Internship and trainee agreement for a startup

INTERNSHIP AND TRAINEE AGREEMENT

This Internship and Trainee Agreement ("Agreement") is executed on this Execution date day of Execution month and year at Place of execution.

(a company incorporated under the Companies Act, 2013, having its registered office at Company registered office address, hereinafter referred to as the "Company", which expression shall, unless repugnant to the context, include its successors and permitted assigns)

AND

(an individual residing at Intern address, hereinafter referred to as the "Intern" or "Trainee", which expression shall, unless repugnant to the context, include his/her heirs, executors and administrators)

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

RECITALS

WHEREAS the Company is engaged in the business of Description of company's business (the "Business");

AND WHEREAS the Company is desirous of engaging the Intern as an intern/trainee for a fixed period on the terms and conditions set out herein, and the Intern has represented that he/she is Intern's student/educational status description and desires to gain practical training and work experience with the Company;

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows:

1.1 The Company hereby engages the Intern, and the Intern hereby accepts such engagement, as an intern/trainee with effect from Internship start date for a period of Duration in months months, expiring on Internship end date (the "Term"), unless terminated earlier in accordance with this Agreement.

1.2 This engagement is for training and learning purposes only. The Intern shall not, at any time, be deemed to be an employee, worker, agent or partner of the Company, and nothing in this Agreement shall be construed as creating an employment relationship under any law for the time being in force, including the Code on Wages, 2019 or any other labour enactment.

1.3 The Parties may extend the Term by mutual written agreement, recorded as an addendum to this Agreement.

2.1 The Company shall pay the Intern a monthly stipend of ₹ Monthly stipend amount in figures (Rupees Monthly stipend amount in words only), payable on or before the Stipend payment day of month day of each calendar month during the Term, subject to deduction of tax at source as applicable under the Income-tax Act, 1961.

2.2 The stipend is a subsistence/training allowance and is not salary or wages for employment purposes. The Parties shall obtain independent advice on GST and withholding implications, if any, of the stipend payments.

2.3 No other benefits (including provident fund, gratuity, leave encashment, bonus or medical insurance) shall be payable to the Intern except as expressly stated in this Agreement, provided that the Company may, at its discretion, extend benefits such as Optional benefits description.

3.1 The Intern shall work from Work location during normal business hours, ordinarily from Work start time to Work end time, Working days per week days a week, with such reasonable variations as the Company may direct.

3.2 The Company may permit remote or hybrid working at its sole discretion, on terms notified to the Intern in writing.

4.1 The Intern shall:

4.2 The Company shall provide reasonable training, mentoring and exposure to the Intern as appropriate to the internship.

5.1 The Intern shall, during the Term and at all times thereafter, keep confidential and not disclose, use or exploit, except for the proper performance of duties under this Agreement or as required by law, any Confidential Information of the Company, including business plans, financial information, product and technology information, source code, designs, customer and vendor lists, pricing, and other non-public information, in whatever form.

5.2 The obligation in Clause 5.1 shall not apply to information which:

5.3 Upon expiry or termination of the internship, the Intern shall forthwith return to the Company all documents, devices, materials and other property of the Company, and delete or destroy all Confidential Information in his/her possession or control.

6.1 All work product, inventions, designs, content, code, and other materials created by the Intern in the course of, or in connection with, the internship and/or with the use of the Company's resources or Confidential Information (the "Work Product") shall vest in and be the absolute property of the Company from creation, and the Intern hereby assigns all rights, title and interest therein, including copyright under the Copyright Act, 1957, to the Company.

6.2 The Intern shall execute such documents and do such acts as the Company reasonably requires to perfect, register or enforce the Company's rights in the Work Product, and the Company may exercise such rights under Section 57 of the Copyright Act, 1957 if the Intern is not reasonably available.

6.3 The Intern waives, to the fullest extent permitted by law, all moral rights in the Work Product against the Company and its assignees and licensees.

6.4 The Intern confirms that the Work Product shall be original and shall not infringe any third party's rights; any third-party material used shall be identified to the Company in advance.

7.1 The Company may process the Intern's personal data for lawful purposes connected with the internship, and the Intern consents to such processing in accordance with applicable law, including the Digital Personal Data Protection Act, 2023, to the extent applicable.

7.2 The Intern shall comply with the Company's data protection policies in handling any personal data accessed during the internship.

8.1 Either Party may terminate this Agreement by giving Notice period in days days' prior written notice to the other Party.

8.2 The Company may terminate this Agreement forthwith by written notice if the Intern:

8.3 Upon termination, the Intern shall be entitled only to the stipend accrued up to the date of termination, and Clauses 5, 6, 9, 10 and 11 shall survive.

The Intern represents and warrants that:

10.1 Neither Party shall be liable to the other for any indirect or consequential loss arising out of this Agreement. The Company's aggregate liability to the Intern under this Agreement shall not exceed the stipend actually paid during the three (3) months preceding the event giving rise to the claim.

10.2 Nothing in this Agreement excludes liability for fraud, wilful misconduct, death or personal injury caused by negligence, or any liability that cannot lawfully be excluded.

11.1 This Agreement shall be governed by and construed in accordance with the laws of India, and the Indian Contract Act, 1872 shall apply.

11.2 Any dispute, controversy or claim arising out of or relating to this Agreement shall first be attempted to be resolved amicably by good-faith discussion within Amicable discussion period in days days; failing resolution, the same shall be referred to arbitration by a sole arbitrator mutually appointed by the Parties, under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Arbitration seat city and the language shall be English. The award shall be final and binding. Subject to Clause 11.2, the courts at Exclusive jurisdiction city shall have exclusive jurisdiction.

11.3 This Agreement is not required to be registered under the Registration Act, 1908, but the Parties shall pay stamp duty as applicable under the relevant state stamp legislation at the place of execution.

12.1 This Agreement, together with any schedule or annexure hereto, constitutes the entire agreement between the Parties and supersedes all prior understandings in relation thereto.

12.2 No waiver of any provision shall be effective unless in writing, and no failure or delay in exercising any right shall operate as a waiver thereof.

12.3 This Agreement may not be amended except by a written instrument signed by both Parties.

12.4 Neither Party may assign this Agreement without the prior written consent of the other Party.

12.5 If any provision is held invalid or unenforceable, the remainder shall continue in full force, and the Parties shall substitute a valid provision closely reflecting the original intent.

12.6 Notices shall be in writing and delivered by hand, registered post with acknowledgment due, or email, to the addresses stated above or as notified in writing, and shall be deemed served on delivery or, for email, Deemed service hours for email notices hours after transmission without a delivery failure.

IN WITNESS WHEREOF the Parties have executed this Agreement on the day, month and year first above written.

SIGNED and DELIVERED by the withinnamed Parties in the presence of:

Witness 1: Signature:   Name: First witness name Address: First witness address

Witness 2: Signature:   Name: Second witness name Address: Second witness address

(Where the Intern is a minor, parent/natural guardian's signature)

Parent/Guardian: Signature:   Name: Parent or guardian name Relationship: Guardian relationship Date: Guardian signature date

SCHEDULE A — INTERNSHIP DETAILS