Guard duty shall be provided by uniformed, trained guard personnel providing mobile/patrol services or static guard services. With mobile services, controls shall be made on each circuit, unless otherwise agreed. Circuits shall be undertaken where possible at irregular times. It may be necessary to abstain from intended walkabouts, circuits and controls where unforeseen events in the beat make this necessary. Static guard services shall be performed in line with "Special duty instructions" developed jointly with the Customer.
In each individual case, the written operational directive shall solely apply to the performance of guard duties. It includes detailed guidelines for walkabouts, controls and other service work to be provided in accordance with the Customer's instructions. Big Squad Security Services Pvt. Ltd. cannot accept liability for a certain success of the guard duty. Modifications and additions to the operational directive shall require agreement in writing. Orders relating to this, which are directed to the Big Squad Security Services Pvt. Ltd. employee on duty only, are inadequate. The Customer shall be responsible for ensuring the accuracy and completeness of all information relevant to fulfilling the Contract. Should the operational directive agree "External surveillance", then monitoring shall only be provided from the street. With "Internal surveillance" in contrast, monitoring shall be provided in the inside of the property - depending on the operational directive - in courtyards, gardens, buildings etc. If no specific requirements are agreed in the operational directive, then with patrol services, three circuits shall be made of the grounds each night. With static guard services, the number of circuits shall be mutually agreed.
Usual information signs shall be put in place at the start of service and other services - providing there are no contrary instructions on the part of the Customer. The signs shall remain the property of Big Squad Security Services Pvt. Ltd. and shall be removed by Big Squad Security Services Pvt. Ltd. at the end of the Contract. Any control buttons ("checkpoints") installed at the start of the Contract will become the property of the Customer. Big Squad Security Services Pvt. Ltd. is not obliged to restore the previous state in respect of the control points or the signs.
Complaints of any kind relating to the performance of the services or other inadequacies, should be notified immediately in writing to the management of Big Squad Security Services Pvt. Ltd. with a request for rectification, otherwise Big Squad Security Services Pvt. Ltd. shall be unable to accept legal consequences based on alleged complaints. If these complaints shall refer to significant infringements that jeopardies the purpose of the Contract, the Customer shall be entitled to terminate the Contract without notice should he notify the management of Big Squad Security Services Pvt. Ltd. immediately in writing and should the latter not remedy the situation in the shortest possible time - but at the longest within one week.
The security Contract and all other service Contracts shall run for five years, unless otherwise agreed in writing. The term of the Contract shall be extended for periods of one year thereafter if the Contract is not terminated in writing at least three months prior to expiry of the Contract term.
Big Squad Security Services Pvt. Ltd. shall be entitled to utilize other commercial security companies to perform its duties.
In the event of force majeure, in particular due to strikes, riots and in the event of war, Big Squad Security Services Pvt. Ltd. can interrupt or alter the security services and other services appropriately where the performance of these services shall be prevented. The Customer shall not be obliged to make payment for the duration of interrupted services.
With the exception of legal succession, the Customer can terminate the Contract prematurely by giving a notice period of one month in the event of the sale or other complete surrender of the property being guarded, unless this is merely a relocation, in which case the guard duty and other services shall be continued at the new location. Should Big Squad Security Services Pvt. Ltd. have to surrender or alter the beat to be guarded for economic or other reasons not in its control, it shall be entitled to terminate the Contract prematurely subject to a cancellation term of one month. However, Big Squad Security Services Pvt. Ltd. shall have a duty to do its utmost to ensure that the services are provided by another suitable security company. The Customer undertakes to inform Big Squad Security Services Pvt. Ltd. in good time beforehand of the opening of insolvency proceedings. As soon as Big Squad Security Services Pvt. Ltd. learns of the imminent opening of insolvency proceedings, Big Squad Security Services Pvt. Ltd. shall be entitled to terminate the Contract with immediate effect and seek compensation for damages suffered by it as a result of this. The same applies in the event of a downgrading of the Customer’s credit rating. The Customer agrees to inform Big Squad Security Services Pvt. Ltd. in good time prior to any anticipated deterioration in its creditworthiness. Deterioration is to be understood as a KSV-rating of the Customer of 500 or above. Big Squad Security Services Pvt. Ltd. can also terminate the Contract with immediate effect and seek compensation for damages suffered by it through this, if the Customer - despite the setting of an 8-day period of grace - shall be in default with regard to the services to be provided by him or shall hinder or have hindered the execution of the contractual services. Finally, in the event of any damage related to performance that has resulted in the Customer making a claim for compensation against Big Squad Security Services Pvt. Ltd., Big Squad Security Services Pvt. Ltd. may terminate the Contract with a notice period of one month of its acknowledgement of the obligation to provide compensation or its refusal to provide compensation.
