AND

HOME LINK

CONTRACT

For

Internet

For
THIS AGREEMENT Contract is made and executed on the day of March 1st, 2018;
In BETWEEN:
[SHANDONG TIEJUN ELECTRIC POWER ENGINEERING COMPANY
LIMITED], a company registered and existing under the laws of the People’s
Republic of China, and whose registered office is Room 804, Building A,
Yijehongtai Towers, No. 882-1 Tong’an Road, Laoshan District, Qingdao,
Shandong 266 100, Peoples Republic of China.and branch office organized
and existing under the laws of Bangladesh, and having its registered office at
Apartment: B-2, House: 13, Road: 01, North Khulshi, Chittagong.
[HOMELINK]: a company which provide Internet service, locates at Ali Akbar
Chairman Building (1st floor),front of jaldi post office, Banshkhali, Chittagong
WHEREAS:
The Contractor desires to construction of Internet for 2 x 612 MW (net) Power
Generating Facility AT Gondamara , Banshkhali , Chittagong (hereinafter
called "the Project”).
Whereas, Subcontractor is willing render such services in accordance with the
term and conditions herein specified;

NOW, THEREFORE,THIS AGREEMENT WITNESS as follows:

1、Scope of Work
1.1 Here HOMELINK will provide Internet Connection as 10Mbps real ip.
1.2 HOMELINK will provide bandwidth by 1optical fiber (Max. 200 Meter).
1.3 All equipment and accessories will be provided by HOMELINK and
TIEJUN will pay the price.
1.4 All equipment has one year warranty, and all problem of optical fiber will be
solved by HOMELINK for free.
1.5 During the warranty period, Home link is not being liable to any kind of
physical damage of any equipment (i.e. stolen, burned, broken, etc) caused by
natural disasters or any other reasons.
1.6 If any of the above is done, TIEJUN will bear the cost or buy of the
damaged item but the technical support will be given by HOME LINK free of
charge.
1.7 If the equipment has problems after the warranty period, TIEJUN will buy
that but the technical support will be given by HOMELINK free of charge.
1.8 HOMELINK will provide to TIEJUN support & Internet 24hours×7days.
1.9 HOMELINK provides tax invoices first, and finishes the work within 15
days after receipt of advance payment.

2. Contract price and cost of materials and services

2.1 Network service fee (per monthly)
Service Type Place Cost(BDT)
10Mbps Real IP The project
INTERNET
Total
Including tax & vat
In-words: Twenty three thousand and three hundred thirty three Taka Only
2.2 Material fee:

Network Active
Tower Installa
Device(Tower & Network
SL Quanti tion Total
Civil & Solar Device(Ra
. ty Charge
Power Device) dio)

01
1

including but not be limited to all Taxes, withholding Taxes, VAT, VDS, levies,
duties, fees. HOMELINK shall bear all the taxes& duties according to the
Bangladesh laws. All withholding taxes, VAT (like TDS, VDS etc.) deductible as
per statutory laws shall be deducted from Tax Invoice raised by HOMELINK.
SHANDONG TIEJUN ELECTRIC POWER ENGINEERING COMPANY
LIMITED shall deduct withholding taxes & VAT at applicable prevailing rates.
In-words: Two Lac twenty two thousand and nine hundredTaka Only

3、 CONTRACT PRICE AND PAYMENT

3.1 CONTRACT PRICE
The Total Contract Price under this Contract shall be BDT 222,900 + 23333
Monthly including Material fee and service charge. For construction charges,
TIEJUN will pay the cheque after handover the project. For the network service
charges, TIEJUN will pay the bill within 10 days of every running month by
cheque. The final total contract price will be finally worked out by the fixed unit
rate and actual quantity completed at site, and may be adjusted according the
relevant clauses of the Contract. The unit rates will remain firm during the
tenure of the
contract and no escalation shall be payable under whatever reasons.
3.2 PAYMENT CERTIFICATES
The Work completed on site shall be approved & signed by the Authorized
person.

3.3 Service Assurance

If the total interruption duration of internet exceeds 72 hours within a month,
Tiejun will deduct the corresponding bill according to the proportion of the
interruption time. However, it will not be applicable for long periods of power
failure, main server problems, main fiber cutting, natural disasters etc.

4. EFFECTIVE DATE AND COMMENCEMENT DATE:

The Effective Date of the Contract shall be by the date of signing of the
agreement.

5. Duration of Agreement:
The term of this Agreement shall commence on Effective Date and continue for
1 (one) year unless otherwise terminated or extended in accordance with the
terms of this Agreement. Parties shall be entitled to renew the term by
providing 30 days’ notice before the date of expiry on mutually agreed terms
and conditions. In case of delay for renewal of the Agreement of the Service
will be continued by existing condition. That to terminate this lease, 1(one)
months prior notice in writing from either side will be necessary.

