Housekeeping Agreement - Template, Sample Form Online Pro · IN-law

HOUSEKEEPING SERVICES AGREEMENT

This Housekeeping Services Agreement (the "Agreement") is made and executed on this ________ at ________ (the "Effective Date").

BY AND BETWEEN

________, son/daughter of ________, aged ________ years, bearing PAN ________ and Aadhaar (last four digits) ________, GSTIN (if applicable) ________, resident of ________ (hereinafter referred to as the "Service Provider", which expression shall, unless excluded by or repugnant to the subject or context, be deemed to include its legal heirs, executors, administrators, successors and permitted assigns) of the ONE PART;

AND

________, son/daughter of ________, aged ________ years, bearing PAN ________ and Aadhaar (last four digits) ________, resident of ________ (hereinafter referred to as the "Client", which expression shall, unless excluded by or repugnant to the subject or context, be deemed to include its legal heirs, executors, administrators, successors and permitted assigns) of the OTHER PART.

(The Service Provider and the Client shall hereinafter be individually referred to as a "Party" and collectively as the "Parties".)

RECITALS

WHEREAS the Service Provider is engaged in the business of providing housekeeping services (the "Services") and represents that it possesses the manpower, skills, qualifications and expertise required to perform the Services.

WHEREAS the Client desires to engage the Service Provider to provide the Services, and the Service Provider has agreed to provide the same upon the terms and conditions set out herein.

NOW, THEREFORE, in consideration of the mutual covenants, promises and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto, intending to be legally bound, agree as follows:

1. DEFINITIONS

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(b) "Approvals" shall mean sanctions, permissions, consents, validations, confirmations, licenses and other authorizations obtained and/or required to be obtained from any Government Body;

(c) "Government Body" means any government authority, statutory authority, government department, agency, commission, board, tribunal or court or other law, rule or regulation-making entity having or purporting to have jurisdiction on behalf of India or any state or other subdivision thereof, or any municipality, district or other subdivision thereof;

(d) "GST" means the Goods and Services Tax levied under the Central Goods and Services Tax Act, 2017 and allied State/Union Territory and Integrated GST legislation, as amended from time to time;

(e) "Services" mean the housekeeping services provided to the Client as described under this Agreement and all other services that are incidental or ancillary thereto, and shall include the services listed in Annexure-A hereto;

(f) "Term" means the period during which the Service Provider shall provide the Services in terms of this Agreement, as specified in the Clause titled "Term and Renewal" of this Agreement.

2. INTERPRETATION

(a) Unless the context otherwise requires, in this Agreement:

(I) words using the singular or plural number also include the plural or singular number, respectively;

(II) words denoting any gender shall include all genders;

(III) the words "written" and "in writing" include any means of visible reproduction;

(IV) the terms "hereof", "herein", "hereto" and similar words refer to this entire Agreement and not any particular Clause or any other subdivision of this Agreement;

(V) the words "include" or "including" shall be deemed to be followed by "without limitation" or "but not limited to", whether or not they are followed by such phrases or words of like import;

(VI) references to any "person" include any natural person, corporation, judicial entity, association, statutory body, partnership, limited liability company, joint venture, trust, estate, unincorporated organisation or government, state or any political subdivision, instrumentality, agency or authority; and

(VII) references to a "Clause" or to any other agreement or document in this Agreement shall be construed as references to the Clauses of this Agreement, or such other agreement or document, as may be amended, modified or supplemented from time to time.

3. PURPOSE

(a) The Service Provider shall provide housekeeping Services at the Client's premises as per the details under this Agreement, or at any other location as required by the Client, read together with the special conditions of contract, assignment instructions and schedule requirements.

(b) The Service Provider shall provide the Services with all due diligence, efficiency and economy, in accordance with generally accepted professional standards and practices, and shall observe sound management practices and employ appropriate technology and safe and effective equipment, machinery, materials and methods.

(c) The timely and effective performance of the contractual obligations shall be of the essence of this Agreement.

4. LOCATION

(a) The Service Provider shall provide the Services at the following location(s) (the "Work Location"):

________

(b) The Work Location may be changed with the mutual written consent of both Parties.

5. NATURE OF SERVICE

(a) The Service Provider shall provide housekeeping Services including the following:

(I) sweeping and mopping floors and connected works;

(II) removal of garbage from dustbins;

(III) replacing trash can liners as needed;

(IV) cleaning windows and curtains;

(V) cleaning and sanitizing bathroom surfaces and fixtures;

(VI) re-stocking of toiletries in toilets;

(VII) vacuuming;

(VIII) cleaning air vents;

(IX) cleaning the kitchen;

(X) washing and putting away dishes; and

(XI) making beds and changing bed sheets and pillow covers.

(b) All housekeeping duties shall be performed without disturbing or unduly inconveniencing the Client, guests or other individuals occupying the premises.

