Sample / Template / Free Example of Human Resource Service Level Draft Contract in word /. doc
CONSULTING AGREEMENT
This consulting agreement (the "Agreement"), made as of 13th September, 2013, is entered into by ROCKET SALES LTD, a company having its head Office at 5/12, Kalyan Marg, Mumbai – 458 478 (the "Company"), and, ABC HR SERVICES, a consulting firm having their office at 54/2, Amir Chand Road, Mumabi 458 475 (the "Consultant").
The Company desires to retain the services of the Consultant and the Consultant desires to perform certain services for the Company. In consideration of the mutual covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties hereto, the parties agree as follows:
1.Services. The Consultant agrees to perform such consulting, advisory and related services to and for the Company as may be reasonably requested from time to time by the Company, including, but not limited to, the services specified in Exhibit A.
2.Non-Compete. During the Consulting Period (as defined below) and for six months after the conclusion of the Consulting Period, the Consultant shall not engage in any activity that has a conflict of interest with the Company, including any competitive employment, business, or other activity, and shall not assist any other person or organization that competes, or intends to compete with the Company.
3.Term. This Agreement shall commence on April 1, 2013 (the "Commencement Date") and shall continue until March 31, 2014 unless terminated in accordance with the provisions of Section 5.
4.Compensation.
6.Non-Solicitation. During the Consulting Period and for a period of one (1) year thereafter, the Consultant will not directly or indirectly recruit, solicit or hire any employee of the Company, or induce or attempt to induce any employee of the Company to terminate his/her employment with, or otherwise cease his/her relationship with, the Company.
7.Cooperation. The Consultant shall use his/her best efforts in the performance of his/her obligations under this Agreement. The Company shall provide such access to its information and property as may be reasonably required in order to permit the Consultant to perform his/her obligations hereunder. The Consultant shall cooperate with the Company's personnel, shall not interfere with the conduct of the Company's business and shall observe all rules, regulations and security requirements of the Company concerning the safety of persons and property.
8.Independent Parties. It is the express intention of the parties to this Agreement that the Consultant is an independent contractor, and is classified by the Company as such for all employee benefit purposes, and is not an employee, agent, joint venture, or partner of the Company. Nothing in this Agreement shall be interpreted or construed as creating or establishing an employment relationship between the Company and the Consultant. Both parties understand and agree that the Consultant may perform services for others during the term of this Agreement. Consultant shall have no authority to assume, create, or enlarge any obligation or commitment on behalf of the Company without the prior written consent of the Company.
9.Confidential Information. Consultant understands that the Company possesses Proprietary Information (as defined below) which is important to its business and that this Agreement creates a relationship of confidence and trust between Consultant and the Company with regard to Proprietary Information.
For purposes of this Agreement, “Proprietary Information” is information that was or will be developed, created, or discovered by or on behalf of the Company, or is developed, created or discovered by Consultant while performing Services, or which became or will become known by, or was or is conveyed to the Company which has commercial value in the Company’s business. “Proprietary Information” includes, but is not limited to, trade secrets, designs, technology, know-how, works of authorship, source and object code, algorithms, processes, data, computer programs, ideas, techniques, inventions (whether patentable or not), business and product development plans, customers, customer lists and other information concerning the Company’s actual or anticipated business, research or development, personnel information, terms of compensation and performance levels of Company employees, or information which is received in confidence by or for the Company from any other person. Consultant understands and agrees that this consulting relationship creates a relationship of confidence and trust between the Company and Consultant with respect to Proprietary Information.
At all times, both during the term of this Agreement and after its termination, Consultant will keep in confidence and trust, and will not use or disclose, any Proprietary Information without the prior written consent of an officer of the Company, except as may be necessary in the ordinary course of performing the Services under this Agreement.
10.Entire Agreement. This Agreement constitutes this entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this Agreement.
11.Amendment. This Agreement may be amended or modified only by a written instrument executed by both the Company and the Consultant.
12.Successors and Assigns. This Agreement shall be binding upon, and inure to the benefit of, both parties and their respective successors and assigns, including any corporation with which, or into which, the Company may be merged or which may succeed to its assets or business, provided, however, that the obligations of the Consultant are personal and shall not be assigned by the Consultant.
13. In the event that any provision of this Agreement shall be invalid, illegal or otherwise unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year set forth above.
ROCKET SALES LTD
_________________________________________
ABC HR SERVICES
_________________________________________
EXHIBIT A
DESCRIPTION OF CONSULTING SERVICES
Description of Services:
CONSULTING AGREEMENT
This consulting agreement (the "Agreement"), made as of 13th September, 2013, is entered into by ROCKET SALES LTD, a company having its head Office at 5/12, Kalyan Marg, Mumbai – 458 478 (the "Company"), and, ABC HR SERVICES, a consulting firm having their office at 54/2, Amir Chand Road, Mumabi 458 475 (the "Consultant").
