Agreement between the owner and the security guard agency
now a days it is mandatory to hire the security guard agency in all project sites and in various factories and establishment
it contains a soft copy ready for making agreement by changing few details.
It consist following terms and conditions.
1. DATE OD COMMENCEMENT: The Client agrees to engage the Contractor for rendering their professional Guarding Services at the above mentioned location/s w.e.f.
2. UNIT STRENGTH AS ON COMMENCEMENT: The unit strength at the time of commencement is mentioned hereunder. HOWEVER, the same shall be reviewed mutually from to time depending on the exigencies of the situation and as is expressly agreed to in writing by the Contractor.
3. MONTHLY RATES & BILLING: The Contractor shall render its professional Guarding Services to the Client as per following agreed monthly rates & billing:
4. PERIOD OF CONTRACE: The above-mentioned contract shall commence from 1 /12/11 and shall be in force for a minimum period of -------------------------r with effect from date of commencement and shall additionally remain in force with the Client until such time as the persons engaged by the Contractor in terms of this Agreement remain on the location/s of the Client providing services as contemplated herein.
5. DUTY HOURS: The daily working hours of the Guarding Personnel deployed by the Contractor shall be of TWELVE hours duration beginning from and ending at . However, in certain specific operational areas owing to various inherent factors viz. remoteness, scarce availability of trained manpower or the existing low wage structure, the Guarding Personnel deployed by the Contractor shall perform their duties on a twelve hourly basis, which discretion shall solely and absolutely vest with the Contractor.
6. RELIEVING CHARGES: As per the shops and establishment Act 1948, THE Contractor has to provide one mandatory off per week per individual..
8. BILLING AND PAYMENTS:
8.1 The Contractor will invoice the Client on the 20th of every month and less / extra duties actually performed will be adjusted in the subsequent months invoice. For ensuring timely payments to the Contractor’s Guarding Personnel, the Contractor’s cheques should be released by the Client on or before the 5th of every month. The Client will not interfere in any act related to the payment of wages or emoluments in any manner whatsoever by the contractor to the personnel engaged by it in pursuance of this Agreement or in respect of any disputes between the Contractor and their personnel or to deal with the personnel of the Contractor directly.
8.2 All payments towards Contractor’s invoice are to be made by cheque / draft/ pay order favoring -------------------------©sm only. Any payments made in cash without proof of receipt issued by -----------------------©sm will not be considered as payments received by the Contractor. In case, the Client does not make the Contractor’s payments within the stipulated time, Contractor will levy 24% cumulative interest p.a on the total invoice and arrears, if any. If the Client’s cheque is dishonored, the Contractor retains the discretion to terminate the contract forthwith without assigning any further reasons thereof and the Client shall be obligated to compensate the Contractor towards the services availed of until such time as all the personnel deployed by the Contractor in pursuance of this Agreement are removed by the Contractor from the locations as stated herein.
8.3 At any point of time the Client cannot, as a per condition for payments , with hold / co-relate the outstanding invoiced amount against any pending insurance claim not yet finalized allegedly due to any negligent act on part of the Contractor. Also, the Client cannot with hold or correlate any outstanding for want of any statutory Challan(s) yet to be relevant government authorities.
8.4 In any case or claim involving the Contractor’s employees or outsourced for any allegedly negligent act, fraud, any direct/indirect act that leads to loss property, information, etc. At the Client’s facility, the Contractor will use reasonable endeavors to assist the Client to process the claim based on facility, the Contractor will use reasonable endeavors to assist the Client to process the claim based on the FIR lodged.
9. MOBILISATION CHARGES: Once the contract is awarded, the Contractor will require agreed monthly billing amount by the Client in advance towards mobilization charges for vetting, training and deploying the Guarding Personnel team at the assigned location/s. The amount should be remitted to the Contractor before the actual deployment of the Contractor’s Guarding Personnel force at the Client’s unit/s. This amount will stand credited to the Client’s account and will be subsequently adjusted at the expiry of the contract. This amount will not attract any interest and the Contractor shall be entitled to appropriate from such amount any outstanding amount due and owing to the Contractor by the Client.
