INTERNSHIP AGREEMENT
This Internship Agreement ("Agreement") made and executed on ________ ("Effective Date"),
BY AND BETWEEN
________, ("Employer") with its principal office located at ________, ________, Andaman and Nicobar Islands - ________ IN (which expression shall unless it be repugnant to the context or meaning, therefore, be deemed to include their successors in business, assigns, executors, and administrators)
AND
________ ("Intern"), Govt. ID: ________, ________, Correspondence Address: ________, ________, Andaman and Nicobar Islands - ________ IN (which expression shall unless it be repugnant to the context or meaning, therefore, be deemed to include his/ her assigns, heirs, or executors.)
WHEREAS
A. The Employer is engaged in the business of: ________, and allows Interns to connect with their professional interests.
B. As a student of the following university/institution: ________, the Intern desires to gain practical knowledge and experience in this field, and the Employer is willing to grant the Intern an Internship opportunity with the Employer.
1. DEFINITIONS
a. "Completion Certificate" means the certificate provided by the entity to the Intern certifying the completion of the Internship.
b. "Letter of recommendation" means a letter recommending the Intern to prospective employers by assessing the Intern's qualities, characteristics, and capabilities in performing the tasks during the Internship Period.
c. "Probationary period" means the initial period of the Internship during which the Employer assesses the performance of the Intern and decides whether he/she may be allowed to continue.
d. "Stipend" - is a fixed sum of money paid by the Employer to the Intern for seeking the benefit of the Intern's services.
2. INTERN POSITION, DUTIES, AND RESPONSIBILITIES
a. The position of the intern will be as follows: ________.
b. The Intern is required to perform the following duties ("Intern Duties"):
________
c. The Intern shall have the following responsibilities:
I. The Intern is expected to carry out their responsibilities with the utmost professionalism.
II. Understand the overall concept of the Employer and provide ideas to grow and improve the business.
III. Adhere to the work hours, policies, procedures, and rules governing the staff behaviour of the Employer.
IV. Adhere to the policies governing the observation of confidentiality and handling of confidential information.
V. Maintain professional relationships with the Interns, Interns, and other related personnel of the Employer.
VI. Consistent and punctual in the submission of all work assignments.
VII. Handle social media accounts, draft emails, talk to Employers over the phone, and perform similar duties.
VIII. Attending meetings and taking minutes whenever asked for.
IX. Performing necessary research on the instructions of the supervisor.
X. Devote whole time, attention and ability solely and exclusively towards the performance of the duties and responsibilities assigned to the Intern by the Employer from time to time during the Employer's normal business hours and at such other times as may be necessary.
XI. The intern shall abide by the Employer's HR Policy notified to Intern from time to time and in the event of a conflict between the provisions of the HR Policy and this Agreement, it is hereby agreed that the provisions of this Agreement shall always prevail.
XII. Except when prevented by any emergency, illness or accident, the Intern will devote the whole of attention and skill to the affairs of the Employer and use best endeavours to promote its interests. The intern shall adhere to, execute, and fulfil all policies established by the Employer.
XIII. The intern shall liaise with the ________ about their patterns of work and schedule and will be responsible for keeping their ________ and team informed about the status of their work. The Intern must work with their ________ to accommodate themselves for meetings or training as required by their role.
XIV. Employer's Code of Conduct and all other respective employment policies and practices apply to the Intern while working, irrespective of work location or schedule arrangement.
3. RESPONSIBILITIES OF THE EMPLOYER
a. The Employer shall be responsible for the following:
I. Orienting the Intern to the structure, and policies including office hours, dress code, and leave policies.
II. Assigning and supervising the completion of tasks, and responsibilities that are consistent with the Intern's responsibilities.
III. Provide a Stipend for the work performed by the Intern.
4. RESOURCES AND FACILITIES
a. Provide the Intern with adequate resources to complete the tasks assigned.
b. The Employer shall provide the following facilities to Intern for the duration of this Agreement to provide the aforementioned services:
________
5. LOCATION OF INTERNSHIP
a. The Intern shall work at the Employer's office in ________ or such other place that the Employer may require from time to time.
b. The Employer may at its sole and absolute discretion transfer the Intern to any other office of the Employer within India or abroad.
c. Intern hereby agree to travel to such parts of India and the world as necessary for the discharge of Intern's duties as the Employer may direct or authorize.
6. OFFICE HOURS
a. The Employer's normal business hours are:
________
(otherwise than on all holidays as notified in writing by the Employer from time to time).
b. The Intern will be expected to work ________ (________) hours a week.
c. The office hours may be amended by the Employer from time to time. However, the Employer has the right to require the Intern to work such further hours on weekdays/weekends and on other notified holidays.
7. REMUNERATION
a. The Stipend for the aforementioned Services to be paid by the Employer to the Intern shall be as follows:
The Intern will be paid a lump sum amount for the completion of the Services as envisaged under this Agreement. The total Stipend to be paid by the Employer to the Intern shall be Rs ________ (________).
b. The Intern is eligible for overtime pay in the following manner: ________ for additional hours approved in writing by the Employer.
c. The Intern shall be entitled to invoice the Employer at the following time interval: Weekly.
d. The Employer shall pay the Stipend within a period of ________ (________) business days from receipt of the invoice from the Intern.
e. The payment shall be made in the following manner: Internet Banking. The bank account details are as follows:
________
8. EXPENSES
The Intern shall assume responsibility and pay for all reasonable expenses necessary to effectively provide its Services under this Agreement. If the Employer agrees to pay for any expenses, such expenses shall first be approved by the Employer or such authorized person of the Employer in writing.
9. REPORTS
a. The Intern has to submit a periodic report about the status of the work to the Employer on the following intervals: Daily.
b. The Intern shall submit the periodic report in the following manner: ________.
10. TERMS OF ADDITIONAL SERVICES
Prior to starting any additional Services including Internships, jobs, or consultancy, the Intern shall first obtain written authorization and consent from the Employer.
11. PROBATION PERIOD
The Parties agree that the initial ________ (________) business days of the Internship period shall be a probationary period during which the Employer may in its absolute discretion terminate the Internship for any reason with or without notice.
12. RELATIONSHIP
The Intern at all times remains an independent contractor and nothing in this Agreement shall be construed to create the relationship of Employer and Intern, principal and agent, partnership or joint venture, or any other fiduciary relationship.
