SERVICE CONTRACT

SERVICE CONTRACT
BETWEEN
NEPAL TELECOM AUTHORITY
AND
SUGAM SERVICE INCORPORATED

This Contract is made on 2014/4/1 by and between Nepal Telecom Authority a Company,
incorporated under the Laws of Nepal, having its registered Head quarter office at Babarmahal,
Kathmandu, Nepal (hereinafter called the Service Receiver) and Sugam Service
Incorporated under the laws of Nepal, having its registered office at Kathmandu metropolitan,
Nepal which is registered in Office of the company register, at Kathmandu, on 2010/1/5 with the
registration number 61888/066/067 (Hereinafter called the Service Provider).

WHEREAS, the Service Receiver is desirous to employ the Service Provider to execute and
perform the under mentioned services and the Service Provider is agreeable to impart the said
services / jobs, as described hereunder;

THEREFORE, now both the parties agree to the terms and conditions set forth herein below:

ARTICLE I SCOPE OF WORK

The Service Provider hereby agrees to provide the following services to the complete satisfaction
of the Service Receiver at different Telecom offices (15 offices) which are located at Kathmandu
metropolitan area.
1. To do daily cleaning including floor cleaning, office cleaning and washroom cleaning in the
concern office
2. Agree to participate on cleaning program under the NTA (Nepal Telecom Authority)


ARTICLE II - PAYMENT

A sum of NPR 10,000,00 (Nepalese Rupees Ten Lakh Only per month) inclusive of applicable
Taxes/VAT per month will be paid to the Service Provider within one week of submission of the
invoice.

The payment shall be made subject to deduction of statutory taxes as per the prevailing rules of
Nepal Government by crediting Service Providers Service Receiver account maintained at the
Service Receiver.

ARTICLE III PROCEDURES OF PERFORMANCE

The Service Provider shall provide cleaning services to the Service Receiver at its Telecom offices
as mentioned above.

The Service Provider shall also depute the required number of its employees.

SERVICE CONTRACT

The Service Provider shall provide the list of name and photograph of its employees assigning to the
Service Receiver offices.

The employees of the Service Provider must wear their ID cards with photo depicting ID at all times
during their duty at the Service Receiver premises, otherwise entry may be restricted.

ARTICLE IV TURN AROUND TIME:

The Service Provider shall for 5 years from date of agreement.

ARTICLE V SERVICE PROVIDER AND ITS EMPLOYEE

a. The Service Provider or its employees or any individual engaged by the Service Provider shall
in no way be employee of the Service Receiver. Their relationship with the Service Receiver
and the services they provide and the benefits they derive will be limited exclusively by the
terms set forth in this contract.

b. The Service Provider or its employees or any individual engaged by the Service Provider shall
not be entitled to any benefits or rewards from the Service Receiver.

c. It shall be the responsibility of the Service Provider towards its employees for any
injury/accident occurred during the course of duty.

d. The Service Provider understands and agrees that the Service Receiver accepts no responsibility
for the settlement or arbitration of disputes that may arise between the Service Provider and its
employees or any individual engaged by it.

e. After expiry or termination of agreement or upon the Service Receiver's request during the period
of the agreement, it shall be the responsibility of the Service Provider to take away their
employee from concern offices.

f. It shall have a full authority to service provider to manage their employee and to handle daily
schedule.

ARTICLE VI - SERVICE PROVIDERS LIABILITY

In the event of any financial losses to the Service Receiver due to wrongful act by the employee
of the Service Provider, it shall be the responsibility of the Service Provider to compensate the
Service Receiver, unless specified otherwise in this contract, at least double of the loss incurred
by the Service Receiver. The Service Receiver reserves all rights to settle all such losses and/or
amount of indemnification and/or reimbursement and/or compensation as mentioned under this
contract against the monthly bill or any amount/asset(s) relating to the Service Provider be it
with the Service Receiver or anywhere. The Service Provider, hereby, pledges its entire asset
with the Service Receiver for this purpose.


SERVICE CONTRACT


ARTICLE VII - AN EXCLUSIVE CONTRACT

The Service Provider clearly understands that this contract entered into between the Service
Receiver and the Service Provider is an exclusive contract. The Service Receiver is not free to
engage as many Service Provider/s, for similar type of job until the contract is finish or until the
contract is terminated under the law.

ARTICLE VIII - INDEMNITY

The Service Receiver shall not be liable to indemnify or be liable or responsible for any loss or
damage which the Service Provider may suffer by reason of the Service Provider having acted
contrary to or in breach of the terms of the contract and/or any instructions that may be given by
the Service Receiver.


ARTICLE IX CHANGE IN THE CONSTITUTION

The Service Provider shall make no change whatsoever in its constitution/nature of business
during the continuance of this contract.

