Internship Agreement - Template, Sample Form Online Pro · IN-law

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Internship Agreement - Template, Sample Form Online
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INTERNSHIP AGREEMENT


This Internship Agreement ("Agreement") is made and executed on ________ (the "Effective Date"),

BY AND BETWEEN

________ (the "Employer"), a ________ incorporated/constituted under the laws of India, bearing Corporate Identity Number / Registration No. ________ and Permanent Account Number ________, having its principal office located at ________, ________, ________ - ________, India (which expression shall, unless repugnant to the context or meaning thereof, be deemed to include its successors-in-business, permitted assigns, executors and administrators), of the FIRST PART;

AND

________ (the "Intern"), son/daughter of ________, aged ________ years, holding Government Identification (________) bearing No. ________ and Permanent Account Number ________, residing/having correspondence address at ________, ________, ________ - ________, India (which expression shall, unless repugnant to the context or meaning thereof, be deemed to include his/her heirs, executors, administrators and permitted assigns), of the SECOND PART.

The Employer and the Intern are hereinafter individually referred to as a "Party" and collectively as the "Parties".

WHEREAS

A. The Employer is engaged in the business of: ________, and offers internship opportunities enabling interns to develop their professional interests.

B. The Intern is a student/recent graduate of the following university/institution: ________, and desires to gain practical knowledge and experience in the aforesaid field, and the Employer is willing to grant the Intern an internship opportunity, on the terms and conditions set out herein.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and intending to be legally bound, the Parties agree as follows:


\u00a7 1. DEFINITIONS AND INTERPRETATION

a. "Completion Certificate" means the certificate issued by the Employer to the Intern certifying the successful completion of the Internship.

b. "Letter of Recommendation" means a letter recommending the Intern to prospective employers, assessing the Intern's qualities, characteristics and capabilities demonstrated 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 continue.

d. "Stipend" means the fixed sum of money paid by the Employer to the Intern in consideration of the Intern availing of the internship and the services rendered.

e. "DPDP Act" means the Digital Personal Data Protection Act, 2023 and the rules and regulations framed thereunder, as amended from time to time.

f. In this Agreement, unless the context otherwise requires, the singular includes the plural and vice versa, references to a statute include any statutory modification or re-enactment thereof, and headings are for convenience only and do not affect interpretation.


\u00a7 2. INTERN POSITION, DUTIES AND RESPONSIBILITIES

a. The position of the Intern shall be: ________.

b. The Intern is required to perform the following duties (the "Intern Duties"):

________

c. The Intern shall, in addition, have the following responsibilities:

I. Carry out the Intern Duties with the utmost professionalism, diligence and good faith.

II. Understand the overall objectives of the Employer and contribute ideas to grow and improve the business.

III. Adhere to the working hours, policies, procedures and rules governing staff conduct of the Employer.

IV. Adhere to the policies governing confidentiality and the handling of confidential information.

V. Maintain professional relationships with the employees, interns and other personnel of the Employer.

VI. Be consistent and punctual in the submission of all work assignments.

VII. Assist with assigned correspondence, communications and similar duties as directed.

VIII. Attend meetings and record minutes whenever required.

IX. Conduct necessary research on the instructions of the supervisor.

X. Devote due time, attention and ability towards the performance of the duties and responsibilities assigned by the Employer during the Employer's normal business hours and at such other reasonable times as may be necessary.

XI. Abide by the Employer's HR Policy as notified from time to time; in the event of a conflict between the HR Policy and this Agreement, the provisions of this Agreement shall prevail.

XII. Save where prevented by emergency, illness or accident, devote due attention and skill to the affairs of the Employer and use best endeavours to promote its interests, and adhere to, execute and fulfil all policies established by the Employer.

XIII. Liaise with the ________ regarding patterns of work and schedule, keep the ________ and team informed of the status of work, and accommodate meetings or training as required by the role.

XIV. Comply with the Employer's Code of Conduct and all other applicable policies and practices, irrespective of work location or schedule arrangement.


\u00a7 3. RESPONSIBILITIES OF THE EMPLOYER

a. The Employer shall be responsible for:

I. Orienting the Intern to its structure and policies, including office hours, dress code and leave policies.

II. Assigning and supervising tasks and responsibilities consistent with the Intern's position.

III. Providing the agreed Stipend for the work performed by the Intern.


\u00a7 4. RESOURCES AND FACILITIES

a. The Employer shall provide the Intern with adequate resources to complete the tasks assigned.

b. The Employer shall provide the following facilities to the Intern for the duration of this Agreement:

________


\u00a7 5. LOCATION OF INTERNSHIP

a. The Intern shall work at the Employer's office at ________ or such other place as the Employer may reasonably 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.

c. The Intern agrees to travel to such places within India as may be reasonably necessary for the discharge of the Intern's duties as the Employer may direct or authorise.