13. TERMS AND TERMINATION
a. The Internship will start on ________ ("Commencement Date") and will continue till ________.
b. Suppose the Intern materially defaults in the performance of any of its duties and obligations hereunder, and such default cannot be substantially cured within ________ (________) business days or such breach by its nature is incapable of being cured in such a period. In that case, the Employer may, upon written notice to the Intern, terminate this agreement and/or SoW as of the date specified in such notice.
c. Either party may terminate this Agreement for cause by providing the other party written notice if the other party: (i) is in material breach of this Agreement and has failed to cure such breach within 7 (seven) business days after its receipt of written notice of such breach provided by the non-breaching party; (ii) engages in any unlawful business practice related to that party's performance under the Agreement; (iii) files a petition for bankruptcy, becomes insolvent, acknowledges its insolvency in any manner, or appoints creditors, receivers or trustees. The parties shall be given notice of 15 (fifteen) business days prior to the termination.
d. In the event of termination, the Intern shall immediately stop work on the assigned tasks and agrees to protect any property of the Employer including Intellectual Properties, which is in the possession of the Intern. The Intern shall return all documentation, equipment or other materials provided by the Employer during the term of this Agreement, within a reasonable period and location as specified by the Employer.
e. Both parties agree that, once the aforementioned duration of this agreement is over, the agreement can be extended to such a period as mutually agreed in writing.
14. NOTICES
All communications regarding this Agreement shall be sent to the address mentioned at the beginning of this Agreement or the email provided hereunder.
Employer Email: ________
Intern Email: ________
15. 2525585588 82 258852558
8282525 25522 85588 82 885882 22 252 22525 225 522 8228858, 82585282, 8288522258, 25282882, 25 8228285222858 5525228 5588822 2522 25 5285225 22 2588 825222222, 828855822 825882 822552, 52525, 8288 22 5282252, 25 2522828 25 22525 82222828, 525 885828 82 522 25855 25522, 2822 82 252 2552828 5582 8222 5588825 22 252 22888888822 22 8585 5525228. 552 225222822 8828252822 5228828 22 588 855828 22 582822 82 252 522522522, 828855822 8825252 8828252822 22 852585 22 82225582, 852585 22 85555222, 2228822282, 825882 885888822, 525 22525 22528.
16. CONFIDENTIALITY
a. During the course of the Internship, Intern will have access to information (whether or not recorded in writing or on a computer disk or tape) that the Employer treats as confidential or which has the necessary quality of confidentiality.
b. Further, the Intern understands that the Employer from time to time has in its possession information which is claimed by others to be proprietary and which the Employer has agreed to keep confidential. The Intern agrees that all such information shall be Proprietary or Confidential Information for purposes of this Agreement.
c. Without limiting the foregoing, Confidential Information shall include:
I. Intellectual Property and Developments including technical data, and information relating thereto or any part thereof; any devices designed by the Employer or its affiliate, trade, or business secrets of the Employer or its affiliate;
II. Financial data, in particular, concerning budgets, Stipends and revenue calculations, costs, sales figures, financial statements, costing, profits, profit margins, profit expectations and inventories of the Employer and/or affiliates; commercial arrangements and negotiations, unpublished accounting information, business strategies, business plans, research and development projects, product formulae, processes, inventions, programs, designs, specifications, discoveries or know-how;
III. Confidential or proprietary information received from third parties and the identity of the Employer's consultants and investors, any and all information, material and data provided by any Employer of the Employer or its affiliates;
IV. sales statistics, marketing surveys and plans, forecasts, budgets, costs, profit, or loss, names, addresses, and contact details of customers and potential customers or suppliers, licenses, prices, costs and Intern, customer and supplier lists, any other information or knowledge gained from the Employer or in the course of Internship;
V. Information concerning the Employer or affiliates' organizational and personnel matters (including employment-related matters, contact details of any Intern/Intern of the Employer or its affiliates, training material used by the Employer or its affiliates), policies and procedures data and information relating to IT security protocols, all passwords and software used, owned leased and/or otherwise in the possession of the Employer or its affiliates;
VI. Manufacturing, distribution, and technical data used in conducting the business of the Employer, including details as to procurement, distribution, procedures and strategies, the Stipends, discounts, commissions, and other credits of the Employer or Affiliate;
VII. Business data, particularly data relating to new products, projects, services, promotional campaigns, plans for future development, strategies, pricing agreements and joint ventures in which the Employer or affiliates is/are involved;
VIII. All data in respect of Interns, agents, representatives of the Employer and/or affiliates including details of their effectiveness and compensation, and commission;
IX. Details of this Agreement, including information and details relating to the Intern's salary and other benefits;
X. Information which, to the Intern's knowledge, is not intended by the Employer for general dissemination;
XI. Information received by the Employer and/or Affiliate from third parties under an obligation of confidentiality;
XII. Any information derived from any of the above;
XIII. Any copies of the abovementioned information;
d. Intern shall:
I. Keep secret and shall not, at any time either during the Internship or for the following period: ________ after its termination, for whatever reason and whether directly or indirectly, use, disclose, divulge, communicate or reveal to any person (natural or artificial) for Intern's own or another's benefit, any Developments or confidential, proprietary or secret information which has come to Intern's knowledge during the course of the Internship without the prior written consent of the Employer.