10. DEDUCTIONS: The Client HAVE EVERY RIGHT TO DEDUCT ANY AMOUT TOWARDS THE NON PERFORMANCE BY THE GUARDS/SLEEPING ON DUTY/NOT WEARING UNIFORM,MISCONDUCT ETC AND INCLUSIVE OF TDS
11. PAYMENTS TO GUARDING PERSONNEL: The Client or their representatives will not offer any payments in cash or kind or any other incentive whatsoever to the Contractor’s Guarding Personnel deployed at the Client’s location for whatsoever reasons and if they do so, it is entirely at their own risk and the Contractor will not be responsible for the same and in such event the Contractor will be entitled to terminate this Agreements and claim damages from the Client quantified at the balance amount due for the remaining term of this Agreement and such other amount as the Contractor shall be entitled to in law.
12. ROTATION OF GUARDING PERSONNEL: UNTIL AND UNLESS THE CLIE NT PERMITS THE GUARDS SHOULD NOT BE CHANGED OR TRANSFERRED FROM THE SITE WITHOUT OBTAINING IN WRITING FROM THE CLIENT..
13. COMPENSATION: During the pendency of this contract whilst on duty at the Client’s location, if any of the Contractors Guarding Personnel are injured or are compelled to injure someone for the protection of the Client’s property or personnel, the Client will be responsible for indemnifying the Contractor towards any litigation, medical or any expenses incurred thereof and shall indemnify and keep indemnified the contractor towards all claims and demands of all third parties in this behalf including towards any third party claims towards compensation, loss, damage, etc…,
14. RE-EMPLOYMENT: The Client will not offer direct employment to any of the Contractor’s employee/s during the pendency of this contract, If the Contractor’s employee/s are directly enrolled by the Client or any third party acting at the behest or under the instructions of the Client within the period as stated above, the Client will, in addition to any other claim of the contractor, be liable to pay the Contractor an amount equivalent to three months gross salary of that individual.
15. FUNCTIONING TOOLS: During the pendency of the contract, the Client will provide the Contractors with a functional Cabin, Tables, Chairs, Torches, Consumables such as cells, Stationery items, Documentation Tools, etc…
16. INSURANCE COVER: During the pendency of the contract the Contractor will offer a free of cost, value added fidelity Guarantee Insurance Policy of Rs. 10 million and a Professional Indemnity Policy of rs.5 million, Which will all its employees throughout India for any negligent act, fraud , any direct/ indirect act that leads to loss of property, information, etc..At the Clients facility. These insurance policies will be made available to the Client, as and when required by them and would be applicable to the Client as per the terms and conditions of the policies. By virtue of the above, the Contractor will not be liable to reimburse the Client in any manner whatsoever including towards any minor losses or damages suffered by any other means except through the insurance cover. The insurance policy will not be applicable the Client if the receivables of the Contractor are outstanding for more than 02 months.
17. INDIVIDUAL ITEM RESPONSIBILITY: The Contractor will not be responsible for any item either of the Client or of any third party which is movable, portable and can be carried in person by any individual working in the premises which is secured by TOPS Security Limited. The Contractor will not be responsible for the Client’s assets like vehicles, laptops, cellular phones, Projectors, Radio trucking sets, Computer CD’s, Pen Drives, Zip Drives, Tape Drives, any spares of computer/ printer/ scanner, pagers, digital diaries, repair kits, data in any kind of soft from and personal belongings etc.. That is given to their executives for their individual use in or outside the secured premises. Such individual items remain the responsibility of the authorized user/s.
19. INDEMNIFICATION: Since the Client is the principal employer of all the Contractor’s personnel deployed at its premises, it is imperative that the Client reimburses the Contractor as per the prevailing minimum wages and allowances payable to the Contractor’s personnel. If the Client does not pay the Contractor as per the prevailing minimum wages and allowances, then the Contractor is not liable to pay their personnel deployed at the Client’s facility as per the prevailing minimum wages and allowances and the client shall keep the Contractor indemnified towards any costs and Consequences in respect thereof.
20. TERMINATION OF CONTRACT: For termination of the contract, the Client can issue the Contractor a contract-Termination Letter with a clear ‘one month’s advance notice period. Accordingly , at the end of the notice period, the contractor will withdraw the Guarding Personnel from the Client’s can terminate the contract instantaneously on payment of the contractors full and final dues plus notice period charges vide demand draft. If the contactor does not receive the Contract-Termination Letter from the Client at least a month prior to the contract expiry date, the contract will automatically stand renewed for a further period of one year. Subject to such revised rats and terms as agreed to between the Parties hereto & until such time as agreed, on the similar terms and conditions as contained herein.