The Company desires to retain the services of the Consultant and the Consultant desires to perform certain services for the Company. In consideration of the mutual covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties hereto, the parties agree as follows:
1.Services. The Consultant agrees to perform such consulting, advisory and related services to and for the Company as may be reasonably requested from time to time by the Company, including, but not limited to, the services specified in Exhibit A.
2.Non-Compete. During the Consulting Period (as defined below) and for six months after the conclusion of the Consulting Period, the Consultant shall not engage in any activity that has a conflict of interest with the Company, including any competitive employment, business, or other activity, and shall not assist any other person or organization that competes, or intends to compete with the Company.
3.Term. This Agreement shall commence on April 1, 2013 (the "Commencement Date") and shall continue until March 31, 2014 unless terminated in accordance with the provisions of Section 5.
4.Compensation.
- 4.1. Consulting Fees. The Company shall pay to the Consultant a fee of Rs. 800000.00 (Rupees Eight Lacs only) per month. The Consultant shall submit to the Company a monthly invoice for such consulting fees at the end of every month. The Company shall pay to the Consultant amounts shown on each such invoice within 7 days after receipt thereof.
6.Non-Solicitation. During the Consulting Period and for a period of one (1) year thereafter, the Consultant will not directly or indirectly recruit, solicit or hire any employee of the Company, or induce or attempt to induce any employee of the Company to terminate his/her employment with, or otherwise cease his/her relationship with, the Company.
7.Cooperation. The Consultant shall use his/her best efforts in the performance of his/her obligations under this Agreement. The Company shall provide such access to its information and property as may be reasonably required in order to permit the Consultant to perform his/her obligations hereunder. The Consultant shall cooperate with the Company's personnel, shall not interfere with the conduct of the Company's business and shall observe all rules, regulations and security requirements of the Company concerning the safety of persons and property.
8.Independent Parties. It is the express intention of the parties to this Agreement that the Consultant is an independent contractor, and is classified by the Company as such for all employee benefit purposes, and is not an employee, agent, joint venture, or partner of the Company. Nothing in this Agreement shall be interpreted or construed as creating or establishing an employment relationship between the Company and the Consultant. Both parties understand and agree that the Consultant may perform services for others during the term of this Agreement. Consultant shall have no authority to assume, create, or enlarge any obligation or commitment on behalf of the Company without the prior written consent of the Company.
9.Confidential Information. Consultant understands that the Company possesses Proprietary Information (as defined below) which is important to its business and that this Agreement creates a relationship of confidence and trust between Consultant and the Company with regard to Proprietary Information.
For purposes of this Agreement, “Proprietary Information” is information that was or will be developed, created, or discovered by or on behalf of the Company, or is developed, created or discovered by Consultant while performing Services, or which became or will become known by, or was or is conveyed to the Company which has commercial value in the Company’s business. “Proprietary Information” includes, but is not limited to, trade secrets, designs, technology, know-how, works of authorship, source and object code, algorithms, processes, data, computer programs, ideas, techniques, inventions (whether patentable or not), business and product development plans, customers, customer lists and other information concerning the Company’s actual or anticipated business, research or development, personnel information, terms of compensation and performance levels of Company employees, or information which is received in confidence by or for the Company from any other person. Consultant understands and agrees that this consulting relationship creates a relationship of confidence and trust between the Company and Consultant with respect to Proprietary Information.
At all times, both during the term of this Agreement and after its termination, Consultant will keep in confidence and trust, and will not use or disclose, any Proprietary Information without the prior written consent of an officer of the Company, except as may be necessary in the ordinary course of performing the Services under this Agreement.
10.Entire Agreement. This Agreement constitutes this entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this Agreement.
11.Amendment. This Agreement may be amended or modified only by a written instrument executed by both the Company and the Consultant.
12.Successors and Assigns. This Agreement shall be binding upon, and inure to the benefit of, both parties and their respective successors and assigns, including any corporation with which, or into which, the Company may be merged or which may succeed to its assets or business, provided, however, that the obligations of the Consultant are personal and shall not be assigned by the Consultant.
13. In the event that any provision of this Agreement shall be invalid, illegal or otherwise unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year set forth above.
ROCKET SALES LTD
_________________________________________
ABC HR SERVICES
_________________________________________
EXHIBIT A
DESCRIPTION OF CONSULTING SERVICES
Description of Services:
- Helping to design and develop a robust list of points that will need to be agreed upon by both the management and the unioins so that a ‘win-win’ agreement can be arrived at.
- Helping the management to devise a suitable and workable strategy that will help in building consensus and get the agreement finalized.
- Assist the management of RCK in follow up actions that may need to be taken up to ensure that the ‘gains’ of this agreement get consolidated as we go along.
- Advise the CEO of RCL on labor and other related issues that will help to maintain the momentum and take the company to its objective.
- Advise the CEO in development of leadership skills amongst the top management of RCL and also on strategies to nurture and build on team building within the team.
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