II. Use Intern's best endeavours to prevent the publication, disclosure, or use of any such Confidential information.
III. Enter into a Non-Disclosure Agreement ("NDA") or Confidentiality Agreement ("CA") with the Employer.
IV. Not directly or indirectly reference any information about the Employer on web-based portals i.e. Social Networking Sites, Blog etc.
e. The above restrictions shall not apply to divulging/disclosing information to such persons as may be authorised by the Employer in the course Internship. The Employer's decision as to who shall be permitted to disclose such confidential information shall be final and binding on the Intern.
f. Further, the aforesaid restrictions shall not apply to the disclosure of any information which:
I. Is or becomes available to the public, other than as a result of the Intern's disclosure;
II. Is disclosed to Intern by any third party otherwise than in breach by the such third party of any obligation of confidentiality to the Employer;
III. Is required to be disclosed by any applicable law, regulation, or order of the Court or by any competent judicial, regulatory, governmental, or other authority or governmental agency.
g. For the avoidance of doubt, the termination of this letter agreement or variation of any of its terms or conditions for any reason shall not affect the obligations of confidentiality set out above, except that they shall cease to apply to any information or knowledge which may come into the public domain other than by way of unauthorised disclosure in breach of the above obligations by Intern.
h. During the term of the Internship, the Intern will not improperly use or disclose any Confidential Information or trade secrets, if any, of any former Employer or any other person to whom the Intern has an obligation of confidentiality, and the Intern will not bring onto the premises of the Employer any unpublished documents or any property belonging to any former Employer or any other person to whom the Intern has an obligation of confidentiality unless consented to in writing by such former Employer or person.
i. It is hereby clarified that the Intern shall be permitted to take an independent regular membership of non-profit organisations such as ASSOCHAM, ICAI and similar organisations only with the written consent of the Employer and subject to the condition that the Intern shall not (a) act as an Intern/Intern to any entity or organisation other than the Employer; (b) share or disclose any information of the Employer including Confidential Information, or act as a representative of the Employer at such organisations unless specifically authorised in writing by the Employer.
17. INTELLECTUAL PROPERTY
a. The Intern has submitted to the Employer a complete report with all supporting documents relating to all the Confidential Information, Intellectual Property and all other information developed by the Intern on or prior to the Commencement Date, which would be excluded from the scope of this Agreement. To preclude any possible uncertainty, the Intern sets forth in Annexure attached hereto a complete list of all Intellectual Property, that the Intern has, alone or jointly with others, conceived, developed or reduced to practice or caused to be conceived, developed or reduced to practice prior to the Date of Internship, that the Intern considers to be his/her property or the property of third parties and that the Intern wishes to have excluded from the scope of this Internship.
b. The Intern shall promptly and fully disclose to the Employer and keep confidential all inventions, discoveries, trade secrets, copyright works, designs or technical know-how and improvements, whether or not patentable, and whether or not they are made, conceived or reduced to practice during working hours or using the Employer's data or facilities, which Intern develop, make, conceive or reduce to practice during Intern's engagement, either solely or jointly with others (collectively, the "Developments") in the course of Intern's Internship. All Developments shall be the sole property of the Employer and belong to and be owned exclusively by the Employer, and Intern hereby irrevocably, absolutely and perpetually assign to the Employer, without further compensation, worldwide rights in respect of all of the right, title and interest in and to the Developments and any and all related patents, patent applications, copyrights, copyright applications, trademarks, trademark applications and trade names in India and elsewhere free from encumbrances of any kind for the full term of each and every such right, including renewal or extension of any such term. Decisions as to the protection or exploitation of any intellectual property shall be at the absolute discretion of the Employer.
c. The Intern agrees that all originals and all copies of any and all material containing, representing, evidencing, recording, or constituting all or part of the Developments, however, and whenever produced (whether by Intern or others) and whether or not protected under copyright law or patentable or protected under other intellectual property law, shall be immediately handed over to the Employer upon its creations and any copies thereof returned to the Employer upon the termination of Intern's Internship for any reason.
d. The Intern agrees that the exclusive ownership of all content and/or part of Developments that are not protected under copyright laws and /or other intellectual property law and/or that is not patentable shall be automatically and irrevocably transferred to the Employer from the date of creation.
e. To the extent any assignment of the Developments cannot be made to the Employer or its designees, at present, the Intern hereby irrevocably, absolutely, and perpetually agrees to assign to the Employer or its designees, all of the Intern's right, title and interest including intellectual property rights therein or any part thereof. Intern hereby irrevocably, agree to transfer and assign to the Employer all of Intern's entire right, title and interest in and to any and all inventions, discoveries, methods, copyrights, software, data, processes, products, improvements and developments whether or not published, confidential, protected or susceptible of legal protection and whether or not any attempt has been made to secure such protection, which was made, conceived or reduced to practice at any time during the course of Intern's Internship with the Employer (whether prior to or after the execution of this letter agreement) by Intern, in whole or in part at the expense of, on the premises of, with the assistance of the Interns or Interns of, or with the equipment or supplies of, the Employer or any of its affiliates, and any and all other confidential information belonging to the Employer. If Intern is the author of any work, or a subject matter other than work, that was created or was being created in the course of the Intern's Internship, the Employer may use it in any manner. Intern consent to this use whether or not it would, but for this clause, infringe Intern's moral rights. The Intern explicitly waives all moral rights in the Developments.
f. For the purposes of this clause, the Intern agrees promptly to take all action and sign and deliver all instruments as the Employer may require at any time hereafter. During and after the term of the Intern's Internship by the Employer, the Intern shall and undertakes to assist the Employer, at the Employer's expense, in every proper way to (i) secure and maintain the Employer's rights hereunder and to carry out the intent of this Agreement and for vesting the Employer with the full title of Developments and all rights, titles and interest including intellectual property rights therein and to enable the Employer, its successors, assigns and nominees, to secure and enjoy the full and exclusive benefits and advantages thereof.; (ii) to apply and prosecute registration applications in respect of intellectual property rights and the Developments for the Employer's benefit, in any and all countries; (iii) sign, execute and affirm all documents, including, without limitation, all applications, forms, instruments of assignment and supporting documentation and perform all other acts as may be required for the abovementioned purposes.
g. Intern hereby constitute and appoints the Employer, its successors, and assigns, Intern's true and lawful attorney, with the full power of substitution for Intern, and in Intern's name, place and stead or otherwise, but on behalf of and for the benefit of the Employer, its successors, and assigns, to take all actions and execute all documents on behalf of Intern necessary to affect the assignment set forth hereinabove.
h. Should the Employer be unable to secure the signature on any document necessary to apply for, prosecute, obtain, protect or enforce any IPRs, due to any cause, the Intern hereby irrevocably designates and appoints the Employer and each of its duly authorized officers and agents as the Intern's agent and attorneys to do all lawfully permitted acts to further the prosecution, issuance, and enforcement of IPRs or protection in respect of the Developments, with the same force and effect as if executed and delivered by the Intern.
