"Print-Media Creative Agencies are those agencies which specialize and execute the production of Creatives for the Print Media, Printed Publicity and produce the adaptations of the same for Outdoor Publicity and/or Exhibitions"
- The agencies will abide by the terms and conditions laid down herewith and any other condition prescribed by DAVP from time to time in fulfillment of its objective of serving the client ministries of the government.
- This Empanelment would not in any way mean that DAVP would be paying any retainership fee or monthly consultancy charges or any other form of remuneration to the empanelled agencies.
- The scope of work of the empanelled agencies will be as per Annexure A.
- DAVP shall hire the agency only if it is not being able to do so with its existing resources and after applying the due procedures.
- DAVP may hire the agency for its own campaign related work or even for those of other Client Ministries and Departments.
- The advertisements and other creative work so produced in consultation with the client Ministry and DAVP would be released only through DAVP to the Print and other Publicity media.
- While for the Creative work done for DAVP's Campaign the payment would be met from its own funds, for the creative work done for the client Ministries/Departments, the payment would be met from the funds allocated by the respective client Ministry/Department to DAVP. The payment to the agency in either case shall be released through DAVP.
- Government of India shall retain the absolute copyright and all such related rights including the rights for adaptations/ translation, reproduction, alteration and archiving without any restriction of time period of all such creatives and their inputs which might be produced by the agency for executing a work/campaign. Such creatives could be used in any such future campaigns that the Government may consider appropriate.
- The empanelled agencies by agreeing to these Terms and Conditions shall be liable to for penalty as per the terms of this contract in the event of their failing to adhere to them.
- The agency also agrees to abide by any other terms and conditions to be prescribed by the DG: DAVP in future.
- DAVP shall hire the services of the Empanelled Print Media Agency either for its own campaigns or for the campaigns pertaining to the client Ministry or Departments of the Government of India. DAVP shall hire the agency only after it makes an assessment of the requirement to hire an empanelled agency for the scope of work or any part of it.
- A briefing of three agencies chosen through the random roster method (the agencies who have received less assignments will get more weightage for briefing) will be done by DAVP.
- The agencies will be asked to present their work before a selection committee. The final selection of the agency will be done based on the recommendation of the committee. The selection so arrived at will be final.
All the media release- either of the Ministries/Departments or DAVP shall be routed only through DAVP.
For all kinds of production jobs no advance payment shall be made. Payments will be made only after satisfactory completion of each job and on submission of authenticated bills in the manner stipulated by DAVP/Ministry/Department of the Government of India.
The Agency shall provide all such services described above within the territorial limits of India only. The Agency shall arrange international inputs and advertising through its international affiliates, if required, on terms to be agreed separately.
DAVP/Ministry/Department of the Government of India requires that the Agency provide professional, objective and impartial advice and at all times hold DAVP/Ministry/department's interests paramount, strictly avoid conflicts with other assignments/jobs or their own corporate interests and act without any consideration for future work.
Confidentiality shall be maintained for the information relating to the examination, clarification and comparison of the proposal. Violation of this clause may result in the rejection of the proposal.
The Agency shall seek written approval of all visuals, artworks, copy, scripts, etc. and the Agency shall not proceed further with any work until approval of related documents by DAVP/Ministry/Department of Government of India.
Both, DAVP/Ministry/Department of Government of India and the Agency, shall communicate to each other the names of officials authorized to sign various documents or grant approvals under the agreement.
The Agency shall maintain all layouts, artworks, copy, negatives, tapes, bills vouchers, etc. for duration of the contract period and then submit the same to the DAVP /Ministry/Department of Government of India.(if not already submitted).
DAVP/Ministry/Department of Government of India requires that Agencies selected for the particular Campaign must observe the highest standards of ethics during the performance and execution of such contract. In pursuance of this policy, Government of India :
- Defines, for the purposes of this provision, the terms set forth as follows:
- "Corrupt practice" means the offering, giving, receiving or soliciting of any thing of value to influence the action of DAVP or any personnel of Agencies in contract executions.
- "Fraudulent practice" means a mis-presentation of facts, in order to influence a procurement process or the execution of a contract, to DAVP/Ministry/Department of Government of India and includes collusive practice among Respondents (prior to or after Proposal submission) designed to establish Proposal prices at artificially high or non-competitive levels and to deprive DAVP/Ministry/Department of Government of India or the benefits of free and open competition;
- "Unfair trade practices" means supply of services different from what is ordered on, or change in the Scope or Work which was given by the DAVP/Ministry/Department of Government of India in Section IV.