\u00a7 6. OFFICE HOURS

a. The Employer's normal business hours are:

________

(other than on all holidays notified in writing by the Employer from time to time).

b. The Intern will be expected to work ________ (________) hours per week.

c. The office hours may be amended by the Employer from time to time, in compliance with applicable law. Any requirement to work additional hours shall be reasonable and subject to applicable statutory limits.


\u00a7 7. STIPEND AND REMUNERATION

a. In consideration of the internship, the Employer shall pay the Intern a Stipend as follows: a total sum of Rs. ________ (Rupees ________), payable in the following manner: ________.

b. Any additional payment for additional hours, if applicable, shall be: ________, only for additional hours approved in writing by the Employer.

c. The Intern shall raise an invoice/claim at the following interval: ________.

d. The Employer shall pay the Stipend within ________ (________) business days from receipt of the invoice/claim.

e. The Stipend shall be paid by way of ________ to the following account:

________

f. All payments shall be subject to deduction of applicable taxes, including tax deducted at source under the Income-tax Act, 1961, where applicable.


\u00a7 8. EXPENSES

The Intern shall bear all expenses incurred by him/her save where the Employer agrees in writing to reimburse any reasonable expense necessarily incurred in the performance of the Intern Duties, provided such expense is first approved in writing by the Employer or its authorised representative.


\u00a7 9. REPORTS

a. The Intern shall submit periodic reports on the status of the work to the Employer at the following interval: ________.

b. Such reports shall be submitted in the following manner: ________.


\u00a7 10. ADDITIONAL ENGAGEMENTS

Prior to undertaking any additional engagement, including internships, employment or consultancy, the Intern shall first obtain the written authorisation and consent of the Employer.


\u00a7 11. PROBATIONARY PERIOD

The Parties agree that the initial ________ (________) business days of the Internship Period shall constitute a Probationary Period, during which the Employer may, at its discretion, terminate the Internship for any reason with or without notice.


\u00a7 12. NATURE OF RELATIONSHIP


\u00a7 13. TERM AND TERMINATION

a. The Internship shall commence on ________ (the "Commencement Date") and continue until ________, unless terminated earlier in accordance with this Agreement.

b. Should the Intern materially default in the performance of any of his/her duties and obligations hereunder, and such default cannot be substantially cured within ________ (________) business days, or where the breach by its nature is incapable of being cured, the Employer may, upon written notice, terminate this Agreement with effect from the date specified in such notice.

c. Either Party may terminate this Agreement for cause by written notice if the other Party: (i) is in material breach and fails to cure such breach within ________ (________) business days of written notice; (ii) engages in any unlawful conduct related to its performance under this Agreement; or (iii) becomes insolvent, files for insolvency/bankruptcy, or has a receiver or liquidator appointed. Either Party may also terminate this Agreement for convenience by giving ________ (________) business days' prior written notice.

d. Upon termination, the Intern shall immediately cease work on the assigned tasks, protect all property of the Employer (including Intellectual Property) in his/her possession, and return all documentation, equipment and materials provided by the Employer within a reasonable period and at such location as the Employer may specify.

e. The Parties may, by mutual written agreement, extend this Agreement for such further period as agreed.


\u00a7 14. NOTICES

All communications regarding this Agreement shall be in writing and sent to the addresses mentioned at the beginning of this Agreement or to the email addresses set out below, and shall be deemed delivered upon acknowledgement of receipt.

Employer Email: ________

Intern Email: ________


\u00a7 15. ASSIGNMENT

The Intern shall not assign, transfer, sub-contract or otherwise deal with any of its rights or obligations under this Agreement without the prior written consent of the Employer. The Employer may, at its sole discretion, assign or transfer any of its rights or obligations under this Agreement to any third party or affiliate without the consent of the Intern.