ARTICLE X - RETURN OF DOUCMENTS, PAPERS, AMOUNTS, PROPERTIES,
LETTERS OF THE SERVICE RECEIVER ON TERMINATION

In the event of expiry or termination of this contract by either party for any reason whatsoever,
the Service Provider shall forthwith return to the Service Receiver all documents, papers,
properties of the Service Receiver that belongs to the Service Receiver or held by the Service
Provider on behalf of the Service Receiver. The Service Provider shall be responsible or liable
for any loss or damages to such properties.

ARTICLE XI CONTACT PERSON

Contact person(s) for the parties of the agreement shall be as follows:

For the Service Receiver
Somlal subedi
Heemanta thakuri

For the Service Provider
Bikram Prajapati
Suman Prasad adhikari

Any change in the contact person(s) and/or their details shall be communicated in writing to the
other.


SERVICE CONTRACT

ARTICLE XII SETTLEMENT OF DISPUTE

In case any dispute arising out between the parties to this contract, it shall be settled amicably
between both the parties, and no third parties shall be involved. In case of failing to settle the
dispute amicably between the parties, such dispute may be settled through the process of
Arbitration in the manner as prescribed in the Arbitration Act, Nepal 1998 (2055)
Or through the process of normal court proceedings as per the laws of the Country (Nepal).

ARTICLE XIII TERMINATION

The Service Receiver may terminate this Contract by giving a one month's written notice in advance
to the Service Provider.

Any rights or obligations including any obligations to making payment/s as compensation or
indemnification by the Service Provider prior to the date of receipt of the notice of termination of
this contract by the Service Provider shall not be prejudiced and such rights of the Service Receiver
and obligations of the Service Provider shall be enforceable in spite of the termination of this
contract.

ARTICLE XIV- CONTINGENCY PLAN

The Service Provider shall have a viable Contingency Plan to provide uninterrupted service to the
Service Receiver. The plan will need to be tested from time to time and the Service Receiver may
review the plan as and when required.

ARTICLE XV- CONFIDENTIALITY

The Service Provider, its employees and staffs shall maintain strict confidentiality in respect of any
information relating to the Service Receiver, which may be known to them or, which they may
come across in course of providing the services. The name and address of employee send from
service provider will not be available for other. The activities that they see under the company must
limit within them.
In case of failing to maintain the confidentiality in respect of information relating to the Service
Receiver by the Service Provider, its employees and staff as a result should the Service Receiver
face any losses, the Service Provider will be liable to compensate the Service Receiver at least
double to losses faced by the Service Receiver.


ARTICLE XVI- PUBLICITY:

The Service Provider shall or release information in relation to or about this Agreement.

ARTICLE XVII- AMENDMENT OF CONTRACT

This Contract may be amended by mutual agreement in writing between the Service Receiver and
the Service Provider.
SERVICE CONTRACT


ARTICLE XVIII- PERFORMANCE GUARANTEE

The Service Provider, within 7 days from the date of signing of this Contract shall provide
performance Service Receiver guarantee amounting NPR 3,000,00 (Nepali Rupees three lakh
Only).In case of non-performance of any of the obligations arising out from this contract by the
Service Provider or violation of any terms of this contract, the Service Receiver shall be entitled to
invoke the Service Receiver guarantee(s) in full and forfeit the proceeds thereof.


ARTICLE XIX PERIOD OF PERFORMANCE AND RENEWAL

This Contract shall come into effect from 15 days after contract is sign and shall continue to be in
force until 5 years from date of contract

The Contract may be renewed for an additional period at the option of the Service Receiver upon
reviewing the satisfactory performance of the contract during the period of performance. However,
the Service Provider cannot claim it as its right.

Provided that in case of failure to comply with the terms and conditions set forth in this Contract by
the Service Provider, the Service Receiver shall be entitled to rescind this contract immediately
without any obligation in Service Receivers part.

Any terms and conditions if not specifically mentioned herein shall be governed by the
prevailing Contract Act 2056 (1999).

IN WITNESS WHEREOF, duly authorized representatives of both the parties, verification of
which has been waived hereby, have signed and executed this contract on the date mentioned
hereinabove in the presence of the witnesses appearing hereunder at the office of the Service
Receiver.



On behalf of the Service Receiver On behalf of the Service Provider

Bikram Prajapati Somlal Subedi

------------------------------- ----------------------------
(Signature) (Signature)


Kamal Prasad Niraula Niru silpakar

.. ------------------------------
(Signature) (Signature)

SERVICE CONTRACT




References
Rocket Lawyer. (n.d.). Flooring Contract. Retrieved from
https://www.rocketlawyer.com/secure/interview/new.aspx?id=1452&try=1&v=3&utm_s
ource=1024#q1
VakilNo 1. (n.d.). Law of Contract in Nepal. Retrieved from
http://www.vakilno1.com/saarclaw/nepal/law-of-contract-in-nepal.html