- "Coercive practices" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the execution contract.
- Will reject a proposal for award, if it determines that the Agency recommended for the award of the Creative Campaign, has been determined by DAVP/Ministry/Department of Government of India to having been engaged in corrupt, fraudulent or unfair trade practices.
- Will declare a firm ineligible, either indefinitely or for a stated period of time, for awarding the contract, if it at any time determines that the firm has engaged in corrupt, fraudulent and unfair trade practice in competing for, or in executing, the contract.
- The Agency shall perform the services and carry out their obligations under the Contract with due diligence, efficiency and economy in accordance with generally accepted professional standards and practices. The Agency shall always act in respect of any matter relating to this contract as faithful advisor to DAVP/Ministry/Department of Government of India. The Agency shall always support and safeguard the legitimate interests of DAVP/Ministry/Department of Government of India in any dealings with the third party. The agency shall abide by all the provisions/Acts/Rules etc. of Government of India. The Agency shall conform to the standards laid down in the Campaign Proposal Details in totality.
- All submissions made by the Agency after the award of contract must be countersigned by the Head – Creative of the Agency.
As per the time schedule agreed between the Parties for specific projects given to the empanelled Agency from time to time, the Agency shall submit all the deliverables on due date as per the delivery schedule. The Agency shall not without DAVP/Ministry/Department of Government of India's prior written consent disclose the Contract, drawings, specifications, plan, pattern, samples to any person other than an entity authorized by the DAVP/Ministry/Department of Government of India for the performance of the Contract. In case of termination of the Contract all the documents used by Agency in the execution of project shall become property of DAVP/Ministry/Department of Government of India.
DAVP/Ministry/Department of Government of India may at any time before completion of work under project awarded to empanelled Agency, change the work content by increasing/reducing the quantities of the services by not more than 20% of the estimated total cost of the Campaign project as mentioned in the Contract Agreement for execution of the Project, without creating the liabilities for compensation on any grounds, whatsoever due to this change. In such a case, the Agency will have to perform the service in the increased/decreased quantity at the same contract rates within the time stipulated for providing services to DAVP/Ministry/Department of Government of India.
The Agency shall employ and provide such qualified and experienced personnel as may be required to perform the services under the specific project assigned by DAVP/Ministry/Department of Government of India and it is desirable from the Agency to deploy the personnel, who have adequate experience in the domain related with the project. It is desirable that for the Projects, the Consultant/Agencies must hire the services of Relevant Specialists, on a case to case basis, to work on the Project effectively. The Agency shall give proof of the status of its regular employees status or contractual staff and its creative team on a regular basis to DAVP/Ministry/Department of Government of India during such period of the time of contract.
The Agency shall not change the team deployed for the work without due intimation to DAVP/Ministry/Department of Government of India.
Applicable Law means the laws and any other instruments having the force of law in India as they may be issued and in force from time to time. The Contract shall be interpreted in accordance with the laws of the Union of India.
No services covered under the Contract shall be sold or disposed by the Agency in violation of any right whatsoever of third party, and in particular, but without prejudice to the generality of the foregoing, of any patent right, trademark or similar right, or any charge mortgage or lien. The Agency shall indemnify DAVP/Ministry/Department of Government of India from all actions, cost, claims, demands, expenses and liabilities, whatsoever, resulting from any actual or alleged infringement as aforesaid and at the expenses of the Agency, DAVP/Ministry/Department of Government of India shall be defended in the defense of any proceedings which may be brought in that connection.
Copyrights and other intellectual property rights in all materials, ideas and work or any kind generated by the activities of the Agency performed hereunder shall vest in DAVP/Ministry/Department of Government of India, to the extent copyright belongs to the Agency, provided that DAVP/Ministry/Department of Government of India has paid the Agency for its services.
The failure of either party at any time to enforce any provision of these Terms and Conditions, shall in no way affect its right thereafter to require complete performance by the other party. Further, waiver of any breach of any provision shall not be held to be a waiver for any subsequent breaches.
Any notice or notices under these terms and conditions shall be deemed to be properly served, if they are sent to the addresses mentioned hereinabove by courier service or registered mail.