21. LIVING ACCOMODATION: The Client has to provide the Contractor’s detachment as deployed pursuant to this Agreement with comfortable bachelor accommodation. If the Client cannot provide accommodation to the guarding personnel deployed at their assigned location/s, the Contractor shall charge the Client ‘Living Accommodation Allowances’ per person per month as per the fixed slab rate shown below:
22. FORCE MAJEURE: The obligations of the Contractor will be suspended when the services under the said contract are subject to force majeure which can be termed as civil disturbance, riots, strikes, earthquake, storm, tempest, acts of God, emergency, such other acts as are beyond the control of the Contractor, etc..
23. CENTERAL AND STATE GOVERNEMENT RULES: Other applicable central and State government rules / acts/ modifications and changes done to the existing rules/ acts introduced from time to time, will be governing, applicable and binding on both the parties.
24. JURISDICTION: This agreement will be governed by the laws of India and the courts in Mumbai shall have exclusive jurisdiction.
25. ARBITRATION: If at any time any dispute or question arises between the parties touching the meaning. Construction or effect of this agreement or of any clause or thing herein contained or regarding the respective liabilities and rights under this Agreement, than every such dispute or question except where specifically provided shall be referred to arbitration, as per the provisions of the Arbitration and Conciliation Act 1996, as amended from time to time and for the time being in force. The place of arbitration or sitting shall be at Mumbai.
26. AMENDMENTS: This agreement shall not to be modified or amended unless the parties in their discretion mutually agree in writing, in which case such alterations shall be deemed to form of this Agreement and shall be binding on the Parties hereto.
Upon execution of this Agreement, all prior agreements, commitments, promises, assurance, oral or otherwise made by and between the parties hereto and not herein expressly provided for shall not have any legal significations and shall be treated as cancelled or superseded by this Agreement and shall be of no force and effect.
27. NO WAIVER: The failure to exercise or delay in exercising a right or remedy provided by this Agreement, by law or in equity does not impair or constitute a waiver of the right or remedy or an impairment of or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement, by law or in equity prevents further exercise of the fight or remedy or the exercise of another right or remedy available to a Party , whether contractual , equitable, proprietary or otherwise. The rights and remedies contained in this Agreement are cumulative and not exclusive of rights and remedies provided by applicable law.
28. SEVERABILITY: If any provision of this Agreement shall be rendered illegal or unenforceable, in whole or in part, by the laws, regulations or public policy of any jurisdiction, including without by a requirement, directive or guidance of the concerned regulatory Authority in India as applicable to mines, such provision shall to that extent be deemed not to form part of this Agreement but the validity or enforceability of any other provision of this Agreement shall not be affected. This parties may enter into good faith negotiations to amend such provision in such a way that it is legal and enforceable and to the maximum extent possible gives effect to the original intent of the parties in such regard provided that if this Agreement is not capable of continuing in existence without the relevant provision, either party may terminate this Agreement forthwith by notice to the other Party.
29.ENTIRE AGREEMENT: The terms and provisions contained herein constitute the entire agreement the parties , and this Agreement shall supersede any and all previous agreements, whether verbal or written, which have been entered into by and between the parties with respect to the subject matter hereof.
30. CAPTIONS: All captions contained in this Agreement are included only for convenience of reference and do not affect the construction of this Agreement or part thereof.
31. NOTICES: All notices and other communications required or permitted to be given under this Agreement shall be in writing and shall be delivered or sent by personal delivery, electronic mail, facsimile transmission or mentioned or certified mail (return receipt requested) postage prepaid to the address as mentioned hereinabove or facsimile number(s), or such as have been notified in writing by such Party to the other no less than 15 days in advance. The notices and communications sent in such manner shall, unless the contrary is proven, be deemed to have been duly received on the date of personal delivery, two business days following delivery, upon confirmation of transmission by the sender’s facsimile machine or electronic mail device or ten business days following mailing by registered or certified mail (return receipt requested postage prepaid.)
