This agreement
is made at ____________________on_____________________between
___________________________________(here
after referred to as ‘Client”) and Swiss
Arms Security Solutions having its office at Shop No.1,Above Ayyappa Bakery,
Immadihalli, Main Road, Whitefield, Bangalore-560067 –(hereafter referred
to as” Contactor”)
Whereas Client
is in need of a contractor who will provide Security personnel for maintaining
a continuous watch on watch over its property , the incoming & outgoing
goods, Vehicles ,the members and
visitors entering and leaving from the
premises, recording their timings of arrival & leaving and other
miscellaneous function in their Client Premises of above mentioned address.
And whereas
the contactor is doing the business of providing security arrangements through
its own personnel and has agreed to offer services on under mentioned terms
& conditions
Now it is hereby mutually agreed by and
between the Clientand the contactor.
1. Commencement and Duration:-
This agreement
shall come in to effect from ______________and shall remain in force for a
period of One year that is till___________________unless terminated earlierunder
the provisions of clause 6Termination herein.
It
is understood and agreed between the parties that the execution of the security
work of the Client by virtue of this Agreement is the sole responsibility of
the Contractor and that the Client shall not spare any personnel or supervisors
for the said work and that the Contractor shall perform the said work under its
own supervision. All the security guards assigned to the Client's premises by
the Contractor will report to the designated Client officer/Secretary and/or to
the Contractor.
The
Contractor shall observe the shift timings for the security personnel discussed
and mutually agreed upon. The Guards will rotate in the mutually agreed shifts.
Under exceptional circumstances, a guard may work for two shifts continuously.
No guard under any circumstances will have to work for more than two shifts
continuously. However, no guard will leave his duty unless relieved by his
successor.
The
parties agree and understand that the personnel employed by the Contractor
shall be the employees of the Contractor and shall have no employer-employee
relationship with the Client and shall never be entitled to claim or demand any
such relationship and further that the Contractor shall fully ensure and assure
that no such claim shall be made by his employees.
The Client will not retain any control and /
or supervision on the manner of discharge, dismissal, termination,
retrenchment, re-employment of the security guards engaged by the Contractor on
the Client's premises.
The
Contractor will ensure that none of his employees deputed at the Client’s
office premises for the security purpose, become members of any labour union.
2. Personnel
to be provided:-
a) The Contractor will provide security
services every day, irrespective of Holiday, Weekly off or Working day. At
present _____________are required for __________hours. The agreed compensationis Rs. ____________per _____________payable in full to the Contractor
by the Client. The total number of
guards required and the locations and timings are liable to change, depending
on the requirements of the Client.
b) The record of all personnel employed by the
Contractor will be subjected to reference and cross-checking by the Client.
However, the Contractor will be responsible for employing personnel having a
clean previous record and having no suit or legal matter or criminal complaint
/ process pending against him.All records will be the sole property of the Client.
c) The security personnel provided should be
able to understand Marathi / Hindi / English and should be able to write in
Marathi / English the basic books which their duty demands. They should be able to learn about the
operation of simple items like telephones, EPABX, stabiliser, fire protection
items, electrical meters, electrical water pump motor etc.
d) The security personnel provided should be
aware of Fire Protection techniques and should be clear about their duties in
an emergency.
e)It
is understood and agreed between the parties that the personnel employed by the
Contractor for the aforesaid work and deployed in the premises of the Clientshall
have to observe the regular disciplinary norms of the Client and that the
Contractor shall ensure that such discipline is being maintained by his
personnel. It shall also be the
responsibility of the Contractor to employ personnel physically capable of
performing the job and free from any diseases, addiction (to drugs or alcohol)
or intoxication
3. Remuneration:-
a) In consideration of the services rendered,
the Contractor shall be paid a consolidated compensation.
b) Payments will be made on monthly basis for
the previous month by the Clientafter submission of bills by the Contractor
duly certified by the Secretary of the Client in 7 working days.
c)It
will be the sole responsibility of the Contractor to ensure timely payment to
employees as also timely payment of charges as per stipulated rates.
4. Documents to be submitted by Contractor:-
The
Contractor shall submit the following documents to the Client prior to the
signing of this Agreement. All documents shall be photo copies and NOT ORIGINAL
documents. All photo copies shall be attested in original by rubber stamping
and signing the copy by a designated official of the Contractor.
The
documents to be submitted are:
a) Certificate of Establishment
b) Letter of Authority from the Contractor
authorising a specific person(s) from the Contractor's office to certify copies
of all documents submitted to the Client.
c) For each security guard assigned to work at
the Client's premises, the Contractor will provide a sheet with the guard's
full name, address proof , qualifications, signature , finger prints ( all 10
fingers ) and a full face passport size photograph.
d) Any other certificates / Forms as required by
Client.
5. General:-
a) The Contractor agrees that security
personnel employed shall not claim to do another personnel work in the Client
and further agrees that his security personnel shall abide by the rules and
regulations of the Client applicable at the principal place of work.The
Contractor will also keep the Client indemnified from the legal obligations or
financial burdens arising out of demands made by his employees for anything.
b) The Contractor shall provide security
personnel roundthe clock by changing the persons in rotation and replacement
subject to the condition that each security person shall work for 12hours duty
per shift.
c) The Contractor must ensure that his
employees do not join hands with the members of the Client, visitors, garden or
housekeeping personnel working in the Client.
d) The Contractor shall not arbitrarily
withdraw his men and create disturbance.
e)
The Client will not employ any security guard in the
employment without the knowledge of the Contractor.
f)
The Contractor and all its personnel shall not disclose,
divulge and / or disseminate to any third party information on the security
arrangement and duties of Security Personnel, information gained during the
execution of its duties of all the activities of the Client, its systems and
procedures etc.
6. Termination:-_
a) The Agreement may be terminated by either
party by giving a notice of 30 days in writing or payment thereof.
b) In case there
is any deviation from duties or negligence by the Contractor, the Client will
give notice to the Contractor in writing of such deviation or negligence. After 3 such occurrences of such deviation or
negligence, and after 3 such notices served on the Contractor, the Client
reserves the sole right to terminate this Agreement without giving notice under
the provisions of this Agreement.
c) In case the Contractordoes any act directly
or indirectly which affects or disturbs the working or puts the Client into
disrepute, the Client may summarily terminate this Agreement without notice
after joint investigation by both the Client and the Contractor.
In
witness whereof the Client and the Contractor have set their signatures into
this agreement on this
Day
01stDecember 2015.
Witness-1_______________________________________
Witness-2________________________________________
Witness-3________________________________________
For_________________________, ForSwiss Arms
Security Solutions
Name-
Name-
Title-
Title-
Date-
Date-
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