| 1. |
The various charge rates referred to in
any agreement will be effective for a period of 12 months.
A minimum notice of four weeks (28 days) will be given
to the “Client” of any proposed changes
to these rates. Both parties consent that any agreed
alteration will be noted and a revised Service Agreement
provided. Both parties further agree that on the signing
of the agreement it will be subject to the terms and
conditions contained therein. |
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| 1.1 |
The “Client” recognises
that it is illegal for the Company to discriminate
against the “Client”, the “Client’s
Workforce” or the “Company’s
workforce” because of Race, Colour, Religion,
National Origin, Age, Sex or Sexual Preferences. |
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| 2. |
The “Client” hereby agrees that in the
event of the “Company” commencing work for
the “Client” prior to signing of the Service
Agreement by the “Client”, all work carried
out by the Company shall be subject to the terms and
conditions contained herein, a copy of which has been
supplied to the “Client” prior to commencement
of security services. |
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| 3. |
Any variations of the terms and conditions of this
Agreement shall not be binding upon the company unless
and until such variation shall have been confirmed in
writing under the hands of the Director of the “Company”
and a Director or the Secretary of the “Client”
if he is a Limited company or, in the case of an individual
partnership or incorporated association, a duly authorised
individual. |
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| 4. |
The “Client” warrants that he is the beneficiary,
owner, occupier or appointed agent of any premises referred
to in this Agreement and agrees that the Company’s
employees, servants or agents (herein after called “The
Company workforce”) shall be treated as visitors
to the premises in this regard. |
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| 4.1 |
The “Client” acknowledges
its statutory and common law duties and (without
prejudice to the generality of the sub clause)
its duties under the Health & Safety at Work
etc. Act 1974 and in particular, but without prejudice,
to the generality of the provisions of the said
Act and its duties under section 4 of the said
Act. |
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| 4.2 |
The “Client” agrees it will provide
and maintain for the benefit of the “Company
workforce” at least such basic amenities
as are provided at the commencement of the agreement
and no change or modification of the amenities
detrimental to the “Company workforce”
may be made during this agreement. |
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| 5. |
The “Company” shall use due care in selecting
their “Company workforce” having regard
to the work being carried out by them and shall operate
the services provided by the “Company” with
due and proper regard to the safety and security of
the premises. |
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| 5.1 |
The Company workforce provided by
the “Company” shall consist of the
provision of a staff between the hours shown in
the accompanying Quotation to these Terms and
Conditions unless notification is received from
the Client either verbally or in writing. |
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| 5.2 |
The “Client” undertakes that it
will not, during the period of the contract or
within one year after the termination, either: |
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| a) |
Knowingly offer employment
in relation to the provision of a similar
service provided by the “Company”
to any person who has worked for the Company
as security personnel at the “Client”
premises. |
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| b) |
Knowingly employ any firm or company managed
or controlled by such person and offering
a service similar to that provided by the
“Company” hereunder. |
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| c) |
Should the “Client” directly
employ any security personnel provided by
the Company, the Company shall be entitled
to charge a one-off fee of £1000 per
person. |
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| 5.3 |
The “Company” will despatch a replacement
Workforce if and when the following incidents
occur: |
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| a) |
The “Client” requests
a replacement |
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| b) |
The regular Workforce is late |
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| c) |
The regular Workforce is taken ill |
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| d) |
The regular Workforce is on holiday. |
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| 5.4 |
The “Company” is insured for £10,000,000
(ten million pounds) employers’ liability
and for the sum of £2,000,000 (two million
pounds) public liability. |
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| 5.5 |
The Company is not insured for our Security
Officers working on your site and making a wrongful
arrest. |
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| 5.6 |
The Company is insured for efficacy/contractual
liability for a maximum of £1,000,000 (one
million pounds) |
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| 5.7 |
The Company shall ensure that it retains confidentiality
of Client information during and after the contract
period. |
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| 6. |
Proper records shall be maintained by the Company
concerning the provision of security services, together
with information relating to any person employed on
the contract. |
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| 7. |
Under no circumstances shall the “Company”
be responsible for any injurious act or default by any
member of the “Company’s workforce”
unless such act or default could have been foreseen
and avoided by the exercise of due diligence on the
part of the “Company”, as his employer or
Principal not in any event shall the “Company”
be responsible. |
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| a) |
Any loss suffered by the “Client”
through theft, malicious damage, flooding, fire,
animals, riot, assault or any other cause except
insofar as such loss is attributable to the negligence
of any member of the “Company workforce”
acting in the course of their duty. |
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| b) |
Any loss or damage suffered by the “Client”
by virtue of breach of contract or negligence
or any other reason unless written notice is received