6. WORK SCHEDULE

(a) The Service Provider shall comply with the following working schedule:

________

7. EQUIPMENT AND MATERIALS

(a) The Client shall provide the necessary equipment and materials required to complete the housekeeping Services.

(b) The Service Provider shall provide the Client, in advance, with a list of the equipment or materials required.

8. PAYMENT

(a) All payments shall be made in Indian Rupees (INR).

(b) Tax Deduction at Source (TDS) shall be deducted as per the provisions of the Income-tax Act, 1961, as amended from time to time, and a certificate to that effect shall be provided to the Service Provider by the Client.

(c) The Client shall pay Rs. ________ (Rupees ________) in the following manner: ________.

(d) The Service fees or compensation payable by the Client to the Service Provider shall be inclusive of all applicable taxes, including GST, which may be levied or imposed under Applicable Law against payments or transactions under this Agreement, unless otherwise agreed in writing.

(e) During the Term of this Agreement, the Client shall not be liable to reimburse any out-of-pocket expenditure to the Service Provider unless agreed in writing.

(f) Payments under this Agreement shall be made using the following method: ________.

(g) No advance payment claims or running bills shall be entertained unless otherwise mentioned under this Agreement.

(h) The Service Provider shall be solely responsible for the discharge of all statutory dues and contributions in respect of any persons deployed by it, including wages payable under the Code on Wages, 2019 and contributions under the Code on Social Security, 2020, and shall keep the Client fully indemnified in respect thereof.

9. TERM AND RENEWAL

(a) The Services shall commence from ________ (the "Commencement Date") and shall continue until ________ (the "Completion Date"), unless terminated earlier in accordance with this Agreement.

(b) This Agreement may, upon mutual written consent of the Parties, be renewed for a further period of ________ upon such terms as may be agreed.

(c) This Agreement may be terminated as follows:

(I) by either Party upon providing prior written notice of ________ (________) days to the other Party; or

(II) by the Client, in the event of a material breach of any provision hereof committed by the Service Provider, by providing 15 (fifteen) days' written notice to the Service Provider with reasons of termination stated thereunder; or

(III) by the Service Provider, in the event of a material breach of any provision hereof committed by the Client, by providing 15 (fifteen) days' written notice to the Client with reasons of termination stated thereunder.

(d) Notwithstanding anything to the contrary, the provisions in respect of Confidentiality, Indemnification, Limitation of Liability, Dispute Resolution and any other provisions of this Agreement which are expressly or impliedly intended to survive the expiration or termination of this Agreement shall so survive.

10. SERVICE PROVIDER'S WARRANTIES

(a) The Service Provider represents and warrants to the Client as on the execution date and during the Term of this Agreement that:

(I) it has full capacity and authority to enter into and perform this Agreement;

(II) it has all rights, titles, permissions and licenses to perform the Services under this Agreement, and such performance shall not violate any other agreement;

(III) once executed, this Agreement shall constitute legal, valid and binding obligations enforceable against it;

(IV) there are no actions, suits, proceedings or regulatory investigations pending or, to its knowledge, threatened against it that might adversely affect its ability to meet and carry out its obligations under this Agreement; and

(V) it shall comply with all Applicable Laws relating to labour, social security, occupational safety and health in the performance of the Services.

11. CODE OF CONDUCT

The Service Provider and all persons deployed by it shall ensure that they:

(I) are always neatly dressed and vigilant at the workplace;

(II) are punctual and arrive 15 (fifteen) minutes before the start of their duty time;

(III) perform their duties with honesty and sincerity;

(IV) read, understand and follow their post and site instructions;

(V) extend respect to all personnel related to the Client;

(VI) shall not keep or use any drugs, alcohol or any such items while on duty;

(VII) shall immediately report any untoward incident/misconduct to the Client;

(VIII) do not entertain visitors;

(IX) shall not smoke in the working premises; and

(X) shall not misuse any properties/facilities of the Client.

12. SUBCONTRACTING

The Service Provider shall not subcontract or assign this Agreement or any obligations under this Agreement to any third party without the prior written consent of the Client.

13. CONFIDENTIALITY AND DATA PROTECTION

(a) The Service Provider acknowledges that, in the course of providing the Services under this Agreement, it may have access to and become acquainted with confidential and proprietary information belonging to the Client, including but not limited to information relating to the premises, occupants, business operations, records and security arrangements (the "Confidential Information").

(b) The Service Provider agrees that it shall not, during the Term of this Agreement or at any time thereafter, disclose, use or permit the disclosure or use of any such Confidential Information for any purpose other than the performance of its obligations under this Agreement, without the prior written consent of the Client.

(c) The obligations of confidentiality under this Clause shall not apply to information which (i) is or becomes publicly available through no fault of the Service Provider; (ii) is required to be disclosed under Applicable Law or by order of any Government Body; or (iii) was lawfully in the possession of the Service Provider prior to its disclosure under this Agreement.

(d) To the extent the Service Provider processes any personal data in the course of providing the Services, it shall do so solely on the instructions of the Client and in compliance with the Digital Personal Data Protection Act, 2023, and shall implement reasonable security safeguards to protect such personal data.

