REF: TC0001.20 - ISSUE DATE: 04 2020 - VERSION: 01
ZED SECURITY & GUARDING LIMITED
Suite A, 16 Moorside Business Park, Colchester, Essex. CO1 2ZF. Tel; 01206 588163
“Client” – The person(s) / Company who pays for ZED Security and Guarding’s services as stated upon the contractual agreement.
1. The various charge rates referred to in this agreement will be effective until further notice. A minimum notice of four weeks (28 days) will be given to the “client” regarding any proposed alteration to these rates. Both parties’ consent that any alteration will be noted at a contract addendum. Both parties further agree that on the signing of the agreement addendum it will be subject to the terms and conditions contained therein.
1.1 The “Client” recognises that it is illegal for the Company to discriminate against the “Client”, the “Clients Workforce” or the “ZED Security and Guarding’s Work Force” because of Race, Colour< Religion, National Origin, Age, Sex or Sexual Preferences or Disability.
2.The “Client” hereby agrees that in the event of the ZED Security and Guarding commencing work for the “Client” prior to signing of the formal agreement by the “Client” that all work carried out by the said agreement shall be carried out subject to the terms and conditions contained herein and copy of which the terms and conditions have been supplied to the “Client” prior to the commencement of security services.
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 by the Director of ZED Security and Guarding and the Director or Secretary of the “Client” if they are a limited company or in the case of and individual partnership or incorporated association a duly authorised individual.
4.The “Client” warrants that he is beneficial, owner, the occupier or the appointed agents of any premises referred to in this agreement and agrees that ZED Security and Guarding’s work force will be treated as visitors to the premises in this regard.
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 and Safety Act at work 1974 and in particular but without prejudice to the generality of the provisions of the said Act it duties under section 4 of the said Act.
4.2 The “Client” will advise ZED Security and Guarding of any changes in or to the exterior or interior of the premises of the fixture, fittings, furniture there of that may affect the safety of ZED Security and Guarding’s work force and in particular, without any prejudice to the generality of the forgoing will advise ZED Security and Guarding in writing of any changes or moderation of any nature of any safety devices.
4.3 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 may be made during this agreement. The “Client” further agrees that any special equipment outside what ZED Security and Guarding’s laid out in ZED Security and Guarding’s contract will be supplied and monitored by the client solely.
5. Zed Security and Guarding shall use due care in selecting their security personnel vetted to BS 7858. Zed Security and Guarding shall operate the services provided to the “Client” with due and proper regard to the safety and security of the premises and assets.
5.1 Security personnel provided by ZED Security and Guarding shall consist of the provision of staff between the required agreed hours as stated in the contract unless notification is received in writing by the “Client”.
5.2 In circumstances where the “Client” amends the hours within 24 hours of the time the Security Officers are scheduled to be on duty, ZED Security and Guarding shall charge 50% of the cost of the total hours for the shift.
5.3 The “Client” undertakes that it will not, during the period of substance of the contract or within a year next after the termination of the contract thereof:
a) Knowingly offer employment in any capacity in relation to the provision of a service similar to that provided by ZED Security and Guarding.
b) Knowingly employ any firm or company management or controlled by a ZED Security and Guarding current work force member or previous work force member up to a year after contract termination of said employee.
c) Should the “Client” directly employ and member of ZED Security and Guarding work force, ZED Security and Guarding will be entitled to charge a one of fee of £1500 plus vat per person.
5.4 ZED Security and Guarding will despatch replacement workforce if and when the following incidents occur:
a) The “Client” requests a replacement (refer to 1.1)
b) The regular work force is late
c) The regular work force has taken ill
d) The regular work force is on holiday
e) Under any disciplinary circumstances
5.5 ZED Security and Guarding is insured for £5,000000 (five million pounds) Public Liability and for the sum of £5,000000 (five million pounds) Employer’s Liability.
5.6 ZED Security and Guarding shall ensure that it retains confidentiality of the “Client” and any information during and after the contract period and further contracts with different “Clients” do not negate these obligations.
6. Records shall be maintained by ZED Security and Guarding concerning the provision of Security services, together with information relating to any person employed on the contract.
6.1 For a period of 5 years from the effective start date, all confidential information shall be maintained in confidence by the receiving party, it shall not be disclosed to any third party and shall be protected with the same degree of care as the receiving party. Both parties, the “Client” and ZED Security and Guarding” shall retain confidentiality after the contracts have expired.