i. The Intern represents and warrants that he will not use or integrate with the Developments any third-party materials or data that are not validly licensed to the Employer unless previously authorized by the Intern's reporting officer in the Employer. The Intern represents and warrants that the Intern has not violated the Intellectual Property Rights of any third party, and covenants that he/she shall not violate the Intellectual Property Rights of any third party in the course of his/her Internship with Employer. Provided that in the event the Employer is held liable for the Intern's violation of any Intellectual Property Rights, the Intern undertakes to indemnify the Employer or affiliates as the case may be against any and all losses, liabilities, claims, actions, costs and expenses, including reasonable attorney's Stipends and court Stipends resulting therefrom.
j. If in the course of the Intern's Internship with the Employer, the Intern incorporates Intellectual Property into the Employer's product, process or machine, the Employer is hereby granted and shall have a nonexclusive, royalty-free, irrevocable, perpetual, worldwide license (with rights to sublicense through multiple tiers of sub-licensees) to make, have made, modify, use and sell such Intellectual Property.
k. The Intern shall not during and after the term of the Intern's Internship with the Employer, in any way violate the Intellectual Property Rights of the Employer. Provided that in the event the Employer is held liable for the Intern's violation of any Intellectual Property Rights, the Intern undertakes to indemnify the Employer or affiliates as the case may be against any and all losses, liabilities, claims, actions, costs, and expenses, including reasonable attorney's Stipends and court Stipends resulting therefrom. The Intern further covenants that he/she shall ensure that all information and records pertaining to any idea, process, trademark, service mark, invention, technology, computer program, original work of authorship, design, formula, discovery, patent, or copyright of the Employer that the Intern comes across during the term of his Internship with the Employer, are duly protected. The Intern agrees that all originals and all copies of any and all material containing, representing, evidencing, recording, or constituting all or part of the Intellectual Property belonging to any Employer of the Employer, however, and whenever produced (whether by Intern or others) and whether or not protected under copyright law or patentable or protected under other intellectual property law, shall be immediately along with any copies thereof returned to the Employer upon the termination of Intern's Internship for any reason.
18. REPRESENTATION AND WARRANTY
a. Both Parties represent that they are fully authorized to enter into this Agreement.
b. The performance and obligations of either Party will not violate or infringe upon the rights of any third party.
c. The Intern represents that he/she is duly authorized to work as an Intern.
19. INDEMNITY
The Parties each agree to indemnify and hold harmless the other Party against any claims, losses, damages, liabilities, penalties, expenses, and costs of any kind or amount which result from the negligence or breach of this Agreement by the indemnifying party.
20. LIMITATION OF LIABILITY
Under no circumstances shall either Party be liable to the other Party or any third party for any damages resulting from any part of this Agreement.
21. DISPUTE RESOLUTION
a. Both parties do hereby agree that any dispute arising out of or in relation to this agreement shall be settled in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and/or any statutory modification or re-enactment thereof for the time being in force. The parties shall mutually appoint the single Arbitrator. Each party shall pay their own costs and Stipends of the arbitration and the cost of the arbitrator shall be borne equally. The seat or place of the arbitration shall be as follows: Andaman and Nicobar Islands.
b.The Agreement shall be governed in accordance with the laws of India and the courts of Andaman and Nicobar Islands will have the exclusive jurisdiction.
22. SEVERABILITY
If any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of this Agreement. The remaining Agreement shall continue in full force as valid and enforceable.
23. EXCLUSIVITY
The Intern shall not, during the period of the Internship, engage directly or indirectly or in any capacity in any other organization. In the event of a breach of this condition, the Internship is liable to be terminated immediately without prior notice.
24. MISCELLANEOUS
a. No collective agreements (which are otherwise applicable to workmen under the Industrial Disputes Act, 1947) apply to Intern's Internship.
b. This contract sets out the entire agreement and understanding between the Parties in connection with the Internship and supersedes any previous contract or agreement between Intern and the Employer.
c. The Employer may hold and process, whether electronically or manually, the data it collects in relation to the Intern in the course of the Internship for the purposes of the Employer's management and administration of its business and of other Interns and for compliance with applicable procedures, laws and regulations and Intern hereby consent for the same. The Employer or its agents may transfer, store, and process such data whether in India or any other place for the above purposes.
d. If at any time any term or provision in this contract shall be held to be illegal, invalid or unenforceable, in whole or in part, under any rule of law or enactment, such term or provision or part shall to that extent be deemed not to form part of this contract, but the enforceability of the remainder of this contract shall not be affected.
e. The Intern agrees, recognizes and acknowledges that:
I. he/she has been provided with a copy of this Agreement for review prior to signing it, that he/she has reviewed it and that he/she understands the terms, purposes and effects of this Agreement, and that he/she has signed the same only after having had the opportunity to seek clarifications; that he/she has been given a signed copy of this Agreement for his/her own records; he/she has not been subjected to duress or undue influence of any kind to execute this Agreement and this Agreement will not impose an undue hardship upon him/her. He/she has executed this Agreement of his/her own free will and without relying upon any statements made by the Employer or any of its representatives, agents or Interns. This Agreement is in all respects reasonable and necessary to protect the legitimate business interests of the Employer;
II. if he/she violates any of the terms of this Agreement, the Employer will suffer irreparable injury and damages the amount of which cannot be adequately measured in monetary terms and an adequate remedy at law will not exist;
III. In view of the above, the Employer shall be entitled to injunctive relief, in addition to any other remedy available to law or in equity, in the event he/she violates any of the terms or conditions of this Agreement.
25. COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on ________
________ (Employer)
Name of authorized representative:
Designation: ________
Date: _____________________________
__________________________________
Signature
________ (Intern)
Date:______________________________
__________________________________
Signature
WITNESS-1
Name: _____________________________
Address: ___________________________
___________________________________
___________________________________
Signature
WITNESS-2
Name: _____________________________
Address: ___________________________
___________________________________
___________________________________
Signature
The undersigned, being a duly appointed Notary Public, located at ________ on this date, the above-named, appeared before me and properly identified to me and did sign the forgoing.
