SECURITY AGENCY AGREEMENT
This Agreement is made at __________ on __________.
BETWEEN
__________, __________, of __________, phone __________ (the "Client");
AND
__________, of __________, holding licence no. __________ issued by the __________ under the Private Security Agencies (Regulation) Act, 2005, valid until __________ (the "Agency").
The Client and the Agency are each a "Party" and together the "Parties".
RECITALS
A. The Client wishes to engage the Agency to supply, deploy and supervise security guards at the site(s) described below, and the Agency has agreed to do so on the terms of this Agreement.
B. The Agency confirms that it holds a subsisting licence under the Private Security Agencies (Regulation) Act, 2005 for the jurisdiction in which the site(s) are situated, that every guard it deploys under this Agreement has undergone the verification of antecedents required by s.9 of that Act and the training prescribed under it, and that it will keep that licence current for the term of this Agreement.
C. The Agency, and not the Client, is the employer of every guard deployed under this Agreement.
NOW THIS AGREEMENT WITNESSES as follows.
- SCOPE OF SERVICES
1.1 The Agency shall supply, at the Client's site(s) described in clause 2, security guards to perform watch and ward duties, access control and such other security-related duties as the Client reasonably directs, consistently with the Agency's licence and applicable law.
- SITE, GUARDS AND SHIFTS
2.1 Site(s): __________.
2.2 The Agency shall deploy __________ guard(s) at the site(s) at any one time, on the following shift pattern: __________.
2.3 __________.
2.6 If a deployed guard is absent, unfit for duty, or the Client reasonably objects to a guard's conduct, the Agency shall provide a suitable substitute within __________ hours of being notified. Charges for a post left vacant beyond that window shall be reduced pro rata for the period it remained vacant.
- VERIFICATION, TRAINING AND CONDUCT
3.1 The Agency warrants that it has verified, and will verify for any replacement or additional guard, the antecedents of every guard deployed under this Agreement in accordance with s.9 of the Private Security Agencies (Regulation) Act, 2005, and that every such guard has undergone the training that Act and the rules made under it require, before deployment.
3.2 The Agency shall furnish the Client, on request, with the name, photograph, identity proof and verification/training particulars of every guard deployed at the site(s).
3.3 The Agency shall ensure its guards are properly uniformed while on duty, behave courteously, do not consume alcohol or any intoxicant while on duty, and follow the Client's reasonable site instructions and any standing orders the Client gives in writing.
- CHARGES AND PAYMENT
4.1 The Client shall pay the Agency __________ per guard per month, being a total of __________ for the guards deployed under clause 2.2, payable on or before day __________ of each calendar month against the Agency's invoice for the preceding month.
4.2 __________.
4.3 If payment is delayed beyond seven days of the due date, the Agency may, after seven further days' written notice, suspend deployment without that suspension being a breach of this Agreement by the Agency.
- STATUTORY COMPLIANCE
5.1 The Agency, as employer of the guards, is solely responsible for paying their wages at not less than the rate the State Government has notified for security guards under the Minimum Wages Act, 1948 where such a notification applies, and for deducting and depositing contributions under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and the Employees' State Insurance Act, 1948 where those apply to it, and shall produce evidence of compliance to the Client on reasonable request.
5.2 The Agency shall maintain workmen's compensation or an equivalent insurance cover for the guards it deploys, and shall produce evidence of that cover on request.
- LIABILITY AND INDEMNITY
6.1 The Agency shall indemnify the Client against loss caused by the proven theft, negligence or wilful misconduct of a guard deployed under this Agreement, to the extent such loss is not covered by insurance the Client itself maintains, and subject to the Client giving the Agency prompt written notice and a reasonable opportunity to investigate.
6.2 The Client shall provide the guards with a safe place to perform their duties and shall not direct a guard to do anything unlawful or outside the scope of this Agreement.
6.3 Nothing in this Agreement makes the Client the employer of any guard, and the Client shall not exercise the degree of control over a guard's engagement, wages or dismissal that would suggest otherwise.
- TERM AND TERMINATION
7.1 This Agreement commences on __________ and continues for a minimum period of __________ months, and thereafter until ended by either Party giving the other __________ days' written notice.
7.2 Either Party may end this Agreement immediately on written notice if the other commits a material breach not remedied within fifteen days of written notice to do so, or if the Agency's PSARA licence is suspended or cancelled.
- DISPUTE RESOLUTION AND GOVERNING LAW
8.1 __________.
8.2 The seat and venue of any arbitration, and the place of any court proceedings, is __________.
8.3 This Agreement is governed by the laws of India as in force in the State of Punjab or the Union Territory of Chandigarh, according to where the site(s) named in clause 2.1 are situated.
- GENERAL
9.1 This Agreement is the entire understanding between the Parties about the services described and may be amended only in writing signed by both.
9.2 Neither Party may assign this Agreement without the other's written consent; the Agency may not sub-contract deployment to another security agency without the Client's written consent.
IN WITNESS WHEREOF the Parties have signed this Agreement at __________ on __________.
SIGNED for the CLIENT
__________
Signature: ______________________________
SIGNED for the AGENCY
__________
PSARA Licence No.: __________
Signature: ______________________________
WITNESSES
- __________
Signature: ______________________________
- __________
Signature: ______________________________