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Security Sevices Agreement Standard - Writer Coeporate - Edit Yellow Part
Security Sevices Agreement Standard - Writer Coeporate - Edit Yellow Part
Security Sevices Agreement Standard - Writer Coeporate - Edit Yellow Part
BETWEEN
AND
WHEREAS:
a) The Company is in the business of providing ATM and allied services, Cash in
Transit Services, Cash Pick-up Services, etc. to various banks and is desirous of
availing specialized services, for its business with a view to streamline its
operations and thereby provide fast, prompt and efficient services.
I Scope of Service:
The Contractor hereby agrees to provide the Company and the Company hereby agrees
to avail from the Contractor the services as detailed in the Schedule/ Annexure ‘’ hereto.
1. This Agreement shall remain in force for an initial period of 12 months effective
from …….. to …………. unless terminated earlier by the Company, at any time by
giving written notice of 30 days to the Contractor. Notwithstanding what is stated
hereinabove, this agreement shall, stand terminated on the expiry of the term of this
Agreement. Unless the term is extended by way of renewal in writing before the expiry
of the term of this Agreement at the sole discretion of the Company.
2. The Company shall have a right to terminate this agreement with immediate
effect without assigning any reason thereto, if at any time during the term of this
agreement (I) the Company is informed or information comes to the Company’s
attention, or if it so decreed or adjudged by any court, tribunal or other authority, that
the Contractor is or may be in violation of any laws. (ii) in the event of any theft / loss
of cash / fraud/ robbery / dishonesty/ extortion / kidnapping / forgery / fraud /damages
or any dishonest acts wherein employee /employees/agents/subcontractors or
representatives of the Contractor is found to be responsible / part of crime / beneficiary
of the crime.
4. In the event of expiry/early termination, the Company will clear all dues to the
Contractor after deducting costs, damages, recoveries, penalties, fines, any payments
due to statutory/regulatory authorities etc., if any within prescribed time limit and the
Contractor will hand over all properties immediately of the Company in possession of
5. It is hereby agreed and understood by the parties that the provisions of this
section shall not limit or restrict, nor shall they preclude the Company from pursuing
such further and other legal actions against Contractor for any breach or non-
compliance of the terms of this agreement
III Consideration:
1. The Company agrees to pay the charges stated hereunder for the said services
to the Contractor:
a. For Gunmen/Security guards Rs. _______/- per month for __ hours. For 26
days.
b. GST, if applicable will be shown separately in the bill.
c. The overtime rate per hour will be Rs …after ….. hours of services (including
Lunch Break)
2. Monthly bills / Debit Notes / Credit Notes for providing the said services will
be raised by the Contractor on the Company within 7 days of the subsequent month
with details and the same to be paid by the Company within 60 days from receiving
bills after deducting tax deducted at source as applicable and any other costs, damages,
recoveries, penalties, recoveries, fines, any payments due to statutory/regulatory
authorities, etc.
3. The rates for any new or additional service will be discussed and mutually
agreed. Such rate agreement will be by an exchange of letters and will form a part of
this agreement.
4. Company can set off against / deduct / recover from the aforesaid charges and
any other sums payable by Company to the Contractor at any time in respect of any
amount due or claimed to be due to Company or any statutory or regulatory bodies by
the Contractor.
a. Company shall have the right to hold the outstanding invoices payable to
Contractor until such time Company is made good the loss suffered. The Company shall
also have the right to set off against the outstanding invoices and further invoices until
expiry or termination of this Agreement such amount as the Company may deem fit to
make good the loss suffered.
b. Where the Company has taken insurance on behalf of the Contractor, then the
Company shall lodge a claim with its Insurance Company. Company shall have right
to deduct the actual deductions made by the insurance company while settling insurance
claim amount as per insurance policy from the payment of the Contractor and until such
time the Insurance Company has settled the claim, the Company shall have the right to
hold any and all payments to the Contractor. And in case the claim of the Company is
rejected by the Insurance Company, then Company shall also have the right to set off
against the outstanding invoices and further invoices until expiry or termination of this
Agreement such amount as the Company may deem fit to make good the loss suffered.
6. The Contractor shall deduct applicable taxes at source if required under law;
(a) In case the Contractor is unregistered with the Goods and Services Tax Network
(GSTN), then the Contractor shall provide a copy of its PAN card to Company for the
purpose of reporting requirements and compliances. In case the GSTN details are not
provided by the Contractor initially and subsequently any revised details are made
available, appropriate measures shall be taken by for recovery of the same of any un-
collected taxes.
(b) The Contractor shall not dispute the billing details (address and GSTIN)
provided by Company in the purchase order.
(c) The Contractor shall provide Company with the following information:
(1) Harmonized System Nomenclature Code number of the relevant
goods/services.
(2) Services accounting code of the relevant goods/services.
