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SUBSCRIBER’S AGREEMENT

 (To be submitted on Rs. 10 Non-Judicial Stamp Paper)

 

This deed of Subscriber’s Agreement made on this ___________________ day of _______________ 2005.

BETWEEN

Transport corporation of India  Ltd , a company registered and having its registered office at 306 & 307, Ashoka Bhoopal Chambers, S.P. Road, Secundrabad-500 003 hereinafter referred to as “TCI” (which expression shall unless repugnant to the context and mean to and include its successors and assigns) of the FIRST PART  as Service provider

 

                                                        And

 

_____________, of _____________ carrying on business as a sole proprietor in the name and style of __________/_____registered partnership firm/Corporate entity duly constituted and having its place of business  or registered office at _____ , hereinafter called as “User” (which expression shall unless repugnant to the context and meaning thereof to mean and include its/his/her/their/ respective heirs, executors, administrators and successors/the partner(s) for the time being of the said firm, the survivors of them and executors, administrators and successors of the surviving partners as the case may be) of the SECOND PART as user .

 

WHEREAS   TCI  has over the years done intensive in  house R & D to develop a  software  product called Indian Road Freight Index – IRFI  as web portal i.e. http://www.tcil.com and has requisite skill, knowledge experience, expertise, infrastructure and capability to handle the service introduced  and has developed procedures for on line trends in Freight Rates, Routes  Freights etc .

  

Definitions :

 

Product

 

1. Road Freight Index  consisting of  weekly Index trend  values presented in  HTML charts .

 

Rules and Regulations :

 

  1. FIRST PART viz., the   TCI  possesses and is entitled to carry out as per the terms of this agreement and other rights which have been reserved by the Company to add, amend and to alter any of the terms/recitals to this agreement due to its necessity and change of circumstances which may occur in the near future in accordance with law and for the smooth administration of the business .
  2. Words applicable to natural persons only shall also include any body or persons, firm or partnership, corporates  whether incorporated  or unincorporated.

 

 

NOW IT IS HEREBY AGREED  AS FOLLOWS:

 

  1. In consideration of the initial subscription   as applicable paid by the user,  the party to the  First part  i.e  TCI hereby agrees in granting the  right of using  the   Product(s) as mentioned hereinabove .

 

OBLIGATIONS AND RESPONSIBILITIES OF THE USER:

 

The User shall at all times observe, perform comply and cause all the instructions given in the web site  and comply with all the Service Provider Rules and Regulations (which may from time to time be varied, added to amended or deleted as the case may be) relating  to the  operation of TCI's web site .

 

Provided always that no variation, addition, amendment thereto shall be inconsistent with the rights of the user as expressed in this Agreement and the user hereby acknowledges .

 

Further  the user shall not use the Company's trade marks, emblems or designs.

 

EVENTS OF DEFAULT:

The user shall be deemed to have committed a default if the user commits a breach of any of the agreements, covenants, terms, stipulations and undertakings herein stipulated and without prejudice to the generality of the foregoing .

TERMINATION: 

In the event of occurrence of any default, the First Part i.e TCI shall have the absolute right to terminate this Agreement at any time by giving notice in writing to the user.

INDEMNITY: 

The user shall indemnify and keep indemnified the Service Provider against any and all losses, damages or liabilities, legal fees and costs incurred by the service provider including but not limited to any act, negligence or default of the user. 

NOTICES:

Save as herein before otherwise provided any notice required to be given hereunder shall be sufficiently served to the Service provider or the User or forwarded by registered post or recorded delivery service to the last known postal address of the User or the registered address of the Service Provider. Proof of posting shall be deemed to be proof of delivery. 

ARBITRATION:

 

In the event of any disputes or differences between the parties hereto in relation to this agreement or any interpretation of the terms and conditions of the agreement or anything to be done hereunder the same shall be referred under Arbitration Act or any statutory modifications or re-enactment thereof for the time being in force. For all such matters the jurisdiction shall be delhi and the Arbitrator will be Mr. M.P. Sarawagi, Advocate & Legal Consultant, Sun City, Block – E, Flat No 107-108, 1st Floor, 105/1, Bidhan nagar Road,  Kolkata – 700 067.

 

JURISDICTION: 

Any dispute arising out of this present Agreement shall be referred to relevant court(s) having jurisdiction at Delhi only. 

IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year stated below.

 

SIGNED BY for and on behalf of the

 Service Provider 

 

 

SIGNED by the  User                --

 

 

WITNESSES:

 

 

S.No

 

NAME AND FULL ADDRESS                     (in Block Letters)

SIGNATURE

 

1.

 

 

 

 

 

 

 

 

 

 

2.