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Agreement Between (Embassy of India, Kuwait) and [Name of Contractor] relating to Arrangements for visa services |
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THIS AGREEMENT IS MADE ON THE DAY OF 2008
BETWEEN
Embassy of India, Kuwait
And
(Name of Contractor) whose registered office is at:
RECITALS;
(a) The Embassy of India, Kuwait operates visa offices in (Name of the country) and requires visa support services to be provided by (Name of Contractor) Details of locations where (Name of contractor) is to provide the visa services are in Schedule 1. (b) The Embassy of India , Kuwait requires a range of visa services to be carried out by (Name of contractor) including client information dissemination, receiving of visa applications and other documentation, collection of the relevant Visa Application Charge (VAC) issuing of receipts, data capture, and passport and application tracking and distribution. (c) (Name of contractor) agrees to provide the services required by the Embassy of India, Kuwait on certain terms and conditions and in accordance with procedures agreed to by the Parties as detailed in Schedule 1. (d) The Parties wish to formally record their agreement hereby as follows:-
IT IS AGREED;
1. PROVISION OF SERVICES
1.1. (Name of contractor) agrees to provide visa support services (the Services) in respect of visa applications, supporting documentation and passports of persons in (NAME OF THE COUNTRY) seeking to apply for visas to enter India as listed in Schedule 2; in particular the following services shall be provided.
The Service Provider shall be responsible for ensuring that wherever an application is made the Service Provider can undertake all of the following functions for the Embassy/Consulates: i) Distribute Visa Application Forms. The Service Provider will arrange to print Visa Application Forms at his own cost in the format prescribed by the Embassy/Consulates from time to time. ii) Assist applicants in completion of forms and provide factual information on the various categories of visa available and the application process. iii) Accept visa applications, including those received by post, together with passport, visa fee, Service Provider’s service fee (equal to the Contract Price) and supporting documents from applicants and agents approved by the Embassy/Consulates Accept additional documents requested by the Embassy/Consulates from existing applicants. Fee will be accepted in all manners of payment generally used in the United Kingdom, including credit cards and debit cards. However, any bank/agency charges levied on such transactions will be borne by the applicants. iv). Accept such fees and pay the fees due to the Embassy/Consulates i.e. fees excluding the Service provider’s service fee, in Embassy/Consulates’ bank account on the day of receipt. Clear and transparent audit trails of fees taken will be supplied at the time the relevant applications are submitted, in a format to be agreed between the Embassy/Consulates and Service Provider. Provide reconciliation of fees remitted daily and at any other intervals decided by the Embassy/Consulates from time to time. The Service provider shall provide a Bank Guarantee for the government funds held by it temporarily. v) Provide a bar-coded receipt to each applicant showing the service fee paid to the Service provider, the visa fee or any other fee, the category of visa applied for and the date of payment. A copy of the bar coded receipt is to be enclosed with the application. vi). Electronic data entry of visa applications in a format prescribed by the Embassy/Consulates and transfer this data physically to the Embassy and the Consulates twice each working day (the timings and manner of which will be determined by the Embassy/Consulates). vii) On receipt of applications, scrutinize the various documents and forms to ensure they are properly completed and ensure that each visa application form has clear audit information on it to allow easy identification of the fee paid, type of visa required and date of payment. Application documents along with passports to be forwarded to the Indian Embassy, Kuwait as the case may be, securely and in a timely manner twice each working day (the timings and manner of which will be determined by the Embassy/Consulates). viii) Collect from the Embassy/Consulates processed applications and passports, twice each working day. ix) Return passports and visas to successful applicants in a timely and orderly fashion and provide those, who are required to go to the Embassy or the Consulates for interview, with the date & time of interview in consultation with the Embassy/Consulates. x) Delivery of applications and collection of passports will be done twice each working day (the timings and number of which will be determined by the Embassy/Consulates). Handing / Taking over of applications and passports will take place at the premises of the Embassy and the two Consulates. xi) Publish and distribute an official leaflet explaining clearly how to apply for an Indian visa, complete with relevant guidance. xii) Maintain proper records of every application received, cross-referenced to individual fees taken on databases and systems, and in accordance with practices to be prescribed by the Embassy/ Consulates. xiii) Maintain proper accounts of all the visa fees received by individual subhead. xiv) Have in place an efficient system for scheduling appointments for applicants requiring an interview. xv) Have an efficient system for returning passports (with associated documents) in a timely and orderly fashion to the applicants. xvi) Have in place a reliable quality control system that maintains continuous surveillance on service standards. xvii) Put in place a viable and effective security and vigilance system. xviii) Operate an e-mail, tele-enquiry facility and electronic display in order that applicants can track the progress of their applications. xix) Put in place a system where telephone enquiries are to be answered promptly and email and postal letters are to be replied to within 2 working days of receipt. xx) Issue news releases as and when required by the Embassy/Consulates. xxi) Carry out any other related activities as instructed by the Embassy/Consulates. xxii) Have in place an adequate contingency plan, prior to operation of the agreement, to maintain an acceptable level of service if the operation of any/all Visa Application Centres is interrupted for any reason.
