Memorandum of Understanding

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Memorandum of Understanding

This agreement is made on the 1st September 2018 between-


(1) Bee Kay Precision (India) Pvt. Ltd. D-80, Road No.-7, Site No.-5, Udyog Kunj,
Kanpur.
And
(2) Dev Welfare Santhan M.I.G.-45,G-Block, Gujaini, Kanpur.

Bee Kay Precision and Dev Welfare Sansthan, are also referred individually as “Party”,
“Other Party”, “Either Party”, “Both Parties” and collectively as “Parties”.

The Memorandum of understanding (MOU) lays down the guidelines under which Bee Kay
Precision Pvt. Ltd. Will procure some services from Service partner.
Confidential information:- All information, know-how or material in any form relating to or
provided by Bee Kay or which becomes known or is provided to Dev Welfare Sansthan as a
result of the course of dealings between them which is by its nature confidential, is
designated by Bee Kay Precision India Pvt. Ltd. as confidential or which the Dev Welfare
Sansthan know reasonably now is confidential including any no-public, commercially
sensitive or secret information relating to Bee Kay Business marketing commercial,
financial and technical data, trade secrets, data, operations, customs, stakeholders, activities,
planning, investigations, products, services, research and development, analysis, reports,
derivative works and the contents of the Agreement.
Objective
The objective of this agreement is to establish a relationship between Bee Kay Precisions
and Dev Welfare Sansthan to provide skills Training to candidates under the skills initiative
of UPSDM to provide Entrepreneurship and skill development Training Programmes (E&
SDPs) for the skill sets, which are/will be in demand by the market leasing to self/wage-
employment, with emphasis on entrepreneurship, to promote skill India-Mission.
Scope
It is proposed to provide potential candidates from SC/ST/BPL/Minorities/Women/BoCW
access to training, assessment and certification for qualifications with benchmarked
standards offered under the ISDM Scheme Initiative.
These courses will be mediocre duration (min 500 Hrs.) benchmarked practical job oriented
courses aligned to NSQF.
Technical and hard trades like Account Assistant using Tally, computer Hardware
Networking & Electronics etc. to be covered during this engagement. Over and above that,
we can consider soft skill Trade.
Locations & Training Volume
Project Location Volume Expected Expected Project
Training Start Training End Date
Date End Date
ISDM MIG-45 –Block 500 01.07.2017 19
Gujaini, Kanpur

Note: Maximum batch size should be 27: minimum batch size should be 15.
Scope of work and Commercials:
a. All payments to be made per learner, since payments are learner-wise, if there is not
learner no payment will be made.
b. Batch wise invoices will be required for each payment.
c. Payment will all be made via cheque, cash or electronic transfer only.
There will be three agreed cost models for the partnership.
1. Infrastructure – Class-rooms as per requirement (Number of students in a batch as
per sanctioned numbers) with chairs, walls, light, flooring and other basic
accessories to conduct Quality Training along with complete labs with tools and
equipment (as per course requirement stated in the curriculum) CCTV system
connected, Biometric device, etc. will be provided by Dev welfare Sansthan and
have to be set-up quality of the infrastructure – walls, light, floor etc.

A. Training – Bee Kay Precision will pay only for those candidates, which are
mobilized & trained by Dev Welfare Sansthan and selected by Actions Point
Samiti who is enrolled in the course. A fee of INR 7680 per candidate selected
will be paid upon training completion with a minimum 80% biometric
attendance adherence, as per UPSDM portal, for each learner. If a Lerner drops-
out during this period, no payment will be made or dropouts Payment made for
candidates who drop out post 10 days in training will be adjusted/recovered
against this milestone.

B. Placement and Post Placement Tracking- All the trained students shall be
offered a suitable job which shall meet the placement criteria, which is 70% of
batch size on the basis of enrolled candidates, of the project undertaken. A
minimum of three months tracking needs to be done with proper evidence- such
as – offer/Appointment letter. Salary slips, Bank Transfer of monthly salary for 3
months and any other documentation as needed by the project authorities). An
additional amount of INR 1920/- per learner will be disbursed in the following
manner.
a. 50% on first months of placement with relevant proofs of placement
(appointment Letter, Salary slip, Bank transfers of salary, etc as required by
the project mandate).
b. 50% post three months report out with documentation and evidences (as
required by the project mandate).
c. Payment made for candidates in point ‘a’ above, who drop out before 3
months completion in training, will be adjusted/recovered against this
milestone.

