FACILITY MANAGEMENT SERVICES AGREEMENT

A contract for running the services of a building, which lets no part of it

Executed at __________ on __________.

Parties

1. The Client — __________, of __________, telephone __________, email __________, acting through __________ ("the Client").

2. The Service Provider — __________, of __________, telephone __________, email __________, acting through __________ ("the Service Provider").

Background

A. The Client is responsible for this building or complex in __________ ("the Premises"): __________

B. The Client engages the Service Provider to provide the services below at the Premises.

1. Term

1.1 This agreement runs from __________ to __________, unless it is ended earlier under clause 8.

2. The services

2.1 The Service Provider will provide these services ("the Services"):

__________

2.2 It will deploy at least these staff, by role and shift:

__________

2.3 It will keep a daily attendance register of the staff deployed, open to the Client at any time. A post left unfilled for a shift is a missed service level.

2.4 It will not replace the supervisor, or more than a quarter of the staff in any month, without telling the Client in advance.

3. Service levels

3.1 The Service Provider will meet these response and completion times:

__________

3.2 For each service level missed in a month, the Client may deduct 1 per cent of that month's fee, up to a total of 10 per cent in any one month. The deduction is agreed compensation for the reduced service, and does not stop the Client ending this agreement under clause 8 for persistent failure.

4. The fee

4.1 The Client will pay the Service Provider __________ a month, within 15 days of receiving a correct tax invoice for the month, less any deduction under clause 3.2.

5. The Service Provider's staff

5.1 The Service Provider is the employer of every person it deploys. It alone is responsible for their wages, their statutory contributions, provident fund and employees' state insurance included where they apply, and compliance with the labour laws that apply to them.

5.2 With each monthly invoice, the Service Provider will give the Client proof that the previous month's wages were paid and the statutory contributions deposited. The Client may withhold the fee until that proof is given.

5.3 The Service Provider will have each person it deploys verified by the police before deployment, and will give the Client the verification record on request.

5.5 The Service Provider indemnifies the Client against any claim by its staff, or by any authority, arising from their employment.

6. No letting, no occupation, no rent

6.1 This is a contract for services. It does not let or license any part of the Premises to the Service Provider. Any room the Client allows the Service Provider to use for staff or equipment is used only for providing the Services, and must be cleared when this agreement ends.

6.2 The Service Provider will not collect rent, maintenance charges or any other money from residents, occupiers or visitors, unless the Client authorises it separately and in writing.

7. Care and insurance

7.1 The Service Provider will take proper care of the Premises and equipment, and will make good any damage its staff cause.

7.2 It will hold insurance against its liability to third parties arising from the Services, and give the Client a copy of the policy on request.

8. Ending the agreement

8.1 Either party may end this agreement by __________ days' written notice.

8.2 The Client may end it at once by written notice if the deduction under clause 3.2 reaches its monthly cap in two consecutive months, or if the proof required by clause 5.2 is not given for two months running.

8.3 When this agreement ends, the Service Provider will, for 15 days, help the Client's next contractor take over: handing over keys, equipment and service records, the logs of every lift, generator and pump, and an explanation of any recurring fault.

9. General

9.1 This agreement is governed by the law in force in __________, and only the courts having jurisdiction where the Property is situated may decide a dispute about it.

9.2 A notice under this agreement is given in writing, by hand or by email, to the address given for the other party above.

Personal data

This notice is given under the Digital Personal Data Protection Act, 2023.

The names, addresses, telephone numbers and email addresses in this document are collected for one purpose: running the Services, and checking that the Service Provider's staff are verified and paid. The Client and the Service Provider each keep a copy. It may be shown only to the parties, the Client's managing committee or office-bearers, and the police for verification, and it will not be used for marketing.

If the engagement does not go ahead, the personal data in this document is kept for 90 days from that decision and then erased. If it goes ahead, this record is kept for the term of the engagement plus 12 months and then erased, unless a law requires a particular record to be kept longer.

Consent to the use of personal data in this document may be withdrawn at any time by writing to __________. A request to correct inaccurate data, to erase data once its purpose has ended, or to complain about how it has been handled may be sent to the same address, and will be answered within 30 days.

This document does not collect any Aadhaar number, PAN, bank-account detail or copy of an identity document of any resident; staff identity records are held by the Service Provider as their employer, not in this document.

Signatures

For the Client
Signature: ________________________
Name: __________

For the Service Provider
Signature: ________________________
Name: __________

Witnesses

Witness 1
Signature: ________________________
Name: ________________________
Address: ________________________

Witness 2
Signature: ________________________
Name: ________________________
Address: ________________________