Bhoomika MSO LCO
Bhoomika MSO LCO
Bhoomika MSO LCO
AND
M/sBhoomika Digital cable services Pvt ltd (hereinafter referred to as “Bhoomika” a company
incorporated under the Companies Act 1956, or Proprietary firm/ Partnership firm having its
Registered Office at Thekkumthala Building, Azad RoadKaloor, Kochi-
682017,Eranakulam,represented by …………………………………….
Whereas BSNL is in the business of providing Basic Telephony Services, Cellular Mobile
Telephony Services (CMTS), Internet &Broadband Services and National Long Distance
Services (NLDS) etc. in its licensed areas of operation in the geographical territory of India
(except Mumbai & New Delhi).
AND
Here Telecom Infrastructure Providers ( TIP ) Means “ A company incorporated under the
company Act 1956, orProprietorship/ Partnership firms having an objective of providing the
Telecom Services including existing Cable Operators, Firms working for OFC laying,
Broadband Provisioning & Maintenance and other firms working in Telecom field etc.
AND
WHEREAS M/s Bhoomika,, the Telecom Infrastructure Provider (TIP) in the intention that the
residents of the “……………….. BA” shall utilize the offer of BSNL GMTD/PGMTD based on
the terms and conditions contained herein under.
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NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. In consideration of the due observance and performance of all the terms & conditions of this
agreement, the BSNL and M/s Bhoomika agree to sign this agreement on nonexclusive and
revenue sharing basis to provide the BSNL telecom services.
2. M/s Bhoomika agrees that the infrastructure provided by BSNL PGMTD/GMTD will be
utilized for exclusively for BSNL services only.
3. M/s Bhoomika shall ensure the execution of services as per this agreement and continuance of
the same by the future association / any other outside agency who may continue to maintain
the telecom and other services in the residential complex / commercial complex for the entire
agreement period.
a. BSNL shall extend the Bandwidth connectivity up to OLTs free of cost, subject to techno
commercial viability.
b. To provide the maintenance support OFC laid by BSNL for OLT connectivity.
a. M/s Bhoomika shall be responsible supply, deploy, own, Operate & Maintain the OLTs,
ONTs and all the telecom network infrastructure beyond OLTs up to customer premises
at ............................................BA
b. To build / extend the OFC network inside the residential / commercial complex and
interconnection of building through OFC within premises.
c. To do the wiring of cable inside the building up to inside the flat / shop and laying of
connecting cable network in whole premises / complex connecting various buildings /
towers from the BSNL telecom Network point (BSNL control room).
d. To provide interconnectivity at the Network operation center (NOC) buildup by M/s
Bhoomika Telecom infrastructure provider.
e. To provide the maintenance support to OFC laid / build by M/s Bhoomika.
f. To provide the maintenance support to telecom equipment supplied / installed by the M/s
Bhoomika.
g. To provide the maintenance support for space/room given on rent/free of cost for setting
up of control room inside the residential /Commercial complexes /gated community as long
as BSNL service exists .
h. M/s Bhoomikashall be responsible for supply, deploy, own, operate and maintain the
OLTs, ONTs.
i. Space, power and air-conditioning shall also be arranged by M/s Bhoomika for installation
of OLTs.
j. The compatible ONTs shall be supplied by M/s Bhoomika to the customer’s directly either
outright purchase or rental basis (As per the rate &revenue share fixed by Corporate Office
from time to time) as per customer choice.
k. Any further post sale obligation in respect of OLTs & ONTs shall rest with M/s Bhoomika
and not with BSNL
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l. M/s Bhoomika shall follow all the guidelines/rules and regulations of Government of
India/DOT including TRAI.
m. M/s Bhoomika shall ensure that voice/combo plans of BSNL are extended to customers
from OLTEs installed by M/s Bhoomika
5. There shall be no other payment other than the revenue share to be paid to M/s Bhoomika . All
cost incurred on account of point no 4, is part of revenue shareagreement/obligation and shall
not be charged extra from BSNL by M/s BhoomikaInfrastructure Provider.
7.4 The payment of revenue share to the Builder / RWA / Telecom Infrastructure Provider
will be made after the submission of invoices and relevant data needed for arriving at
the net amount and reconciliation of all types of payment modes by the BA nodal
officer.
7.5 The payment of revenue share shall be made to M/s. Bhoomika after the deduction of
applicable statutory levies which includes license fees payable by BSNL and / or taxes
applicable from time to time, from the revenues accrued on account of provision of
telecom services under the agreement. All such taxes / levies shall be a pass-through
item and shall be billed to and collected from the customers and paid to the respective
statutory bodies by BSNL, except such cases where liabilities arise on account of claims
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raised by concerned authorities in a post-facto manner, wherein such liability shall be
shared in the same ratio as the revenue share for the respective services.
7.6 Any discrepancy found would be mutually discussed and resolved. Balance of payments
arising due to any reason shall be adjusted in future payments by BSNL.