(g) In case any credit is not received, or short credit is received or in case of any
error because of which no credit is received then such credit or short credit is not liable
to be paid by the Company. In case, any such amount is paid by Company, such
amounts shall be recoverable from the Contractor and/or adjustable against subsequent
payments.
(h) In terms of section 37, 38 and 39 of CGST Act, 2017, i.e. for monthly filing of
Form GSTR-1 (details of outward supply), GSTR-2 (details of inward supply) and
GSTR -3 (monthly return) respectively, Contractor and Company shall agree to share
information which would be uploaded by Contractor in their GSTR-1 and information
of input tax credit to be claimed by Company in such month. The said information shall
be shared within 1 working day following the due date to file the GSTR1 as per
regulations for the respective invoice.
(i) Unless otherwise specified by the Contractor, the charges exclude any taxes
(j) Company has agreed to accept the credit notes/ debit notes raised by the
Contractor in case of any mismatches.
(k) Company shall bear the tax implication for late acceptance of such credit `notes
as reversal of such credit note claimed by the Contractor would have interest
implication.
(l) The address of Company as above shall be the controlling location for all
operational purposes. Contractor shall deal with the controlling location only for service
provision, invoicing requirements, payment co-ordination and any other action arising
out of this Agreement.
The Contractor could specify the location of the company, whether Register Office or
the corporate office, with mutual discussions with Company from time to time for the
purpose of billing to it for services provided with respect to this agreement.
IV Obligations of Contractor:
1. The Contractor shall provide all its representatives and employees connected
with the performing of the various activities/duties under this Agreement with identity
cards which are to be carried at all times and shall be displayed prominently by the
employees and/or representatives of the Contractor and the same shall be produced to
the authorized representative of the Company as and when the same is demanded. If
the employee and/or representative of the Contractor fail to produce the identity card
as and when demanded by the authorized representative of Company, then Company
shall report of such incidence to Contractor in writing. Upon receipt of the notice
Contractor shall take strict action against the employee and/or representative.
5. The Contractor shall fully comply with all legislative, regulatory and/or other
government requirements, as required, and further undertakes that being completely
responsible and liable in all respects for and to its authorized representatives, it shall
timely pay, make good and settle all salaries, wages, benefits, compensation and claims
relating to and/or in respect of the authorized representatives, and that Company shall
not be construed to be the principal employer in respect of the authorized
representatives of Contractor either under the Contract Labour (Regulation and
Abolition) Act, 1970 and any other applicable laws there under or otherwise.
Contractor acknowledges and agrees that there is not and will not be any indirect or
direct relationship between Company and the authorized representatives of Contractor.
6. In case shortfall of manpower arises due to sickness, short leave / long leave or
any other reasons whatsoever the deficit of manpower will be immediately substituted
by the Contractor at no extra cost to the Company. Additional Gunmen/Security guards
will be posted to meet emergency situation on specific demand of the Company at
existing rates.
8. Subject to the terms of this Agreement, the Contractor shall be responsible for
the selection, hiring, assigning and supervision of the Personnel and shall employ
sufficient number of Personnel to provide the Services in a prompt and efficient
manner. The Contractor agrees that the Personnel shall work under the supervision,
control, and direction of the Company. The Contractor shall be responsible for all
negotiations with Personnel relation to salaries and benefits, and shall be responsible
for assessments and monitoring of performance and for all disciplinary matters;
9. The Contractor will be held liable for all cash losses and shortages: (a) resulting
from wholly or partially from any deliberate, negligent act, errors and omissions by its
employees / representatives; (b) resulting due to deliberate, conscious or intentional
10. The Contractor shall take necessary permissions in case of elections, strikes, etc
from appropriate authorities so that the operations are not affected.
11. The Contractor shall also be liable for penalties as mentioned in Annexure B.
12. The Contractor is registered with PF and ESI Corporation, the registration
numbers are as given below:
ESIC NO. : 33000674170001099
PF NO. : PUPUN1989555000
PT NO. : 99253305983P
PAN NO. : AKTPM5395B
GST NO. : 27AKTPM5395B1ZP
V Independent Contractor
The Contractor undertakes to indemnify the Company and hold its employees /
representatives / Directors harmless from, any loss, expenses (including reasonable
attorney’s fees and court costs), damage or liability arising out of any claim, demand
or suit resulting from (a) a breach of any of the terms of this Agreement, (b) the failure
of the Contractor to submit/file statutory requirements like ESIC, PF, PT, GST etc. (c)
the failure of the Contractor to have all permissions, licenses, rights and authority
necessary in order to fulfill or perform its obligations pursuant to entering into this
Agreement in compliance with applicable laws; any improper or negligent
performance, work, service, act or omission by the Contractor or any theft, robbery,
fraud or other wrongful act by the Contractor or by any of its officers, employees, staff
members, agents, representatives or other persons controlled by the Contractor. (d)
Cash losses / shortages or any such acts of the employee of the contractor.
