Docstoc

outsourcing-agreement DAV School

Document Sample
outsourcing-agreement DAV School Powered By Docstoc
					                                                   OUTSOURCING AGREEMENT
                                               (House Keeping, Catering, Maid Service)



This Outsourcing Agreement is entered into this (15/05/2012) by and between:


                      Ms. Sunita Sharma
                      711/23, Opp. DAV Boys Senior Secondary School, Luxmi Garden Khandsa Road
                      Gurgaon, Haryana.
                      hereinafter referred to as the Client;


                                                     - and –
                      Home Clean India,
                      LGF-7 Hotel Devi Place Opp. Raj Cinema Old Delhi Road Sector 14, Gurgaon,
                      Haryana as a“Service Provider”

                                                           WITNESSETH:

WHEREAS, the Service Provider is a registered and legitimate independent Service Provider of Cleaning , marketing and
human resource management (HRM) consultant authorized render personnel outsourcing, temporary staffing, executive
selection, domestic placement, staff appraisal, training, technical services, janitorial and manpower services, and other
allied services;

WHEREAS, the Client has a need for and desires to engage the Service Provider;

WHEREAS, the Service Provider has represented that it has the technical expertise, experience and resources to provide
the aforementioned services and has agreed to accept Client’s engagement;

NOW THEREFORE, the parties agree as follows:

1.    SCOPE OF SERVICES

The Service Provider shall provide services in Events Management, MIS, Customer and General Support Services
(hereinafter collectively referred to as OUTSOURCED SERVICES) for the Client. A detailed description of such Outsourced
Services is attached as ‘Annex A”. Client, may reasonably increase, reduce or modify the scope of the Outsourced
Services, with prior written consent of the Service Provider subject to a corresponding fee adjustment.

2.    TERM OF THE CONTRACT

2.1       The term of this contract shall be for a period of One Year commencing on 15/05/2012 until 14/05/2012, unless
          sooner terminated as provided hereunder. The parties may extend the term of the contract at least thirty (30) days
          prior to the date of expiration of the period or any extension thereof.

2.2       Either party may preterminate this Agreement for violation of any provision of this Agreement upon written notice
          provided that the party in breach is given five (5) days from receipt of written notice to remedy the said breach.

2.3       Either party may also preterminate for any just cause upon thirty (30) days advanced notice in writing to the other
          party or the equivalent of one month billing in lieu thereof. Any pretermination of this Agreement shall not prejudice
          the rights or claims of either party which may have accrued prior to such termination.

3.    FEES AND PAYMENT TERMS

3.1       For and in consideration of the SERVICE Provider’s performance of the Outsourced Services , the Client shall pay
          the Service Provider an agreed fee detailed and itemized in a SCHEDULE OF FEES AND CHARGES attached
          to this Agreement as ”ANNEX B”

3.2       Such fee shall be payable within fifteen (15) working days from receipt of the Billing or Statement of Account. Any
          overdue amount shall automatically bear interest at the rate of 2% per month until complete payment is made.

3.3       Special works, extra or additional services not contemplated in this agreement shall be covered by special
          assessment to be mutually agreed upon by the parties.

3.4       Out of pocket expenses incurred by the Service Provider on the Client’s behalf shall be reimbursed by the latter.


Home Clean India
(A Venture of U3S Investment Consultant Pvt. Ltd.)
LGF 7 , Hotel Devi Place Opp. Raj Cinema Old Delhi Road
Sector-14, Gurgaon, Haryana-122001
Tel:- +91 7503802553, Email:- Info@homeclean.in web: www.homeclean.in
3.5       In the event of an increase in the cost of performing any particular service as a result of government mandated
          wage orders, legislation or regulation, Client agrees to a proportionate adjustment of fees payable. Should the
          parties fail to agree on fee revision, either party may terminate affected services by giving prior written notice to
          terminate to the other party on account thereof.

3.6       The parties may likewise mutually agree on fee adjustments during this Agreement subject to factors such as but
          not limited to economic or business contingencies.

4.    OBLIGATIONS OF THE PARTIES

4.1       Service Provider

4.1.1     Service Provider shall render and deliver the Outsourced Services at the premises/offices and or locations
          designated by the Client. For this purpose Service Provider shall assign its personnel to perform the said
          Outsourced Services based on “Annex A” of this Outsourcing Agreement detailing the nature of the services,
          manpower assignment , hours of work, number of working days required, location /place to be assigned, and
          applicable contract rates.

