CONTRACT FOR SECURITY SERVICES
This agreement is made on the ……………….. and effective from ………………..to…………………. between M/s. LUNAR SECURITY SERVICES (PVT) LTD having its registered head office at Office No. 06, 2nd Floor, Ahmed Centre, I-8 Markaz, Islamabad and having its branch office, Office No. 01, First Floor, Makkah Plaza, I-10 Markaz, Islamabad (hereinafter called the “company”) of the one part and M/s. XYZ. Islamabad having its main office, ………………………….., Islamabad (hereinafter called the "Client") the other part.
Whereas the company is a firm formed for the purpose of operating security systems & services within Pakistan and has security guards who are fully trained in the field of security and are fully furnished with all necessary equipment to do the same. Whereas the company has agreed to provide security services for the persons and property set out in this agreement.
Now it is hereby agreed as follows:
This agreement embodies the entire understanding of the parties hereto on this subject and there is no commitment, terms , conditions, oral or written, express or implied, other than those contained therein.
This agreement may be extended for such period on a term mutually agreed upon by both the parties. The client shall at any time without assigning any reason whatsoever terminate this agreement by giving one month’s written notice in advance to the company. Similarly the company may at anytime by giving a notice of one month’s in advance in writing to the client, terminate this agreement. The contract shall take effect from the agreed date to operate and maintain security system at the client’s offices and installations (annexure attached).
1) This agreement will be in force for the period of the project for which the Client has hired the guards, extendable to any limit of time and may be terminated at the end of this period by either party, by giving to the other, not less than one month's notice. Either party may also terminate the agreement at any time during the term of the contract by giving to the other, not less than one month's notice.
- (a) The CLIENT shall clear all dues before termination of agreement and during the notice period.
- (b) If any or both parties do not aspire any change in this agreement nor notify for its cancellation altogether, at the end of stipulated period, the agreement shall deemed to be continuing on the same term and condition but with a 15% increase in the service charges on yearly basis afterward.
- (c) Company charges shall not be adjusted due to variations in its direct or indirect costs, unless such variations result from laws enacted by the Federal or Provincial Government or such variations are due to any other reasons resulting in increase of wages/salaries of employees. In that event, company may modify this agreement to adjust the service charges accordingly. If future events cause an increase or decrease in the scope of services provided under this agreement, the agreement shall be modified to adjust these changes.
- (d) That during the term of agreement if the client leaves or abandons the project without settling the dues for the service the company shall have the right to seek compensation through the local legal authorities or SECP, whichever is relevant.
- (e) In case the client abandons the site/project, and do not inform the company, within the next 30 days, the company shall give a notice of withdrawal of services to the available contact of the client and the local police station. After 07 days of the notice period the company shall withdraw the services and will not be responsible for any loss after that.
- (f) That if during the term of agreement the company leaves or abandons the sites/installations without notifying, the client shall have the right to contact SECP or other local authorities for settling the claims of demurrages thereof.
- (g) Upon termination of this agreement, company shall have the right to, and be permitted to withdraw all it’s security personnel provided to CLIENT and to remove all it’s equipment, apparatus, weapons, metal detector, vehicle checking mirrors etc which may have been brought and placed by company upon the Client’s premises from time to time.
2) The company shall provide service specifications / instructions, the righst and duties, and specifically the tasks to be performed by the supervisors & security guards.
3) The company shall provide reasonably educated staff, for efficient discharge of the works.
4) The company shall be solely responsible for regular payments of the wages of its staff and other remuneration and compensation as may be required under the relevant laws applicable from time to time.
5) The client shall not interfere with the right of the company to hire and fire its employees or in the selection or non-selection of anybody as its employees.
6) The persons employed by the company performing duties specified in this agreement shall be the employees of the company and both parties will not at any time, attempt to represent such employees as employees of the client.
7) The client shall not persuade/motivate the security supervisors/guards to leave the company and work for him directly.
8) As the security guards are meant for guarding of premises, they will not be employed as under:-
- Used of transit of cash or other valuable
- Act as a vehicle guardsman
- Watering of lawns, flower pots and maintenance of premises
- Washing and cleaning of car / area
- Fetching of water / tea / utility items
- To perform duties in civil / plain clothes
- To shift luggage / store from one place to another
- To accompany / escort the client / family members outside the premises, if he is a static guard
- Any task which distracts him from his main security duty at the premises.
9) The Company shall ensure that none of its employees or personnel assigned for the provision of services have a police record for any criminal activities or have even being convicted by the court of law for the criminal act committed by them.
10) The company shall submit the police clearance certificate of its guard force.
11) In the event of any war, declared or undeclared, enemy action, hostilities, act of God, or any other circumstances (whether or not of a similar nature to the foregoing) which is of a national nature or which fully encompasses the location of duty, over which the Company has no control, which causes the cessation of or substantial interference with the performance of the services by the company to perform the said services shall forthwith be suspended until such circumstances shall have ceased subject to the Company's forthwith notifying the Client to that effect in writing upon such suspension, and the Client shall not be liable to make any payment hereof in respect of the period of such suspension and any sum already paid there under in respect of such period shall on option of the Client be credited to the period following resumption of the said service or refunded forthwith by the Company to the Client, provided that at any time during the period of such suspension the Client shall also have the right to terminate the agreement forthwith.
