- Business
- Under Sales Head
- Under Delivery Head
i.
Absence of PBG/BG/ any Security in Vendor or
subcontracting agreement
ii.
OR in absence of back to back penalties or appropriate
assurances / security/penalties to cover the exposures taken in the Client
Agreement
iii.
Request
for issuing Power of attorney/letter of authority for signing
documents/contract
- Under Both Delivery and Sales Head
i.
Performance
guarantee or Bank Guarantee of any value
ii.
AMC
amount Less than 18% of the market price/base price. (price without discount)
iii.
AMC
at pre-determined price for more than two years
iv.
Strategic
Partnership Agreement with Capex or Revex
v.
Bid
for projects with revenue projections of
less than Rs. 20 crores or USD 5 million
vi.
Bid
for projects involving EMD, BG of 10 Lakhs
vii.
To
bid any RFP or enter into contract with any client, principal approval required
- Office ADMIN
- HR
- Legal
- LOL
- Penalty / Liquidated Damages
- Non-Solicitation only in resource deployment type of contract
- Non-compete Clause or any other kind of business restrictive clause.
- Confidentiality or Non-disclosure Commitment for more than 2 years
- Jurisdiction– other than our local jurisdiction of 3i Infotech Offices
- Governing Law - other than our local laws of place of business. We can limit it to English Laws, Indian Laws or Local Laws
- Alternate
Dispute Resolution. (ADR) or Arbitration
– Local Contracts then Local Arbitration Law and Rules and International
contracts then English Laws with UNCITRAL Rules; Place of Arbitration –
- Termination for convenience or for any reason to the Client– Cost of Termination is mandatory for agreement involving Capex or REVEX or Resource deployment
- Termination of Contracts Valuing over and above 1 Crore or involving CAPEX/REVEX over and above 1 Crore
- IP Rights to client in Proprietary Software / Software Development, jointly or severally, by Parties / or of any third party IP Rights have to be back to back and such rights should not prejudice our interest to do the same or similar development; the client shall directly or indirectly not compete with 3i Infotech group companies; client should use it for internal and non-commercial purpose only.
- Source Code through escrow arrangement as per our standard escrow agreement
- Assignment right of clients to their affiliates or any person
- Client to borne the Taxes, Duties, Levies, etc
- Tax Implications should be either as per the Corporate CFO guidelines or subject to approval of Corporate CFO
- Insurance,
other than the 2 insurance policies available with us i.e. CGL limit is
INR 200,000,000 (Insurer: TATA AIG General Insurance Company Limited) and
E&O limit is INR 512,050,000 (Insurer: ICICI Lombard General
Insurance Company Limited)
- Risk Purchase
- Set-off of payment with any outstanding
- Free upgrades or New releases, new versions commitments
- Under an AMC Contract, agreeing for Upgrade of version or Customization or Implementation activity or data correction activity or any Business Process Study activity or any activity which requires extra man resource besides the normal maintenance activity without appropriate charges or non-T&M basis contracts.
- Power of attorney for coordinating with regulatory body/government officials for business purpose.
- Power of attorney for legal representation in court/regulatory matters for non-business maters.
- Use of Open Source
- Bid for projects with revenue projections of more than Rs. 20 crores or USD 5 million
- Bid for projects involving EMD, BG over and above 10 Lakhs
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