4.1.2     Service Provider shall undertake the OUTSOURCED SERVICES on its own account and under its own
          responsibility. Service Provider shall be free to use any means and services not contrary to law and regulations
          which it believes will best enable it to perform the OUTSOURCED SERVICES.

4.1.3     The Service Provider shall supervise, control and maintain efficient and effective discipline over any and all
          personnel performing its obligations under this Agreement and shall have the exclusive, sole right to impose
          disciplinary action over erring personnel.

4.1.4     Service Provider shall be responsible for providing for the individual time-cards or log sheets for its personnel for
          the purpose of recording actual attendance. For monitoring and identification, the Service Provider shall provide
          uniforms, identification cards, pins, and ID laces to personnel assigned to render the Outsourced Services.

4.1.5     The personnel assigned by the Service Provider to the Client are its employees and nothing herein shall be
          construed as creating the relationship of principal and agent, and/or employer-employee between the Client and
          the Service Provider or any of its personnel, subject to exceptions as provided under the Labor Code and pertinent
          labor regulations.

4.1.6     As employer of the personnel assigned to render OUTSOURCED SERVICES, Service Provider obligates itself to:

         i. Comply with all laws, rules, and regulations pertaining to labor and employment as may be applicable under the
            circumstances;

        ii. Pay all wages, salaries and other benefits, as may be applicable;

        iii. Furnish the Client upon request such documents or proof evidencing compliance by Service Provider with labor
             and relevant laws.

4.2       Client

4.2.1     The Client warrants that the OUTSOURCED SERVICES are not directly related to its main or principal business,
          and should there be a finding otherwise by a competent court or administrative body, Client shall be solely
          responsible for its legal consequences and shall pay, reimburse or remit to the Service Provider any and all
          amounts it may have paid or be required to pay on account thereof.

4.2.2     Client shall provide a safe working environment for the SERVICE Provider’s personnel assigned to the former.

4.2.3     Client shall not require Service Provider’s personnel to perform functions which are being performed by the Client’s
          regular employees, in addition or as substitute to such personnel’s assigned functions, not within the scope of
          services agreed herein.

4.2.4     Client shall ensure that Service Provider shall be able to freely and without any impediment exercise CONTROL
          and SUPERVISION over its personnel assigned to the Client.

4.2.5     Should Client decide to absorb the Contractor’s personnel as its direct employee, the Client agrees to pay the
          Service Provider a fee equivalent to 12% of the said personnel’s commencing annual gross income, within thirty
          (30) days from receipt of written notice of intent to absorb said personnel.

4.2.6     Client shall not engage directly or through other service providers the services of any personnel assigned to it
          within 6 months from the day of the termination of this agreement, otherwise the Client agrees to pay the Service
          Provider a fee equivalent to 12% of the said personnel’s annual gross income



Home Clean India
(A Venture of U3S Investment Consultant Pvt. Ltd.)
LGF 7 , Hotel Devi Place Opp. Raj Cinema Old Delhi Road
Sector-14, Gurgaon, Haryana-122001
Tel:- +91 7503802553, Email:- Info@homeclean.in web: www.homeclean.in
4.3       SERVICE WARRANTY

4.3.1     The Service Provider warrants that it is a legitimate, and registered independent job contractor, has substantial
          capital, tools, equipment and investment necessary to carry out its obligations under this agreement.

4.3.2     Service Provider warrants that it will provide uninterrupted, efficient and competent services as may be reasonably
          expected. The Client agrees that the Service Provider shall not be held liable for the non-completion or interruption
          of the OUTSOURCED SERVICES when the same is due to force majeure, acts of God or any fortuitous even,
          such as but not limited to fires, flood, earthquakes, volcanic eruptions, typhoons, or other causes beyond SERVICE
          Provider’s control which will render the performance of this Agreement impossible.

4.3.3     Service Provider shall perform and deliver the OUTSOURCED SERVICES in accordance with traditionally
          recognized standards.