The Customer shall be obliged to assign the rights and obligations from the Contract to his legal successor in the event of legal succession. The Contract shall be unaffected by legal succession on the part of Big Squad Security Services Pvt. Ltd..
The Customer declares that the activities transferred to Big Squad Security Services Pvt. Ltd. by the Contract do not represent transfer of undertakings or partial transfer of undertakings to Big Squad Security Services Pvt. Ltd. The Customer shall not be permitted to employ personnel provided by Big Squad Security Services Pvt. Ltd. to perform the contractual duties during the duration of the contractual relationship and for one year following the end thereof for his own services. During this term the Customer shall also prohibit third parties from employing such personnel on his behalf If the Customer violates this agreement, he must pay to Big Squad Security Services Pvt. Ltd., in addition to any other damages, a penalty for breach of contract in the amount of INR. 15,000.00 which is not subject to judicial mitigation.
Big Squad Security Services Pvt. Ltd. shall not be liable for consequential damage, e.g. loss of earnings, damage from interruption of operation etc. and for claims for compensation for damage from third parties. Big Squad Security Services Pvt. Ltd. shall not be liable for environmental damage. Furthermore, Big Squad Security Services Pvt. Ltd. shall not be liable for the duration of default in payment on the part of the Customer following issue of a reminder. Damage experienced by the Customer due to force majeure, war or terrorist activities shall be excluded from liability.
Claims for liability by Big Squad Security Services Pvt. Ltd. shall expire, shall the Customer not notify Big Squad Security Services Pvt. Ltd. immediately in writing and, in the event that liability shall be rejected, shall fail to take court action within three months.
Payment for security and other services shall be payable one month in advance, unless otherwise agreed. In the event of default, it shall be agreed that default interest of 12 percent/annum and the reimbursement of all costs incurred by Big Squad Security Services Pvt. Ltd. for reminders and collection shall be due. Big Squad Security Services Pvt. Ltd. shall be entitled to increase the fee for services if there is a general increase in costs or a rise in wages in the security industry; it shall also be obliged to lower fees accordingly, if there is a general lowering of costs or should wages in the security industry fall. The contractual partners shall be governed by the report of the "Independent Arbitration Committee" of the Federal Ministry for Economic Affairs in relation to the appropriateness of altering costs and in relation to the appropriateness of altering prices (price changes). In case of an increase, Big Squad Security Services Pvt. Ltd. shall be entitled to generally raise the fee simultaneously, in addition to this price change, by another 1% points to cover an increase in costs. With mobile/patrol services agreements, Big Squad Security Services Pvt. Ltd. is at the same time also entitled to adjust its fee due to a rise in material costs in its mobile services to the extent of the rise in material costs. With all service agreements, Big Squad Security Services Pvt. Ltd. is entitled to raise the fee in addition to the aforementioned price adjustment by the percentage that lies between the price adjustment of the "Independent Arbitration Committee" and the collectively agreed wage increase for the remuneration group. Big Squad Security Services Pvt. Ltd. shall also be entitled to adjust the fee if Big Squad Security Services Pvt. Ltd. costs for providing the services increase because laws or regulations that are relevant for the provision of the services are amended. In this case, Big Squad Security Services Pvt. Ltd. will notify the Customer in writing of the increase at least 30 days in advance. The Customer shall not be entitled to make counter-charges that are not established to be effective in law or that are not recognised by Big Squad Security Services Pvt. Ltd. Several Customers shall be liable jointly for payment.
The contractual partners agree that the safety-related supervision, the occupational health care and the evaluation of permanent Big Squad Security Services Pvt. Ltd. -workplaces in the Customer's operation (e.g. guard and concierge duties, factory security, telephone services etc.) shall be provided by the Customer's organization, likewise compliance with the requirements of the Waste Management Act. The authority of Big Squad Security Services Pvt. Ltd.'s employee representation body shall be unaffected by this.
The security Contract and any other Contracts shall be solely concluded under these General Contractual Terms and Conditions of the Security Company Big Squad Security Services Pvt. Ltd. and shall be binding for Big Squad Security Services Pvt. Ltd., unless otherwise agreed in writing, at the date on which the Customer receives the written order confirmation. Changes to the Contract must be made in writing.
These General Contractual Terms and Conditions and all Contracts are subject to INDIAN LAW with the exception of all provisions on Conflict of Laws. All subjects of court in Delhi court only.
