{% load markup %} {% load random %}
{{ company_name }} – {{ client_name }} Annual Maintenance & Web Hosting Contract
Parties |
{{ company_name }} |
{{ client_name }} |
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Name & Designation of Representative of Party |
{{ company_rep_desig_name }} |
{{ client_rep_desig_name }} |
Registered Address of the Party |
{{ company_address|markdown }} |
{{ client_address|markdown }} |
Scope |
This Annual Maintenance Contract (AMC) and Web Hosting covers:
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Considerations |
This Annual Maintenance Contract (AMC) does not cover:
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Payment Schedule |
The Annual Maintenance Contract is renewed every year and is considered renewed once payment has been made. Payment Terms INR {{ annual_payment }} on {{ annual_payment_date }} of each year. |
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Intellectual Property Rights |
The source code and other intellectual property rights related and associated with the project is and shall remain the exclusive property of {{ company_name }}. A copy of all code and data related to the website shall be made available to {{ client_name }} at any time upon request. |
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Termination |
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Force Majeure |
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Arbitration |
All disputes or differences of any kind whatsoever arising out of or in connection with or incidental to this terms and conditions, including any dispute or difference in regard to termination or interpretation of these terms and conditions or any section arising there from which cannot be settled by negotiation within thirty (30) days, it will be settled upon request of either party by arbitration to be held in accordance with the rules of the Indian Arbitration and Conciliation Act, 1996 or any amendments/notifications for the time being in force. The arbitration will be conducted in the English language, at Mumbai. The arbitration shall be conducted by a three-member arbitral tribunal. Each party to these terms and conditions will appoint an arbitrator. Both the arbitrators will appoint a third arbitrator to act as the presiding arbitrator. Any award by the arbitrators will be final and binding on the parties and may be entered in the court having jurisdiction in respect of the same unless the arbitrators decide otherwise. Each party will bear its own attorneys' fees associated with the arbitration. Nothing in the terms and conditions will preclude either party from seeking provisional remedies, including but not limited to temporary restraining orders and preliminary injunctions, from any court of competent jurisdiction, in order to protect its rights pending arbitration. Actions or disputes between the parties with respect to the terms and conditions, including requests for arbitration, must be brought in accordance with this section within six (6) months after the cause of action arises. |
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Tax |
It is agreed that {{ client_name }} shall bear all applicable taxes (Service Tax, etc.) duties, levies and similar charges (and any related interest and penalties, etc. attributable to any lapse / negligence / default on the part of {{ client_name }}), however designated. Any deductions by {{ client_name }} other than statutory deductions under the Income Tax Act, 1961 should be informed to {{ company_name }} reasonably in advance. TDS certificate on account of withholding tax under the Income Tax Act, 1961 should be issued after the deduction of tax. |
Effective Date |
Date of signing of Term Sheet by the Parties. {{ signing_date }} |
Jurisdiction | Mumbai, India |
For {{ client_name }} |
{{ company_name }} |
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Date | Date |