IN TESTIMONY WHEREOF I subscribe my name and affix my seal notarial on this ___ day of ________ 20___
_______________________
Signature
Notary Public
Address:
INTERNSHIP AGREEMENT
This Internship Agreement ("Agreement") made and executed on ________ ("Effective Date"),
BY AND BETWEEN
________, ("Employer") with its principal office located at ________, ________, Andaman and Nicobar Islands - ________ IN (which expression shall unless it be repugnant to the context or meaning, therefore, be deemed to include their successors in business, assigns, executors, and administrators)
AND
________ ("Intern"), Govt. ID: ________, ________, Correspondence Address: ________, ________, Andaman and Nicobar Islands - ________ IN (which expression shall unless it be repugnant to the context or meaning, therefore, be deemed to include his/ her assigns, heirs, or executors.)
WHEREAS
A. The Employer is engaged in the business of: ________, and allows Interns to connect with their professional interests.
B. As a student of the following university/institution: ________, the Intern desires to gain practical knowledge and experience in this field, and the Employer is willing to grant the Intern an Internship opportunity with the Employer.
1. DEFINITIONS
a. "Completion Certificate" means the certificate provided by the entity to the Intern certifying the completion of the Internship.
b. "Letter of recommendation" means a letter recommending the Intern to prospective employers by assessing the Intern's qualities, characteristics, and capabilities in performing the tasks during the Internship Period.
c. "Probationary period" means the initial period of the Internship during which the Employer assesses the performance of the Intern and decides whether he/she may be allowed to continue.
d. "Stipend" - is a fixed sum of money paid by the Employer to the Intern for seeking the benefit of the Intern's services.
2. INTERN POSITION, DUTIES, AND RESPONSIBILITIES
a. The position of the intern will be as follows: ________.
b. The Intern is required to perform the following duties ("Intern Duties"):
________
c. The Intern shall have the following responsibilities:
I. The Intern is expected to carry out their responsibilities with the utmost professionalism.
II. Understand the overall concept of the Employer and provide ideas to grow and improve the business.
III. Adhere to the work hours, policies, procedures, and rules governing the staff behaviour of the Employer.
IV. Adhere to the policies governing the observation of confidentiality and handling of confidential information.
V. Maintain professional relationships with the Interns, Interns, and other related personnel of the Employer.
VI. Consistent and punctual in the submission of all work assignments.
VII. Handle social media accounts, draft emails, talk to Employers over the phone, and perform similar duties.
VIII. Attending meetings and taking minutes whenever asked for.
IX. Performing necessary research on the instructions of the supervisor.
X. Devote whole time, attention and ability solely and exclusively towards the performance of the duties and responsibilities assigned to the Intern by the Employer from time to time during the Employer's normal business hours and at such other times as may be necessary.
XI. The intern shall abide by the Employer's HR Policy notified to Intern from time to time and in the event of a conflict between the provisions of the HR Policy and this Agreement, it is hereby agreed that the provisions of this Agreement shall always prevail.
XII. Except when prevented by any emergency, illness or accident, the Intern will devote the whole of attention and skill to the affairs of the Employer and use best endeavours to promote its interests. The intern shall adhere to, execute, and fulfil all policies established by the Employer.
XIII. The intern shall liaise with the ________ about their patterns of work and schedule and will be responsible for keeping their ________ and team informed about the status of their work. The Intern must work with their ________ to accommodate themselves for meetings or training as required by their role.
XIV. Employer's Code of Conduct and all other respective employment policies and practices apply to the Intern while working, irrespective of work location or schedule arrangement.
3. RESPONSIBILITIES OF THE EMPLOYER
a. The Employer shall be responsible for the following:
I. Orienting the Intern to the structure, and policies including office hours, dress code, and leave policies.
II. Assigning and supervising the completion of tasks, and responsibilities that are consistent with the Intern's responsibilities.
III. Provide a Stipend for the work performed by the Intern.
4. RESOURCES AND FACILITIES
a. Provide the Intern with adequate resources to complete the tasks assigned.
b. The Employer shall provide the following facilities to Intern for the duration of this Agreement to provide the aforementioned services:
________
5. LOCATION OF INTERNSHIP
a. The Intern shall work at the Employer's office in ________ or such other place that the Employer may require from time to time.
b. The Employer may at its sole and absolute discretion transfer the Intern to any other office of the Employer within India or abroad.
c. Intern hereby agree to travel to such parts of India and the world as necessary for the discharge of Intern's duties as the Employer may direct or authorize.
6. OFFICE HOURS
a. The Employer's normal business hours are:
________
(otherwise than on all holidays as notified in writing by the Employer from time to time).
b. The Intern will be expected to work ________ (________) hours a week.
c. The office hours may be amended by the Employer from time to time. However, the Employer has the right to require the Intern to work such further hours on weekdays/weekends and on other notified holidays.
7. REMUNERATION
a. The Stipend for the aforementioned Services to be paid by the Employer to the Intern shall be as follows:
The Intern will be paid a lump sum amount for the completion of the Services as envisaged under this Agreement. The total Stipend to be paid by the Employer to the Intern shall be Rs ________ (________).
b. The Intern is eligible for overtime pay in the following manner: ________ for additional hours approved in writing by the Employer.
c. The Intern shall be entitled to invoice the Employer at the following time interval: Weekly.
d. The Employer shall pay the Stipend within a period of ________ (________) business days from receipt of the invoice from the Intern.
e. The payment shall be made in the following manner: Internet Banking. The bank account details are as follows:
________
8. EXPENSES
The Intern shall assume responsibility and pay for all reasonable expenses necessary to effectively provide its Services under this Agreement. If the Employer agrees to pay for any expenses, such expenses shall first be approved by the Employer or such authorized person of the Employer in writing.
9. REPORTS
a. The Intern has to submit a periodic report about the status of the work to the Employer on the following intervals: Daily.
b. The Intern shall submit the periodic report in the following manner: ________.
10. TERMS OF ADDITIONAL SERVICES
Prior to starting any additional Services including Internships, jobs, or consultancy, the Intern shall first obtain written authorization and consent from the Employer.
11. PROBATION PERIOD
The Parties agree that the initial ________ (________) business days of the Internship period shall be a probationary period during which the Employer may in its absolute discretion terminate the Internship for any reason with or without notice.
12. RELATIONSHIP
The Intern at all times remains an independent contractor and nothing in this Agreement shall be construed to create the relationship of Employer and Intern, principal and agent, partnership or joint venture, or any other fiduciary relationship.