Facilities
The Service Provider shall be required to have the following facilities at each Visa Application Centre: (a) Effective systems and processes to recruit and train staff who can explain clearly and accurately the visa application process and the details of which documents must be submitted with the application. (b) An IT system which will allow the entire Service Providers’s visa service network access to any centrally based appointment system. (c) The ability to computerise operations related to data capture and scanning of applications and photographs on behalf of the Embassy. (d) The ability to computerise operations related to the accounting of fee collection. (e) The ability to computerise operations related to the tracking of passport movement from receipt to delivery. (f) A security system for the presence of applicants and safe custody of documentation collected, including information held on IT systems. (g) An effective quality control system. (h) The Service Provider will maintain records and statistics in the format required by the Embassy/Consulates. (i) The Service Provider will be allowed to charge service fee, equal to the Contract Price, from all individuals who make a visa application. This fee will be collected by the Service provider from applicants at the time of receiving the application and visa fees. Documents relating to collection of the service fee (receipt books etc.) will be properly maintained and made available for inspection by the designated officer of the Embassy/Consulates or any audit team) (j) The Service provider may secure additional sources of revenue through advertising subject to the agreement of the Embassy/Consulates and subject to the terms and conditions of Local law if there is no conflict of interest. The decision of the Embassy/Consulates will be final in this case. (k) The service provider will ensure that turn around time for visa applicants applying for visas will not be more than 30 minutes. Machine generated tickets should be given to visa applicants which will indicate date and time of entry and of exit from the collection centre. (l) The Service provider can also introduce value-added services for the benefit of visa applicants and offer these services for a charge if there is no conflict of interest. Introduction of these value-added services is subject to the prior written approval of the Embassy/Consulates and subject to the terms of British law. (m) The Service provider shall not receive any payments from the Embassy/Consulates for setting up these offices, nor for providing services for visa applicants. The Embassy/Consulates shall entertain no claim for expenses or liability for loss of passports or documents. The Service provider shall indemnify the Embassy/Consulates in the event of any claim made by any applicant and it shall be the Service provider's responsibility to compensate applicants if such losses occur. (n) The Service Provider will establish and operate a website on behalf of the Embassy/Consulates, which will contain all information relevant and useful to visa applicants. All information posted on the website will be agreed in advance with the Embassy/Consulates. (o) The Service Provider shall ensure complete confidentiality of the information provided by visa seekers and will further ensure that it is used for no purpose other than processing of visa. The service provider shall indemnify the Embassy/Consulates in the event of any leakage of such information and a consequential claim made by visa applicant/applicants.
2. FEES
2.1 Accept relevant fees from applicants and pay the fees due to the Embassy/Consulates i.e., fees excluding the Service Provider’s Fee, in Embassy/Consulates’ bank account on the day of receipt. 2.2 No fees will be payable to (Name of contractor) by the , Kuwait, however, (name of contractor) may charge clients a collection fee in relation to the performance of the Services at the rate prescribed in Schedule1.
3 CONTRACT MATERIAL
3.1 , Kuwait Material All material provided by the (Name of the Mission to[ name of contractor] for the purposes of providing the Services ( “Name of the Mission”) remains the property of the , Kuwait and must be returned to the , Kuwait on Expiration or earlier termination of this Deed. The , Kuwait grants [name of contractor] a license to use, reproduce and adapt , Kuwait only for the purposes of this Deed and in accordance with any conditions or restrictions notified by the , Kuwait in writing from time to time. In this clause, , Kuwait material includes but is not limited to:
· Application forms · (insert description of any other material)
3.2 Contract Material
Ownership of all material created in performance of the Services under or otherwise in accordance with this Deed (Contract Material) vests immediately in the , Kuwait on its creation. (Name of contractor) will ensure that the Contract Material is used, copied supplied or reproduced only for the purposes of this Deed. In this clause, Contract Material includes but is not limited to: · The Indian Visa web-page on the (name of Contractor) website · Information flyers for Indian Visa Applicants · (insert description of any other material) (Mission to indicate details)
4. RESPONSIBILITY AND INDEMNITY
4.1 (Name of contractor) will be fully responsible for performance of the Services and for all documentation and Visa Application Charges received including the safe keeping of such documentation of visa application charge from the point of collection until it is delivered to the appropriate visa office or deposited in the Embassy/Consulates’ designated bank account in accordance with the Schedule and while it is in transit back to the applicant or their authorized representative/agent.