\u00a7 16. CONFIDENTIALITY

a. During the Internship, the Intern will have access to information (whether or not recorded in writing or electronically) that the Employer treats as confidential or which has the necessary quality of confidence.

b. The Intern acknowledges that the Employer may possess information claimed by others to be proprietary and which the Employer has agreed to keep confidential, and agrees that all such information shall be Confidential Information for the purposes of this Agreement.

c. Without limitation, Confidential Information shall include:

I. Intellectual property and developments, including technical data and devices designed by the Employer or its affiliates, and trade or business secrets;

II. Financial data concerning budgets, costs, sales figures, financial statements, profits, margins, commercial arrangements, business strategies, plans, research and development projects, processes, inventions, designs, specifications and know-how;

III. Confidential or proprietary information received from third parties and the identity of the Employer's consultants and investors;

IV. Sales statistics, marketing surveys and plans, forecasts, budgets, prices, costs, and customer and supplier lists and contact details;

V. Information concerning organisational and personnel matters, IT security protocols, passwords and software owned, leased or otherwise in the possession of the Employer or its affiliates;

VI. Distribution and technical data used in conducting the business of the Employer, including procurement and pricing details;

VII. Business data relating to new products, projects, services, campaigns, plans for future development, strategies, pricing agreements and joint ventures;

VIII. Data in respect of personnel, agents and representatives of the Employer and/or affiliates;

IX. The details of this Agreement, including information relating to the Stipend and other benefits;

X. Information not intended by the Employer for general dissemination;

XI. Information received by the Employer and/or affiliates from third parties under an obligation of confidentiality;

XII. Any information derived from any of the above; and

XIII. Any copies of the above-mentioned information.

d. The Intern shall:

I. Keep secret and not, at any time during the Internship or for a period of ________ after its termination (for whatever reason), directly or indirectly use, disclose, divulge or communicate to any person, for his/her own or another's benefit, any Developments or Confidential Information without the prior written consent of the Employer;

II. Use best endeavours to prevent the publication, disclosure or use of any such Confidential Information;

III. Execute a Non-Disclosure Agreement or Confidentiality Agreement with the Employer if required; and

IV. Not directly or indirectly reference any information about the Employer on any web-based portal, social networking site or blog.

e. The above restrictions shall not apply to disclosures to persons authorised by the Employer in the course of the Internship; the Employer's decision in this regard shall be final and binding.

f. The aforesaid restrictions shall not apply to the disclosure of any information which: (I) is or becomes publicly available other than through the Intern's disclosure; (II) is lawfully disclosed to the Intern by a third party not in breach of any obligation of confidentiality; or (III) is required to be disclosed by applicable law or by order of a court, regulatory or governmental authority.

g. The termination or variation of this Agreement shall not affect the confidentiality obligations herein, save as to information that lawfully comes into the public domain.

h. The Intern shall not improperly use or disclose any confidential information or trade secrets of any former employer or other person to whom the Intern owes a duty of confidentiality, nor bring any such materials onto the Employer's premises without written consent.

i. The Intern may take independent membership of non-profit professional organisations only with the written consent of the Employer, and subject to the condition that the Intern shall not (a) act as an employee or intern of any entity other than the Employer; or (b) share or disclose any Confidential Information or act as a representative of the Employer at such organisations unless specifically authorised in writing.


\u00a7 17. INTELLECTUAL PROPERTY

a. The Intern shall disclose, in the Annexure attached hereto, a complete list of all intellectual property conceived, developed or reduced to practice by the Intern prior to the Commencement Date that the Intern considers his/her own or that of third parties and wishes to exclude from the scope of this Internship.

c. All originals and copies of material constituting all or part of the Developments shall be handed over to the Employer upon creation and returned upon termination of the Internship.

d. Exclusive ownership of any content or Developments not protected under intellectual property law shall vest in the Employer automatically and irrevocably from the date of creation.

e. To the extent any assignment cannot presently be made, the Intern irrevocably agrees to assign to the Employer all of the Intern's right, title and interest, including intellectual property rights, in and to all inventions, works and developments made during the Internship at the expense of, on the premises of, or with the resources of, the Employer or its affiliates. The Intern waives all moral rights in the Developments to the extent permitted by law.

f. The Intern shall promptly take all action and execute all instruments as the Employer may require, during and after the Internship and at the Employer's expense, to secure, maintain, register and enforce the Employer's rights in the Developments.

g. The Intern appoints the Employer and its authorised officers as the Intern's attorney to execute documents and take actions necessary to give effect to the foregoing assignment, where the Intern's signature cannot be secured.

h. The Intern represents and warrants that he/she will not integrate into the Developments any third-party materials not validly licensed to the Employer without prior authorisation, and that he/she has not and shall not violate the intellectual property rights of any third party. The Intern shall indemnify the Employer against all losses, claims, costs and expenses arising from any such violation.

i. Where the Intern incorporates pre-existing intellectual property into the Employer's product, process or machine, the Employer is granted a non-exclusive, royalty-free, irrevocable, perpetual, worldwide licence (with rights to sublicense) to make, use, modify and sell such intellectual property.


