DECLARATION AND UNDERTAKING
To,
RailTel Corporation of India Limited (RailTel),
_____________________________
We,_____________ (Name of the Entity), having registered office/ presently working from __________________(address of the Entity), being represented by Shri _______(name of the person), authorised representative and __________ (name of the post held in the entity), having been empanelled by RailTel as a Program Manager for “RailWire Sathi-A Digital Entrepreneur Program” (hereinafter referred to as “the Program Manager” which expression shall, unless it be repugnant to the subject or context thereof, include its successors and assignees) do hereby solemnly declare and undertake as follows:
A. That we are well aware and acknowledge that RailTel is the owner and in possession of the following assets/equipments:
1. RailWire Saathi Kiosk. (installed at identified Railway Stations)
2. Fan (installed in each kiosk)
3. Table & Chair (provided in each kiosk)
4. Tablet (1 per kiosk)
5. Printer (1 per kiosk)
and RailTel has agreed to provide above mentioned said assets/equipments , to the Program Manager for limited use and to facilitate the objectives of RailWire Sathi Program and the Program Manager has agreed to take full responsibility of the aforesaid properties and will return the same to RailTel after completion of the term of empanelment (if not extended).
B. That, the Project Manager is exclusively empanelled by RailTel to provide manpower support for the RailWire Saathi project of RailTel and monitoring of the same.
C. That, on pretext of this empanelment, no permanent or temporary jobs can be offered to RailWire Saathis in Indian Railways or RailTel Corporation of India Limited, as this is an entrepreneurship programme and they will be facilitated to earn through commission on the services that they will provide.
D. That we undertake that the Program Manager or RailWire Saathi have no authority to rent out the kiosk or any other aforementioned assets/ equipments or offer franchisee on the name of RailWire Saathi or any other such acts wherein the kiosk is used for any other purpose other than agreed terms. If any such case of disregard is identified, immediate action will be taken by RailTel against Program Manager and the empanelment may also be terminated along with necessary legal actions that needs to be taken by RailTel.
E. That we are aware that aforementioned assets/ equipments will be handed over by RailTel to Program Managers and we will further distribute these assets/ equipments to RailWire Saathis identified at each station which are allotted to them upon necessary agreement (in terms of aforesaid assets/ equipments ) with the selected Saathis. We understand and acknowledge that after the completion of duration of agreement and non-extension of agreement by RailTel with Program Manager, these assets/ equipments will be returned and submitted to RailTel Officials in working condition irrespective of the fact that the agreement with Selected Saathis is still operational.
F. That the Program Manager understand that the assets/ equipments handed over is property of RailTel and in case of breach of the terms of this undertaking, RailTel reserve its right to terminate the empanelment at its sole discretion and demand back peaceful handover of the assets/ equipments anytime without giving any notice to the Project Manager/Railwire Sathi.
G. That the Program Manager will be responsible in case of damage/loss/mis-use/theft and other such conditions wherein the tablets and printers are undiscoverable. In such case Program Manager understands that the necessary penalty may be charged by RailTel. So, necessary agreements may be done by Program Managers with RailWire Saathis before handing over the IT hardware (tablets and printers) to RailWire Saathis.
H. That the cost of consumables like cartridges and papers will be borne by the respective RailWire Saathis deployed at the stations. The printer should always be equipped with cartridge and papers so that it is in usable condition and receipts can be printed for customers. The program Manager shall monitor that the printer is in the active and usable condition always.
I. That the Program Manager undertakes that Program Manager will work with RailTel in view of making this project successful and empower rural parts of the country and help local communities go digital. For this, Program Manager will do proper monitoring of RailWire Saathis on periodic basis.
J. That the Program Manager undertake that mis-use of kiosk on terms of providing other services other than committed services in RailWire Saathi project shall be considered as a breach on part of Program Manager and RailTel may take necessary action against Program Manager in such case.
K. That the Program Manager understands that the free Wi-Fi facility available on railway station will be used only for providing services of RailWire Saathi application and not like movie download, songs download or any such unauthorised acts of disregard.
L. That the Printers provided will only be used for printing of receipts through RailWire Saathi application and not be used for other unauthorised services like print, photocopies which will lead to any financial transactions. If found indulged in such acts, it may lead to removal from this program.
M. That Selling of objects/products is completely prohibited in RailWire Saathi kiosk on Railway premises and if found indulged in such acts, it may lead to removal from this program and necessary actions against Program Manager will also be taken by RailTel.
N. That In case Program Manager loses interest in this Program, Program Manager will hand-over all properties back to RailTel officials in working conditions.
O. That the Program Manager will give full efforts for this program’s success and will provide all deliverables with wholehearted dedication.
P. That the Program Manager understands and acknowledges that the assets/ equipments will be handed over by RailTel only to facilitate the objectives of RailWire Sathi Program. In case any unauthorised activity or illegal activity is carried out in the Kiosk or by way of using the assets/ equipments by Project manager or by Railwire Saathi or by any other person, the Project Manager shall assume full responsibility for the same and shall indemnify and hold harmless to RailTel, its affiliates and its respective officers, employees and agents from and against any and all liabilities and losses incurred or suffered by any of them as a result of any such unauthorised activity or illegal activity. This shall be without prejudice to the rights of RailTel to terminate the empanelment of Project Manager.
AND make the aforesaid declaration for and on behalf of the Project Manager knowing fully well that on the faith thereof, RailTel has agreed to handover the assets/ equipments as aforesaid.
Solemnly affirmed at _____________________
by Program Manager
on this ___________day of ____________
BEFORE ME (Notary Public)