4.2 (Name of Contractor) indemnifies , Kuwait from and against any liability incurred by , Kuwait and loss/damage to the property of , Kuwait arising from any unlawful, negligent or willful act or omission by (Name of contractor) its officers, employees agents or subcontractors in connection with this agreement. However, (name of contractor) liability to indemnify, Kuwait will be reduced proportionately to the extent that any negligent act or omission of , Kuwait, its officers, employees, agents or sub contractors contributed to the relevant liability loss or damage.
5. ACCESS TO PREMISES
5.1 {Name of contractor will allow) (a) the , Kuwait Visa Office (b) other persons authorised by the , Kuwait Visa Office and (c) the Indian Audit Office (d) to access (name of contractor’s ) premises at all reasonable times and to inspect and copy all relevant documentation and records, however stored in(name of contractor) possession or control for purposed associated with the Deed or any review of performances under the Deed. 5.2 The rights referred to in sub-clause 5.1 are subject to: (a) the provision of reasonable prior notice to (name of contractor) (b) compliance with (name of contractor’s )reasonable security procedures (c) (Name of contractor) will ensure that any subcontract entered into for the purpose of this Deed contains an equivalent clause granting the rights specified in this clause 5. (d) Sub clauses 5.1 and 5.2 apply for the term of the Deed and for a period of five years from the date of expiration or termination of the Deed.
6. INSURANCE 6.1 (Name of contractor) will effect and maintain adequate insurance to cover all (name of contractor) Services obligations under this Agreement, including those obligations, which survive the expiration or termination of this agreement. 6.2 (Name of contractor) will provide proof of current insurance acceptable to the, Kuwait visa office. 6.3 (Name of contractor) will provide to, Kuwait a bank guarantee from the vendors’ equivalent to 125% of the maximum collection during a day in the previous one year. The amount of bank guarantee will be reviewed at the end of every year of the contract period.
7. PROTECTION OF PERSONAL INFORMATION
7.1 (Name of contractor) will deal with and handle all personal information as if the provisions of the Privacy Laws applicable both in India and the (Name of the country concerned) applied to it. In particular (Name of contractor) undertakes to:
(a) use, handle and deal with all personal information only for the purposes for which it is collected or otherwise comes into (Name of contractor) possession under this Agreement and (b) protect all personal information in its possession and will not disclose it without the consent in writing of the , Kuwait or unless required by law.
8. MISREPRESENTATION
8.1 (Name of contractor) will not represent itself and will ensure that its officers, employees, agents and subcontractors do not represent themselves, as being an officer, employees, partner or agent of the , Kuwait Visa Office. 8.2 (Name of contractor) will not by virtue of this Agreement be or for any purpose be deemed to be an officer, employee, partner or agent of the Government of India or as having any power or authority to bind or represent the Government of India. 8.3 All advertising signage and public information relating to the services provided by (Name of contractor) for the, Kuwait Visa Office requires the prior approval of the, Kuwait Visa Office.
9. ASSIGNMENT AND NOTATION
9.1 (Name of contractor) will not assign in whole or in part its rights or obligations under this Agreement without the prior written approval of the , Kuwait or as specified in Schedule 1. 9.2 (Name of contractor) will not consult with any other person or body for the purposes of entering into an arrangement which will require notation of the Agreement without first consulting the , Kuwait.
10. DISPUTE SETTLEMENT
Any dispute or difference regarding the interpretation of the provisions of this agreement shall be resolved amicably between the parties. If the dispute is not resolved through mutual consultations within a period of six months, either party may refer the dispute or difference to arbitration is accordance with the UNCITRAL Arbitration Rules. In such a situation the applicable substantive law will be the law of India.
11. TERMINATION
11.1 The , Kuwait may at any time terminate this Deed of Agreement by giving one month’s notice to (Name of contractor) Termination will have effect one month from the date of notification unless there is a statement to the contrary in the notice of termination.
