Bodyguard Agreement Draft

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AN AGREEMENT made on the 04 th July 2018 between BAKTI PUSAKA WATAN ENTERPRISES

SDN.BHD. (Company No:29948-P), a company incorporated in Malaysia under the Companies


Act.1965 and having its place of business at (HQ): NO.6, JALAN CEMPAKA 14, TAMAN
CEMPAKA, 68000 AMPANG, SELANGOR.
(Here in after referred to as “BAKTI PUSAKA WATAN ENTERPRISES SDN.BHD.”) of the one part
and NATURAL HEALTH FARM MARKETING(M)SDN BHD a company also incorporated in
Malaysia and having its place of business at NO.39,JALAN PENGACARA U1/48, SEKSYEN U1,
TEMASYA INDUSTRIAL PARK,40150 SHAH ALAM, SELANGOR (Hereinafter referred to as
“NATURAL HEALTH FARM MARKETING(M) SDN BHD” of the other part.)

2. RECITALS
WHEREAS :
2.1 BAKTI PUSAKA WATAN ENTERPRISES SDN.BHD. is a company which provides
bodyguard services to NATURAL HEALTH FARM MARKETING(M) SDN BHD. and it has a
valid license from relevant authorities to provide bodyguard services and it is further
licensed to employ person/s entitled to have carry and use licenses for pistol / revolvers
(“the Security License”).

NATURAL HEALTH FARM MARKETING(M) SDN BHD is desirous of obtaining the services
of ONE (1) bodyguard assistants who is in possession of the carry and use license for
pistol / revolvers (“C&U License”) and also in possession of the “Equipment (as here in
after defined)” in the employment of BAKTI PUSAKA WATAN ENTERPRISES SDN.BHD.
to provide protection, guarding, defense, safety and security to properties and
personnel or for such properties and personnel that may from time to time determine
upon such term, condiotion and stipulations hereunder contained

3. WHEREBY IT IS AGREED AS FOLLOWS:


3.1 CONSIDERATION
In consideration of the mutual benefits and premises hereunder-contained,
BAKTI PUSAKA WATAN ENTERPRISES SDN.BHD. shall provide ONE (1)
bodyguard/Armed Guard assistants namely :

1. ALIASA

(hereinafter collectively referred to as “ Armed Bodyguard Services” and


individually as “Armed Bodyguard Services”) jointly and / or severally to provide
security services and to serve as Security Assistants to NATURAL HEALTH FARM
MARKETING(M) SDN BHD at the office NO.39,JALAN PENGACARA U1/48,
SEKSYEN U1, TEMASYA INDUSTRIAL PARK,40150 SHAH ALAM, SELANGOR and at
such other place as may be directed by NATURAL HEALTH FARM
MARKETING(M) SDN BHD. from time to time for a duration of ONE (1) YEAR
from the date of this AGREEMENT (HERE IN AFTER REFERRED TO THE “Initial
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Contract Period”) subject to extension / renewal for further periods of time as
stipulated in Clause 3.2 of this Agreement (hereinafter referred to as “Extended
Contract Period”).

3.2 RENEWAL AND ENTENSION

3.2.1 This Agreement shall take effect from the date of this Agreement and shall
be for a period of ONE YEAR and shall be automatically renewal /
extended there after for a further period of ONE (1) MONTH (here in after
referred to as the “Contract Period”) unless BAKTI PUSAKA WATAN
ENTERPRISES SDN.BHD shall received a written notice from NATURAL
HEALTH FARM MARKETING(M) SDN BHD not less than one (1) month
before the expiry of the contract that the services is not to be renewal /
extended.

3.2.2 All renewal / extension of this Agreement shall be on the same terms and
conditions as herein contained.

a) In the event the Security License shall have expired or an appropriate


authority shall at any stage of the Initial Contract Period or the Extended
Contract Periods (if applicable) revoke or suspend the Security License, this
Agreement shall automatically lapse and hereupon, everything herein
contained shall determine and be at an end and the parties shall have no
further claims against each other.