\u00a7 18. REPRESENTATIONS AND WARRANTIES

a. Each Party represents that it is fully authorised to enter into this Agreement.

b. The performance and obligations of either Party will not violate or infringe the rights of any third party.

c. The Intern represents that he/she is legally permitted and duly authorised to undertake this Internship.


\u00a7 19. INDEMNITY

Each Party agrees to indemnify and hold harmless the other Party against any claims, losses, damages, liabilities, penalties, expenses and costs arising from the negligence, wilful misconduct or breach of this Agreement by the indemnifying Party.


\u00a7 20. LIMITATION OF LIABILITY

Save in respect of breach of confidentiality, infringement of intellectual property rights, fraud, wilful misconduct or any liability that cannot be excluded under applicable law, neither Party shall be liable to the other for any indirect, incidental, special or consequential damages arising under this Agreement. The aggregate liability of the Employer shall not exceed the total Stipend payable under this Agreement.


\u00a7 21. GOVERNING LAW AND DISPUTE RESOLUTION

a. This Agreement shall be governed by and construed in accordance with the laws of India.

b. Any dispute, controversy or claim arising out of or in relation to this Agreement shall first be attempted to be resolved amicably between the Parties. Failing amicable resolution within ________ (________) days, the dispute shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 (and any statutory modification or re-enactment thereof). The arbitration shall be conducted by a sole arbitrator mutually appointed by the Parties. The seat and venue of arbitration shall be ________, and the language of arbitration shall be English. Each Party shall bear its own costs, and the cost of the arbitrator shall be borne equally. The arbitral award shall be final and binding.

c. Subject to the arbitration provisions above, the courts at ________ shall have exclusive jurisdiction over any matter arising out of this Agreement.


\u00a7 22. SEVERABILITY

If any provision of this Agreement is held invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of this Agreement, and the remaining provisions shall continue in full force and effect.


\u00a7 23. EXCLUSIVITY

The Intern shall not, during the Internship Period, engage directly or indirectly in any capacity with any other organisation without the prior written consent of the Employer. Breach of this clause shall entitle the Employer to terminate the Internship immediately without notice.


\u00a7 24. DATA PROTECTION

a. The Employer may collect, hold and process the personal data of the Intern (whether electronically or manually) for the purposes of management and administration of its business and compliance with applicable laws and regulations, in accordance with the Digital Personal Data Protection Act, 2023.

b. The Intern hereby grants free, specific, informed and unambiguous consent to such collection and processing, and acknowledges his/her rights under the DPDP Act, including the right to access, correction and grievance redressal. The Employer or its processors may transfer, store and process such data within India or, subject to applicable law, elsewhere, for the above purposes.


\u00a7 25. MISCELLANEOUS

a. No collective agreement applies to the Intern's Internship.

b. This Agreement constitutes the entire agreement and understanding between the Parties in connection with the Internship and supersedes all prior agreements and understandings.

c. No variation of this Agreement shall be effective unless made in writing and signed by both Parties.

d. No failure or delay by either Party in exercising any right shall operate as a waiver thereof.

e. The Intern acknowledges and agrees that:

I. he/she has been provided with a copy of this Agreement for review prior to signing, has understood its terms, purposes and effects, has had the opportunity to seek independent clarification, has executed it of his/her own free will and without duress or undue influence, and that this Agreement is reasonable and necessary to protect the legitimate business interests of the Employer;

II. any violation of the terms of this Agreement may cause the Employer irreparable injury for which monetary damages may be an inadequate remedy; and

III. accordingly, the Employer shall be entitled to seek injunctive relief, in addition to any other remedy available at law or in equity.

f. This Agreement shall be stamped in accordance with the applicable stamp duty under the Indian Stamp Act, 1899, or the relevant State Stamp Act, payable by ________.


\u00a7 26. COUNTERPARTS

This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.


IN WITNESS WHEREOF,
the Parties hereto have executed this Agreement on ________.


For and on behalf of ________ (Employer)


Name of authorised representative: ________

Designation: ________

Place: ________

Date: ________



__________________________________

Signature


________ (Intern)

Place: ________

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 certifies that the above-named persons appeared before me, were properly identified, and did sign the foregoing.


IN TESTIMONY WHEREOF I subscribe my name and affix my notarial seal on this ________ day of ________, 20________.


_______________________

Signature

Notary Public

Address: ________

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