7. Under no circumstances shall ZED Security and Guarding be responsible for any injurious act or default by any member of ZED Security and Guarding work force unless such act or default could have been foreseen and avoided by the exercise of diligence on the part of ZED Security and Guarding as their employer or Principle not in any event shall ZED Security and Guarding be responsible for:
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 attribute top the negligence of any member of ZED Security and Guarding acting in the course of their duty.
b) Any loss or damaged suffered by the “Client” by virtue of breach of contract or negligence or any other reason unless written notice is received by ZED Security and Guarding at the address stated on the contract within 7 days of the time when the default by ZED Security and Guarding or any member of their work force should reasonably have come to the attention of the “Client”
c)If at the express wishes of the “Client” or ZED Security and Guarding undertake to perform duties extraneous to this Agreement then ZED Security and Guarding shall 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 ZED Security and Guarding, its employees or agents unless ZED Security and Guarding had agreed in writing to carry out such extraneous duties, signed under the hand of the Director of ZED Security and Guarding.
8. ZED Security and Guarding shall not be liable for the loss or damage of whatsoever nature suffered by the “Client” for failure to carry out the services contracted by reason of:
a) Strike, lockout or other labour disputes affecting the employees of ZED Security and Guarding or the “Client” where in the latter case the effect is to prevent or hinder ZED
Security and Guarding’s employees or agents from performing the services.
b) Any event beyond ZED Security and Guarding’s control preventing or hindering the company’s employees or agents travelling to the “Client’s” premises inclusive of but not limited to; mechanical breakdown of vehicles, traffic congestion, delay in public transport or adverse weather conditions.
c) War, act or hostile forces, civil disturbances or extensive disruption of public services; in the vent of such occurrence the services may be suspended until circumstances permit their reinstatement.
d) The presence of hazards due to defective structure of means of access, presence of noxious toxic, combustible, explosive or radiative substances or any other state of the “Client’s” premises rendering them dangerous in ZED Security and Guarding’s opinion to their employee, agent or animal owned, used or employed by ZED Security and Guarding.
e) In the event of a pandemic such as Spanish Flu or Covid-19 ZED Security and Guarding have the right to safe guard their employees or agents against such illnesses and services may be suspended until pandemic is over and circumstances permit their reinstatement.
f) Any loss or damage suffered by the “Client” in circumstances where the “Client” is in breach of any insured amounts specified.
g) Any loss or damage suffered to the “Client” during the time between the completion of ZED Security and Guarding’s duties and the time in which ZED Security and Guarding’s duties commence at the beginning of the following watch. ZED Security and Guarding will not be liable for the time between the completion of ZED Security and Guarding’s and the time the “Client’s” workforce arrives on site.
8. The “Client” agrees to indemnify ZED Security and Guarding for any loss, damage, claim or expense in excess of any insured amounts specified.
9. The 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 in 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 income or make any deed or arrangement with or composition for the benefit of any of his or its creditors.
10. Termination of this arrangement other than the reasons outlined in clause 9 will be effective after 7 days if either party to the agreement serve notice of termination in writing.
The charges will be within 24 hours up to 100%
Within 2 to 7 days prior to start date up to 50%
More than 7 days up to 10%
The rights are reserved to levy extra charges for any costs incurred in contacted services from third parties.
10.1 In the event of disruption of postal service of either party so wish written notice be served by hand or facsimile transmission and duly acknowledge by the receiving party.
11. If there shall happen any act or default of any member of Zed Security and Guarding’s workforce which may give rise to a liability in such person to the “Client” for negligence then it is hereby expressively agreed that such person should be entitled to the protection to all the terms and conditions there of 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 “Clients” right against this person.
12. No warranty representation undertaking or commitment shall be deemed to have been given or entered into by or on behalf of Zed Security and Guarding for the purposes of any agreement between Zed Security and Guarding and the “Client” unless made or entered into writing on the companies headed paper under the hand of the director. A copy of which will be forwarded to the “Client” for signature. Both parties agree that provided that a duly authorised employee or agent of the “Client” alter their security cover outlined in this agreement such alteration shall be subject to all terms and conditions contained therein.
13. Zed Security and Guarding will not accept any liability for the misuse of telephones, computers or any other software or hardware during the time of the contact unless the client can provide documentary evidence that Zed Security and Guarding’s employee(s) were responsible for said misuse.
14. It is agreed by both parties that temporary additional cover required at bank holidays or other special occasions including any emergency cover can be conveyed by telephone to our control and will be subject to all terms and conditions herein.
14.1 It is agreed that permanent alterations to cover outlined in this agreement in exchange of letter and will be subject to all terms and conditions herein.
15. Late payment charges will be incurred on any late invoices of a charge of 8% per calendar month over the agreed pay terms as stated in the contract. This charge will be cumulatively increased on the full outstanding charge.