4. RENEWAL OF LICENSES
BAKTI PUSAKA WATAN ENTERPRISES SDN.BHD. undertakes and covenants that it shall
at all times take all necessary and appropriate action and shall use its best effort and
endeavors to do everything on BAKTI PUSAKA WATAN ENTERPRISES SDN.BHD. part to
procure the renewals of the C&U License and the Security License (collectively known
as the “Licenses”) throughout the duration of this Agreement including the Extended
Contract Periods. The fees for the renewal of the licenses shall be borne by BAKTI
PUSAKA WATAN ENTERPRISES SDN.BHD.

5. DUTIES AND RESPONSIBILITIES


5.1 The Security Assistant/s shall primarily provide protection, guarding, defense,
safety and security to personnel and properties or such other personnel and
properties as may from time to time be directed by NATURAL HEALTH FARM
MARKETING(M) SDN BHD especially to its executive against theft, robbery,
bodily harm, treats and the like.

5.2 BAKTI PUSAKA WATAN ENTERPRISES SDN.BHD. shall apply and obtain valid
C&U License for each of the Security Assistant/s and shall ensure that each of the
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Security Assistant/s possesses a valid C&U License at all times in order for the
Security Assistant/s to adequately perform all function of a Security Assistant.

5.3 BAKTI PUSAKA WATAN ENTERPRISES SDN.BHD. undertakes that pistols,


revolvers and ammunitions (“Equipments”) which are to be used by the Security
Assistants shall at all times be kept in safe custody at such place/s or premise/s
as may be directed by BAKTI PUSAKA WATAN ENTERPRISES SDN.BHD. from
time to time subject to conditions of the C&U License.

5.4 The Security Assistant/s shall, during the continuance of the Initial Contract
Period and the Extended Contract Periods (if applicable), be punctually present
and physically present at all places as may be stipulated or directed by NATURAL
HEALTH FARM MARKETING(M) SDN BHD and they shall at all times honestly
and diligently perform their duties as Security Assistant/s to the best of their
abilities and skills expected of them.

5.5 The Security Assistant/s shall not absent him/themselves from their duties
without prior written consent of NATURAL HEALTH FARM MARKETING(M) SDN
BHD First have been obtained.

5.6 The Security Assistant/s normal working period is NINE (9) hours a day.

5.7 When NATURAL HEALTH FARM MARKETING(M) SDN BHD . shall deem it
necessary for a Security Assistant/s to be present and / or make himself available
to carry out his duties at any irregular / odd hours of either the day or night, such
Security Assistant/s shall do so punctually and without any reservation and
under such circumstances it shall be deemed to be normal working hours of the
Security Assistant/s shall be entitles to claim for extra incentive, overtime and /
or allowance.

5.8 BAKTI PUSAKA WATAN ENTERPRISES SDN.BHD. shall ensure that the Security
Assistant/s be deployed for the full use and control of NATURAL HEALTH FARM
MARKETING(M) SDN BHD at all times during the Initial Contract Periods and the
Extended Contract Periods ( if applicable ).

5.9 Throughout the duration of providing the security services as stipulated in this
Agreement, BAKTI PUSAKA WATAN ENTERPRISES SDN.BHD. be entitled to
replace any one or more of the Security Assistant/s above mentioned with other
Security Assistant/s, subject to the agreement and approval by NATURAL
HEALTH FARM MARKETING(M) SDN BHD

5.10 Not withstanding anything in this Agreement, NATURAL HEALTH FARM


MARKETING(M) SDN BHD shall at its absolute discretion give notice to
accordance with Clause 11 to terminate, extend, replace, increase or reduce the

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number of Security Assistant/s. BAKTI PUSAKA WATAN ENTERPRISES SDN.BHD.
shall act accordingly to the written notice of NATURAL HEALTH FARM
MARKETING(M) SDN BHD . In the event of such notice/s, the fees payable for
the Security Assistant/s (as provided in Clause 6 below) shall be adjusted
accordingly.