13. TERMS AND TERMINATION
a. The Internship will start on ________ ("Commencement Date") and will continue till ________.
b. Suppose the Intern materially defaults in the performance of any of its duties and obligations hereunder, and such default cannot be substantially cured within ________ (________) business days or such breach by its nature is incapable of being cured in such a period. In that case, the Employer may, upon written notice to the Intern, terminate this agreement and/or SoW as of the date specified in such notice.
c. Either party may terminate this Agreement for cause by providing the other party written notice if the other party: (i) is in material breach of this Agreement and has failed to cure such breach within 7 (seven) business days after its receipt of written notice of such breach provided by the non-breaching party; (ii) engages in any unlawful business practice related to that party's performance under the Agreement; (iii) files a petition for bankruptcy, becomes insolvent, acknowledges its insolvency in any manner, or appoints creditors, receivers or trustees. The parties shall be given notice of 15 (fifteen) business days prior to the termination.
d. In the event of termination, the Intern shall immediately stop work on the assigned tasks and agrees to protect any property of the Employer including Intellectual Properties, which is in the possession of the Intern. The Intern shall return all documentation, equipment or other materials provided by the Employer during the term of this Agreement, within a reasonable period and location as specified by the Employer.
e. Both parties agree that, once the aforementioned duration of this agreement is over, the agreement can be extended to such a period as mutually agreed in writing.
14. NOTICES
All communications regarding this Agreement shall be sent to the address mentioned at the beginning of this Agreement or the email provided hereunder.
Employer Email: ________
Intern Email: ________
15. 2525585588 82 258852558
8282525 25522 85588 82 885882 22 252 22525 225 522 8228858, 82585282, 8288522258, 25282882, 25 8228285222858 5525228 5588822 2522 25 5285225 22 2588 825222222, 828855822 825882 822552, 52525, 8288 22 5282252, 25 2522828 25 22525 82222828, 525 885828 82 522 25855 25522, 2822 82 252 2552828 5582 8222 5588825 22 252 22888888822 22 8585 5525228. 552 225222822 8828252822 5228828 22 588 855828 22 582822 82 252 522522522, 828855822 8825252 8828252822 22 852585 22 82225582, 852585 22 85555222, 2228822282, 825882 885888822, 525 22525 22528.
16. CONFIDENTIALITY
a. During the course of the Internship, Intern will have access to information (whether or not recorded in writing or on a computer disk or tape) that the Employer treats as confidential or which has the necessary quality of confidentiality.
b. Further, the Intern understands that the Employer from time to time has in its possession information which is claimed by others to be proprietary and which the Employer has agreed to keep confidential. The Intern agrees that all such information shall be Proprietary or Confidential Information for purposes of this Agreement.
c. Without limiting the foregoing, Confidential Information shall include:
I. Intellectual Property and Developments including technical data, and information relating thereto or any part thereof; any devices designed by the Employer or its affiliate, trade, or business secrets of the Employer or its affiliate;
II. Financial data, in particular, concerning budgets, Stipends and revenue calculations, costs, sales figures, financial statements, costing, profits, profit margins, profit expectations and inventories of the Employer and/or affiliates; commercial arrangements and negotiations, unpublished accounting information, business strategies, business plans, research and development projects, product formulae, processes, inventions, programs, designs, specifications, discoveries or know-how;
III. Confidential or proprietary information received from third parties and the identity of the Employer's consultants and investors, any and all information, material and data provided by any Employer of the Employer or its affiliates;
IV. sales statistics, marketing surveys and plans, forecasts, budgets, costs, profit, or loss, names, addresses, and contact details of customers and potential customers or suppliers, licenses, prices, costs and Intern, customer and supplier lists, any other information or knowledge gained from the Employer or in the course of Internship;
V. Information concerning the Employer or affiliates' organizational and personnel matters (including employment-related matters, contact details of any Intern/Intern of the Employer or its affiliates, training material used by the Employer or its affiliates), policies and procedures data and information relating to IT security protocols, all passwords and software used, owned leased and/or otherwise in the possession of the Employer or its affiliates;
VI. Manufacturing, distribution, and technical data used in conducting the business of the Employer, including details as to procurement, distribution, procedures and strategies, the Stipends, discounts, commissions, and other credits of the Employer or Affiliate;
VII. Business data, particularly data relating to new products, projects, services, promotional campaigns, plans for future development, strategies, pricing agreements and joint ventures in which the Employer or affiliates is/are involved;
VIII. All data in respect of Interns, agents, representatives of the Employer and/or affiliates including details of their effectiveness and compensation, and commission;
IX. Details of this Agreement, including information and details relating to the Intern's salary and other benefits;
X. Information which, to the Intern's knowledge, is not intended by the Employer for general dissemination;
XI. Information received by the Employer and/or Affiliate from third parties under an obligation of confidentiality;
XII. Any information derived from any of the above;
XIII. Any copies of the abovementioned information;
d. Intern shall:
I. Keep secret and shall not, at any time either during the Internship or for the following period: ________ after its termination, for whatever reason and whether directly or indirectly, use, disclose, divulge, communicate or reveal to any person (natural or artificial) for Intern's own or another's benefit, any Developments or confidential, proprietary or secret information which has come to Intern's knowledge during the course of the Internship without the prior written consent of the Employer.
II. Use Intern's best endeavours to prevent the publication, disclosure, or use of any such Confidential information.
III. Enter into a Non-Disclosure Agreement ("NDA") or Confidentiality Agreement ("CA") with the Employer.
IV. Not directly or indirectly reference any information about the Employer on web-based portals i.e. Social Networking Sites, Blog etc.
e. The above restrictions shall not apply to divulging/disclosing information to such persons as may be authorised by the Employer in the course Internship. The Employer's decision as to who shall be permitted to disclose such confidential information shall be final and binding on the Intern.
f. Further, the aforesaid restrictions shall not apply to the disclosure of any information which:
I. Is or becomes available to the public, other than as a result of the Intern's disclosure;
II. Is disclosed to Intern by any third party otherwise than in breach by the such third party of any obligation of confidentiality to the Employer;
III. Is required to be disclosed by any applicable law, regulation, or order of the Court or by any competent judicial, regulatory, governmental, or other authority or governmental agency.