12) Company shall, at all times during the currency of this agreement, indemnify the CLIENT against actual losses (except cash and valuables, which must be separately insured by the Client) and claims for injuries or damage to any person or property occasioned or caused by or resulting directly from the negligence or infidelity of company personnel, provided company shall not be responsible in any manner for any losses occasioned or caused by or resulting from the conduct (omission and commission) of the CLIENT or of the CLIENT’s employees or due to natural calamities, disturbances, mob attacks, etc.
13) The Company undertakes to indemnify the Client of actual losses not exceeding Rs. 1,00,000/- (Rupees one Hundred Thousand only) in respect of each loss, occasioned or caused by or resulting directly from the negligence of its employees provided the Company shall not in any manner be responsible for any losses occasioned or caused by or resulting from the conduct (omissions and commissions) of the employees of the Client. Client needs to be in good standing with the company vis-à-vis payment of all dues.
14) Company shall indemnify the clients against any claim for infringement of intellectual property rights due to any default by company in connection with the services and against costs and damages which the client may incur in any action for such infringement.
15) The company shall take responsibility of proper maintenance of client equipment and other fixed assets items. In case of any damage to or loss of these items or any other of client’s property as a result of clear negligence of any of the company’s employee, the client shall have rights to claim reasonable compensation from the company, provided an FIR has been lodged against the employee concerned and proper investigation has proved his involvement.
16) The company should submit the specification of the services weapons to be used by its guards and detail of ammunition used therein. Proper training for using the weapon is also essential. Company shall check the weapons from time to time, to evaluate the performance of the weapons
17) The Company is an independent Company and all services rendered under this contract are to be performed here as such, it being understood that the direction and manner of performance of services of the Company's employees shall be solely within the control of the Company.
18) The Company shall at all time be responsible for the conduct and behavior of all its employee and the personnel assigned for the provision of service and shall all time ensure that none of its employee shall commit any misconduct or create any nuisance or be negligent in the provision of service or act or behave against the interest of the client.
19) The company shall indemnify the Client and keep the Client harmless in so far and to the extent that it is entitled to an insurance indemnity in the circumstances, against any and all losses, claims expenses or liabilities due to injury or death to security personnel which may result from or be incurred while engaged in the services contemplated under this agreement except to the extent that the Client may by law be responsible to his / its own employees for workman's Compensation.
20) The agreement shall in all respect be interpreted in accordance with and governed by Pakistani law, the company shall be responsible for payment of all taxes required to be paid under Pakistani law and for any necessary withholding of taxes from the salaries of its employees.
21) Company acknowledges and shall cause its employee to acknowledge that owner ship of and title in and to all intellectual property rights, including patent, trade marks, service mark, copyright and trade secret rights, in the company proprietary information are and shall remain with the company. Company acquires only the right to use the information under the term and condition of this agreement and does not acquire any owner ship rights or title in or to the proprietary information.
22)All questions, disputes, controversies or claims arising directly or indirectly out of or consequent to this agreement shall be settled by mutual negotiations. Should such negotiations fail, the matter shall be referred to arbitration by four arbitrators, two to be appointed by the company and the other two by the Client in accordance with and subject to the Pakistan arbitration Act, 1940, or any statutory modification or re-enactment thereof. The venue of the arbitration shall be Islamabad.
22) The Company shall effect and maintain during the period of this agreement a policy or policies of public liability insurance to cover its liability for personal injury ( including death) in an amount not more than Rs. 100, 000/- ( Rupees One Lac Only) for all claims arising out of each occurrence. The company shall, if requested, furnish the client with a certificate or certificates issued by or on behalf of the insurance evidencing such insurances.
23) The company is not allowed to sublet, delegate or transfer of any other party the rights of this agreement.
24) Except as expressly otherwise provided, the client will take all precautionary measures as laid down in factory / establishment legislation to avoid any damage, loss or injury and will, provide timely all equipment and facilities at the location (s) where the Guarding Services are to be provided by the client as required to enable company employees to carry out the Guarding Services. Such equipment and facilities shall include, guard’s accommodation, first aid box, lighting, power, toilet facilities, telephone, office table, chair, drinking water, office stationery, files, ledgers, registers and etc. as the situation may require.
25) That the client management will not hand over any cash or costly item to the guards for loan/personal custody. If it fails to do so, the company will not be responsible for the losses.
26) The company shall not be responsible for any give/take between the security guard and the client or any other person, without the company’s letter of authority.
27) The company will carry out surprise visits and checks of the security guards at least twice a month and will submit a written report to the Manager.
28) Invoice for the service will be submitted on a monthly basis and sent within the last 5 working days of the month for which the services have been rendered and shall be payable latest by the 5th day of the following month.
29) In case of failure to clear dues within 60 (sixty) days, the company will issue a final notice for payment. The client will be obliged to pay the outstanding amount within the next 07 days after the issue of final notice by the company.
30) If the client fails to clear the dues, even after the 07 (seven) days notice period, the company may withdraw the services without any further notice.
31) In case of failure of payment within 30 (thirty) days after the termination of the services, The company shall have the right to seek help from SECP or any other legal authorities, as the case may be, for this purpose.
In witness whereof the parties have signed this agreement on the date year as mentioned above.
Client Company
Party of the second part Party of the first part
Client Rep. LUNAR SECURITY SERVICES
1. ______1. ______
WitnessesWitnesses
2. ______2. ______
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