12. VARIATION 12.1 No variation of this Agreement is binding unless it is agreed in writing between the Parties.
13. WHOLE AGREEMENT
13.1 This Deed constitutes the whole agreement between the Parties in relation to its subject matter.
14. TERM OF AGREEMENT
14.1 This Agreement commences on (date) and expires (date) unless terminated before that date in accordance with its terms. 14.2 The Government of India shall have an option to extend the operation of this Agreement for 1 year on such terms and conditions as are agreed to by the Parties by giving (Name of contractor) notice 4 weeks prior to the date on which it is due to expire. In witness whereof the parties to this agreement have set their hands and seal in this agreement on this day of .
SCHEDULE 1
1 [Name of contractor] Office Locations
1.1 [ Name of contractor ] will maintain offices in the following locations : ………… ………… (Mission to indicate location of centres)
The Service providers shall ensure that Visa Application Centres are situated in premises easily accessible to members of the public. The Centres shall have sufficient space in terms of waiting area, application counters and processing area. Each Centre will have appropriate facilities and conveniences for the applicants while endeavouring to minimize waiting time. These offices will be maintained unless an alternative agreement is reached between the parties. These offices will be opened to the public on [ Mission to indicate date ].
2 Operating Hours
2. 1 The Centres shall be open from 7:00 am to 7:00 pm (to be finalized by the Embassy) on all days, including weekends, except public holidays in (NAME OF THE COUNTRY). 2.2 Extended hours for peak periods will be by agreement.
3 Reporting Requirements
3.1 [Name of contractor] is to maintain records of the number of applications received, the number of passports handled, and the number of phone calls and e-mails received and answered. These reports are required on a weekly basis and should be provided to the, Kuwait Visa Office. 3.2 [Name of contractor] is required to report daily on the number of applications accepted by [Name of contractor] and the corresponding amount paid into the nominated, Kuwait Visa Office account. A Performa will be provided to [Name on the contractor] by the, Kuwait Visa Office on the information required daily when [Name of contractor] drops off visa application forms (See “Drop-off Requirements” below). 3.3 [Name of contractor] will report monthly, or as required by the, Kuwait Visa Office, on the location of visa application lodgements (which [Name of contractor] office applications were lodged in) and statistics on where passports were forwarded to in order to better understand where the demand for Indian visas is coming from.
4 Remuneration
4.1 The charges to clients shall not exceed the cost of the appropriate Visa Application Charge (VAC), plus a [Name of contractor] service fee for each passport not exceeding *** (exclusive of any applicable taxes) per passport. In case of a family visa and partner visas the [Name of contractor] service charges will not exceed *** (exclusive of any applicable taxes). The amount of the [Name of contractor ] service fee may be revised following negotiation and agreement between the , Kuwait Visa Office and [Name of contractor] 4.2 The Visa Application Charge must be paid into the designated Name of the Mission account in (NAME OF THE COUNTRY) Pounds/Euros. However, [Name of contractor] may accept a range of payment methods for the VAC from clients. 4.3 The Contractor accepts full responsibility for the Visa Application Charge from the time it is received from a Visa Applicant Unit it is deposited in the deposited in the designated Embassy account and bank deposit slip is received from the bank. 4.4 The Visa Office(s) will inform [Name of contractor promptly in case there is a change to the Visa Application Charge (VAC). Normally changes to VACs will occur on 1 January and 1 July. However, due to exchange rate fluctuations, the VAC any change at other times. The, Kuwait Visa Office will promptly provide the relevant details to [Name of contractor] in writing.
5 Drop-off/Pick up times 5.1 The visa application drop-off and pick-up times may vary depending on the operational needs of the, Kuwait Visa Office. However, there will be at least one combined drop-off/pick-up run per working day as agreed in advance by [Name of contractor] and the , Kuwait Visa Office.
6 Drop off requirements 6.1 The drop-off material must also contain a bank deposit slip clearly indicating the amount deposited into the Name of the Mission Visa Office account. Applications must be reconciled against the amount deposited. 6.2 A list of the applicants (full names), their passport numbers, the amount paid, whether the Visa Applicant requested an individual receipt from a bulk application and date the application was lodged must accompany all visa application drop-offs.