6. PAYMENT AND FEES

6.1 NATURAL HEALTH FARM MARKETING(M) SDN BHD shall pay BAKTI PUSAKA
WATAN ENTERPRISES SDN. BHD. one + one (1+1) month deposit for each
bodyguard upon the execution of the contract. The deposit will be refunded
when the contract ends to provide additional period of services equal to sum of
deposit.

6.2 Subject always to the provision of Clause 9 and 11 hereof, for the duration of the
Initial Contract Period and the Extended Contract Periods (if applicable),
DAMOFA HOLDING SDN.BHD. shall pay BAKTI PUSAKA WATAN ENTERPRISES
SDN.BHD. an aggregate fee of RM 7000.00 + 0% GST per month for 1 Bodyguard
Services. Such fees shall be payable by NATURAL HEALTH FARM MARKETING(M)
SDN BHD not later than 25th of each calendar month.

6.3 Subject always to the provision of Clause 5.7 hereof, for the duration of the
Initial Contract Period and the Extended Contract Period (if applicable), BAKTI
PUSAKA WATAN ENTERPRISES SDN.BHD. shall submit claims for extra working
hours of the bodyguard and the NATURAL HEALTH FARM MARKETING(M) SDN
BHD. shall pay BAKTI PUSAKA WATAN ENTERPRISES SDN.BHD. the claims
thereto. The overtime will be charged at RM35.00 per man hour. The rate
schedule:
a) After 9 hours working day, 1.0 times RM35.00 = RM35.00
b) Sunday 1.5 times RM35.00 = RM52.50
c) Public Holiday 2.0 times RM35.00 = RM70.00

6.4 In the event NATURAL HEALTH FARM MARKETING(M) SDN BHD decided to pay
bonus to the Security Assistant/s during the Initial Contract Period and/or the
Extended Contract Periods (if applicable), the NATURAL HEALTH FARM
MARKETING(M) SDN BHD . may at its own discretion elect to pay the agreed
bonus sun directly to the Security Assistant/s.

7. INSURANCE
During the continuance of the Initial Contract Period and the Extended Contract
periods (if applicable), BAKTI PUSAKA WATAN ENTERPRISES SDN.BHD. shall be
responsible to provide insurance coverage for each Security Assistant as follows:

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TYPE SUM INSURED
1. Fidelity Guarantee RM 300,000.00
2. Error and Omission RM 150,000.00
3. Public Liability RM 1,000,000.00
4. Group Personal Accident RM 10,000.00

The insurance policies shall be taken for the benefit of the Security Assistant/s and the
premium for such insurance policies shall be come BAKTI PUSAKA WATAN
ENTERPRISES SDN.BHD.

8. DOCUMENTS

BAKTI PUSAKA WATAN ENTERPRISES SDN.BHD. shall at all times provide NATURAL
HEALTH FARM MARKETING(M) SDN BHD all copies of documents arising from or
incidental to this Agreement, the employment of the Security Assistant/s (including
claims, receipts, vouchers, photocopies, of licenses and such other documents as may
be required by NATURAL HEALTH FARM MARKETING(M) SDN BHD.

9. TERMINATION OF SECURITY ASSISTANT/S

9.1 In the event the services of any one or more of the Security Assistant/s are terminated
for any of the below mentioned reasons or if any one or more of the Security Assistant/s
shall leave the employment of BAKTI PUSAKA WATAN ENTERPRISES SDN.BHD. during
the Initial Contract Period or the Extended Contract Periods (if applicable), the fees
payable NATURAL HEALTH FARM MARKETING(M) SDN BHD. under Clause 6 hereof
shall be reduce accordingly and proportionately with effect from the date following the
date the services or employment of such Security Assistant/s is terminated.