The soft copy of agreement is attached below.
now a days it is mandatory to hire the security guard agency in all project sites and in various factories and establishment
it contains a soft copy ready for making agreement by changing few details.
It consist following terms and conditions.
1. DATE OD COMMENCEMENT: The Client agrees to engage the Contractor for rendering their professional Guarding Services at the above mentioned location/s w.e.f.
2. UNIT STRENGTH AS ON COMMENCEMENT: The unit strength at the time of commencement is mentioned hereunder. HOWEVER, the same shall be reviewed mutually from to time depending on the exigencies of the situation and as is expressly agreed to in writing by the Contractor.
3. MONTHLY RATES & BILLING: The Contractor shall render its professional Guarding Services to the Client as per following agreed monthly rates & billing:
4. PERIOD OF CONTRACE: The above-mentioned contract shall commence from 1 /12/11 and shall be in force for a minimum period of -------------------------r with effect from date of commencement and shall additionally remain in force with the Client until such time as the persons engaged by the Contractor in terms of this Agreement remain on the location/s of the Client providing services as contemplated herein.
5. DUTY HOURS: The daily working hours of the Guarding Personnel deployed by the Contractor shall be of TWELVE hours duration beginning from and ending at . However, in certain specific operational areas owing to various inherent factors viz. remoteness, scarce availability of trained manpower or the existing low wage structure, the Guarding Personnel deployed by the Contractor shall perform their duties on a twelve hourly basis, which discretion shall solely and absolutely vest with the Contractor.
6. RELIEVING CHARGES: As per the shops and establishment Act 1948, THE Contractor has to provide one mandatory off per week per individual..
8. BILLING AND PAYMENTS:
8.1 The Contractor will invoice the Client on the 20th of every month and less / extra duties actually performed will be adjusted in the subsequent months invoice. For ensuring timely payments to the Contractor’s Guarding Personnel, the Contractor’s cheques should be released by the Client on or before the 5th of every month. The Client will not interfere in any act related to the payment of wages or emoluments in any manner whatsoever by the contractor to the personnel engaged by it in pursuance of this Agreement or in respect of any disputes between the Contractor and their personnel or to deal with the personnel of the Contractor directly.
8.2 All payments towards Contractor’s invoice are to be made by cheque / draft/ pay order favoring -------------------------©sm only. Any payments made in cash without proof of receipt issued by -----------------------©sm will not be considered as payments received by the Contractor. In case, the Client does not make the Contractor’s payments within the stipulated time, Contractor will levy 24% cumulative interest p.a on the total invoice and arrears, if any. If the Client’s cheque is dishonored, the Contractor retains the discretion to terminate the contract forthwith without assigning any further reasons thereof and the Client shall be obligated to compensate the Contractor towards the services availed of until such time as all the personnel deployed by the Contractor in pursuance of this Agreement are removed by the Contractor from the locations as stated herein.
8.3 At any point of time the Client cannot, as a per condition for payments , with hold / co-relate the outstanding invoiced amount against any pending insurance claim not yet finalized allegedly due to any negligent act on part of the Contractor. Also, the Client cannot with hold or correlate any outstanding for want of any statutory Challan(s) yet to be relevant government authorities.
8.4 In any case or claim involving the Contractor’s employees or outsourced for any allegedly negligent act, fraud, any direct/indirect act that leads to loss property, information, etc. At the Client’s facility, the Contractor will use reasonable endeavors to assist the Client to process the claim based on facility, the Contractor will use reasonable endeavors to assist the Client to process the claim based on the FIR lodged.
9. MOBILISATION CHARGES: Once the contract is awarded, the Contractor will require agreed monthly billing amount by the Client in advance towards mobilization charges for vetting, training and deploying the Guarding Personnel team at the assigned location/s. The amount should be remitted to the Contractor before the actual deployment of the Contractor’s Guarding Personnel force at the Client’s unit/s. This amount will stand credited to the Client’s account and will be subsequently adjusted at the expiry of the contract. This amount will not attract any interest and the Contractor shall be entitled to appropriate from such amount any outstanding amount due and owing to the Contractor by the Client.