(e) The obligations under this Clause shall survive the expiration or termination of this Agreement.

14. LIMITATION OF LIABILITY

(a) Notwithstanding anything contained in this Agreement, neither Party shall be liable to the other for any indirect, incidental, consequential, special or punitive damages arising out of or in connection with this Agreement, whether based on contract, tort or any other legal theory, even if such Party has been advised of the possibility of such damages.

(b) The aggregate liability of the Service Provider arising out of or in connection with this Agreement shall not exceed the total amount of fees paid or payable by the Client to the Service Provider under this Agreement.

(c) Nothing in this Clause shall limit or exclude either Party's liability for fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, or any liability which cannot lawfully be limited or excluded under Applicable Law.

15. INDEMNIFICATION

The Service Provider hereby agrees to indemnify and hold the Client harmless from all damages, costs, legal fees or other losses arising out of or relating to:

(a) any breach of this Agreement by the Service Provider;

(b) any breach of any representation or warranty by the Service Provider; and

(c) any claim by any person deployed by the Service Provider in relation to wages, statutory dues, or employment, it being clarified that no employer-employee relationship exists between the Client and such persons.

16. INDEPENDENT PARTIES

Nothing contained or implied in this Agreement creates a joint venture, partnership or employment relationship between the Parties, or makes one Party the agent or legal representative of the other Party for any purpose.

17. REMEDIES

(a) In addition to any and all other rights a Party may have available under the law, if a Party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other Party may terminate this Agreement by providing written notice to the defaulting Party. Such notice shall describe with sufficient detail the nature of the default.

(b) The Party receiving such notice shall have 7 (seven) days from the effective date of such notice to cure the default(s), unless waived by the Party providing notice. The failure to cure the default(s) within such period shall result in automatic termination of this Agreement.

18. FORCE MAJEURE

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(b) If the Force Majeure Event continues for a continuous period exceeding 30 (thirty) days, the Parties shall mutually agree on the future course of action. However, if, despite all good faith efforts, the Force Majeure Event continues for a period of 90 (ninety) days, either Party shall have the right to terminate this Agreement by giving the other Party written notice of termination.

19. SEVERABILITY

If any provision of this Agreement is for any reason held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Any invalid or unenforceable provision shall be replaced with a provision that is valid, enforceable and most nearly gives effect to the original intent of the invalid/unenforceable provision.

20. AMENDMENTS

Any change, alteration, amendment or modification to this Agreement must be in writing and signed by the authorized representatives of both Parties.

21. DISPUTE RESOLUTION

(a) The Parties shall first endeavour to settle any dispute, difference or claim arising out of or in relation to this Agreement amicably through mutual discussions within 30 (thirty) days of written notice of such dispute.

(b) Failing such amicable settlement, the dispute shall be referred to and finally resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and any statutory modification or re-enactment thereof for the time being in force. The reference shall be to a sole arbitrator mutually appointed by the Parties. Each Party shall bear its own costs and the fees of the arbitrator shall be borne equally. The seat and venue of arbitration shall be ________, and the arbitration shall be conducted in the English language.

(c) This Agreement shall be governed by and construed in accordance with the laws of India, and the courts at ________ shall have exclusive jurisdiction, subject to the arbitration provisions above.

22. LEGAL FEES AND COSTS

In the event of any legal action by any Party to enforce one or more provisions of this Agreement, whether at law or in equity, the prevailing Party shall be entitled to recover from the other Party all enforcement costs, including without limitation reasonable legal fees and costs, whether incurred before, during or after trial or other litigation, including appeal.

23. NOTICES

Except as otherwise specified in this Agreement, all notices, requests, consents, approvals, authorizations, acknowledgements, waivers and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, sent by registered post with acknowledgement due, by reputed courier, or by electronic mail, to the address specified below.

In the case of the Client:

Attention: ________

Address: ________

Email: ________

In the case of the Service Provider:

Attention: ________

Address: ________

Email: ________

Either Party may change its address for notification purposes by giving the other Party 10 (ten) days' notice of the new address and the date upon which it will become effective.

24. COUNTERPARTS

This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

25. STAMP DUTY

The stamp duty payable on this Agreement under the Indian Stamp Act, 1899 (as applicable in the relevant State/Union Territory) shall be borne by ________.

26. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement and understanding of the Parties with respect to the subject matter hereof and supersedes any and all prior negotiations, correspondence, agreements, understandings, duties or obligations between the Parties with respect to the subject matter hereof.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on ________ at ________.

FOR THE SERVICE PROVIDER

________

Date:

Signature:

FOR THE CLIENT

________

Date:

Signature:

WITNESS-1

Name: ________

Govt. ID name and number: ________

Address: ________

Signature:

WITNESS-2

Name: ________

Govt. ID name and number: ________

Address: ________

Signature:

ANNEXURE-A

(Details of Services)

________