5.    CONFIDENTIALITY

Service Provider agrees and undertakes not to deliberately and maliciously disclose to any THIRD PARTY any and all
material and confidential information pertaining to the Client which the Service Provider or its employees may have acquired
or which may have been disclosed to them in course of the performance of the Outsourced Services, unless otherwise
specifically authorized by the Client for a particular transaction. Service Provider shall take the necessary steps to cause its
officers, agents, and employees to observe the provisions hereof as may be reasonably expected under the circumstances.

6.    NON-ASSIGNABILITY

The parties may not assign any of the rights or undertaking under this Agreement without the prior written consent of the
other. Any assignment done contrary to this provision shall be without any effect and may be a ground for the immediate
termination of this Agreement.

7.    NON-EXCLUSIVITY

The Service Provider shall be free to offer and provide services covered by this Agreement to other persons, companies, to
the extent permissible by law.

8.    NON-WAIVER

No failure or delay on the part of either party in exercising any right, power, or remedy under this Agreement upon any
breach by the other shall impair such right power or remedy, nor shall it be construed as a waiver thereof.

9.    SEPARABILITY CLAUSE

If any of the provision or stipulation contained in this Agreement or any document executed in connection herewith shall be
declared invalid, illegal or unenforceable by a competent court or agency, the remaining provisions contained herein shall
not be in any way affected or impaired.

10. NOTICES

All notices permitted or required by this Agreement shall be sent to the following persons at the address indicated below:

          To the Client

        Attention: Ms. Sunita Sharma

        Address: 711/23, Opp. DAV Boys Senior Secondary School,
                  Luxmi Garden Khandsa Road Gurgaon, Haryana.

          Tel. No.: 9560086767

          To the Service Provider

          Attention: Sonpal Chauhan
          Address: LGF 7 Hotel Devi Place Opp Raj Cinema Old Delhi Road
                     Sector 14, Gurgaon, Haryana
          Tel. No.: 7503802553




Home Clean India
(A Venture of U3S Investment Consultant Pvt. Ltd.)
LGF 7 , Hotel Devi Place Opp. Raj Cinema Old Delhi Road
Sector-14, Gurgaon, Haryana-122001
Tel:- +91 7503802553, Email:- Info@homeclean.in web: www.homeclean.in
11. DISAGREEMENT, VENUE OF ACTION AND GOVERNING LAW

The parties shall resolve any dispute arising from or in connection with this Agreement in an amicable manner and in good
faith.

Any and all disputes, controversies, and claims arising out of, or relating to this Agreement which cannot be settled amicably
by the PARTIES shall be filed in the proper court of Civil Court Gurgaon , to the exclusion of all other courts and venues.
This Agreement shall be construed, interpreted, in accordance with and governed by Indian Low.

12. ENTIRE AGREEMENT

This Agreement, including attachments hereto, constitutes the entire agreement between the Client and the Service
Provider concerning the subject matter hereof, and supersedes all prior communications or agreements, written or oral, and
is intended to be a complete and exclusive statement of the terms and conditions between the PARTIES.


IN WITNESS WHEREOF, the PARTIES, through their duly authorized representatives, set their signatures this 15/05/2012
at Gurgaon.




Client                                                        Service Provider


______________________________                                _________________________




SIGNED IN THE PRESENCE OF:



_________________________                            ________________________




Home Clean India
(A Venture of U3S Investment Consultant Pvt. Ltd.)
LGF 7 , Hotel Devi Place Opp. Raj Cinema Old Delhi Road
Sector-14, Gurgaon, Haryana-122001
Tel:- +91 7503802553, Email:- Info@homeclean.in web: www.homeclean.in
                                                     Annexure-A



Service:-



       1. We provide a cook & helper for Catering and Cleaning.
       2. We provide service 24X7.
       3. If Employee left the job will replace him/her within 24 working hrs.




                                                      Annexure-B




                             Rates
                             S.No Discuprion           Quantity             Rate Amount
                                1 Cook                                    1 7500   7500
                                2 Helper                                  1 4000   4000
                                                       Total                      11500
                                                       Management Fee        10%   1150
                                                       Total Monthly Bill         12650




Home Clean India
(A Venture of U3S Investment Consultant Pvt. Ltd.)
LGF 7 , Hotel Devi Place Opp. Raj Cinema Old Delhi Road
Sector-14, Gurgaon, Haryana-122001
Tel:- +91 7503802553, Email:- Info@homeclean.in web: www.homeclean.in

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:0
posted:12/11/2012
language:English
pages:5
About