This Janitorial Services Contract is made between a company and a contractor for the provision of janitorial services to the company at a specified location. The contract contains the material terms and conditions of the agreement including the specific services to be provided, the payment details, and the term of the agreement. It contains numerous standard provisions that are commonly included in these types of agreements and may be customized to fit the specific needs of the parties. This should be used by company and a janitor when entering into an agreement for janitorial services.
This Janitorial Services Contract is made between a company and a contractor for the provision of janitorial services to the company at a specified location. The contract contains the material terms and conditions of the agreement including the specific services to be provided, the payment details, and the term of the agreement. It contains numerous standard provisions that are commonly included in these types of agreements and may be customized to fit the specific needs of the parties. This should be used by company and a janitor when entering into an agreement for janitorial services. JANITORIAL SERVICES AGREEMENT THIS JANITORIAL SERVICES AGREEMENT (the “Agreement”), made this ____ day of _________, 2_____, by and between _______________ (“Contractor”) located at _____________________________and ___________ (“Company”), located at _________________________ hereinafter referred to as (the “Parties”). WHEREAS, Contractor provides janitorial services; AND WHEREAS, Company desires to obtain the janitorial services of Contractor pursuant to the terms and conditions herein. IN CONSIDERATION of the promises and other good and valuable consideration set forth, the parties agree as follows: I. SERVICES 1. Contractor and Company hereby agree that Contractor shall provide janitorial services to Company (the “Services”) for the building(s)/warehouse located at _________________________ (the “Premises”). 2. Contractor shall provide the Services to the Company which are more particularly described in Schedule “A” annexed hereto. II. TERM 1. The term shall commence on the ____ day of __________, 2_____ (the “Commencement Date”) and shall continue for a period of ( ) years (the “Term”). 2. Company may request to extend the Term (“Extension Term”) by providing written notice to Contractor no less than ______ ( ) days prior to the expiration of the Term. The request shall include the length of the extension and any modifications to the terms and conditions contained herein. Contractor shall have ______ (__) days to accept Company’s request . © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 2 III. CONTRACTOR RESPONSIBLITIES 1. Contractor hereby agrees as follows: A. Contractor shall commence the Services contemplated herein on the Commencement Date and shall perform all of the Services diligently and using its best efforts to conform to local standards and practice; B. Contractor shall provide Company a mutually agreed upon [MONTHLY OR WEEKLY] work schedule for the Services to be performed; and C. Contractor shall at all times keep employed an adequate number of staff to perform the Services contemplated herein. . IV. FEES 1. Company shall pay Contractor the sum of __________ ($__________) Dollars (the “Fees”) per month for the Services to be performed 2. All Fees are due and payable within ____ (__) days of Company’s receipt of Contractor’s monthly invoice. All invoices will include a detailed description of the Services performed for which payment is being requested. Company has the right to request additional reports and supporting information from Contractor as deemed reasonably necessary by Company to audit Contractor’s performance. Contractor shall provide all additional reports and information requested by Company within ____ (___) days of the written request. V. MODIFICATIONS TO AGREEMENT 1. The Parties agree that Company shall have the right to add or delete buildings/warehouses and/or modify this Agreement upon _____ ( ) days written notice to Contractor. Any modifications must be agreed to by both Parties. VI. CONTRACTOR’S EMPLOYEES 1. Contractor shall use its own staff, employees and sub-contractors in respect to the Services to be performed. 2. The Parties acknowledge that the relationship between Company and Contractor is that of an independent contractor and Contractor alone has exclusive control and supervision of its staff, employees and sub-contractors. Nothing herein shall be construed to mean that Contractor or any of its staff, employees or sub-contractors are agents, employees or representatives of Company. 3. Contractor shall at all times ensure that industry accepted safety standards and practices are followed while performing the Services. Contractor shall at all times © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 3 comply with all ordinances, regulations, and other legal requirements and obligations of the applicable jurisdiction while performing the Services. VII. EQUIPMENT AND SUPPLIES 1. Company shall provide all supplies necessary for performance of the Services which shall include, but not be limited to [INSERT ALL SUPPLIES COMPANY WILL PROVIDE, TRASH BAGS, PAPER TOWELS, TOILET PAPER, ETC.]. 2. Contractor shall supply all of the necessary equipment and tools for performance of the Services, which shall include, but not be limited to, floor waxers, brooms, mops, buckets and cleaners. 