g. For the avoidance of doubt, the termination of this letter agreement or variation of any of its terms or conditions for any reason shall not affect the obligations of confidentiality set out above, except that they shall cease to apply to any information or knowledge which may come into the public domain other than by way of unauthorised disclosure in breach of the above obligations by Intern.
h. During the term of the Internship, the Intern will not improperly use or disclose any Confidential Information or trade secrets, if any, of any former Employer or any other person to whom the Intern has an obligation of confidentiality, and the Intern will not bring onto the premises of the Employer any unpublished documents or any property belonging to any former Employer or any other person to whom the Intern has an obligation of confidentiality unless consented to in writing by such former Employer or person.
i. It is hereby clarified that the Intern shall be permitted to take an independent regular membership of non-profit organisations such as ASSOCHAM, ICAI and similar organisations only with the written consent of the Employer and subject to the condition that the Intern shall not (a) act as an Intern/Intern to any entity or organisation other than the Employer; (b) share or disclose any information of the Employer including Confidential Information, or act as a representative of the Employer at such organisations unless specifically authorised in writing by the Employer.
17. INTELLECTUAL PROPERTY
a. The Intern has submitted to the Employer a complete report with all supporting documents relating to all the Confidential Information, Intellectual Property and all other information developed by the Intern on or prior to the Commencement Date, which would be excluded from the scope of this Agreement. To preclude any possible uncertainty, the Intern sets forth in Annexure attached hereto a complete list of all Intellectual Property, that the Intern has, alone or jointly with others, conceived, developed or reduced to practice or caused to be conceived, developed or reduced to practice prior to the Date of Internship, that the Intern considers to be his/her property or the property of third parties and that the Intern wishes to have excluded from the scope of this Internship.
b. The Intern shall promptly and fully disclose to the Employer and keep confidential all inventions, discoveries, trade secrets, copyright works, designs or technical know-how and improvements, whether or not patentable, and whether or not they are made, conceived or reduced to practice during working hours or using the Employer's data or facilities, which Intern develop, make, conceive or reduce to practice during Intern's engagement, either solely or jointly with others (collectively, the "Developments") in the course of Intern's Internship. All Developments shall be the sole property of the Employer and belong to and be owned exclusively by the Employer, and Intern hereby irrevocably, absolutely and perpetually assign to the Employer, without further compensation, worldwide rights in respect of all of the right, title and interest in and to the Developments and any and all related patents, patent applications, copyrights, copyright applications, trademarks, trademark applications and trade names in India and elsewhere free from encumbrances of any kind for the full term of each and every such right, including renewal or extension of any such term. Decisions as to the protection or exploitation of any intellectual property shall be at the absolute discretion of the Employer.
c. The Intern agrees that all originals and all copies of any and all material containing, representing, evidencing, recording, or constituting all or part of the Developments, however, and whenever produced (whether by Intern or others) and whether or not protected under copyright law or patentable or protected under other intellectual property law, shall be immediately handed over to the Employer upon its creations and any copies thereof returned to the Employer upon the termination of Intern's Internship for any reason.
d. The Intern agrees that the exclusive ownership of all content and/or part of Developments that are not protected under copyright laws and /or other intellectual property law and/or that is not patentable shall be automatically and irrevocably transferred to the Employer from the date of creation.
e. To the extent any assignment of the Developments cannot be made to the Employer or its designees, at present, the Intern hereby irrevocably, absolutely, and perpetually agrees to assign to the Employer or its designees, all of the Intern's right, title and interest including intellectual property rights therein or any part thereof. Intern hereby irrevocably, agree to transfer and assign to the Employer all of Intern's entire right, title and interest in and to any and all inventions, discoveries, methods, copyrights, software, data, processes, products, improvements and developments whether or not published, confidential, protected or susceptible of legal protection and whether or not any attempt has been made to secure such protection, which was made, conceived or reduced to practice at any time during the course of Intern's Internship with the Employer (whether prior to or after the execution of this letter agreement) by Intern, in whole or in part at the expense of, on the premises of, with the assistance of the Interns or Interns of, or with the equipment or supplies of, the Employer or any of its affiliates, and any and all other confidential information belonging to the Employer. If Intern is the author of any work, or a subject matter other than work, that was created or was being created in the course of the Intern's Internship, the Employer may use it in any manner. Intern consent to this use whether or not it would, but for this clause, infringe Intern's moral rights. The Intern explicitly waives all moral rights in the Developments.
f. For the purposes of this clause, the Intern agrees promptly to take all action and sign and deliver all instruments as the Employer may require at any time hereafter. During and after the term of the Intern's Internship by the Employer, the Intern shall and undertakes to assist the Employer, at the Employer's expense, in every proper way to (i) secure and maintain the Employer's rights hereunder and to carry out the intent of this Agreement and for vesting the Employer with the full title of Developments and all rights, titles and interest including intellectual property rights therein and to enable the Employer, its successors, assigns and nominees, to secure and enjoy the full and exclusive benefits and advantages thereof.; (ii) to apply and prosecute registration applications in respect of intellectual property rights and the Developments for the Employer's benefit, in any and all countries; (iii) sign, execute and affirm all documents, including, without limitation, all applications, forms, instruments of assignment and supporting documentation and perform all other acts as may be required for the abovementioned purposes.
g. Intern hereby constitute and appoints the Employer, its successors, and assigns, Intern's true and lawful attorney, with the full power of substitution for Intern, and in Intern's name, place and stead or otherwise, but on behalf of and for the benefit of the Employer, its successors, and assigns, to take all actions and execute all documents on behalf of Intern necessary to affect the assignment set forth hereinabove.
h. Should the Employer be unable to secure the signature on any document necessary to apply for, prosecute, obtain, protect or enforce any IPRs, due to any cause, the Intern hereby irrevocably designates and appoints the Employer and each of its duly authorized officers and agents as the Intern's agent and attorneys to do all lawfully permitted acts to further the prosecution, issuance, and enforcement of IPRs or protection in respect of the Developments, with the same force and effect as if executed and delivered by the Intern.