10. DEDUCTIONS: The Client HAVE EVERY RIGHT TO DEDUCT ANY AMOUT TOWARDS THE NON PERFORMANCE BY THE GUARDS/SLEEPING ON DUTY/NOT WEARING UNIFORM,MISCONDUCT ETC AND INCLUSIVE OF TDS
11. PAYMENTS TO GUARDING PERSONNEL: The Client or their representatives will not offer any payments in cash or kind or any other incentive whatsoever to the Contractor’s Guarding Personnel deployed at the Client’s location for whatsoever reasons and if they do so, it is entirely at their own risk and the Contractor will not be responsible for the same and in such event the Contractor will be entitled to terminate this Agreements and claim damages from the Client quantified at the balance amount due for the remaining term of this Agreement and such other amount as the Contractor shall be entitled to in law.
12. ROTATION OF GUARDING PERSONNEL: UNTIL AND UNLESS THE CLIE NT PERMITS THE GUARDS SHOULD NOT BE CHANGED OR TRANSFERRED FROM THE SITE WITHOUT OBTAINING IN WRITING FROM THE CLIENT..
13. COMPENSATION: During the pendency of this contract whilst on duty at the Client’s location, if any of the Contractors Guarding Personnel are injured or are compelled to injure someone for the protection of the Client’s property or personnel, the Client will be responsible for indemnifying the Contractor towards any litigation, medical or any expenses incurred thereof and shall indemnify and keep indemnified the contractor towards all claims and demands of all third parties in this behalf including towards any third party claims towards compensation, loss, damage, etc…,
14. RE-EMPLOYMENT: The Client will not offer direct employment to any of the Contractor’s employee/s during the pendency of this contract, If the Contractor’s employee/s are directly enrolled by the Client or any third party acting at the behest or under the instructions of the Client within the period as stated above, the Client will, in addition to any other claim of the contractor, be liable to pay the Contractor an amount equivalent to three months gross salary of that individual.
15. FUNCTIONING TOOLS: During the pendency of the contract, the Client will provide the Contractors with a functional Cabin, Tables, Chairs, Torches, Consumables such as cells, Stationery items, Documentation Tools, etc…
16. INSURANCE COVER: During the pendency of the contract the Contractor will offer a free of cost, value added fidelity Guarantee Insurance Policy of Rs. 10 million and a Professional Indemnity Policy of rs.5 million, Which will all its employees throughout India for any negligent act, fraud , any direct/ indirect act that leads to loss of property, information, etc..At the Clients facility. These insurance policies will be made available to the Client, as and when required by them and would be applicable to the Client as per the terms and conditions of the policies. By virtue of the above, the Contractor will not be liable to reimburse the Client in any manner whatsoever including towards any minor losses or damages suffered by any other means except through the insurance cover. The insurance policy will not be applicable the Client if the receivables of the Contractor are outstanding for more than 02 months.
17. INDIVIDUAL ITEM RESPONSIBILITY: The Contractor will not be responsible for any item either of the Client or of any third party which is movable, portable and can be carried in person by any individual working in the premises which is secured by TOPS Security Limited. The Contractor will not be responsible for the Client’s assets like vehicles, laptops, cellular phones, Projectors, Radio trucking sets, Computer CD’s, Pen Drives, Zip Drives, Tape Drives, any spares of computer/ printer/ scanner, pagers, digital diaries, repair kits, data in any kind of soft from and personal belongings etc.. That is given to their executives for their individual use in or outside the secured premises. Such individual items remain the responsibility of the authorized user/s.
19. INDEMNIFICATION: Since the Client is the principal employer of all the Contractor’s personnel deployed at its premises, it is imperative that the Client reimburses the Contractor as per the prevailing minimum wages and allowances payable to the Contractor’s personnel. If the Client does not pay the Contractor as per the prevailing minimum wages and allowances, then the Contractor is not liable to pay their personnel deployed at the Client’s facility as per the prevailing minimum wages and allowances and the client shall keep the Contractor indemnified towards any costs and Consequences in respect thereof.
20. TERMINATION OF CONTRACT: For termination of the contract, the Client can issue the Contractor a contract-Termination Letter with a clear ‘one month’s advance notice period. Accordingly , at the end of the notice period, the contractor will withdraw the Guarding Personnel from the Client’s can terminate the contract instantaneously on payment of the contractors full and final dues plus notice period charges vide demand draft. If the contactor does not receive the Contract-Termination Letter from the Client at least a month prior to the contract expiry date, the contract will automatically stand renewed for a further period of one year. Subject to such revised rats and terms as agreed to between the Parties hereto & until such time as agreed, on the similar terms and conditions as contained herein.
