Housekeeping Agreement - Template, Sample Form Online

HOUSEKEEPING AGREEMENT

This Housekeeper Agreement (the "Agreement") is made on this ________ at Andaman and Nicobar Islands ("Effective Date")

BY AND BETWEEN

________, son of ________, 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, administrators and permitted assigns) of the ONE PART

AND

________, son of ________, 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, administrators and permitted assigns) of the OTHER PART

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

RECITALS

WHEREAS The Service Provider is in the business of providing the Housekeeping Services ("Services") and has the manpower with 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 do the same.

NOW THEREOF Pursuant to the above, the Parties seek to enter into this Agreement to confirm and record the terms and conditions on which the Service Provider shall provide the Services to the Client and other Agreements in connection therewith.

1. DEFINITIONS

(a) "Applicable Law" shall include all applicable (i) statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, bye-laws, regulations, listing Agreements, notifications, guidelines or policies of any jurisdiction; and (ii) judicial quasi-judicial and/or administrative decisions, interpretations, directions, directives, licenses, permits, judgments, writs, injunctions, arbitral awards, decrees, orders, terms and conditions of governmental or regulatory approvals or Agreements with any governmental or regulatory authority;

(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 Goods and Services tax under the Goods and Services Tax Act, 2017;

(e) "Services" mean the housekeeping Services provided to the Client as described under this Agreement and all other Services that are incidental or ancillary theret. Services also includes the Services listed in Annexure-A hereto;

(f) "Term" means the period Service Provider shall provide Services in terms of this Agreement which shall be the period as specified in Clause on (Term and Termination) 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 "Clause" or 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, and shall include a reference to any document which amends, modifies or supplements it, or is entered into, made or given pursuant to or in accordance with its terms.

3. PURPOSE

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

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

(c) The timely and effective performance of the contractual obligation shall be considered as the essence of the contract.

4. LOCATION

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

________

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

5. NATURE OF SERVICE

(a) The Service Provider shall provide the housekeeping Service 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.

(XI) Making bed and changing bed sheets and pillow covers.

(b) All housekeeping duties shall be performed without disturbing or unduly inconveniencing 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 Service.

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

8. PAYMENT

(a) All payments shall be made in Indian currency.

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

(c) The Client will pay Rs.________ (________) on the following manner: ________.

(d) The Service fees or compensation to be paid by the Client to the Service Provider include all taxes including GST, which may be levied or imposed under the Applicable Laws against payments or transactions under this Agreement.

(e) During the term of this Agreement, the Client is not liable to reimburse any out-of-pocket expenditures to the Service Provider.

(f) The payments under this Agreement shall be made using the following method: Internet Banking.

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

9. TERM AND RENEWAL

(a) The Services shall commence from ________ ("Commencement Date") and shall continue till ________. ("Completion Date").

(b) This Agreement may be terminated as follows:

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

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

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

10. SERVICE PROVIDER'S WARRANTIES

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

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

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

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

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

11. CODE OF CONDUCT

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

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

(III) perform duties with honesty and sincerity;

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

(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) will 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 this Agreement or any obligations under this Agreement to any third Party.

13. CONFIDENTIALITY

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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, or any liability which cannot 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, attorney's fees or other losses arising out of or relating to:

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

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

16. INDEPENDENT PARTIES

Nothing contained or implied in this letter creates a joint venture or partnership 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 the 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 days from the effective date of such notice to cure the default(s). Unless waived by a Party providing notice. The failure to cure the default(s) with 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, despite all efforts made by the Parties in good faith, if the Force Majeure Event continues for a period of 90 (ninety) days, either of the Parties shall have the right to terminate this Agreement by giving the other Parties notice of termination in writing.

19. SEVERABILITY

If any provision of this Service Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Service Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Any invalid or unenforceable provision of this Service Agreement 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 Service Agreement must be in writing and signed by authorized representatives of both Parties.

21. DISPUTES

(a) Both the Parties do hereby agree that any dispute arising out of or in relation to this Agreement shall be settled in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and/ or any statutory modification or re-enactment thereof for the time being in force. The Parties shall mutually appoint the single Arbitrator. Each Party shall pay their own costs and fees of the arbitration and the cost of the arbitrator shall be borne equally. The seat or place of the arbitration shall be as follows: Andaman and Nicobar Islands.

(b) The Agreement shall be governed in accordance with the laws of India and the courts of Andaman and Nicobar Islands will have the exclusive jurisdiction.

22. LEGAL FEE AND COSTS

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

23. NOTICES

Except as otherwise specified in this Service Agreement, all notices, requests, consents, Approvals, Agreements, authorizations, acknowledgements, waivers, and other communications required or permitted under this Service Agreement shall be in writing and shall be deemed given when sent to the address specified below.

In the case of Client:

Attention: ________

Address: ________

In case of Service Provider

Attention: ________

Address: ________

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 constitute one and the same instrument.

25. ENTIRE AGREEMENT

This Service 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 ________.

FOR SERVICE PROVIDER

________

Date:

Signature:

FOR CLIENT

________

Date:

Signature:

WITNESS-1

Name:

Govt. ID name and number:

Signature:

WITNESS-2

Name:

Govt. ID name and number:

Signature:

ANNEXURE-A

(Details of Service)