i. The Intern represents and warrants that he will not use or integrate with the Developments any third-party materials or data that are not validly licensed to the Employer unless previously authorized by the Intern's reporting officer in the Employer. The Intern represents and warrants that the Intern has not violated the Intellectual Property Rights of any third party, and covenants that he/she shall not violate the Intellectual Property Rights of any third party in the course of his/her Internship with Employer. Provided that in the event the Employer is held liable for the Intern's violation of any Intellectual Property Rights, the Intern undertakes to indemnify the Employer or affiliates as the case may be against any and all losses, liabilities, claims, actions, costs and expenses, including reasonable attorney's Stipends and court Stipends resulting therefrom.
j. If in the course of the Intern's Internship with the Employer, the Intern incorporates Intellectual Property into the Employer's product, process or machine, the Employer is hereby granted and shall have a nonexclusive, royalty-free, irrevocable, perpetual, worldwide license (with rights to sublicense through multiple tiers of sub-licensees) to make, have made, modify, use and sell such Intellectual Property.
k. The Intern shall not during and after the term of the Intern's Internship with the Employer, in any way violate the Intellectual Property Rights of the Employer. Provided that in the event the Employer is held liable for the Intern's violation of any Intellectual Property Rights, the Intern undertakes to indemnify the Employer or affiliates as the case may be against any and all losses, liabilities, claims, actions, costs, and expenses, including reasonable attorney's Stipends and court Stipends resulting therefrom. The Intern further covenants that he/she shall ensure that all information and records pertaining to any idea, process, trademark, service mark, invention, technology, computer program, original work of authorship, design, formula, discovery, patent, or copyright of the Employer that the Intern comes across during the term of his Internship with the Employer, are duly protected. The Intern agrees that all originals and all copies of any and all material containing, representing, evidencing, recording, or constituting all or part of the Intellectual Property belonging to any Employer of the Employer, however, and whenever produced (whether by Intern or others) and whether or not protected under copyright law or patentable or protected under other intellectual property law, shall be immediately along with any copies thereof returned to the Employer upon the termination of Intern's Internship for any reason.
18. REPRESENTATION AND WARRANTY
a. Both Parties represent that they are fully authorized to enter into this Agreement.
b. The performance and obligations of either Party will not violate or infringe upon the rights of any third party.
c. The Intern represents that he/she is duly authorized to work as an Intern.
19. INDEMNITY
The Parties each agree to indemnify and hold harmless the other Party against any claims, losses, damages, liabilities, penalties, expenses, and costs of any kind or amount which result from the negligence or breach of this Agreement by the indemnifying party.
20. LIMITATION OF LIABILITY
Under no circumstances shall either Party be liable to the other Party or any third party for any damages resulting from any part of this Agreement.
21. DISPUTE RESOLUTION
a. Both parties do hereby agree that any dispute arising out of or in relation to this agreement shall be settled in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and/or any statutory modification or re-enactment thereof for the time being in force. The parties shall mutually appoint the single Arbitrator. Each party shall pay their own costs and Stipends of the arbitration and the cost of the arbitrator shall be borne equally. The seat or place of the arbitration shall be as follows: Andaman and Nicobar Islands.
b.The Agreement shall be governed in accordance with the laws of India and the courts of Andaman and Nicobar Islands will have the exclusive jurisdiction.
22. SEVERABILITY
If any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of this Agreement. The remaining Agreement shall continue in full force as valid and enforceable.
23. EXCLUSIVITY
The Intern shall not, during the period of the Internship, engage directly or indirectly or in any capacity in any other organization. In the event of a breach of this condition, the Internship is liable to be terminated immediately without prior notice.
24. MISCELLANEOUS
a. No collective agreements (which are otherwise applicable to workmen under the Industrial Disputes Act, 1947) apply to Intern's Internship.
b. This contract sets out the entire agreement and understanding between the Parties in connection with the Internship and supersedes any previous contract or agreement between Intern and the Employer.
c. The Employer may hold and process, whether electronically or manually, the data it collects in relation to the Intern in the course of the Internship for the purposes of the Employer's management and administration of its business and of other Interns and for compliance with applicable procedures, laws and regulations and Intern hereby consent for the same. The Employer or its agents may transfer, store, and process such data whether in India or any other place for the above purposes.
d. If at any time any term or provision in this contract shall be held to be illegal, invalid or unenforceable, in whole or in part, under any rule of law or enactment, such term or provision or part shall to that extent be deemed not to form part of this contract, but the enforceability of the remainder of this contract shall not be affected.
e. The Intern agrees, recognizes and acknowledges that:
I. he/she has been provided with a copy of this Agreement for review prior to signing it, that he/she has reviewed it and that he/she understands the terms, purposes and effects of this Agreement, and that he/she has signed the same only after having had the opportunity to seek clarifications; that he/she has been given a signed copy of this Agreement for his/her own records; he/she has not been subjected to duress or undue influence of any kind to execute this Agreement and this Agreement will not impose an undue hardship upon him/her. He/she has executed this Agreement of his/her own free will and without relying upon any statements made by the Employer or any of its representatives, agents or Interns. This Agreement is in all respects reasonable and necessary to protect the legitimate business interests of the Employer;
II. if he/she violates any of the terms of this Agreement, the Employer will suffer irreparable injury and damages the amount of which cannot be adequately measured in monetary terms and an adequate remedy at law will not exist;
III. In view of the above, the Employer shall be entitled to injunctive relief, in addition to any other remedy available to law or in equity, in the event he/she violates any of the terms or conditions of this Agreement.
25. COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on ________
________ (Employer)
Name of authorized representative:
Designation: ________
Date: _____________________________
__________________________________
Signature
________ (Intern)
Date:______________________________
__________________________________
Signature
WITNESS-1
Name: _____________________________
Address: ___________________________
___________________________________
___________________________________
Signature
WITNESS-2
Name: _____________________________
Address: ___________________________
___________________________________
___________________________________
Signature
The undersigned, being a duly appointed Notary Public, located at ________ on this date, the above-named, appeared before me and properly identified to me and did sign the forgoing.
IN TESTIMONY WHEREOF I subscribe my name and affix my seal notarial on this ___ day of ________ 20___
_______________________
Signature
Notary Public
Address:
Answer the question, then click on "Next".
The document is written according to your responses - clauses are added or removed, paragraphs are customised, words are changed, etc.
At the end, you will immediately receive the document in Word and PDF formats. You can then open the Word document to modify it and reuse it however you wish.