9.2 The services of Security Assistant/s may be terminated for any of the following reasons:

a) When the Security Assistant is found guilty of any misconduct, negligence


whether willful or not, criminal act, default or any behavior deem unsatisfactory
to NATURAL HEALTH FARM MARKETING(M) SDN BHD.

b) When the Security Assistant is convicted of any offence/s, other than an offense
under the Road Traffic Laws of Malaysian or any other countries for which a fine
or non-custodial penalty is imposed;

c) When the Security Assistant becomes insane, of unsound mind or/a patient of
any Mental Hospital under the Mental Disorder Ordinance,1952;

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d) When the Security Assistant is found to be a drug addict or in possession of drug
or any manner dealing with drug.

e) If the Security Assistant shall fail to perform any of his duties functions stipulated
by NATURAL HEALTH FARM MARKETING(M) SDN BHD. and BAKTI PUSAKA
WATAN ENTERPRISES SDN.BHD.

f) If NATURAL HEALTH FARM MARKETING(M) SDN BHD shall in its absolute


discretion decide that the services of any or more of the Security Assistant/s be
terminated.

10. TRANSFER & OTHER MATTERS OF EMPLOYMENT OF SECURITY ASSISTANT/S


10.1 BAKTI PUSAKA WATAN ENTERPRRISES SDN.BHD at all times consider the
written requirement of which may be given from time to time by NATURAL
HEALTH FARM MARKETING(M) SDN BHD to BAKTI PUSAKA WATAN
ENTERPRISES SDN.BHD. in respect of the transfer or reassignment of any or
more of the Security Assistant/s to any place wheresoever’s or any company
whatsoever within Malaysia and in respect of any other matter whatsoever
pertaining to the employment, duties and functions of the Security Assistant/s.

10.2 Unless otherwise expressly stated in this Agreement, all written instruction of
NATURAL HEALTH FARM MARKETING(M) SDN BHD. referred to in this
Agreement, shall mean instructions duly signed on behalf of the Company.

11. NOTICE/MODE OF NOTICE

11.1 Notwithstanding anything to the contrary, BAKTI PUSAKA WATAN


ENTERPRISES SDN.BHD and NATURAL HEALTH FARM MARKETING(M)
SDN BHD be entitled at any time to terminate this Agreement by serving
one (1) month’s notice in writing to either party and this Agreement shall
be terminated one (1) month from the date of the said notice.

11.2 Notwithstanding anything to the contrary, BAKTI PUSAKA WATAN


ENTERPRISES SDN.BHD and NATURAL HEALTH FARM MARKETING(M) SDN
BHD shall be entitled at any time to terminate this Agreement by serving
twenty four (24) hours notice in writing to either party and this Agreement
shall be terminated on the expiry of that period of time. In consideration of
such termination of such termination, either party will compensate the
other with a gross sum of ONE + ONE (1+1) month’s fees as stipulated in
Clause 6.2.

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11.3 Any notice required to be served by either party under this Agreement
shall be given in writing to the other party and the same shall be deemed
to have been sufficiently served when it is sent to:

-to the other party’s address as stipulated in this Agreement ;or

-any other address which one party notifies the other party of in writing;

-and such written notice is sent by registered post or hand delivered to the
other party and in the case of the former it shall be deemed to have been
served when the registered letter would in the ordinary course of post be
delivered.

12. MISCELLANEOUS

(a) In this Agreement unless there is anything in the subject matter or context
inconsistent therewith words importing singular number or the masculine
gender only shall include the plural number or feminine gender and words
importing individual persons shall also be deemed to include corporations.

(b) This Agreement shall be binding upon the successors in title and permitted
assign of the parties to this Agreement.

(c) If at any time the provisions of this Agreement are or the become illegal, invalid
or unenforceable in any respect whatsoever the remaining provisions of this
Agreement shall in no way be affected or impaired.

(d) Time shall be of the essence of this Agreement.

IN WITNESS WHEREOF of the parties hereto have hereunto set their hands on the day and
year first above written.

 Signed for and on behalf of


BAKTI PUSAKA WATAN ENTERPRISES SDN.BHD. (Company No : 29948-P)

Name :

NRIC No :

 Signed for and on behalf of


NATURAL HEALTH FARM MARKETING(M) SDN BHD

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Name :
NRIC No :

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