Note: All payment milestones to be pad within 3 working days from the date of
receiving payments from UPSDM.

The candidate will not be charged and sum over and above the sums payable by Bee Kay
Precision per this Mol. (Not even caution deposit).

All amounts stated in this MOU are inclusive of all applicable taxes (e.g. service tax, swach
bharat cess and krishi kalyan cess).

All payments will be made subject deduction of TDS as per income Tax Rules.
All payments will be paid electronically
Payments will be released only on full adherence to the filament of the obligation and role
of the service partner.
All invoices will be generated in the name of “Action Point Samiti”

Financial Disclosures
Dev welfare Sansthan should not share any financial or MoU details to any party without
the prior information and the approval by Bee Kay Prison

Terms and Conditions


Period of Agreement
 This agreement shall be valid upto 31st Dec. 2019 from the date signing, unless
terminated earlier in accordance with the termination provision herein.
 At the end of the above period the agreement would be reviewed, and re-approved
by written consent by both parties with necessary amendments as seen at the time.
 Apart of the training & centre expenses, all expenses with be incurred by Action
Point samiti like DPMU, SPMU & other government party.
 All teaching add and welcome kit will be provided by Action Point Samiti like
books, bag, uniform ID cards etc. (if applicable).
 Only assessment cost will be bear by Dev Welfare Sansthan.

Termination of Agreement
Either of the parties may terminate this agreement with or without cause, by providing 60
days, written notice subject to completion of batches already in the process of raining or
assessment.

Confidentiality
 The parties agree that, during the terms of this agreement any confidential or
propriety information that each of the parties will have access to with respect to the
other parties, business, will not during the term of this agreement, or any time
thereafter, be divulged, furnished or made accessible to anyone, other than:
 Pursuant to a mandatory court order, subpoena or other legal process:
 With the written consent of the relevant party:

Force Majeure
Either party shall be excused from performance of this agreement during or to the extent
that performance is prevented by the occurrence of unforeseen causes beyond the control of
anticipated or unforeseeable by and without the negligence of the party claiming excuse.
Such causes include, without limitation, strike, go slow, other concerted acts of workmen,
acts of god, war, fire, explosion action of elements, earthquake, flood, civil disturbance and
government restrictions and limitations. The party claiming excuse shall give immediate
written notice thereof to the other, in any case not later than 15 days, following the
occurrence of such event. If performance is held up for a continuous period of more than 4
months from the date of first notice, then the two parties shall review the situation and agree
upon a course of action as to protect their interest. A party claiming force majeure shall
exercise reasonable diligence to seek overcome the Force Majeure even and to mitigate he
efforts hereof on the performance of its obligations under this agreement.
Bee Kay Precision shall promptly Dev Welfare Sansthan in writing, or vice versa of any
situation or event arising from circumstances beyond their control. Upon the occurrence of
such a situation or event, the services shall be deemed to be postponed for a period of time
equal to that caused by the situation and a reasonable period not exceeding one month to
mobilize, for the continuation of the services.

Governing Law
The agreement shall be governed by and construed according to the laws in force in India,
and submitted to the exclusive jurisdiction of the Kanpur courts.

Amendments
Either party may request changes to this to this MOU. Any changes, modifications,
revisions or amendments to this MOU which are mutually agreed upon by and between the
parties to this MOU shall be incorporated by written instrument, and effective when
executed and signed by all parties to this MOU.
Communication Address
M/s Bee Kay Precison (India) Pvt. Ltd.

For and on behalf of Dev Welfare Sansthan

Signed ……………………..
Name…………………………
Designation ………………….
Date…………………………..

For and on behalf of ……………


Signed……………………………
Name…………………………….
Designation ………………….
Date…………………………..

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