Consultancy Agreement - Appointment by a Television Network
CONSULTANCY
AGREEMENT
BETWEEN
____________________________
AND
____________________________
THIS
CONSULTANCY AGREEMENT made at _________________ this ___________ day of
__________ BETWEEN ___________________ LTD. a Company incorporated under the
Companies Act, 1956 and having its registered office at
________________________________ hereinafter called "the Company" of
the First Part AND Mr. ____________________________________ residing at ___________________________________
hereinafter called "the Consultant" of the Second Part.
WHEREAS
the Company is carrying on the business of running a television network and has
appointed the Consultant to assist and advise the Company in developing the Company's
programming in India as may be required by the Company and its senior officers
from time to time.
NOW
THE COMPANY HEREBY APPOINTS the Consultant on the following terms and
conditions:
1. The effective date
and terms of this Agreement shall be from ___________ to _______________ unless
this agreement is terminated earlier in accordance with clause 11 herein. The
provisions of this Agreement shall govern all services rendered by the
Consultant to the Company unless otherwise agreed in writing by an authorised
representative of the Company. This agreement may be extended by mutual consent
by the Company and the Consultant and the terms and conditions of this
Agreement may be modified or amended at that time.
2. The Company during
the term of this Agreement:
a. may consult with and
seek the advice of the Consultant as deemed appropriate by the Company with
respect to the Company's programme objectives and proposed programming
development plans, objectives and strategies for India (hereinafter called
"the territory");
b. may require the
Consultant to render service as a business reporter, news person, commentator,
correspondent, analyst or any like capacity on such programmes as the Company
may determine for broadcast over network cable and local television facilities
as designated by the Company or generally in the field of news.
c. will provide to the
Consultant information and advisory material concerning business practices
relating to the services required to be rendered by the Consultant.
3. The Consultant agrees
that during the term of this Agreement he will perform the services described
in Schedule (A) which is attached herewith. These services may be in accordance
with the priorities and schedules established by the Company from time to time
and will take the form of oral and written reports giving the Consultant's
views, recommendations and suggestions concerning the Company's current and
contemplated business programme in the territory and will also perform such
other services in such a manner as the Company may require from time to time.
4. In consideration of
the Consultant providing the services specified herein the Company agrees to
pay to the Consultant a fee of Rs._________________ (Rupees
_______________________________per month for the term of the Agreement from
________________ to ________________. The Company will also reimburse the
Consultant reasonable out of pocket expenses for travel, communication etc.
incurred for carrying on the services specified in this Agreement, upon
submission of claims in accordance with the Company's standard policies.
5. No compensation will
be payable to the Consultant in the event of termination.
6. All payments shall be
subject to deduction of tax at source and any other taxes.
7. The consideration
shall be payable to the Consultant within seven days from the end of each
month.
8. Relationship of the
parties:
a. It is agreed that the
relationship between the parties shall be on a principal to principal basis and
that the Consultant shall be an independent contractor and not an ‘employee’ of
the Company. It is understood that neither the Consultant nor his agents or
employees are in any way the employees of the Company for any purpose and have
no right or authority to assume or create in writing or otherwise any
obligation of any kind, express or implied, in the name of or on behalf of the
Company.
b. This Agreement is
non-exclusive and non-assignable and any assignment by one party without the
written consent of the other party shall be void.
1.
2.
3.
4.
5.
6.
7.
8.
9.
a. This Agreement and
any services rendered hereunder are subject to all the applicable laws and
regulations of India and the rights and obligations of the parties hereto under
or in connection with this Agreement shall be determined in accordance with the
laws of India.
b. Neither the
Consultant nor his employees or representatives will take or receive any
payments in the nature of rebate or similar benefit paid directly or indirectly
by any past, current or prospective customer or supplier of the Company nor
will the Consultant pay to any employee or representative of the Company or of
the customer or supplier any amount.
c. The Consultant shall
keep confidential and safeguard business and technical information which
becomes available to him in connection with this Agreement except that which is
in the public domain or that which the Company has permitted to be disclosed to
others. In the later event the Company will advise the Consultant in writing to
whom such information should be disclosed. This obligation on the Consultant of
confidentiality shall continue for ________________ months after expiry of
termination of this Agreement.
d. Within 30 days after
the expiration or termination of this Agreement the Consultant shall return all
documents and all copies thereof including electronic record containing any
business and technical information disclosed to the Consultant by the Company
or in any manner procured, received by the Consultant during his term of
appointment with the Company.
10. Any creative
intellectual work done by the Consultant during this period of Agreement shall
be his own property and if the Consultant has been involved in creating or
participating in the creation of any production of creative TV serials, films
etc. produced by the Company all such production will be the exclusive property
of the Company and the copy right of the same shall rest only with the Company.
11. This Agreement shall
come to an end on the date set out in clause 2 unless the Agreement has been
terminated prior to that date or has been renewed by the parties for a period
beyond that date.
This
Agreement may be terminated prematurely:
a. by mutual consent
given in writing and signed by both the parties hereto, or
b. by either party at
will; or
c. without cause having
been given by not less than 3 (three) month’s notice in writing delivered by
hand or by registered post with acknowledgement taken, to the other party; or
d. by the Company upon
one week's notice in writing to the Consultant, or
e. In the event that the
Consultant is adjudged insolvent or utilises the services of any person or firm
unacceptable to the Consultant or
f. if the Consultant
violates any of the obligations under this Agreement.
12. In the event of
expiration or earlier termination neither party hereto is liable for any reason
arising from the termination, expiration or non-renewal of this Agreement, to
the other for compensation, reimbursement or damages.
13. The Company shall
have no liability to the Consultant with respect to claims arising out of or in
connection with this Agreement except for the payment of compensation under the
terms hereof.
14. The Consultant
represents and confirms that there exist no conflicting interest which will
prevent him from acting for the Company’s best interest. The Consultant hereby
undertakes not to accept any employment or appointment or to engage in any work
or business which may conflict with the interest of the Company during the term
of this Agreement.
IN
WITNESS WHEREOF the parties hereto have hereunto set and subscribed their
respective hands the day and year first hereinabove written.
SIGNED
AND DELIVERED by the within- )
named
Company ____________________)
LTD.
by its Authorised Signatory )
Mr.
________________________ in the )
presence
of )
SIGNED
AND DELIVERED by the within-)
named
Consultant Mr. _______________)
in
the presence of)
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SCHEDULE - A
Consultant's
responsibilities:
1. The Consultant will
render services including reporting, editing, writing etc. as may be required
by the Company;
2. The Consultant shall
be liable for his own taxes and for taking all other approvals as may be
required by Consultant
3. The Consultant shall
be liable for all registrations as may be required by the Consultant.