6. INTERPRETATION OF CONTRACT DOCUMENTS

All headings to the Articles, Conditions, Schedules or to any other part of the
Contract are solely for the purpose of giving a concise indication and not a
summary of contents thereof and they shall not be deemed to be apart thereof
or be used in the interpretation or construction thereof.

7 DISPUTES AND ARBITRATION

7.1 Alterative Disputes Resolution

7.1.1 Appointment of the Dispute Adjudication Board. The Parties shall jointly
appoint a DAB by the date 28 days after a Party gives notice to the other Party
of its intention to refer a dispute to a dispute to a DAB.

7.1.2 If the DAB is to comprise three persons, each Party shall nominate one
member for the approval of the other Party. The Parties shall consult both

these members and shall agree upon the third member, who shall be
appointed to act as chairman.
6.1.3 The terms of the remuneration of either the sole member or each of the
three members shall be mutually agreed upon by the Parties when agreeing
the terms of appointment Each Party shall be responsible for paying one-half
of this remuneration.

6.2 Failure to Agreement Dispute Adjudication Board

If any of the following conditions apply namely;
(a)The Parties fall to agree upon the appointment of 'the sole member of the
DAB by the date 28 days.
(b) Either Party fails to nominate a member (for approval by the other Party) of
a DAB of three persons by such date,
(c) The Parties fail to agree upon the appointment of the third member (to act
as chairman) of the DAB by such date, or
(d) The Parties fail to agree upon the appointment of a replacement person
within 42 days after the date on which the sole member or one of the three
members declines to act of is unable to act as a result of death, disability,
resignation or termination of appointment,

Then the appointing entity or official named in the Particular Conditions shall,
upon the request of either or both of the Parties and after due consultation with
both Parties appoint this member of the DAB. This appointment shall be final
and conclusive. Each Party shall be responsible for paying one-half of the
remuneration of the appointing entity or official.

6.3 Obtaining Dispute Adjudication Board's Decision

If either Party is dissatisfied with the DAB’s decision, then either Party may,
within 28 days after receiving the decision, give notice to the other Party of its
dissatisfaction. If the DAB fails to give its decision within the period of 84 days
(or as otherwise approved) after receiving such reference or such payment,
then either Party may, within 28 days after this period has expired, give notice
to the other Party of its dissatisfaction.
Unless settled amicably any dispute in respect of which the DAB's decision (if
any) has not become final and binding shall be finally settled by arbitration.
6.4 Arbitration
In the event of the Parties fail to resolve any dispute amicably the same shall
be referred to arbitration in accordance with the Rules of Arbitration of the
International Chamber of Commerce. The dispute shall be settled by three
arbitrators appointed in accordance with these Rules, and place of arbitration
in Dhaka and the language of the arbitration shall be English.
The Parties agree that any arbitration award shall be final and binding upon the
Parties thereto and shall be enforceable in accordance with its terms. None of
the Parties shall seek to commence any judicial proceeding with a view to
appealing, reviewing or setting aside any arbitral award. All such rights of
appeal or judicial review of any arbitral award as would otherwise be
exercisable by the Parties are hereby excluded to the fullest extent permitted.
The Parties hereto agree that the Subcontractor shall be obliged to carry out its
obligations under the Contract even in the event a dispute is referred to
Arbitration It is further clarified that the Contractor shall be entitled to retain the
payment for the disputed works or any subject matter under arbitration.

7. LANGUAGE
All documents, instructions, pamphlets, design data, operation and
maintenance manuals, communications shall be in English language.

8. NOTICE OF DEFAULT
Notice of Default given by either party to the other part under the Agreement
shall be in writing and shall be deemed to have been duly and properly served
Upon the parties hereto if delivered against acknowledgement due by
fax/telex/letter or by Registered mail with acknowledgement duly addressed to
the signatories at the addresses mentioned herein under.

9、HOME LINK INFORMATION

Company Name: HOME LINK
BANK address: Prime Bank Limited, Banshkhali Brance.
AC Name: HOME LINK
AC No. : 2178119019083

10、General
HOMELINK shall not, without the written express permission from the TIEJUN,
disclose or divulge to any third party or to the press about anything related to
this Contract.
IN WITNESS WHERE OF
The Parties here to have duly executed this Agreement as of the day and year
first before written.
 Duly Authorized representative for
and on behalf of HomeLink

Witness:
Witness:

1)
1)