Organization Name: Name : Designation: Signature Stamp