7 Receipts to Clients 7.1 [Name of contractor] must provide clients with a receipt at the time of the transaction clearly indicating separate amounts paid for the Visa Application Charge (VAC) and the [Name of contractor] service fee. 7.2 Subject to section 7.3, if more than [insert number] of visa applications are received together and the Visa Applicants are traveling together, the Contractor should issue a bulk receipt. 7.3 The Contractor may issue Visa Applicants traveling together individual receipts if they request it, however the Contractor will notify Name of the Mission of the request in the drop off material. 7.4 The Contractor must attach duplicate of the receipt to the visa application to be delivered to the Name of the Mission visa office. 7.5 The Contractor must provide to the Name of the Mission visa office a daily reconciliation of fees remitted against applications received. Reports must detail applications received by visa subclass, applicant’s name and visa application charge receive.
8 Name of the Mission Visa Web-page on [Name of contractor ] Website 8.1 [Name of contractor] will maintain a website, which will contain, but is not limited to the following information which has been developed in consultation with Name of the Mission. An outline of the procedures for clients to lodge and collect their passports and visa applications,
Current visa application charges and lodgement charges;
A link to the Name of the Mission website;
Addresses and contract details for [Name of contractor];
FAQs as provided and/or cleared by Name of the Mission;
A list of public holidays during which each of the [Name of contractor] offices will be closed for business (plus the public holiday lists provided by the Indian Embassy in, Kuwait);
Office opening hours;
A passport tracking system.
8.2 The [Name of contractor] website shall not include;
Any recommendations relating to Agents or parties involved in the preparation of visa applications;
Any information that would jeopardize the privacy of its clients;
Advertising that does not relate to the agreed services provided by [Name of contractor];
Any information relating to visas, or the Name of the Mission, without prior written approval of the, Kuwait Visa Office.
9 Indian Visa Telephone and E-mail Service 9.1 [Name of contractor ] is to provide a telephone and e-mail answering service for Indian Visa applicants by;
Establishing a separate hotline number;
Establishing a separate e-mail address;
Answering queries promptly (immediately or, if that is not possible, within 24 hours];
Notifying the Name of the Mission Visa Office if there are any concerns or queries which cannot be answered by [Name of contractor] staff and/or [Name of contactor] management.
10 Application Forms 10.1 [Name of contractor] will, upon request by the client, distribute application forms to clients. These may include forms printed from the immigration website, photocopied, or provided by the visa office. 10.2 The Name of the Mission Visa Office will inform [Name of contactor] in advance of any forms changes.
11 Training and Human Resources (hr) 11.1 [Name of contractor ] will train staff working directly on Indian visa processing and lodgement, including client service training, training in the operations of systems and functions that are specific to [Name of contractor]. 11.2 The Name of the Mission Visa Office will provide training to [Name of contractor]’s employees prior to the opening of the counter facilities. This training will include training on visa classes that [Name of contractor] will be receiving applications for, their role in the process, correct forms and fees, supporting documentation required, privacy requirements and how to assist clients and answer their queries. 11.3 Refresher training or training of new staff may be provided by the Name of the Mission Visa Office as required and as convenient to both parties. 11.4 [Name of contractor] will promptly notify the Name of the Mission Visa Office in case there is any fraud or if there are any allegations of fraud in relation to [Name of contractor] staff.
12 Quality Assurance 12.1 [Name pf contractor] will conduct quality assurance checks. The Name of the Mission Visa Office will also conduct quality assurance and audit checks of the [Name of contractor] office and processes. 13 Outsourcing 13.1 [Name of contractor] may outsource some of the services it provides to the Name of the Mission Visa Office. For example, [Name of contractor] may use a reputable courier, security guards, caterers, etc. however, [Name of contractor] will not outsource any of its services to the Name of the Mission Visa Office without prior consent of the Name of the Mission Visa Office.
14 Additional Services 14.1 Proposals to generate additional revenue from the visa collection centres through advertising, the provision of additional related services to clients or other mechanisms will be considered provided they do not involve a conflict of interest.
For example
The provision of travel agency services by [Name of contractor] or a related entity; or The advertising of businesses related to the business partner, Would not be acceptable.
However the provision of
Photocopying services; or Photograph services, Is likely to be acceptable.
The provision of all such services can be undertaken only with the agreement of the Name of the Mission Visa Office.
15 Advertising Name of contractor must not provide any advertising or promotional material to clients that is not related to the Services under this Agreement without the consent of the Name of the Mission Visa Office.
SCHEDIULE 2 List of visas for which [Name of contractor ] will provide visa services to the Name of the Mission Visa Office as described in this deed (listed in numeric order of visa subclass): (Mission to indicate categories of visa service).
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