21. LIVING ACCOMODATION: The Client has to provide the Contractor’s detachment as deployed pursuant to this Agreement with comfortable bachelor accommodation. If the Client cannot provide accommodation to the guarding personnel deployed at their assigned location/s, the Contractor shall charge the Client ‘Living Accommodation Allowances’ per person per month as per the fixed slab rate shown below:
22. FORCE MAJEURE: The obligations of the Contractor will be suspended when the services under the said contract are subject to force majeure which can be termed as civil disturbance, riots, strikes, earthquake, storm, tempest, acts of God, emergency, such other acts as are beyond the control of the Contractor, etc..
23. CENTERAL AND STATE GOVERNEMENT RULES: Other applicable central and State government rules / acts/ modifications and changes done to the existing rules/ acts introduced from time to time, will be governing, applicable and binding on both the parties.
24. JURISDICTION: This agreement will be governed by the laws of India and the courts in Mumbai shall have exclusive jurisdiction.
25. ARBITRATION: If at any time any dispute or question arises between the parties touching the meaning. Construction or effect of this agreement or of any clause or thing herein contained or regarding the respective liabilities and rights under this Agreement, than every such dispute or question except where specifically provided shall be referred to arbitration, as per the provisions of the Arbitration and Conciliation Act 1996, as amended from time to time and for the time being in force. The place of arbitration or sitting shall be at Mumbai.
26. AMENDMENTS: This agreement shall not to be modified or amended unless the parties in their discretion mutually agree in writing, in which case such alterations shall be deemed to form of this Agreement and shall be binding on the Parties hereto.
Upon execution of this Agreement, all prior agreements, commitments, promises, assurance, oral or otherwise made by and between the parties hereto and not herein expressly provided for shall not have any legal significations and shall be treated as cancelled or superseded by this Agreement and shall be of no force and effect.
27. NO WAIVER: The failure to exercise or delay in exercising a right or remedy provided by this Agreement, by law or in equity does not impair or constitute a waiver of the right or remedy or an impairment of or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement, by law or in equity prevents further exercise of the fight or remedy or the exercise of another right or remedy available to a Party , whether contractual , equitable, proprietary or otherwise. The rights and remedies contained in this Agreement are cumulative and not exclusive of rights and remedies provided by applicable law.
28. SEVERABILITY: If any provision of this Agreement shall be rendered illegal or unenforceable, in whole or in part, by the laws, regulations or public policy of any jurisdiction, including without by a requirement, directive or guidance of the concerned regulatory Authority in India as applicable to mines, such provision shall to that extent be deemed not to form part of this Agreement but the validity or enforceability of any other provision of this Agreement shall not be affected. This parties may enter into good faith negotiations to amend such provision in such a way that it is legal and enforceable and to the maximum extent possible gives effect to the original intent of the parties in such regard provided that if this Agreement is not capable of continuing in existence without the relevant provision, either party may terminate this Agreement forthwith by notice to the other Party.
29.ENTIRE AGREEMENT: The terms and provisions contained herein constitute the entire agreement the parties , and this Agreement shall supersede any and all previous agreements, whether verbal or written, which have been entered into by and between the parties with respect to the subject matter hereof.
30. CAPTIONS: All captions contained in this Agreement are included only for convenience of reference and do not affect the construction of this Agreement or part thereof.
31. NOTICES: All notices and other communications required or permitted to be given under this Agreement shall be in writing and shall be delivered or sent by personal delivery, electronic mail, facsimile transmission or mentioned or certified mail (return receipt requested) postage prepaid to the address as mentioned hereinabove or facsimile number(s), or such as have been notified in writing by such Party to the other no less than 15 days in advance. The notices and communications sent in such manner shall, unless the contrary is proven, be deemed to have been duly received on the date of personal delivery, two business days following delivery, upon confirmation of transmission by the sender’s facsimile machine or electronic mail device or ten business days following mailing by registered or certified mail (return receipt requested postage prepaid.)
The soft copy of agreement is attached below.