3. Company shall provide a designated area on the Premises for storage of Contractors equipment, tools and supplies. VIII. INSURANCE 1. Contractor shall at all times maintain liability insurance coverage to cover any claims for injuries to person or damages to property which may arise in connection with the performance of the Services by Contractor, its staff, employees and sub-contractors. The policy shall be in an amount of not less than ____________ ($________) Dollars. Contractor shall also provide worker’s compensation insurance for its staff, employees and sub-contractors. Company may at any time request that Contractor provide proof of liability and worker’s compensation insurance and any other certificates or documents reflecting that Contractor is in full compliance with all legal requirements and obligations for companies providing janitorial services in the State of _____________. IX. NON-EXCLUSIVITY 1. The Parties acknowledge that the Services to be performed hereunder are non- exclusive and that Company shall have the right to contract with a third party for the same or similar services for which Contractor is engaged, and similarly Contractor is free to enter into contracts to perform the same or similar services for third parties. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 4 X. EVENTS OF DEFAULT 1. In the event of non-performance by either Party of any of its obligations contained herein, the non-defaulting Party shall serve the defaulting Party with written notice of the alleged breach. The defaulting Party shall have _____ (___) days from the date of such notice to cure and rectify any non-performance or non-compliance. Upon the correction of any non-performance or non-compliance by the defaulting Party, the Agreement shall continue for the duration of the Term or Extension Term. In the event that the defaulting Party fails to correct any non-performance or non-compliance issue within the time frame set out above, the non-defaulting Party may terminate this Agreement immediately and without further notice. XI. CONFIDENTIALITY 1. Contractor shall treat all information relating to Company, its business practices and, any other information that Contractor may become aware of that is proprietary to Company, as confidential and shall not disclose any such confidential information to any third party except as may be reasonably required pursuant to this Agreement or as required by court order. XII. INDEMNIFICATION 1. Contractor shall indemnify and hold Company, its subsidiaries, officers, directors, employees and agents harmless from and against any loss, liability, damage, including but not limited to, any reasonable attorney fees and court costs which may arise out of or in connection with the Services performed hereunder, save and except for the gross negligence and wilful misconduct of Company, its subsidiaries, officers, directors, employees and agents. 2. Contractor shall at all times be solely responsible and liable for any damages caused by its staff, employees or sub-contractors to any of the Company’s equipment, property or fixtures and shall make all repairs and/or replacements for any such damage without cost to Company. XIII. GENERAL PROVISIONS 1. Neither Party may assign any obligations hereunder to any third party without the prior written consent of the other Party. 2. This Agreement and the work schedules referred to herein constitute the entire agreement between the Parties and supersede all prior agreements, representations, warranties, statements, promises, information, arrangements and understandings, whether oral or written, express or implied, with respect to the subject matter hereof. 3. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which taken together shall be deemed to constitute © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 5 one and the same instrument. This Agreement may be executed and delivered by electronic facsimile transmission with the same force and effect as if it were executed and delivered by the Parties simultaneously in the presence of one another. 4. Any notices to be delivered pursuant to this Agreement shall be delivered to: in the case of Company to: Attention: Fax: (___) in the case of Contractor to: Attention: Fax: (___) and, in each case, mailed by ordinary mail, postage prepaid, or delivered to that address; and, if mailed as aforesaid, any such notice shall have been deemed to have been given on the fifth (5th) business day following that on which the letter containing the notice was posted. If any notice is given by electronic communication, such notice shall be deemed to be delivered on the day of transmittal thereof if given during normal business hours of the recipient and on the next business day if given after normal business hours. Any party may change its address for service from time to time by notice given in accordance with the foregoing. 5. In the event a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, the remaining terms shall remain in full force and effect. 6. This Agreement shall be governed in accordance with the laws of the State of ___________. The parties hereby irrevocably submit to the jurisdiction of the courts of the State of located in County. In any suit or arbitration regarding the Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 6 IN WITNESS WHEREOF THE PARTIES HERETO HAVE DULY EXECUTED THIS CONTRACT AS OF THE DAY AND YEAR FIRST WRITTEN ABOVE. [COMPANY] Name: Title: [CONTRACTOR] Name: Title: © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 7
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