by the “Company” at the address shown
overleaf within 7 days of the time when the default
by the “Company” or any member of
its Workforce should reasonably have come to the
attention of the “Client”. |
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| c) |
If at the express wishes of the “Client”
the “Company” undertake to perform
duties extraneous to this Agreement, then the
“Company” shall not be liable for
any loss or damage arising from the performance
of these extraneous duties, irrespective of the
fact that such loss or damage may be due to the
negligence of the “Company”, its servants
or agents, unless the “Company” has
agreed in writing to carry out such extraneous
duties, signed under the hand of a Director of
the “Company”. |
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| 8. |
The “Company” shall not be liable for
loss or damage of whatsoever nature suffered by the
“Client” for failure to carry out the services
contracted by reason of: |
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| a) |
Any event beyond the “Company’s”
control preventing or hindering the “Company’s”
servants or agents from travelling to the “Client’s”
premises inclusive of, but not exhaustively comprising,
mechanical breakdown, impedance by any road traffic
congestion and adverse weather conditions. |
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| b) |
War, act or hostile forces, civil disturbances
or extensive disruption of public services; in
the event of such occurrences, services may be
suspended until circumstances permit their reinstatement. |
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| c) |
The presence of hazards due to the defective
structure of means of access, the presence of
noxious, toxic combustible, explosive or radioactive
substances or any other state of the “Client’s”
premises rendering them dangerous in the “Company’s”
opinion to any servant, agent or animal owned,
used or employed by the “Company”. |
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| d) |
Any loss or damage suffered by the “Client”
in circumstances where the “Client”
is in breach of any of the insured amounts specified. |
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| e) |
Any loss or damage suffered by the “Client”
during the time between the completion of the
“Company’s” duties and the time
in which the “Company’s” duties
commence at the beginning of the following watch.
The “Company” will not be liable for
the time between the completion of the “Company’s”
duties and the time the “Client’s
Workforce” arrive on site. |
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| 8. |
The “Client” agrees to indemnify the “Company”
for any loss, damage, claim or expense in excess of
any of the insured amounts specified. |
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| 9. |
This contract may be terminated by either party without
notice if the other party shall commit any breach of
its obligation hereunder or (being an individual) shall
commit any acts of bankruptcy or (being a corporation)
shall go into liquidation other than for the purpose
of reconstruction or amalgamation or shall suffer the
appointment of a Receiver over any of his or its property
or income or make any deed or arrangement with or composition
for the benefit of any of his or its creditors. |
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| 10. |
Termination of this arrangement other than for the
reasons outlined in Clause 9 will be effective after
90 days if either party to this agreement serves notice
of termination in writing sent by recorded delivery. |
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| 11. |
If any act or default of any member of the “Company
workforce” which may give rise to a liability
in such person to the “Client” for negligence,
then it is hereby expressly agreed that such person
should be entitled to the protection of all the terms
and conditions thereof and any claim by the “Client”
against such person, except in the case of loss or damage
suffered by the “Client” in respect of deliberately
wrongful acts on the part of the person, in which case
nothing herein shall limit the “Client’s”
right against this person. |
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| 12. |
No warranty, representation, undertaking or commitment
shall be deemed to have been given or entered into by
or on behalf of the “Company” for the purposes
of any agreement between the “Company” and
the “Client” unless made or entered into
in writing on the “Company’s” headed
paper under the hand of the Director of the “Company”,
a copy of which will be forwarded to the “Client”
for signature. Both parties agree that provided ,a duly
authorised employee or agent of the “Client”
alters their security cover outlined in this agreement,
such alteration shall be subject to all terms and conditions
contained therein. |
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| 13. |
The “Company” will not accept any liability
for the misuse of telephones during the term of the
contract unless the “Client” can provide
documentary evidence that the “Company’s”
employee(s) were responsible for the said misuse. |
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| 14. |
It is agreed by both parties that temporary additional
cover required at Bank Holidays or other special occasions
can be conveyed by telephone, letter or facsimile to
our Office and will be subject to all terms and conditions
herein. |
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| 15. |
It is agreed that permanent alterations to cover those
outlined in this agreement can be contained in exchange
of letters and will be subject to all terms and conditions
contained herein. |
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| 16. |
The “Client” warrants that no one other
than individuals specified in any Appendix to this agreement
will become employees of the Company by virtue of TUPE,
and the “Client” will indemnify the “Company”
against liabilities, costs, claims, damages, awards
and expenses which the “Company” suffers
or incurs as a result or in respect of any acts or omissions
of the employer in relation to any transferring of employees
prior to the start date. |
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| 17. |
The “Company” workforce may comprise of
directly employed staff and subcontractors. All staff
will be SIA licensed and verified in accordance with
the requirements of the SIA Approved Contractor Scheme.
The “Client” can request that subcontractors
are not used at any time and at any stage during the
duration of the contract. |
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