TERMS AND CONDITIONS:

PART-I GENERAL

1. First party to provide guarding service to the demised space of second party as per the deployment agreed.
2. The commencement of contract shall start from — and will end on ……
3. First Party shall raise an invoice for the services at the end of the month and the Second Party shall pay the same by the 5^th day of the subsequent month.
4. That the Second Party will be paid in advance an amount of Tk. ……  to the First Party to mobilize PSS force at The …… on the day of signing the agreement and the amount shall be adjusted with the last month of the withdrawal.
5. That the Second Party has agreed to increase Yearly salary of security personnel @ 10% to meet the living expenses per annum in case of further extension.
6. That the Second Party has agreed to pay festival bonus for two Eid Occasions to the First Party @ 50% of security personnel’s monthly salary bill.
7. VAT will be added with monthly security bill as per NBR rules and regulation.
8. That the First Party will consult and coordinate guard service affairs with the representative () or other person as decided by the authority.
9. The rate of salary against deployed security personnel are agreed as follows:

PART-II: OBLIGATION OF FIRST PARTY (PSS)

1. First Party (PSS) will provide standard uniform (shirt, trouser, boot, belt, badges, whistle, liner) and PSS security force will put their best services.
2. First Party (PSS) will uphold responsibility of security personnel in case of any casualty arise when on duty and the Second Party will provide all assistance on humanitarian ground.
3. First Party (PSS) will maintain constant liaison and contracts with the Second Party for the improvement of service and corrections as and when required.
4. First Party (PSS) shall take adequate measure to avoid loss, damage, theft etc.  at the demised premise while on duty.
5. First Party (PSS) shall proper trafficking and marshalling for vehicles approaching to parking area.
6. First Party (PSS) shall be responsible to look after the premises of the Second Party kept under their control.
7. First Party (PSS) will not be held responsible for the damage/sabotage caused to the property of the Second Party due to trade union, riots, mob, armed dacoit activities or force Major events (s).
8. First Party (PSS) should provide security coverage for the entry gate, office entry gate and fire exit gate according to the manpower deployment allowed by the second party.
9. First Party (PSS) should be held responsible upon full investigation for any kind of loss, damage, theft etc. during the duty of employed security guards on holidays and non operation hours, which remains under their custody.
10. First Party (PSS) to maintain strength as per agreement. In case of short fall, replacement shall be made by the First Party (PSS) at the earliest.
11. First Party (PSS) will take appropriate action in case of the Second Party raises any complain regarding the services of Guard/Supervisor.
12. First Party (PSS) shall take special care about night shift duty supervisor and guard. PSS also will ensure that the night shift duty guard must not take any food from known/unknown person while in duty.
13. Both representative of first party and second party and guard on duty will have both way communications through cell number after working hours.
14. The first party shall ensure safety passage of customers at exit point, office gate and Main Lobby.
15.  The Guard(s) shall not carry out any search (body or baggage) of any person entering or living the premises unless ordered by the Second Party. Such orders must be known to the persons on whom the search is to be carried out.
16. Second Party may ask for the compensation, only when it shall be proved beyond all reasonable doubt that the loss took place due to the dishonesty and negligence of the company and its employee and any authorized resident, employee or visitor of the premises is not directly or indirectly involved in the occurrence of such loss.                                                                                                                                                                                                                      PART-III: OBLIGATION OF SECOND PARTY ()

1. Second Party will make the payment through crossed cheque in favor of PLANET SECURITY AND LOGISTICS SERVICE LTD. having proper money receipt from First Party.
2. Second Party should pay separately for any additional services performed by the First Party as per rate of this agreement.
3. Second Party is not allowed to use any security personnel for any other reasons not mention in the contract without the prior permission of the First Party.
4. No employees of the first party will be employed by the Second Party within a period of 12(twelve) months of having left the services of the First Party. Second Party may recruit them only after a clear gap of 12 (twelve) months from the date of their leaving the service of First Party. In cause of breach of this clause; Second Party agreed to pay to the First Party 12 (twelve) month’s salary for every such person recruited.
5.  The security service stipulated in the agreement are for the exclusive use of the Second Party and cannot be subcontract or use by the Third Party without prior written consent of First Party.
6. The Second party shall implement all the standard security measures to upgrade the security of premises which include proper Lighting, Fencing, CCTV, Fire fighting and Emergency Alarm system, Protective Bar, Archway, Hand held metal detectors or any other devices/ system/ items….etc.  as required or recommended time to time.

PART-IV: CONFIDENTIALLY

1. First Party endeavor that his staff shall not at any time without the consent of the Second Party divulge or make shown any breach of trust, account matters transaction etc. to any person. This clause does not apply to information which is or available in public domain.

PART-V: PAYMENT

1. Payment to be made by the Second Party for the services to be provided here under shall be fundamental obligation under this contract. Any default in making payment shall entitle First Party suspend or terminate this contract with immediate effect with intimation in writing to Second Party.

PART-VI: FORCE MAJEURE

1. The obligation of the First Party will be suspended in case of force majeure events such as civil disturbance, riots, strikes, storm, tempest act of Allah, state of emergency etc.

PART-VII: VARIATION

1. The Payment to be made under this contract is on wage, cost of materials and other expenses. If there is increase in minimum mandated under low, First Party is at liberty to request for and increase the payment by giving 01 (One) month advance notice. In case the request of First Party is not accepted by the Second Party, First Party reserves the liberty to terminate the contract by giving 03 (Three) months prior notice in writing to the Second Party.
2. This contract is valid for 01 (One) year from the start date and will automatically be renewable unless party terminates the same by giving 02 (two) months notice in writing before the end of the contract period. Otherwise, Second Party will take liability equal to 02 (Two) month’s salary of First Party security Personnel. In the events of serious breach of any of the terms of the contract or repeated neglect by First Party, Second Party may terminate this contract by giving 60 (Sixty) days notice in writing during any stage of this contract.

PART-VIII: ARBITRATION

1. Any disputes or differences arise mentioned commitments of First Party. Relating to this contract interpretation of its terms will be resolved through mutual discussion through authorized representative of the parties. However if the disputes are not resolved by the discussion, then the matter will be referred for adjudication to the arbitration of a person appointed by the parties in Dhaka in accordance with the Bangladesh  arbitration Law. The decision of arbitration shall be final and binding on both parties.
2. Any notice contemplated by this deed shall be deemed to have been served of the same is posted Registered with address. The address of the First Party and that of the Second Party shall as these are written in this deed; any change of the same must be notified immediately to the concern office of the both parties.                                                          

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