TERMS OF BUSINESS
These terms apply to the provision of the services to be performed.
Providing the Services
Clear Watch Security Ltd shall provide the services in accordance with British Standard 7499 or 7958. To make this possible, ou will allow Clear Watch Security Ltd access to the site where the services are to be performed and shall provide at the site free of charge all equipment and facilities necessary for Clear Watch Security Ltd to execute the services including appropriate shelter, electricity, water and gas, ablution facilities and telephone.
Clear Watch Security Ltd shall commence providing the services for the period agreed. If no period has been agreed or if Clear Watch Security Ltd continues to provide the services after the agreed period, this agreement may be terminated either by you or Clear Watch Security Ltd giving 3 calendar months written notice to the other of its intention to terminate.
Clear Watch Security Ltd Personnel
Clear Watch Security Ltd complies with British Standard 7858:2004 for security screening of personnel. Upon reasonable notice to Clear Watch Security Ltd you may interview and approve the appointment of Clear Watch Security Ltd personnel providing the services at the site. If you would prefer that any of Clear Watch Security Ltd personnel at the site be replaced, Clear Watch Security Ltd will endeavor to abide if your reasons, that shall be in writing, do not clash with fair labour practices. When applicable, you shall assist Clear Watch Security Ltd in obtaining all information from any outgoing contractor that has a bearing on TUPE.
At the beginning of each month, Clear Watch Security Ltd will send you an invoice in respect of the services to be provided in that month and for any overtime worked in the previous month. Invoices are due for payment on demand unless otherwise agreed to in writing. Charges shall be in accordance with Clear Watch Security Ltd charge rates. If you do not pay on time Clear Watch Security Ltd shall have the right to end the services after giving you seven days notice. In such a case or any other case where you compel Clear Watch Security Ltd to end the services other than by agreement or after a period of 3 calendar months written notice has been given as provided in clause 2 above, you will be responsible to pay for all Clear Watch Security losses.
Clear Watch Security charge rate shall not fluctuate except where cost increases are legally imposed e.g. an increase in NIC, or if you require Clear Watch Security personnel to work in excess of the hours agreed in which case you may be charged Clear Watch Security overtime charge rate for the excess period. Notwithstanding the generality of this clause, charge rates shall be subject to annual increase as agreed to by the parties. In the event of the parties not reaching agreement on the annual increase, Clear Watch Security shall be entitled to terminate upon 30 days notice.
Offsetting of Payments and Interest
You will not be entitled to offset any amounts against payments due to Clear Watch Security Ltd. Interest at the Bank of Scotland base rate plus 2% p.a. shall be payable on any amounts not paid on due date.
Clear Watch Security indemnifies you against all claims for death or injury and damage to property arising from negligence by Clear Watch Security in the performance of the services, provided that Clear Watch Security’ liability in respect of damage to property shall not in any event exceed £5 million. Clear Watch Security shall not be liable for any other loss or damage whether direct or indirect, or for any damage caused by Clear Watch Security personnel having acted upon your instructions to do something outside the scope of the services.
Employing Clear Watch Security Personnel
If you or any of your associates or associated businesses employ directly or indirectly or introduce any of Clear Watch Security personnel while he/she is employed for the services or six months thereafter, you will pay us an introduction fee calculated in accordance with our placement fee charges in force at the time.
Searching of Persons
In the event that you require us to undertake searches of persons entering or leaving the site you shall ensure that Clear Watch Security personnel are lawfully entitled to do so and you shall indemnify us for any claim that may be brought against us for searching or attempting to search a person at the site.
Circumstances Beyond Reasonable Control
Neither you nor Clear Watch Security will be required to perform under this contract where for reasons beyond either’s reasonable control, including industrial action, it is not possible to do so.
In the interests of taking all appropriate circumstances into account in the conduct of the services you should advise Clear Watch Security Ltd in writing of all facts that could have a special bearing on the services, such as any items at the site of extraordinary value or having the potential of creating an extraordinary hazard or requiring specialised skills. If you fail to do so, Clear Watch Security Ltd and its insurers shall not incur any liability for any loss or damage. In addition, Clear Watch Security Ltd shall be entitled to summarily terminate the services and you will be responsible for all consequences resulting from your failure to report the circumstances to Clear Watch Security Ltd.
Failure to exercise a right under these terms of business shall not be deemed to be a waiver of such a right.
No variation of these terms and conditions shall be of any force or effect unless reduced to writing and signed by you and Clear Watch Security Ltd.
The laws of England shall govern these terms of business without referral to any other country’s system of law.
These terms of business replace all prior agreements and arrangements between you and Clear Watch Security Ltd, and constitutes the entire understanding between you and Clear Watch Security Ltd relating to the subject matter covered by these terms of business. No oral representations, warranties or promises shall be implied as terms of these terms.