VII Insurance:
1. The Contractor at all times to take, at its own costs insurance policies for
adequate amounts against dishonesty, theft, extortion, robbery, forgery, altered
documents, fraud, kidnapping, fidelity, negligence and/or any other dishonest acts on
the part of the Contractor’s employees or agents/subcontractor’s or representatives of
the Contractor. In the event, wherein the Contractor has taken its own fidelity guarantee
insurance, the Contractor shall submit the copy of valid insurance to the Company. The
contractor shall also submit the copy of renewal of policy from time to time upto the
expiry or early termination of the said agreement. The Insurance will be in the name of
the Contractor and the Company shall be the sole beneficiary of the policy.
2. The Contractor at all times shall maintain Personal accident insurance cover /
worker’s compensation insurance for all employees on the payroll of the Contractor to
cover any accidental death / injury / permanent or temporary disability while doing the
duty for the Company. In no case, the Company will be held liable for any death / injury
/ accident to Contractor’s employees while discharging the duty.
1. That it has procured all the necessary permissions, licenses and/or any other
sanctions that are essential for it to fulfill and perform the providing of the said services
under the terms of this Agreement to Company regularly and uninterruptedly.
X Legal Compliance:
2. The Contractor agrees that it shall comply with all applicable union, state and
local laws, ordinances, regulations and codes in performing its obligations hereunder,
including the procurement of licenses, permits and certificates and payment of taxes
where required. If at any time during the term of this Agreement, the Company is
informed or it is brought to the notice of the Company that the Contractor is or may be
in violation of any law, ordinance, regulation, or code (or if it is so decreed or adjudged
by any court, tribunal or other authority), the Company shall be entitled to terminate
this Agreement with immediate effect without assigning any reasons.
XI Arbitration
In case of any dispute or differences or question arises between the parties both the
parties shall resolve the dispute mutually. If the dispute does not get resolved mutually,
then the same shall be referred to the arbitration to the sole arbitrator to be appointed
by the Company, who shall be HOD or any senior authority personnel of the Company
under the provision of Arbitration & Conciliation Act,1996. The award shall be made
final and binding on both the parties. The cost reference and award shall be shared
equally by both the parties.
XIII The Contractor hereby represents and warrants that the Contractor shall
mandatorily undertake all of the preventive and precautionary measures required in
order to ensure the prevention of the spread of COVID 19 Virus, in strict compliance
In witness whereof the parties hereto have executed these as presence on the day and
date first hereinabove written.
Witnesses:
__________________________
Witnesses:
Scope of Services
1. The Contractor covenants to the Company that the business operations of the
Company are vital for the satisfaction of its Customers/Clients and moreover the
smooth functioning of which forms an essential ingredient of the economy of the nation.
The Contractor shall therefore provide Security Guards on all the days in the month to
the Company to enable it to discharge its duties towards its Customers without any
encumbrance and agrees to give staggered weekly offs to the Security Guards. And
shall replace another security guards in place of the security guard who is on weekly
offs
2. The Gunman must ensure that his weapon has been fully loaded and the safety
catch secured prior to leaving the WBS Office. - add" The gunman should possess a
minimum of 6 to 7 bullets."
3. Gunmen should be alert at all times and must unconditionally obey all
instructions given to them by the ATMO’s
4. Gunmen should periodically check the vehicle for any suspicious/ unidentified
objects and report the same to the ATMO.
5. One Gunman should exit the vehicle first and inspect the surroundings at the
site to ensure that the site is clear of customers and there are no suspicious movements
near the site. Once he is satisfied he can give go ahead to disembark from the vehicle
and proceed to the site. -
6. In case of a single gunman/guard - during transit he must be seated at the rear
of the vehicle to safeguard the cash trunk.
7. In case of 2 gunmen/guards - during transit 1 gunman sits in the front with the
driver, whereas the 2nd gunman sits at the rear along with custodians and security chest.
I shall not indulge into any illegal activities which will be harmful to the business of
M/s Writer Business Services Pvt. Ltd. And if found may be dealt legally
Date: - Signature
4 Damage /loss or destruction of WBSPL or clients Gunman agency to bear the actual
Property due to negligence, lack of due care loss or repair cost /Addition
Rs.10,000/- per incident
6 OTHERS
a)Appearance Rs.100/- per instance
⮚ Unshaven/improperly shaven appearance
during work hours/workplace in the course of business
activity
⮚ Untidy appearance that means unkempt hair,
unwashed face, odorous appearance.
b) Uniform
⮚ shabbily clothed
⮚ shirt sleeves rolled up Rs.100/- per instance
⮚ clothes not ironed
⮚ socks not worn
⮚ unpolished shoes
⮚ tie not worn or worn shabbily