8. Revenue Share :
Revenue sharing arrangement shall be as given below:
9.1 Except Sl. No 1 & 4 of SLA, other penalties may be calculated monthly and recovered from
the subsequent invoices. Sl. No1& 4 may be calculated and imposed if any, on Qtrly/yearly
basis respectively..
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stabilize the network. Target will be fixed yearly by the BAs and quarterly performance will
be reviewed by BAs.
11.1All commercial works (CAF etc) shall be undertaken by BSNL and all customers shall be
BSNL customers.
11.2BSNL /TIP/ LCO as authorized by BA head shall collect dues payable to it by the individual
residents / commercial complex occupants /subscribers / residents as per the mode of
collection/guidelines as specified by BSNL Corporate Office. “Builder / RWA / Telecom
Infrastructure Provider (TIP)” shall not in any way be liable or responsible for the nonpayment
or delayed payment of the dues to BSNL PGMTD/GMTD by the individual subscribers. Any
charges are to be borne by the individual customers and “Builder / RWA / Telecom
Infrastructure Provider ( TIP) ” is not liable
12.4 Period of agreement: This agreement shall be valid for the period of 10 years from the date
of signing and is renewable thereafter on similar / mutually agreed terms and conditions.
12.5 Termination of the agreement: This agreement may be terminated only by the mutually,
written consent of the parties giving 90 days’ notice. That BSNL, without prejudice to its
other rights at law or in equity, may terminate this agreement after advance Notice of 30
days to the M/s Bhoomika, if M/s Bhoomika defaults in fulfillment of their service
obligations and has failed to remedy such default within thirty (30) days of receipt of written
notice from BSNL or in the event of any evidence of the potential or imminent insolvency
or bankruptcy of M/s Bhoomika.
12.6 Severability:TRAI / DoT declare any part of this agreement unenforceable through direction
/ order / regulation or if terms of license of BSNL are changed through any amendment or
order of the Government, the parties will cooperate and take all appropriate steps to amend,
modify or alter this agreement.
12.7 This agreement shall be binding upon all respective successors of the parties.
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13. Compliance of Laws:
BSNL and M/s Bhoomika shall perform their duties in strict compliance with all applicable
laws in India along with rules and regulations of the duty constituted Govt. authorities in
India and shall obtain all licenses, restrictions or other approval, if any, required by laws in
India in connection with the services to be rendered hereunder.
Further, service provided to the customers shall be subject to Indian Telegraph Act 1885,
TRAI directions and tariff circulars issued by BSNL Corporate Office.
14. Indemnification:
M/s Bhoomika agrees to protect, defend, indemnify and hold harmless BSNL and its
employees, officers, directors, agents or representatives room and against any and all
liabilities, damages, fines, penalties and costs (including legal costs and disbursements)
arising from or relating to:
(a) Any breach of any statue, regulation, direction, orders or standards from any
governmental body, agency, telecommunications operator or regulator applicable to
such party; “or”
(b)Any breach of the terms and conditions in this agreement M/s Bhoomika;
15. Relationship:
Each party understands that it is an independently owned business entity and this agreement
does not make it, its employees, associates or agents as employees, agents or legal
representatives of the other party for any purpose whatsoever. Neither party has express or
implied right or authority to assume or to undertake any obligation in respect of or on behalf
of or in the name of the other party or to bind the other party in any manner. In case, any party
, its employees, associates or agents hold out as employees, agents, or legal representatives of
the other party, the former party shall forthwith upon demand make good any / all loss, cost,
damage including consequential loss, suffered by the other party on this account.
16. ARBITRATION
The parties shall attempt to resolve through good faith and consultation in their behalf, disputes
arising in connection with this agreement, and such consultation shall begin promptly after a
Party has delivered to another Party a written request for such consultation.
Without prejudice to the provisions hereof, in the event of any dispute, difference, conflict or
question arising between the parties hereto relating to or concerning or arising out of this
agreement, the same shall be referred to arbitration, which shall be held in Trivandrum. The
arbitration proceedings shall be in accordance with the provision of the arbitration and
Conciliation Act 1996 and any other statutory amendments or modifications thereof. The
decision of arbitrator shall be final and binding on both parties. Arbitrator shall be appointed
by CGMT,BSNL Kerala.
In the event of a Force Majeure, the affected party will be excused from performance during
the existence of the Force Majeure. When a Force Majeure occurs, the affected party after
notifying the other party will attempt to mitigate the effect of the Force Majeure as much
as possible. If such delaying cause shall continue for more than sixty (60) days from the
date of the notice stated above, the party injured by the inability of the other to perform
shall have the right, upon written notice of thirty (30) days to the other party, to terminate
this Agreement. Neither party shall be liable for any breach, claims, and damages against
the other, in respect of non-performance or delay in performance as a result of Force
Majeure leading to such termination.
IN WITNESS WHEREOF the Parties here so have caused this agreement to be duly executed on
the date above written.
Witness -----
Witness -----